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HomeMy WebLinkAboutAgenda Packet City Council - 06/14/2016 Cornus Christi 1201 Leopard Street - r Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,June 14,2016 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Reverend John Fletcher, Kelsey Memorial United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Saundra Thaxton, Assistant Director of Strategic Management. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-0645 Proclamation declaring June 17, 2016, "Hi-Fairnessee Girls Club Week - 85th Anniversary and Ex-Member Reunion". Proclamation declaring June 18, 2016, "CreativeMinds Go Skateboarding Day". Presentation of the "IT'S TIME TEXAS, Community Challenge Recognized Community 2016" from Governor Abbott. Presentation of the United States Flag and Certificate from the USS City of Corpus Christi. Corpus Christi Page 1 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 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. 16-0644 Special Meeting (Retreat) of March 22, 2016 and Regular Meeting of May 31, 2016. Attachments: Minutes- March 22, 2016 Special Council Mtq (Retreat) Minutes- May 31, 2016 I. BOARD &COMMITTEE APPOINTMENTS: 3. 16-0643 Civil Service Commission Civil Service Board Corpus Christi Regional Transportation Authority Human Relations Commission Island Strategic Action Committee Library Board Corpus Christi Page 2 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Civil Service Commission.pdf Civil Service Board.pdf Corpus Christi Regional Transportation Authority.pdf Human Relations Commission.pdf Island Strategic Action Committee.pdf Library Board.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 - 7) 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. 16-0550 Contract amendments to Mind Exercise Nutrition Do it (MEND) Childhood Obesity Program Service Agreements Motion authorizing the Director of the Public Health District or designee to execute contract amendments with Advanced Cheer Athletics LLC; Apex Personal Training and Nutrition; Benavides Fitness, LLC; and Twisted Cheer Company to provide additional services and funding pursuant to existing MEND Childhood Obesity Program service agreements for a total expenditure not to exceed $770,000. Funds have been budgeted by Corpus Christi-Nueces County Public Health District (CCNCPHD) in the 1115 Transformation Waiver Fund. Advanced Cheer Apex Personal Training and Athletics, LLC Nutrition, LLC 6801 Weber Road 4117 South Staples Suite 260 Corpus Christi, Texas Corpus Christi, Texas $250,000 $150,000 Benavides Fitness, LLC Twisted Cheer Company 1504 Redbird Drive 3010 Old Kingsville Road Rockport, Texas Alice, Texas $170,000 $200,000 Corpus Christi Page 3 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Agenda Memo-Amendment No. 1 MEND Childhood Obesity Program Service Amendment No 1. -Advanced Cheer and Athletics.pdf Form 1295 Advanced Cheer and Athletics.pdf Amendment No 1. -Apex Personal Training and Nutrition.pdf Form 1295 Apex Personal Training and Nutrition.pdf Amendment No 1. - Benavides Fitness .pdf Form 1295 Benavides Fitness .pdf Amendment No 1. -Twisted Cheer Company.pdf Form 1295 Twisted Cheer Company .pdf 5. 16-0569 Construction contract for Collier Pool Renovation Rebid- Part B (Restroom and Office Building) (Bond 2012 Proposition 4 -Aquatic Facilities) Motion authorizing the City Manager, or designee, to execute a construction contract with Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas in the amount of$598,874 for the Collier Pool Renovations Rebid - Part B (Restroom and Office Building) project for replacement of the existing building. (Bond 2012 Proposition 4 - Aquatic Facilities) Attachments: Agenda Memo-Collier Pool (Package B) Staff Memo-Collier Pool Project Budget Collier Pool Part B Location Map Collier Pool.pdf Presentation Collier Pool Form 1295-Collier Pool Package B-Cruz Maintenance &Construction.pdf 6. 16-0591 Construction contract for Street Preventative Maintenance Program - Seal Coats Motion authorizing the City Manager or designee, to execute a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of$1,987,973.61 each for bid Part 1, Part 2 & Part 3, for a total fee of$5,963,920.83 for the Street Preventative Maintenance Program 2015 (Year 2) Remaining and 2016 (Year 3) Seal Coat project. Attachments: Agenda Memo-Seal Coat Prosect Budget-Seal Coat Location Map SPMP Form 1295 J Carroll Weaver Presentation SPMP 7. 16-0477 Construction contract for Whitecap Wastewater Treatment Plant Ultra-Violet System Upgrade Corpus Christi Page 4 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $5,266,997.75 for the Whitecap Wastewater Treatment Plant Ultra-Violet System Upgrade for the Base Bid. Attachments: Agenda Memo-Whitecap WWTP Project Budget-Whitecap WWTP Location Map-Whitecap WWTP Presentation-Whitecap WWTP Form 1295-Whitecap WWTP L. EXECUTIVE SESSION: (ITEMS 8 - 11) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 8. 16-0641 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 9. 16-0626 Executive Session pursuant to Section Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to industrial districts and the requested deannexation of land in the vicinity thereof. 10. 16-0636 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water and utility regulatory matters, including, but not limited to, TCEQ standards and enforcement actions. 11. 16-0637 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 521 Josephine Street known as Ben Garza Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Corpus Christi Page 5 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 M. PUBLIC HEARINGS: (ITEM 12) 12. 16-0617 Public Hearing and First Reading Ordinance - Rezoning property located at 3142 Masterson Drive and 6201 Kostoryz Road Case No. 0516-01 Paisano Contractors, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The property is described as being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. Planning Commission and Staff Recommendation (May 18, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Paisano Contractors, LLC ("Owner"), by changing the UDC Zoning Map in reference to 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1, Crestmont Unit 11 (0.76 acres), from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Paisano Contractors, LLC Ordinance - Paisano Contractors, LLC Location Maps- Paisano Contractors, LLC Zoning Report-Paisano Contractors, LLC N. REGULAR AGENDA: (ITEM 13) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 16-0481 External Audit Firm Service Agreement Motion authorizing the City Manager or his designee to execute a service agreement with Padgett Stratemann & Co. L.L.P. ("PS&Co.") of San Antonio, Texas, to provide professional auditing services for a total contract value of$601,000, inclusive of an allowance of$36,000 for bond examination reports/statements and comfort letters that may be requested by the City during the term of this Agreement in accordance with Request for Qualifications No 66. The agreement is established for a three year period, subject to the approval of the City Manager or designee and the contractor. Corpus Christi Page 6 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Agenda Memo-External Audit Firm Service Agreement Amended Service Agreement for Auditing Services Form 1295-External Audit Firm Services O. FIRST READING ORDINANCES: (ITEMS 14 -20) 14. 16-0621 First Reading Ordinance -Adopting International Fire Code with local amendments Ordinance adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo-Adopting International Fire Code Ordinance -Adopting International Fire Code 15. 16-0618 First Reading Ordinance - Naming the park located at Coves of Lago Vista subdivision Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park. Attachments: Agenda Memo- Barclay Park Ordinance - Barclay Park Policy and Procedure -Coves at Lago Vista -Barclay Park Location Map- Proposed Barclay Park Map- Proposed Barclay Park 16. 16-0602 First Reading Ordinance -Accepting and appropriating a State grant for the Oso Bay Wetlands Preserve and Learning Center Ordinance authorizing the City Manager or designee to execute documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of$48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of$4,950 and an in-kind match of$8,391, for total program funds of$61,371; appropriating the $48,033.00 grant in the No. 1067 Parks Grants fund and authorizing the transfer of$4,950 from the No. 1020 General Fund to the No. 1067 Parks Grant fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016. Attachments: Agenda Memo-TPWD CO-OP Grant Ordinance -TPWD Oso Guardians Summer 2016 Program Agreement-TPWD CO-OP Agreement Budget-TPWD CO-OP Grant 17. 16-0611 First Reading Ordinance - Lease agreement for the 2016 Arts Alive! Corpus Christi Page 7 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Event Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016. Attachments: Agenda Memo-Arts Alive! 2016 Ordinance -Arts Alive! 2016 Lease Agreement-Arts Alive! 2016 18. 16-0600 First Reading Ordinance -Amending State Speed Limit in Certain Zones Along Shoreline Drive and Ennis Joslin Road Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard Attachments: Agenda Memo-Speed Limits Ordinance -Speed Limit Ennis Joslin and Shoreline Vicinity Map-Speed Limit Powerpoint Presentation for Speed Limit Ennis Joslin Shoreline 19. 16-0631 First Reading Ordinance - Interlocal Agreement Amendment for County Road 52 Extension Phase 1 B Ordinance amending the FY 2016 Capital Budget to add Project No. E16303 County Road 52 Phase 1 B, appropriating $100,000 of anticipated revenue from Nueces County, Texas; approving Amendment No. 1 to an Interlocal Agreement with Nueces County, Texas; and authorizing the City Manager, or designee, to execute Change Order No. 2 with Haas Anderson Construction of Corpus Christi, Texas in the amount of$649,017.80 for the County Road 52 project Phase 1 B for final surface treatment and completion of project. (BOND 2008) Corpus Christi Page 8 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Agenda Memo-CR 52 Project Budget-CR 52 Ph 1 Ordinance County Road 52 Location Map County Road 52 Extension Ph. 1A and 1 B Vicinity Map Presentation CR 52 Interlocal Agreement- Nueces County 2009 Amendment No. 1 to CR 52 Phase 1 Interlocal Change Order-County Road 52 Extension Ph. 1A and 1 B Vicinity Map 20. 16-0634 First Reading Ordinance -Authorizing the Issuance of Utility System Revenue Refunding Bonds Ordinance authorizing the issuance of"City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016" in an amount not to exceed $84,735,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding utility system revenue obligations; stipulating the terms and conditions for the issuance of additional Revenue Bonds on a parity therewith; 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, an escrow agreement, and a purchase contract; complying with the requirements imposed by the letter of representations previously executed 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 Utility Refunding Bonds 6-14-16.doc Ordinance - Issuance of Utility Refunding Bonds.pdf P. FUTURE BOARD MEETING: (ITEM 21) 21. 16-0628 Special Board Meeting of the Corpus Christi Housing Finance Corporation Attachments: Agenda Memo for CCHFC CCHFC Board Agenda Minutes-CCHFC Treasurer's Report April 2016.pdf Letter to Board CCHFC Board Resolution Corpus Christi Page 9 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Q. FUTURE AGENDA ITEMS: (ITEMS 22 - 29) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 16-0573 Resolution authorizing submission of grant application for a Federal grant and Interlocal Agreement for grant funds Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. Attachments: Agenda Memo-JAG application 06.14.2016 Resolution -Apply Edward Byrne Grant&Interlocal 2016 Interlocal -JAG 2016 23. 16-0469 Resolution awarding Service Agreements for Bayfront and Medians Turf and Grounds Maintenance and Stormwater Improved Rights-of-Way Mowing Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event No. 104, 110, 111, 112, 113, 114 and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group for a total cost of$288,905.73 of which $72,226.43 is required for the remainder of FY 2015-2016. Agreements will be for one year with an option to extend for up to four additional one year terms, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Parks and Recreation Department in FY 2015-2016. Cut Masters Lawn Service Dorame General Repair& Lawn Corpus Christi, Texas Corpus Christi, Texas $13,692.00 $139,349.13 Texas Gulf Coast Contracting La Med Facility maintenance, Inc. dba Gulf Coast Maintenance San Antonio, Texas Corpus Christi, Texas $37,483.60 Corpus Christi Page 10 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 $98,381.00 Attachments: Agenda Memo-Storm Water Improved Rights-Of-Way Strip Mowing and Bayfrc Resolution -Events 104 110 to 115 vFina12 Award Summary - Bayfront Parks and Medians Turf and Grounds Maintenance Maps Service Agreement- Mowing Cut Masters RFB 104 Form 1295-Cut Masters Contract Service Agreement- Mowing Dorame RFB 110 Form 1295-Dorame Contract Service Agreement- Mowing Dorame RFB 113 Form 1295-Dorame Contract Service Agreement- Mowing Gulf Coast RFB 111 Form 1295-Gulf Coast Contract Service Agreement- Mowing Gulf Coast RFB 115 Form 1295-Gulf Coast Contract Service Agreement- Mowing LaMed RFB 112 Form 1295-La Med Contract Service Agreement- Mowing LaMed RFB 114 Form 1295-La Med Contract 24. 16-0548 Supply Agreement for chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant Motion approving a Supply Agreement with Carus Corporation, Peru, Illinois, for approximately 720,000 wet pounds of Sodium Permanganate in accordance with Bid Invitation No. 118, based on the lowest, responsive and responsible bid for a not to exceed amount of $878,400.00 of which $219,600.00 is required for the remainder of FY 2015-2016. The term of the agreement shall be for one year with an option to extend for up to two one year terms, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2015-2016. Attachments: Agenda Memo-Sodium Permanganate.docx Bid Tab-Sodium Permanganate.As Supply Agreement-Sodium Permanganate (3) Form 1295-Sodium Permanganate 25. 16-0530 Engineering Design Contract Amendment No. 3 for the Programmed Water Line Service Life Extension for City-Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement Motion authorizing the City Manager, or designee, to proceed with Corpus Christi Page 11 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 delivery order preparation by executing Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of$328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City-Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. Attachments: Agenda Memo-Water IDIQ Prosect Budget-Water IDIQ Location Map-Water IDIQ Contract-Water IDIQ Presentation -Water IDIQ Form 1295-Water IDIQ.pdf 26. 16-0568 Construction Contract and Materials Testing Agreement for Kostoryz Road from Brawner Parkway to Staples Street (Bond 2012, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$8,796,224.60 and a construction materials testing agreement with Rock Engineering and Laboratory, Inc. in the amount of$64,924.00 for Kostoryz Road from Brawner Parkway to Staples Street. (BOND 2012 Proposition 1) Attachments: Agenda Memo Kostoryz BOND 2012 Prosect Budget- Kostoryz Road Bond 2012 Location Map- Kostoryz Rd. BOND 2012 Contract- Kostoryz BOND 2012 Presentation Kostoryz Road BOND 2012 Form 1295-Reytec Form 1295-Rock 27. 16-0622 Engineering Design Contract for Sea Town (aka S.E.A. District) Pedestrian Improvements (Bond 2012, Proposition 8) Motion authorizing the City Manager, or designee, to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of$157,806.71 for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. (Bond 2012, Proposition 8). Corpus Christi Page 12 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Agenda Memo-Sea Town Pedestrian Improvements.docx Project Budget-SeaTown Pedestrian Improvements.xlsx Location Map-Sea Town Pedestrian Improvements.pdf Presentation -Sea Town Pedestrian Improvements.pptx Form 1295-Sea Town Pedestrian Imps LJA.pdf Contract- LJA Sea Town Pedestrian Improvements.pdf 28. 16-0433 Service Agreement for Lindale Senior Center Roof Repair Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Lindale Senior Center, in accordance with Bid Event No. 96 based on the lowest, responsive and responsible bid for a base cost of$174,850 and an additional 10% project contingency in the amount of$17,485 for unforeseen repairs. Attachments: Agenda Memo- Lindale Senior Roof Repair.docx Bid Tabulation - Lindale Roof Repair.xlsx Service Agreement- Lindale Senior Center Roof Repair Form 1295-Lindale Senior Center Roof Repair 29. 16-0632 Appointing Financial Advisor for Issuance of Utility System Revenue Refunding Bonds Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016", in an amount not to exceed $84,735,000. Attachments: Agenda Memo- FA for Issuance of Utility Revenue Refunding Bonds 6-14-16.d Contract- Financial Advisor for Utility Refunding.pdf Form 1295-Financial Advisor for Utility Refunding.pdf R. BRIEFINGS: (ITEMS 30 - 35) 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. 30. 16-0610 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Financial Services Attachments: Agenda Memo- Financial Services Assessment Report 06142016 (00000003) Presentation - Financial Services Assessment 06142016 Report-City of Corpus Christi Management-FINAL-Weaver 31. 16-0646 *Approximate Time 3:30 pm* Charter Review Ad Hoc Committee Final Report Corpus Christi Page 13 Printed on 6/13/2016 City Council Meeting Agenda-Final June 14,2016 Attachments: Agenda Memo-Charter Review Committee Final Report Charter Review Committee Final Report 2016-06-06 Street Committee Final Report Adopted 052316 32. 16-0655 Drinking Water Treatment: The Basics And Drinking Water Short Term Action Plan Attachments: Agenda Memo- Drinking Water Treatment-the Basics&Short Term Action Pla Presentation - Drinking Water Treatment-the Basics Presentation -Short-Term Action Plan 33. 16-0576 Discussion and Direction -Vehicle for Hire/Taxi Ordinance Attachments: Agenda Memo-Vehicle for Hire/Taxi Ordinance Presentation—Vehicle for Hire/Taxi Cab Ordinance Draft Overview Taxicab Ordinance with City Council Direction &other possible c Explanation of draft overview of items remaining for discussion 34. 16-0656 Corpus Christi-Nueces County Public Health District Response to ZI KA Attachments: Agenda Memo-City Presentation-HD Resp. to Zika 6-14-2016 Presentation -Zika Update 6-14-2016 Rev. 2 35. 16-0604 Foresight Golf Annual Update Attachments: Agenda Memo- Foresight Golf 2016 Presentation - Foresight Golf 2016 S. ADJOURNMENT Corpus Christi Page 14 Printed on 6/13/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday, March 22,2016 10:00 AM Watergarden Room Museum of Science and History 1900 N. Chaparral Street SPECIAL CITY COUNCIL MEETING 2016 CITY COUNCIL RETREAT Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 10:10 a.m. B. The Honorable Gail Loeb, Presiding Judge of the Municipal Court to conduct Council Swearing In Ceremony. Mayor Martinez referred to Item B, the swearing-in ceremony for Michael T. Hunter. The Honorable Gail Loeb conducted the swearing-in of City Council Member Michael T. Hunter. A brief recess was taken until 10:25 a.m. C. 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 required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn D. Meeting Facilitator Toby Futrell to review Retreat Agenda and Council Book Table of Contents. The retreat was facilitated by Ms. Toby Futrell. Ms. Futrell provided a review of the retreat agenda including: finalizing the 2016 Council meeting calendar; a progress report on the 2015 council policy priorities; an update and feedback on communication improvements; the City Manager's operational plan; discussion on amendments to the Financial Budgetary policies; discussion on the dedicated sales tax ballot language for Type A and the Crime Control and Corpus Christi Page 1 Printed on 6/9/2016 City Council Meeting Minutes March 22,2016 Prevention District and a request for motions of direction; a discussion of council members' personal goals; and discussion on suggestions for team work,training and policy governance. E. City Manager Ron Olson to give Opening Comments. City Manager Ron Olson stated that today's retreat provides an opportunity for both the City Council and staff to focus their attention and set aspirations on important, long-term goals to achieve. City Manager Olson said that the goal is to set an agenda and discipline ourselves to not let urgent pressures overtake the important. F. City Secretary Rebecca Huerta to finalize the 2016 Council Meeting Calendar. City Secretary Huerta referred to the 2016 City Council meeting calendar and recommended canceling the following Council meetings: June 28,2016, November 22,2016, November 29,2016, and December 27,2016. There was a consensus of the Council to cancel the recommended meeting dates. G. Deputy City Manager Margie Rose to report on 2015 Council Policy Priorities. Deputy City Manager Margie Rose provided a progress report on the 2015 Council Policy priorities. The three priorities included: 1) Residential Road Repair; 2)Water Policy; and 3) Economic Development Policy. Council members requested follow up information on the following:the report on industrial desalination; a summary of the public education and outreach efforts on water supply and water supply initiatives;statistics of the downtown off-duty bike patrol efforts; an update on the Housing Incentive Program and outreach efforts to stakeholders; an update on economic development incentives and targeting industry; an update on the Texas Main Street grant application. I. Director Kim Womack to provide a Communication Update. Director of Communications Kim Womack provided an update on the communication plan. The update included the following information:the implemented organizational changes;the progress and improvements in multimedia, media relations, and eGovernment operations and website design; and citizen and media engagement. Topics of discussion included: department communication time constraints; improvements to the website; consideration for replacing the search function on the new website to a"how can we help you"option; and accessibility of the website. H. WORKING LUNCH BREAK Mayor Pro Tem Rudy Garza called for a lunch break. I. Director Kim Womack to provide a Communication Update. Mayor Pro Tem Garza reconvened the retreat meeting. Ms. Futrell returned to the discussion on the communication update and asked for feedback on the communication improvements. Council members requested follow up on the following topics: leveraging and teaching council members to push messages and information releases through their individual social media connections; Corpus Christi Page 2 Printed on 6/9/2016 City Council Meeting Minutes March 22,2016 adding to all city communications, a"positive"tag line or branding message; creating a strategic plan to help create consistency and predictability in communications; being more proactive and timely; and development of procedures internally on how information is released to the public. J. EXPLANATION OF COUNCIL ACTION: 1. Resolution adopting City Manager's 3-Year Work Plans and Goals Resolution of the Corpus Christi City Council to adopt the City Manager's 3-Year Work Plans and Goals. Ms. Futrell referred to Item 1, a resolution adopting the City Manager's 3-year Work Plans and Goals. City Manager Olson presented his 3-year work plan. The work plan consisted of four tiers: Tier 1 -City Council's priorities including Streets,Water, and Economic Development and Communications Continuous Improvement; Tier 2 -focus on internal operations and priorities ; Tier 3- issues that need attention as time permits including:facilities,equipment maintenance and replacement plan, parks master plan, homeless policy and services, and housing policy; Tier 4-City Manager's 3-year Goals; and the City Manager's 100-day plans and accomplishments. Council Member Magill made a motion to amend the resolution to add the focus of the 3-D process under Tier 2; to add a comprehensive housing strategy plan for housing that is affordable, including homeless, infill, rehabilitation and adaptive reuse, and workforce housing under Economic Development in Tier 1; and deleting Homeless Policy and Services and Housing Policy under Tier 3,seconded by Council Member McIntyre and passed unanimously. Council Member Scott made a motion to approve the resolution as amended, seconded by Council Member McIntyre. This Resolution was passed and approved as amended 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: 030789 2. Resolution amending the Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 030265 and providing financial policy direction on preparation of the annual budgets. Ms. Futrell referred to Item 2, a resolution amending the Financial Budgetary Policies. Ms. Futrell provided an overview of the components of the resolution and the three proposed changes to Sections 3, 8 and the addition of Section 19.After review and discussion,the following motions were made: Mayor Martinez made a motion to amend Section 3 to increase the General Corpus Christi Page 3 Printed on 6/9/2016 City Council Meeting Minutes March 22,2016 Rund Reserve floor from 10%to 17%,seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to amend Section 8 to increase the additional City Contribution to the Texas Municipal Retirement System (TMRS) from 1%to 2% beginning in FY2015-2016,seconded by Council Member Rosas and passed unanimously. Council Member McIntyre made a motion to amend the resolution by adding Section 19 regarding the State Hotel Occupancy Tax(HOT) Fund, seconded by Council Member Scott and passed unanimously. Council Member McIntyre made a motion to amend Section 4.5 by replacing the wording after the words, .....to build and maintain...", in the first sentence of that section with "an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent of the annual appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s).",seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to amend Section 11 by adding the phrase, "and with respect to the debt horizon." at the end of the section, seconded by Council Member Garza and passed unanimously. Council Member McIntyre made a motion to approve the resolution as amended,seconded by Council Member Magill. This Resolution was passed as amended and approved with the following vote: 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: 030790 K. Meeting Facilitator Toby Futrell and City Attorney Miles Risley to initiate Type A Sales Tax Ballot Language Discussion and request Motion of Direction. Ms. Futrell referred to the discussion regarding the dedicated sales tax ballot language and request for motion of direction. Ms. Futrell presented the following information: background on the 1/8 cent sales tax for Type A Economic Development Sales Tax; a breakdown of the sales taxes from the dedicated sales tax; the 2015 legislative change regarding sales tax; considerations for an election to renew the dedicated Type A sales tax including:the continuation of the Type A program or changing to either a Type B program or a General Revenue approach;the recommendation from the Corpus Christi Regional Economic Development Corporation on the allocation of the Type A Sales Tax; and ballot language considerations for the renewal of the Type A Sales Tax and Crime Control and Prevention District. Council members spoke regarding the following topics:the options for Type A, Type B or General Revenue;the allocation for affordable housing up to $500,000,45%for economic development programs and the remainder of funds for residential streets; a contract with the voters specifying the Corpus Christi Page 4 Printed on 6/9/2016 City Council Meeting Minutes March 22,2016 allocation of the sales tax; no expiration,sunset review for the economic development sales tax;whether insurance and maintenance of Whataburger Field could be paid for with HOT funds; seeking a recommendation from the Type A Board; a policy for the Crime Control fund balance; and the unallocated Type A economic development funds. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Attorney to draft ballot language changing the Type A Economic Development Sales Tax to the General Revenue option; and directing the City Manager to take the proposal to the Type A Board and ask for a recommendation on the allocation of funds; and clarification regarding the use of HOT funds for insurance for and the maintenance of Whataburger Field,seconded by Council Member Vaughn and passed unanimously(Mayor Martinez-absent). MOTION OF DIRECTION Council Member Scott made a motion directing the City Attorney to draft ballot language for an additional 10-year renewal of the Crime Control and Prevention District renewal using the previous ballot language and bring back an ordinance regarding the fund balance, seconded by Council Member Vaughn and passed unanimously(Mayor Martinez-absent). L. BREAK None. M. Meeting Facilitator Toby Futrell to discuss personal goals for Council members. Ms. Futrell referred to discussion of personal goals for Council members. Each council member shared two or more of their top personal goals and priorities they hoped to complete by the end of their tenure. The Council also discussed the commom goals they hoped to achieve as a team. N. Meeting Facilitator Toby Futrell and City Manager Ron Olson to discuss suggestions for Team Work and Policy Governance and request Motion of Direction. Ms. Futrell referred to discussing suggestions for team work and policy governance. Ms. Futrell provided a brief overview of the initial council member feedback on team work. City Manager Olson presented information on policy governance and the idea of specialized training for public governance such as the Carver Model of Policy Governance. The discussion with council members included: a list of the Carver Model concepts;the cost and time required for the training; including other public entities in the training; and providing research on various training models and basic information for further Council consideration. F. City Secretary Rebecca Huerta to finalize the 2016 Council Meeting Calendar. City Secretary Huerta returned to the discussion regarding the 2016 Council Meeting calendar. City Secretary Huerta informed the City Council that election day is November 8,2016. City Secretary Huerta made a recommendation to cancel the November 8,2016 regular Council meeting, and in lieu thereof, schedule a council meeting on November 1,2016. There was a general Corpus Christi Page 5 Printed on 6/9/2016 City Council Meeting Minutes March 22,2016 concurrence of the City Council supporting the recommendation. O. City Manager Ron Olson and Meeting Facilitator Toby Futrell to provide Retreat Summary and Close Ms. Futrell summarized the outcomes of the City Council retreat including: the progress report and feedback on council goals; setting the City Manager's Work Plan; amendments to the financial budgetary policies; motions of direction on the ballot language; and council members setting personal goals, individually, and as a body. R. ADJOURNMENT The meeting was adjourned at 5:50 p.m. Corpus Christi Page 6 Printed on 6/9/2016 I, To: Mayor&Council Members From: Ron Olson, City Manager Date: April 2016 Subject: March 2016 City Council Retreat Summary On March 22, 2016 the City Council spent over 8 hours in a retreat setting to discuss and work though a number of difficult strategic issues. A retreat binder was delivered to the Mayor and Council Members prior to the retreat that reflected extensive pre-retreat discussions with both the City Council and the City Manager, a final retreat agenda, and back up information including answers to individual pre-retreat questions in preparation for the retreat. This memo summarizes and organizes the outcome of the March 2016 City Council Retreat, including requested follow up, in the following 7 areas: 1. Progress Report& Feedback on Council Policy Priorities 2. Update & Feedback on Communication Improvements 3. Next Steps: Discussion and Council Resolution on City Manager's Work Plan 4. Review, Discussion &Amendments to Financial Budgetary Policies Council Resolution 5. Dedicated Sales Tax Ballot Language Discussion & Motions of Direction 6. Discussion of Personal &Team Goals for the City Council 7. Individual Council Member Requests for Follow up 1. Progress Report & Feedback on Council Policy Priorities The City Council heard and discussed a detailed progress report on each of their three long-term policy priorities, including a focus on the Council's strategies for each priority listed in rank order. The Council's three policy priorities were reconfirmed with one amendment adding a strategy under the Economic Development Policy Priority. The new economic development strategy of developing and implementing a comprehensive plan for housing that is affordable is reflected in red below. First Council Priority: Sustainable, Sufficient Annual Funding Of a Realistic Residential Road Repair& Maintenance Program, Including Curb &Gutter Projects Second Council Priority: Water Policy a) Continue Water Supply Development Which Includes: • Short-Term Industrial Desalination • Long-Term Potable Water • Groundwater As A Potential Additional Source • Continued Inter-Regional Partnerships & Planning Page 1 of 9 March 2016 City Council Retreat Summary b) Align Water&Wastewater Strategies, With A Focus on Consolidated Wastewater Plant&SSO Solution c) Educate The Public On Water Supply&Water Supply Strategies d) Utility Rate Model & Governance e) Drought Contingency Plan & Drought Determination Criteria Third Council Priority: Economic Development Policy a) Comprehensive Plan for Housing that is Affordable, including but not limited to: • Homeless • Infill • Rehabilitation &Adaptive Reuse • Workforce Housing b) Urban Infill &Adaptive Reuse c) Downtown Revitalization, Including Well Designed, Tailored Incentives, Homeless & Housing Policies, Incentive Options for Mixed Use Development Such as TIF Gap Financing, & Improved Lighting &Safety d) Create Policies That Shape Economy &Target Desired Business Niches e) Policy Alignment With EDC &Type A Board f) Retain & Grow Existing Businesses g) Developing Area Specific Plans Using Tailored Incentives & Exploring Tools Such As Development Corporations h) Predictable, Consistent Incentive Matrix i) Bringing New Businesses to District 3 j) Expand Diversity of Businesses # Council Policy Priorities Requested Follow Up 1 Residential Road Program Focus on 41" Quadrant: Residential Road Reconstruction with the AdHoc Residential Road Infrastructure Advisory Committee Report due to Council May 2016 2 Water Policy Send Council a summary of City's public education plan on water supply and water supply initiatives, including public education and outreach efforts to date 3 Economic Development Send Council a summary of Downtown bike patrol efforts &outcomes to date Policy Send Council an update on Housing Incentive Program and Program outreach efforts Update Council on the Main Street Grant application 4 Continuing Council Interest& Continue receiving updates on 7 operational areas of Council interest: Oversight Items • roadwork initiative • facility& property maintenance plan • capital & bond projects both planned & underway • park maintenance & enhancement plan • code enforcement&city cleanliness efforts • developing, adopting & implementing comprehensive & area plans • continuous improvement efforts in communication, including public information, education & information Page 2 of 9 March 2016 City Council Retreat Summary 2. Update & Feedback on Communication Improvements The City Council identified improvements in city communications as an operational priority in 2015. At the retreat, the Council heard and discussed an update on the continuous improvement efforts to date on overall public information, education and outreach. There was general agreement that communication was a long term initiative and was moving in the right direction. The council discussion could be summarized as follows, with a strong focus on creating and using a defined value proposition for all city communication: a) Create & use a value proposition—or an articulated value—for all city communication b) Carefully develop new web site to reflect the articulated value proposition for city communication c) Continued push to quickly get out in front of issues with more proactive communication d) Moving from "defense" to "moving forward" in our messages: face the negative head on and push forward with the positive e) After launching a communication initiative or communicating an upcoming change, test the success of that communication effort to identify what we did well and what we can improve f) Better defined, diverse vetting of public information releases g) Continued improved use of social media h) Leverage the individual communication & social media network of the Mayor& City Council Members to increase public outreach # Follow up on Communication Improvement 1 Send City Council the metrics & erformance measures being tracked & reported for the city communication function 2 Consider replacing the search function on the new City website to a"How can we help you?" prompt 3 Design &teach Council Members a way to seamlessly push City messages & information releases through their individual social network& social media connections 4 Bring the City Council a recommended value proposition for city communication efforts that can be consistently used as a tag line or branding for all public information & education releases. A few examples explored by Council during the retreat included: • Always forward.... • Building our city by building our trust 5 Create a strategic plan for city communication, including defined goals (proactive, timely, positive, etc.) and policies & procedures (how information is vetted prior to release, after-actions reports on how key communication was received, etc.) to help create consistency& predictability with all our public information, education & outreach 3. Next Steps: Discussion and Council Resolution on City Manager's Work Plan The City Manager presented his 3-year work plan for Council review and approval. The work plan is organized in four tiers: Tier One: To implement the three Council policy priorities plus continuous improvement on city communication Tier Two: To define and focus on processes & internal operation priorities Tier Three: To identify important additional issues that need attention as time permits Tier Four: To articulate the City Manager's 3-year goals Page 3 of 9 March 2016 City Council Retreat Summary A majority of the Council discussion on the City Manager's work plan involved recognizing that a comprehensive housing plan needs to be a key component of any strong economic development policy. The need to understand unmet needs in the continuum of available housing options was emphasized and led to the merger of homeless policy as an essential building block under a comprehensive housing plan. After review and discussion, the Council amended the City Manager's Work Plan as follows: Under Tier One: To add a new strategy for the Council Policy Priority of Economic Development: Comprehensive Plan for Housing that is Affordable, including for not limited to: • Homeless • Infill • Rehabilitation &Adaptive Reuse • Workforce Housing Under Tier Two: To add a new strategy under Continuous Improvement: Commit to the 3-D process of Discover, Discuss & Decide on critical and complex policy making topics for Council Under Tier Three: Delete Homeless Policy& Services and Housing Policy(now combined as a priority under Tier One) A copy of the Resolution to adopt the amended red-lined version of the City Manager's 3-year work plan is attached to this memo as Attachment A. 4. Review, Discussion & Amendments to Financial Budgetary Policies Resolution The Council went through an in-depth review of the 1997 Resolution #029848: Financial Budgetary Policies Providing Policy Direction on Preparation of the Annual Budgets and made the following amendments through five separate motions: Section 3 The General Fund reserve section was amended to set the floor at 17% (rather than 10%). Section 4.5 The Enterprise Fund reserve section was changed to say that the unreserved fund balance of the Enterprise Funds should be a maximum of 25%of the annual appropriations, exclusive of debt service and one-time appropriations. Anything over that amount shall be designated for specific purpose(s). Section 8 The City's TMRS contribution rate increase was changed from 1%to 2% beginning in Fiscal Year 2015-2016. Section 11 Council Member Magill added the phrase, "and with respect to the debt horizon" at the end of the section. Page 4 of 9 March 2016 City Council Retreat Summary Section 19 State Hotel Occupancy Tax (SHOT) Fund section was added as presented. A redlined version of the amended Financial Budgetary Policies adopted by Resolution #030265 is attached at the end of this memo as Attachment B. Section(s) # Follow Up Related to Financial Budgetary Policies Resolution & Council Discussion Section 5 Would like to see a presentation of the analysis quantifying revenue from new growth in the annual budget process & how the associated new tax revenue is allocated Sections 6 &7 Reserve the right to raise the amount of Industrial District revenue dedicated to street maintenance & residential road improvements in the future Sections 6 &7 Would like to see a periodic combined review of the funding stipulations & revenue generated based on Sections 6 & 7. Annually? Every two ears? Section 16 Would like to see a presentation on CIP plans and all relevant rules, guidelines & policies impacting capital improvement project work plans and estimates, such as guidelines for pre-engineering. Reference Proposition 1 example. Section 19 Would like to see a presentation on miles of beach being cleaned, broken out by bay and ocean beach miles with associated metrics such as labor hours, costs, etc. by specific beach miles. 5. Dedicated Sales Tax Ballot Language Discussion & Motions of Direction The Council discussed their options for two different dedicated sales tax allocations—Type A Economic Development Sales Tax and Crime Control & Prevention Sales Tax—coming up for renewal in the November 2016 general election. The City Attorney discussed new options for the economic development sales tax based on changes passed in the 2015 Legislature and codified through HB 157, leaving three ballot alternatives for Council to discuss—continue a Type A program or change to either a Type B program or a General Revenue approach. 1. Type A allows designated uses in the actual ballot language and is legally designed primarily for industrial economic development, while also allowed to fund affordable housing and special event facilities if specifically approved for such by the voters. 2. Type B allows designated uses in the actual ballot language and funds everything Type A does, but adds the ability to fund infrastructure including many, if not most, arterial streets. 3. General Revenue does not allow designated uses in the ballot language and would require an accompanying ordinance to form a Contract with the Voters on how the funds will be spent. This is the only option that allows the direct funding of residential streets and could remove the HUD guidelines on affordability to add greater flexibility to any housing program these funds might support. Additionally, Council heard from the CCREDC on their initial recommendation for a future allocation of Type A economic development funds due to the repayment of the Whataburger Field debt and the Council's desire to reallocate those funds for residential street improvements. Since the retreat, the CCREDC has voted on a formal recommendation that is different Page 5 of 9 March 2016 City Council Retreat Summary from the verbal retreat discussion. This formal recommendation is in the process of being sent to the City. Additionally staff will ask for a recommendation on allocation of funds from the Corpus Christi Business and Job Development Corporation Board and will brief the Crime Control and Prevention District Board on proposed ballot language prior to bringing draft ballot language back to Council for discussion and action. Ultimately, the Council voted on Motions for Direction to the City Attorney to draft ballot language to renew/redesignate dedicated sales tax funds as a beginning place for future Council discussion as follows: Type A Economic Development Sales Tax draft ballot language to be changed from Type A to General Revenue to allow the direct reallocation of freed up funds for use on residential streets, as well as to allow greater flexibility of affordable housing funds by removing the requirement that currently restricts these funds to the HUD definition of both affordable and income eligibility. The 1/8t" of 1%will be allocated annually according to a Council ordinance creating a Contract with the Voters for: • Up to $500,000 for housing that is affordable • 45%for the creation of new jobs, business development/incubation to assist small business and start up businesses, as well as education and skills development required for the jobs of the future • Remainder of funds for residential streets The Council's Contract with the Voters will also specify a term of 15 years before a Council review occurs of the ordinance that sets the allocation of this sales tax. There are a number of issues requiring legal advice and may be handled through an executive session when ballot language is brought back to Council for discussion and action. The current processes in place, as well as the role of and relationship with the current Corpus Christi Business and Job Development Corporation Board and CCREDC was envisioned to remain essentially in place -- defined through the proposed Contract with the Voters and authorized by provisions of Texas Local Government Code 501.401. The issue of how to cover the City's annual obligation for approximately$110,000 for Whataburger Field insurance costs, currently paid out of this dedicated sales tax increment, and for Whataburger Field maintenance of$175,000, currently paid out of Hotel Occupancy Tax (HOT)funds, wasn't decided. Because we have grown out of the county population bracket set out in Texas Tax Code 351.101, HOT funds can no longer be used for either the City's insurance or maintenance obligation leaving Council the option to either identify payment through dedicated sales tax or the General Fund. Crime Control and Prevention Sales Tax draft ballot language to stay the same as the previous ballot language with the addition of a cap on the amount of unallocated ending balance that can accrue as a safeguard to make sure funds are being spent in a timely fashion on crime control and prevention needs. # Sales Tax Follow Up for Dedicated Sales Tax Ballot Language 1 Type A Economic Take proposal to Corpus Christi Business and Job Development Corporation Board Development & ask for their recommendation on allocation of funds before bringing ballot language back to Council for discussion &action 2 Type A Economic What happens to unallocated Type A economic development funds current) Page 6 of 9 March 2016 City Council Retreat Summary # Sales Tax Follow Up for Dedicated Sales Tax Ballot Language Development estimated to be approximately$8M after the dedicated sales tax expires? 3 Type A Economic Bring a recommendation back to Council with proposed ballot language on how to Development fund City's annual ongoing obligation of$285K for Whataburger Field ($110Kfor insurance & $175K for maintenance 4 Crime Control & Prevention Brief Crime Control & Prevention District Board before bringing proposed ballot language back to Council for discussion & action 6. Discussion of Personal & Team Goals for the City Council Individual Council Members shared their top personal goals or projects—things they hope to complete or get underway during their tenure. This discussion was not direction to the City Manager but instead a sharing of personal priorities among Council Members. a) Fund Residential Road Reconstruction Plan & Program b) Fix the Roads c) Advance Water Policy d) Pilot Residential Road Rehabilitation/Reconstruction Program in District 2 e) Improve District 3 Infrastructure to Support Business Development, Including Storm Water Detention f) Increase the Public Trust g) Elevate Council Conversation to Policy h) Complete Junior Beck Road i) Address Street Widening & Bridges (Widening Yorktown including Bridge in Section from Rodd Field to Laguna Shore, as well as Complete Park Road 22 Bridge) j) Improve Laguna Shores Road k) Update Council Ethics Ordinance 1) Complete & Fund Consent Decree on Sanitary Sewer Overflows m) Build a Strong Workforce n) Start Rodd Field Road Expansion (Bond 2014 Proposition 2 Project) In the spirit of teamwork, the Council discussed as a group what they hoped to achieve or accomplish as a Council body or team. a) Find Common Ground as a Council Team b) Create Momentum —Get Things Done c) Commit to the 3D Process for Complex or Hard Policy Decisions: Discover, Discuss & Decide d) Increase the Public Trust e) Elevate the Council Conversation to Policy f) Build Trust Among Council Members and Between Council & Staff g) Learn How to Agree to Disagree on Individual Issues and Move Forward Page 7 of 9 March 2016 City Council Retreat Summary h) Define the City Council's Value Proposition—What Are We Really Trying to Achieve? i) Find Ways to Build Relationships with One Another— Get to Know One Another j) Share 1-on-1 Time with One Another Off the Dais As part of the discussion on how to do a better job of policy making, creating stronger accountability and handling constituent requests, the City Manager brought forward the idea of specialized training designed for public governance boards, such as the Carver Model of Policy Governance. The cost and time required for such training was discussed, as was the optimal timing of starting such training and the ability to include other public policy bodies in the training. The Council asked the City Manager to explore different training models, options and sort out issues such as the cost and time required before bringing back to Council for further discussion. # Teamwork & Policy Governance Follow UP 1 City Manager to research various models of public policy governance & explore the training requirements before bringing back options for further Council discussion 7. Miscellaneous Requests for Follow up During the course of pre-retreat preparation, as well as during the actual Council retreat, there were a handful of individual requests for follow up or information. These questions and/or requests are detailed in the table below and responses will be provided to all Council Members. # Miscellaneous Individual Follow Up Requests 1 Would like more Council 1-on-1 time or individual briefings from City Manager 2 During the budget presentations, wants to see the whole story on searching for efficiencies over time—process & outcomes of looking for efficiencies& process improvements like in budget war room). 3 Consider restarting Channel Six City Manager Q&A. 4 Test our progress in improving city communications through our citizen survey. 5 Test whether our code enforcement notices are confusing. 6 Evaluate whether we are using too many utility inserts at one time. 7 Consider regressive system of pay increases for city employees— larger%for lower paid and smaller%for hi her aid employees. 8 Presentation or report on progress, process & quality of employee performance appraisals. 9 1 Present information on Maximo—help Council understand this system & its capabilities. 10 Wants an accounting of recent history of funding &outcomes, as well as unmet needs for Animal Shelter. 11 Wants to understand city management& overhead costs, such as a span of control analysis. 12 Would like to see the City Manager's recommendation for street funding solution. 13 Wants an update on ethics policy review& recommendations. When is this expected to be complete? 14 Wants options for funding & supporting part-time policy research interns for Council Members (Use of Type A funds?). Give options to Council. 15 Can Bond ballot language for streets be described in general street categories, such as arterials or residential roads? Page 8 of 9 March 2016 City Council Retreat Summary I appreciate the time each of you took to prepare for and participate in the March 2016 Council Retreat. I know it is not always easy to pull away from pressing day-to-day demands to devote a full day to the less urgent, but equally as important long term, strategic issues. I will be providing the Council with periodic updates on the issues raised at the retreat, as well as timely responses to requests for follow up and information. Ron Olson, City Manager City of Corpus Christi Page 9 of 9 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday, May 31,2016 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 Dr. Bob Eckert. Dr. Bob Eckert gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Gene Delauro - Building Official, Development Services. Building Official Gene Delauro led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Acting City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 7- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 2- Council Member Colleen McIntyre, and Council Member Mark Scott E. Proclamations /Commendations 1. Proclamation declaring June 19, 2016, "151st Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days". Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor Martinez presented the proclamation and conducted the swearing-in Corpus Christi Page 1 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 ceremony for newly appointed board and committee members. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. Acting City Manager Margie Rose spoke regarding the following topics: b. Other 1) The Oso Bay Wetland Preserve Ribbon Cutting is scheduled to be held Friday, June 10, 2016 at 9:00 a.m with tours and activities to follow.2) Assistant Police Chief Mark Schauer and Captain Chris White provided an overview of Vector Control's enhanced Mosquito Management Plan. 3)At the Special City Council Meeting regarding the boil-water advisory,the consultant indicated that by today's council meeting,they would have a short-term plan associated with the boil water advisory.A memorandum was provided in the City Manager's report indicating that the consultants are working on the short-term action plan, but need to engage the Texas Commission on Environmental Quality(TCEQ)this week to receive input. The short-term action plan will be presented at the June 14,2016 Regular Council Meeting. a. Discussion regarding discounting customer water bills. Acting City Manager Rose stated there has been a lot of discussion over the last several weeks regarding requests for discounting water bills. This item was placed on the agenda to inform the public that the City is taking a proactive approach on this issue. Acting City Manager Rose said staff is concerned from a legal standpoint and have engaged the City's legal counsel and bond counsel to determine whether there could be future implications, short-and long-term. Acting City Manager Rose stated that based on the preliminary information,she has concerns with moving in this direction and how this decision could impact utility bonds and refunding bonds in the future. City Attorney Miles K. Risley stated that he will provide City Council with a formal legal opinion to discuss in a future executive session. H. MINUTES: 2. Special Meeting of May 23, 2016 and Regular Meeting of May 24, 2016. Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Rosas and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 5) Corpus Christi Page 2 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Garza,to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member McIntyre and Council Member Scott Abstained: 0 3. Engineering Design Services Contract for North Padre Island Beach Access Roads 3A and 2 (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Govind Development, LLC. of Corpus Christi, Texas in the amount of$73,935.00 for the North Padre Island Beach Access Roads 3A & 2. BOND 2014 Proposition 2. This Motion was passed on the Consent agenda. Enactment No: M2016-056 4. Resolution approving the purchase of water testing reagents for the Water Utilities Department and Health Department Resolution finding that competitive bids are not required for a procurement from IDEXX Distribution, Inc., Westbrook, Maine, for the laboratory testing reagent Colilert, and authorizing the City Manager, or designee, to enter into a supply agreement for a not to exceed amount of$135,304.00, of which $45,101.33 is required for the remainder of FY 2015-2016. Funds have been budgeted by the Water Department and Health Department in FY 2015-2016. The term of the agreement shall be for one year with an option to extend for up to two additional one year terms, subject to the approval of the supplier and the City Manager or designee. This Resolution was passed on the Consent Agenda. Enactment No: 030871 5. Second Reading Ordinance -Alley closure located between Fifteenth Street and Sixteenth Street and from Buford Avenue to Hancock Avenue (1st Reading 5/24/16) Ordinance abandoning and vacating an undeveloped and unsurfaced Corpus Christi Page 3 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 5,655-square foot (0.130 acres) portion of a 15-foot wide public right-of-way, as shown and dedicated by Plat of Bay View No. 3, Block 6, a map of which is recorded in Volume A, Page 25, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and The Salvation Army, a Georgia Corporation to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030872 REGULAR AGENDA: (ITEM 10) 10. Resolution approving extension of Temporary Staffing Services Agreements Resolution ratifying one year contract extensions effective as of May 15, 2016, and authorizing the City Manager or designee to execute one year extensions to the service agreements with Unique Employment Services, Advance'd Temporaries, Inc., JAT Partners, LLC dba Remedy Intelligent Staffing, and Express Employment Professionals to continue the provision of temporary staffing services for a total expenditure not to exceed $9,057,000 of which approximately $3,773,750 is required for the remainder of the fiscal year. Mayor Martinez deviated from the agenda and referred to Item 10. Interim Director of Human Resources Steven Viera stated that the purpose of this item is to approve a resolution extending the temporary staffing services agreements. There were no comments from the public. Council members spoke regarding the following topics:the funding in the amount of$3,773,750 is to pay for current temporary employees; whether the employees have been temporary employees for an extended period of time; whether the City would have to pay a penalty fee to hire contract temporary employees; the number of employees in the water department and the substantial need for temporary employees; the number of years utilitizing temporary employees; establishing an in-house temporary staffing services program; concerns with future shortfalls in the budget; a list of temporary employees in each department; and the use of community service workers in certain areas. Council Member Garza made a motion to approve the resolution,seconded by Council Member Rosas. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 2- Council Member McIntyre and Council Member Scott Abstained: 0 Corpus Christi Page 4 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 Enactment No: 030873 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Abel Alonzo, 1701 Thames,spoke in support of Acting City Manager Margie Rose's ability to help lead the City into the future.Joan Veith, 5701 Cain Drive, congratulated the City Council for appointing Margie Rose as Interim City Manager. Ms.Veith also recommended the use of dryer sheets to repel mosquitoes.John Kelley, 3621 Austin, spoke regarding the water boil issue and the recommendations provided by a consultant in 2007. Carolyn Burger, 3821 Dunstain,spoke regarding the water problems at the O.N. Stevens Water Treatment Plant and expressed concerns with personnel at the Water Department. Linda Obregon,4934 Everhart, recommended the creation of a zoning category for single-room occupancy to address the low-income housing crisis. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 9 - 11) 9. Discussion and possible action regarding possible scope for third party investigation related to the past three boil water notices. Mayor Martinez deviated from the agenda and referred to Item 9.Acting City Manager Margie Rose stated that the purpose of this item is to discuss a possible scope for a third-party investigation related to the past three boil-water notices. Director of Engineering Services Jeff Edmonds developed the scope based on various concerns that have been raised. Staff is requesting feedback from the City Council before moving forward on this issue. Council members spoke regarding the following topics: a recommendation regarding Section 2.0 Long-Range Action Plan, to look at existing capital projects in addition to new capital projects; the scope providing the flexibility to review internal,external and regulatory issues; creation of a new Section 1.0 to provide a summary of the water issues that have occurred since 2007,the recommendations, and what actions were taken, prior to moving forward;who would be leading the investigation;the creation of a task force to investigate the water issues;whether the Water& Utilities Department has reviewed their actions internally and provided a report; and engaging the Texas Commission on Environmental Quality(TCEQ) before moving forward. Corpus Christi Page 5 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 MOTION OF DIRECTION Council Member Garza made a motion to create a new Section 1.1, under Section 1.0 IMMEDIATE ACTION PLAN, of the Corpus Christi Water Utility— Boil Water Notice Investigation document, as follows: "Provide the city council with a summary detailing water issues that have occurred since 2007,what was recommended and what actions were taken.", and that the existing 1.1 and 1.2 in said document be retained and re-numbered 1.2 and 1.3, respectively, seconded by Council Member Rubio and was unanimously approved (Council Member Scott—Absent). Council Member Magill made a motion to appoint a three-member task force to investigate the City's water issues, using the approved scope, and appointing the following individuals to the task force: Chair, Ed Martin; Technical Advisor, Bob Bowcock; and Acting City Manager, Margie Rose,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Nay: 1 - Council Member Hunter Absent: 2- Council Member McIntyre and Council Member Scott Abstained: 0 Enactment No: M2016-057 11. Approving the purchase of a water truck for Parks and Recreation beach services Motion approving the purchase of a 4,000 gallon water truck from Rush Truck Centers of Texas, L.P. of Houston, Texas, for a total cost of$125,406.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council (H-GAC). Funding is available in the General Fund FY 2015-2016. Mayor Martinez referred to Item 11. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to purchase a 4,000 gallon water truck in the amount of$125,406 for Beach Operations. There were no comments from the public. Ms.Anaya and Director of Fleet Operations Jim Davis discussed the following topics with a council member:staff researching the option of purchasing the water truck through an auction process; rental of the current water truck; protection from the sea air and the cleaning and maintenance process to help prevent corrosion. Council Member Garza made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Corpus Christi Page 6 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 Absent: 2- Council Member McIntyre and Council Member Scott Abstained: 0 Enactment No: M2016-058 L. EXECUTIVE SESSION: (ITEMS 6 - 8) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 6. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. This E-Session Item was discussed in executive session. 7. Executive Session pursuant to Texas Government Code §551.071 for consultation with attorneys regarding legal matters involving the U.S. Environmental Protection Agency - Department of Justice concerns relating to sanitary sewer overflows and the City's wastewater treatment system. This E-Session Item was discussed in executive session. 8. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and duties of public officers or employees, including, but not limited to, the position of the City Manager. This E-Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEMS 12 - 16) Mayor Martinez referred to Future Agenda Items.Acting City Manager Rose stated that staff had planned presentations on Items 12, 13, 14, and 16.A council member requested infromation on Item 15. 12. Contract amendments to Mind Exercise Nutrition Do it (MEND) Childhood Obesity Program Service Agreements Motion authorizing the Director of the Public Health District or designee to execute contract amendments with Advanced Cheer Athletics LLC; Apex Personal Training and Nutrition; Benavides Fitness, LLC; and Twisted Cheer Company to provide additional services and funding pursuant to existing MEND Childhood Obesity Program service agreements for a total expenditure not to exceed $770,000. Funds have been budgeted by Corpus Christi-Nueces County Public Health Corpus Christi Page 7 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 District (CCNCPHD) in the 1115 Transformation Waiver Fund. Advanced Cheer Apex Personal Training and Athletics, LLC Nutrition, LLC 6801 Weber Road 4117 South Staples Suite 260 Corpus Christi, Texas Corpus Christi, Texas $250,000 $150,000 Benavides Fitness, LLC Twisted Cheer Company 1504 Redbird Drive 3010 Old Kingsville Road Rockport, Texas Alice, Texas $170,000 $200,000 This Motion was recommended to the consent agenda. 13. Construction contract for Collier Pool Renovation Rebid- Part B (Restroom and Office Building) (Bond 2012 Proposition 4 - Aquatic Facilities) Motion authorizing the City Manager, or designee, to execute a construction contract with Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas in the amount of$598,874 for the Collier Pool Renovations Rebid - Part B (Restroom and Office Building) project for replacement of the existing building. (Bond 2012 Proposition 4 - Aquatic Facilities) This Motion was recommended to the consent agenda. 14. Construction contract for Street Preventative Maintenance Program - Seal Coats Motion authorizing the City Manager or designee, to execute a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of$1,987,973.61 each for bid Part 1, Part 2 & Part 3, for a total fee of$5,963,920.83 for the Street Preventative Maintenance Program 2015 (Year 2) Remaining and 2016 (Year 3) Seal Coat project. This Motion was recommended to the consent agenda. 15. Construction contract for Whitecap Wastewater Treatment Plant Ultra-Violet System Upgrade Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of$5,266,997.75 for the Whitecap Wastewater Treatment Plant Ultra-Violet System Upgrade for the Base Bid. This Motion was recommended to the consent agenda. Corpus Christi Page 8 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 16. External Audit Firm Service Agreement Motion authorizing the City Manager or his designee to execute a service agreement with Padgett Stratemann & Co. L.L.P. ("PS&Co.") of San Antonio, Texas, to provide professional auditing services for a total contract value of$601,000, inclusive of an allowance of$36,000 for bond examination reports/statements and comfort letters that may be requested by the City during the term of this Agreement in accordance with Request for Qualifications No 66. The agreement is established for a three year period, subject to the approval of the City Manager or designee and the contractor. MOTION OF DIRECTION Council Member Magill made a motion directing the Acting City Manager to add a clause in the service agreement stating "The City's entry into this professional services agreement is conditioned upon the Contractor's continuing utilization of the professionals whose resumes have been attached to the Contractor's proposal. Failure of Contractor to utilize these professionals would entitle the City to terminate this agreement,"seconded by Council Member Vaughn and passed unanimously(Council Members McIntyre and Scott-Absent) This Motion was recommended to the regular agenda. Q. BRIEFINGS: (ITEM 17) 17. Discovery - Carport Regulations Mayor Martinez referred to Item 17. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to update the City Council about regulations regarding carports. Mr. McGinn stated that the Development Services Department has received an increasing number of requests for the installation of carports. This presentation is part of the discovery process to explain the definition of carports and discuss two issues staff are encountering when trying the permit these structures. The second phase of this discussion will include possible options moving forward and best practices throughout the state. Mr. McGinn providing the following information: the definition of a carport; photos of various designs of carports in the City made of a combination of wood and metal and metal roofing; a dispersion map identifying carports throughout the City;the issues including: 1) being located within the front yard building setback and 2) permitting and structural integrity of carports; a site layout for a typical residential lot; and permitting. Council members spoke regarding the following topics:whether the aluminum or wooden carports are windstorm resistant; development of a plan to permit existing structures; identifying and fining vendors that are installing carports without a permit; clarification on the permitting requirements; informing the citizens of compliance issues;the timeline for addressing this issue; a recommendation for a long lead time to identify what other cities are doing; educating the public on code enforcement issues;whether there is data in the Unified Development Code relating to non-conforming carport structures; Corpus Christi Page 9 Printed on 6/9/2016 City Council Meeting Minutes May 31,2016 whether all city-owned structures that have carports are compliant; and identifying a pathway for citizens to be in compliance that is not financially or punitive. R. ADJOURNMENT The meeting was adjourned at 4:40 p.m. Corpus Christi Page 10 Printed on 6/9/2016 City Of Corpus Christi CIVIL SERVICE COMMISSION BOARD DETAILS FOR FIREFIGHTERS AND POLICE OFFICERS ONLY SIZE 3 Seats - The Civil Service Commission adopts, amends, and 107 TERM LENGTH 3 Years enforces a code of rules and regulations providing for appointment, employment, or suspension in all OVERVIEW TERM LIM IT 6 Years positions in the classified service based upon citizenship, character, merit, efficiency, and industry, L Ad which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. COMPOSITION Three(3) members shall be appointed by the Chief Executive of the City and FZ'k confirmed by a majority of the City Council. Members must(1) be of good moral character,(2) be a U. S. Citizen,(3) be a resident of the City and have lived in the City for three years preceding appointment,(4) be over 25 years of age,and(5) not have held a public office w ithin the preceding three years. DETAILS CREATION 1 AUTHORITY Chapter 143,Texas Local Government Code. MEETS Meets third Thursday of every month and on call,9:00 a.m., Human Resources Conference Room,2nd Floor,City Hall. TERM DETAILS Three-year terms. DEPARTMENT Human Resources COMMITTEEI SUBCOMMITEE AGENDAS OTHER INFORMATION Civil Service Commission Members June 14, 2016 One (1)vacancy with term to 6-15-19. (Note: The City Manager appoints to the Civil Service Commission, subject to confirmation by the City Council.) 49 ' ' A Rixio Medina CIVIL SERVICE BOARD Seeking reappointment District 5 Partial 06/15/16 Member 100% 2/2 Tammy F. McDonald CIVIL SERVICE BOARD Active District 1 1 06/15/18 Member Guy Nickleson CIVIL SERVICE BOARD Active District 5 1 06/15/17 Chair City Of Corpus Christi CIVIL SERVICE BOARD BOARD DETAILS The Civil Service Board adopts, amends, and I& SIZE 3 Seats enforces a code of rules and regulations 107 TERM LENGTH 3 Yearsm�.j providing for appointment, employment, or OVERVIEW TERM LIM IT 6 Years suspension in all positions in the classified 11 service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION Three(3) members shall be appointed by the Council for three-year terms or until a F-EI( successor is named.The members choose their own chairman and appoint a chief examiner,not a member of the Board,who shall also act as secretary. Members must(1) be of good moral character,(2) be a U. S. Citizen,(3) be a resident of the City and have lived in the City for three years preceding appointment,(4) be over 25 years of age,and(5) not have held a public office within the preceding three DETAILS years,with the exception of notary public. CREATION 1 AUTHORITY City Charter Amendment Art.VII,Sec. 2(3-25-55),Ord. 12948,Ord. 17258- 9/15/82;amended 4-3-93. MEETS Meets third Thursday of every month and on call,9:00 a.m., Human Resources Conference Room,2nd Floor,City Hall. TERM DETAILS Three-year terms. DEPARTMENT Human Resources COMMITTEEI SUBCOMMITEE AGENDAS OTHER INFORMATION Civil Service Board Members June 14, 2016 One(1)vacancy with term to 6-15-19. (Note: The City Council appoints to the Civil Service Board. Traditionally,the same members serve on the Civil Service Board and Commission.) Rixio Medina CIVIL SERVICE BOARD Seeking reappointment District 5 Partial 06/15/16 Member 100% 2/2 Tammy F. McDonald CIVIL SERVICE BOARD Active District 1 1 06/15/18 Member Guy Nickleson CIVIL SERVICE BOARD Active District 5 1 06/15/17 Chair City Of Corpus Christi CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY BOARD DETAILS IF- The Corpus Christi Regional Transportation Authority operates and TERM LENGTH 2 Years provides for a public transportation OVERVIEW TERM LIM IT 8 Years system for Nueces County and the cities L id included in the Authority. 1 Beth Vidaurri (361) 289-2712 CONTACT m bvidaurri@ccrta.org COMPOSITION Board of Directors consist of eleven(11) members -five(5) appointed by the City F.;41 Council;three(3) appointed by Nueces County Commissioners Court;two(2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board.The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged.The DETAILS statute does not mandate that this Board member be transportation disadvantaged. If the Chairman is from the membership,the entity that appointed that person will appoint a replacement.Terms shall be for two years;members may serve up to eight consecutive years as stated by State Law.The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system.A member of the board must be a qualified voter residing in the authority. CREATION 1 AUTHORITY Ordinance No. 18285 in accordance w ith Article 1118x,V.A.C.S.Approved by electors in the cities of Corpus Christi,Agua Dulce, Driscoll,Gregory, Robstown, San Patricio,and in Nueces County on August 10, 1985. Resolution No. 20363- Amended terms to two-years and set an eight-year service limitation for members; House Bill 1621. MEETS 1st Wednesday,8:30 a.m., RTAAdministration/Operations Facility,5658 Bear Lane TERM DETAILS Two-year terms. DEPARTMENT Corpus Christi Regional Transportation Authority Corpus Christi Regional Transportation Authority Members June 14,2016 Five(5)vacancies with terms to 6-30-18. (Note: The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be transportation disadvantaged.) George Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking reappointment District 4 2 06/30/16 City Member 92% 11/12 Thomas Dreyer CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking reappointment District 1 2 06/30/16 City-Transportation Disadvantaged Member 75% 9/12(3 ezc) Conrado Garcia CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking reappointment District 5 Partial 06/30/16 City Member 100% 3/3 Edward Martinez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking reappointment District 2 Partial 06/30/16 City Member 100%12/12 Mary Saenz CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Met eight-year term limitation District 5 4 06/30/16 City Secretary Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Mayor of other Cities Vice-Chair Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Mayor of other Cities Member Angie Flores Granado CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 4 09/30/17 Nueces County Member Scott Harris CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active Partial 09/30/17 Nueces County Member Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Nueces County Member Vangie Chapa CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Regional Transportation Authority Advisory Curtis Rock CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Regional Transportation Authority Chairperson Corpus Christi Regional Transportation Authority Applicants June 14,2016 Kamlesh Bhikha CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District l RODEWAY INN 361-883-616152241H 37 AT NAVIGATION CORPUSCHRISTI TX City City or City- Transportation Donnie Contreras CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 RETIRED(CCISD) Disadvantaged A.R."Butch"Escobedo CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 BUTCH ESCOBEDO INS.AGENCY INC. 361-852-2962 5333 YORKTOWN BLVD.JJG CORPUS CHRISTI TX City Martin L.Evans CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 FREEDOM INVESTMENT COUNSEL LLC 101 NORTH SHORELINE BLVD.,STE.560 CORPUS CHRISTI TX City Mark Flores CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District l IBEW 271 361-816-95972301SARATOGA CORPUS CHRISTI TX City Ramiro H.Gamboa CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 CHRISTUS SPOHN HEALTH SYSTEM 361-881-3000 600 ELIZABETH ST. CORPUS CHRISTI TX City John Garcia CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District l COMFORT SUITES 361-991-71001814 ENNIS JOSLIN ROAD CORPUS CHRISTI TX City Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 LONDON ISD 361-855-0092 1306 FM 43 CORPUS CHRISTI TX City BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 31, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Kamlesh Bhikha Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Street Address Suite orApt q= oft City State Postal Code District 1 What district do you live in? lmwmmn� Primary Phone Alternate Phone RODEWAY INN OWNER Employer Job Title 5224 IH 37 AT NAVIGATION WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78407 WorkAddress-Zip Code 361-883-6161 Work Phone kbhikha@hotmail.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: PARK AND REC. Education, Professional and/or Community Activity (Present) BACHELOR OF COMMERCE, MAJORACCOUNTING MULTIPLE HOTEL OWNER (RODEWAY INN) BOARD OF DIRECTORAT ESC2. EDUCATION SERVICE CENTER. BOARD OF DIRECTORAT ESA. EARLY SCHOLAR ACE DE MY YMCA-DOWNTOWN BOARD MEMBER (SECRETARY-APPOINTMENT PENDING) YOGA INSTRUCTOR AT YMCA GUEST SPEAKER AT UNITY CHURCH IN ROCKPORT (MONTHLY) TOASTMASTERS - TREASURER Registered Voter? QQ Yes 0 No Current resident of the city? QQ Yes 0 No 23 If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Asian or Pacific Islander 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 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) QQ Yes O No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 22, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Donnie Contreras Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY, PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt oft City State Postal Code District 3 What district do you live in? lwwwwm� Primary Phone Alternate Phone reti red Employer Job Title WorkAddress-StreetAddressand Suite Number WorkAddress-City WorkAddress-State WorkAddress-Zip Code Work Phone donniecontreras@gmail.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: Currently I serve on the Corpus Christi Regional Transportation Authority- Committee for Accessible Transportation (RCAT) and the Committee for Persons with Disabilities. Education, Professional and/or Community Activity (Present) Master's Degree in Science and Education Regional Committee for Accessible Transportation Coastal Bend Adaptive Sports Crossroads Adaptive Sports in Victoria Registered Voter? Q Yes 0 No Current resident of the city? Q Yes Q No 58 If yes,how many years? Donnie_Bazan_ContrerasPRO_RESUME2015.docx Upload a Resume Letter_to_City. and_RTA.doc Please upload any additional supporting documents Demographics Hispanic Male Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® IAgree Board-specific questions (if applicable) 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) QQ Yes Q No Donnie Bazan Contreras Texas Department of Assistive Services 9411 Parkfield, Suite 500 04/2013 to 08/2014 Austin, TX 78758 Vocation Rehabilitation Counselor Piclidix Inc 6//2007 to 03/2013 Corpus Christi, TX Nursery, Landscape and Floral Business Coastal Bend College 811988 to 512007 Beeville, TX Academic Instructor/Division Chair Professional Profile Educator with a Specialty in Kinesiology and Health Science (19 years' experience) Director for Recreational Activities-Intramural and Extramural (19 years' experience) -I served as the Academic Division Chairperson of the Kinesiology and Health Science Division -manage the administrative, fiscal, and instructional resources of the division. -recruited full-time and adjunct faculty -scheduled class courses, faculty, classrooms, and other facilities; providing for the ongoing professional development and evaluation of faculty -oversaw curriculum development and assessment, classes instruction -responsible for student academic advisement -coordinated all aspects of faculty program development -responsible for planning and assessing of the divisional personnel -responsible for supporting the vision and mission of Coastal Bend College -responsible for compliance of rules governing The Texas Coordinating Board and the Southern Association of Colleges and Schools. -responsible for all divisional annual reports -served on various committees -provided leadership for college programs and its supporting curriculum. -oversaw the student evaluations of instructors -supported college economic and community development Corpus Christi Army Depot 1111980 - 811985 1 worked in the Compressor Shop as an Aircraft Mechanic Helper. 1 worked on the T53, 755, and T63 engine compressors. 1 worked on the disassembly and assembly of the bearing pack housing. 1 made minor repairs of some compressor assemblies. 1 cleaned parts, reworked the wheel assemblies and the impellers used to assemble compressors. 1 Flow Test the T55, L11 and the L110 number 2 bearing packages. 1 overhauled the bearing pack housing. In overhauling the bearing packages, 1 used 3 types of micrometers for precision measuring. 1 also used Dial Indicators to measure the wear on the A700 and the A720 couplers. 1 used the Intro micrometer to measure A area of the rear diffuser. Outside and Depth Micrometers for the Bearing Housing and the Travel Micrometer to measure the wing spread on the compressor rotors. 1 inspected parts for damage after disassembly. Either 1 would RED TAG or turned it over to Quality Assurance Inspector for approval. 1 worked in Rotating Electric Shop first as a Electrical Equipment Repairer Helper. 1 did disassembly, cleaning, repair, reassembly, and testing of electrical and mechanical equipment. The equipment mostly involved were motors, generators, external lights, inverters, actuators, fuel booster pumps. 1 overhauled a wide range of aircraft electrical components of all aircrafts repaired at CCAD 1 overhauled all aircraft line electrical components 1 overhauled aircraft generators 1 overhauled actuators 1 overhauled fuel probes 1 overhauled a variety of compressors 1 overhauled compressor sections 1 also worked with a variety of specialized tools used in the aircraft mechanic profession. 1 frequently used a variety of aircraft mechanical air tools 1 used torque wrenches in the overhaul process Other measurement tools that 1 used were micrometers and calipers 1 worked with Land Lights and Search Lights 1 also worked with specialized weighing tool for compressor blades Civic Service -Corpus Christi Regional Transit Authority (RCAT) Vice Chairman (1984- ) -City of Corpus Christi Committee for Persons with Disabilities Vice Chairman (2007- ) References Dr. John B Gratton Dr. Thomas B. Baynum President President New Mexico State University Carlsbad Black Hawk College 1500 University Drive 6600 34"Ave Carlsbad,NM 88220 Moline,1161265 Darlene Stockton John Moreno Coastal Bend College Coastal Bend College 3800 Charco Road 3800 Charco Road Beeville, Texas 78102 Beeville, Texas 78102 Judy Bloomquist Robert Alexander Texas A&M University Kingsville Texas Department of Assistive Services 1000 University Dr 9411 Parkfield, Suite 500 Kingsville, TX Austin,TX 78758 Education Master of Science Texas A&M University Kingsville Kingsville, TX May 1997 Bachelors of Science Corpus Christi State University Corpus Christi, TX (Currently Texas A&M Corpus Christi University) May 1988 Associate of Arts Del Mar College Corpus Christi, TX May 1980 High School Diploma Mary Carroll High School Corpus Christi, TX May 1976 Additional Information Department of the Army Certificate of Promotion Electrical Equipment Repairer Helper WG-5 effective 9/23/1984 Department of the Army Certificate of Training Basic DC Electricity 31 January 1985 Department of the Army Certificate of Promotion Electrical Equipment Repairer WG-8 Effective 812511985 Is 111 NEW MEXICO Junior College Vice President for Instruction January 5,2010 To Whom It May Concern: Mr. Donnie Contreras was employed at Coastal Bend College as a kinesiology instructor from August 1988 to May 2007. In this capacity, Donnie was responsible for teaching many different kinesiology courses while also directing the college's intramural program. Additionally, during his tenure Donnie was named as Department Chair of this division and he performed his duties to a remarkable degree of excellence. In my earlier experience, I had the opportunity to interview and recommend Mr. Contreras for employment at Coastal Bend College. We worked very closely together until 2005 when I left Coastal Bend College for my current position at New Mexico Junior College. During our time together, I found Donnie to be a wonderful teacher and a great asset to our college. He maintained a tremendous rapport with his students and his student evaluations continually demonstrated a high level of excellence. Additionally, Donnie freely accepted additional responsibilities and performed these duties very well. Mr. Contreras left Coastal Bend College due to a reduction in workforce brought about by budgetary shortfalls. In my opinion, Donnie will perform his responsibilities at your organization at a very high level of expertise and I highly recommend him for employment. Sincerely,, John B.Gratton Coastal Bend Thomas B.Baynum,Ed.D. College President January 6, 2009 To Whom It May Concern: RE: Donaciano Contreras This letter concerns Donaciano Contreras. Mr. Contreras was previously employed with Coastal Bend College from August 1988 to May 2007. He served as a Kinesiology Instructor for many years. In this position, he was responsible for teaching and mentoring students on the aspects of Kinesiology and physical education. He also assumed many other duties and responsibilities, such as being the Kinesiology Department Chair and being involved in extramural sports, in particular coaching basketball. Mr. Contreras' contract was non-renewed as part of a reduction in workforce due to budgetary constraints. At all times his evaluations were very good to excellent. During his employment, Mr. Contreras consistently demonstrated a willingness to work diligently on behalf of the College and an ability to function independently on complex tasks. Coastal Bend College wishes Mr. Contreras success in his future endeavors. If your organization is seeking an individual with his qualifications and abilities, it should consider Mr. Contreras to fill such a position. Sincerely, Dr. Thomas B. Baynum President 01-05-1O;11:43AM; # 2/ 2 Juan(Johnny)Moreno `coastal Industrial Division Chairperson/ Bend Welding Instructor College To Whom it May Concern: RE:Donaciano Contreras This letter-is in regard to Donaciano Contreras.Mr.Contreras was employed with Coastal Bend College from 1988 to 2007,I would like to express that Donaciano(Donnie)and I have been close friends since then.Donaciano was the Kinesiology Instructor for all these years.He was responsible for teaching,mentoring and advising majors on all facets of Kinesiolgy and physical education.As an instructor he had other responsibilities and duties,which included being the Department Chair for Kinesiology.He coached basketball and was involved in the scheduling and execution of the extramural sports, was very well liked by his peers and students. Coastal Bend College had a budget shortfall a couple of years ago,in which Mr.Contreras' department was downsized,and unfortunately Mr.Contreras'contract was non-renewed.He always demonstrated professionalism,willingness to work countless hours for his department and helping other departments as well.While at Coastal Bend College he attended leadership and grant writing seminars to improve quality instruction and expansion of his department and of the college.He was involved with the Bee County Leadership council and numerous citywide youth sports organization. I believe that your organization would benefit tremendously with Mr.Contreras'knowledge, abilities and qualifications.I highly recommend Mr.Contreras. ;VC ,In 'al Division/Welding Instr. January 21, 2016 City Council City of Corpus Christi, Corpus Christi, TX Dear Council Members, This letter is to express my interest in the RTA Board Members Position that has recently been posted with the unexpected resignation of Mr. Tony Elizondo. I have worked many hours throughout the years on 2 city committees. I have a working experience and years of knowledge of working with the RTA. I was on the original committee that explored throughout the USA for the perfect Transportation System. Many long months of ongoing research by this committed drove us to write a proposal while approaching every voters to vote for the plan, now known as the Regional Transportation Authority in Corpus Christi. With voter approval, now RTA has been a Transportation system that serves every citizen in Nueces County as well at the outlying counties and communities. I also currently serve on other city committee's such as the Regional Transport Authority RCAT and The Corpus Christi People's With Disabilities Committee. I serve on I have worked for Coastal Bend College as a College Professor, the Corpus Christi Army Depot as a Air Craft Mechanic and with The Department of Assistive and Rehabilitation Services for the State of Texas as a Vocation Rehabilitation Counselor. My resume, highlights my abilities in the Higher Education Experience with an emphasis in education, classroom Instruction, as a tenured Division Chairman and lastly an Independent living counselor for the State. Thank you in advance for your time. Sincerely, Donnie B. Contreras BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile R. A. "Butch" Escobedo Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Street Address Suite orApt q= oft City State Postal Code District 5 What district do you live in? lmwmmn� Primary Phone Alternate Phone BUTCH ESCOBEDO INS. AGENCY INC. OWNER/PRESIDENT Employer Job Title 5333 YORKTOWN BLVD. #g WorkAddress-StreetAddressand Suite Number CORPUS CHRISTI WorkAddress-City TX WorkAddress-State 78413 WorkAddress-Zip Code 361-852-2962 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) Owner/President, Butch Escobedo Insurance Agency, Inc. Formerly Served on the Corpus Christi Business and Job Development Corporation and the Workforce Development Corporation. Registered Voter? Q Yes 0 No Current resident of the city? Q Yes 0 No If yes,how many years? Upload a Resume Please upload any additional supporting documents Demographics Hispanic Ethnicity Male Gender Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree ® IAgree Board-specific questions (if applicable) 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) 0 Yes 0 No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Martin L. Evans Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? AIRPORT BOARD, COMMUNITY YOUTH DEVELOPMENT(78415) PROGRAM STEERING COMMITTEE, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY NUECES COUNTYTAX APPRAISAL DISTRICT, PLANNING COMMISSION, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Street Address Suite orApt City State Postal Code District 5 What district do you live in? lwmmmm� Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 WorkAddress-StreetAddressand Suite Number Corpus Christi WorkAddress-City TX WorkAddress-State 78401 WorkAddress-Zip Code Work Phone Marty@Freedom-ic.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) BS Political Science & History Ed, Texas A&I University Registered Voter? QQ Yes Q No Current resident of the city? QQ Yes Q No 50 If yes,how many years? Cijy Board Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Unknown 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 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) # Yes 0 No MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management ofa major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbaI Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis May 2009 — Present Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb I986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 10, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Mark Flores Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY ELECTRICALADVISORY BOARD, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? is.101111.1.1 Primary Phone Alternate Phone IBEW 278 ASST. BUSINESS MANAGER Employer Job Title 2301 SARATOGA WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78417 WorkAddress- Zip Code 361-816-9597 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) (1980-1984) TEXAS GULF COAST ELECTRICALJOINTAPPRENTSHIP PROGRAM AND TRAINING PROGRAM. 34 YEARS ELECTRICAL EXPERIENCE Registered Voter? QYes No Current resident of the city? Q Yes No 39 If yes, how many years? FLORES.pdf Upload a Resume FLORES.pdf Plea upload any additional supporting documents Demographics Hispanic Male Verification City Code Requirement ® IAgree Consent for Release of Information ® !Agree ® !Agree Board -specific questions (if applicable) 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) QQ Yes No Question applies to ELECTRICAL ADVISORY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Journeyman Electrician (minimum five years' experience) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 27, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Ramiro H. Prefix First Name Middle Initial Email Address Gamboa Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY 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 christus spohn health system x-ray technician Employer Job Title 600 elizabth st. WorkAddress- Street Address and Suite Number corpus christi WorkAddress - City texas WorkAddress - State 78404 WorkAddress- Zip Code 361-881-3000 Work Phone PAYO720@AOL.COM Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NONE Education, Professional and/or Community Activity (Present) Registered Voter? DYes No Current resident of the city? D Yes Q No If yes, how many years? Upload a Resume Plea 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 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) o Yes O No 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 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) 0 Yes 0 No JAN -06-2015 06:44 From: To :8263113 John Garcia John Garcia has been active in the hospitality industry for 19 years. 13o Christi, Garcia's first opportunity arose when he started at the Rama Conference Center in 1997. This experience adds supplemental fatnilia sales, hospitality, and strong community involvement. During his first 6 y he became a member of numerous organizations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospi Association (Vice President, 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Crirl Scouts of South Texas, Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cont support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn. ber of Commerce lity Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus oris & Mexico market r Corpus Christi area. need involvement and BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 08, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Carlos Vargas Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY 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 Alternate Phone London ISD Trans/Maint Director Employer Job Title 1306 FM 43 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78415 WorkAddress- Zip Code (361) 855-0092 Work Phone cvargas@londonisd.net 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) Continue to volunteer my DJ (music) services for several organization. Registered Voter? QYes No Current resident of the city? QYes No 7 If yes, how many years? Resume CarlosBVargas.doc Upload a Resume Carlos Vargas Biography.doc Plea 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 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) 0 Yes 0 No Carlos B. Vargas ®i Objective My objective is to obtain employment in my area of expertise, transportation. For the past twenty-seven years I have worked in the professional transportation field in some capacity. From my start as a bus operator for Pharr -San Juan -Alamo I.S.D. to my time as the General Manager of MV Transportation in Corpus Christi, TX, I have had the opportunity to learn most facets of the transportation field. I have become familiar with, among other aspects, route logistics, safety protocols, and budget management. I have also continued to refine my driving skills since driving was my first passion and has since become a lasting one. Most importantly, I have experience in both managerial and non -managerial positions, which has given me unique insight into both sides of transportation. I have learned, in other words, to balance the interests of my employer with those of my employees, which leads to a fair, efficient, and productive workplace. Experience General Manager, MV Transportation 2006-2014 Supervised dispatchers, trainers, drivers, clerks, administration personnel, maintenance and safety crews Executed payroll, local purchasing, and contract administration Managed division budget Visited centers/facilities Conducted monthly department meetings Submitted weekly/monthly operations reports to client Attended client meetings Attended and participated in board presentations Attended company training (MV University) Gained in -vehicle experience and conducted "behind the wheel" training Responsible for on-time operating performance, ridership equipment availability, and safety on all routes Recruited and developed staff to deliver reliable service Controlled the daily operation of transportation contract, in compliance with the policies of the contracting agency and in conformance with company procedures. Texas Certified Instructor, Region -One Educational Service Center 2002-2006 Attended Region -One meetings in Austin, Texas Conducted emergency school bus evacuation training in Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata Counties Performed classroom instruction on school bus and transportation laws Performed "behind the wheel" training Performed classroom instruction on installation of child restraint devices Judged Regional and State level school bus Road-eo Director of Transportation, McAllen Independent School District Supervised a 120 person employee staff Oversaw a 1 6 million annual budget Managed proposals for school bus purchases Submitted Transportation Funding reports to TEA Performed evacuation training for students with special needs Attended monthly school board presentation 2001-2006 Arranged meetings with school principals, teachers, and parents Gained in -vehicle experience and conducted "behind the wheel" training with bus drivers Managed Safe Transportation in-service meetings Collaborated with the City of McAllen during hurricane evacuation planning Transportation Supervisor/Dispatcher, Pharr -San Juan -Alamo I.S.D 1994-2000 Answered phones, greeted and assisted visitors, and handled general administrative duties, such as filing, copying and mailing field trip requests Organized regular bus routes Organized bus routes for students with special needs Supervised 98 bus routes Managed bi-weekly payroll Submitted Transportation Funding reports to TEA Performed school bus evacuation training at schools Performed "behind the wheel" training and earned in -vehicle experience Transportation Bus Operator, Pharr -San Juan -Alamo I.S.D. Transported students to and from school Completed assigned school function activities Ensured a safe driving environment Performed student school bus evacuation training Vehicle Transporter/Salesperson, Marty's Used Cars Transported used cars Assisted in sales and service Corresponded with customers Detailed vehicles Performed minor engine repair Education 1986-1994 1981-1986 HSD, Pharr -San Juan -Alamo High School 1981 Other Certified Texas Education Agency (TEA) Instructor Texas Association of Pupils Transportation (TAPT) Instructor State Certified under the Texas DPS in Accident Investigation Skills I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as I have consistently managed multiple projects/departments at once. 2 In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of experience in the field. In his second year of working with MV Transportation, he received the award of "New General Manager of the Year" for 2008. He manages the budget for the corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr -San Juan -Alamo ISD; seven years as a bus operator and six years as a dispatcher/supervisor. In January 2001, he became the Director of Transportation for McAllen ISD. Carlos has received numerous certifications and training within the transportation field. A most recent certification was received at MV University General Manager training. Other certifications include Texas A&M Engineering Extension Service Instructor, Texas DPS Accident Investigator, Texas DPS Child Restraint, and Texas Association for Pupil Transportation Instructor. In addition, he is a certified instructor for wheelchair securement. While employed with McAllen ISD, he attended education logistics training for school bus routing in Las Vegas, Nevada. He also attended United States Homeland Security Weapons of Mass Destruction training in Austin, Texas. Carlos is also active within the community of Corpus Christi. He currently serves as board member with Corpus Christi Hispanic Chamber of Commerce, member of Corpus Christi Chamber of Commerce, committee member with Corpus Christ Committee For Persons With Disabilities, active volunteer with Big -Brothers Big -Sisters of South Texas, active volunteer with Flour Bluff Special Olympic and volunteers with Antonio Art Garcia Center annual Navidad Del Los Nino's Christmas event in which he provides music during the Christmas toy drive giveaway. Originally, from Pharr, Texas, Carlos now works in Corpus Christi, Texas, with his wife Graciela, a teacher with CCISD. His daughter Sara Eloisa graduated in May 2008 from TAMUK as an Electrical Engineer and currently works for Sam's Club Corporate office in Rogers, Arkansas. In May -2010, his son Carlos Emmanuel graduated from TAMUCC with a degree in Biochemistry and currently attends Pacific Northwest University of Health Science in Yakima, Washington. An important aspect of his life includes his family and friends, but of great importance, his wife. He also enjoys fishing, cooking, and his favorite barbecuing where he was awarded 1St place in the "2002 -Backyard Chef" contest. City Of Corpus Christi HUMAN RELATIONS COMMISSION BOARD DETAILS OVERVIEW As, SIZE 16 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Human Relations Commission studies problems of group relationships within the City, and devises and recommends to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. 4 DETAILS COMPOSITION Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor w ith approval of the Council to study problems of group relationships w ithin the City; one (1) who shall represent the selling of dwellings, one (1) who shall represent the renting of dwellings and one (1) member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The chair of the commission shall be designated by the Mayor for a one-year unstaggered terms. The Chairperson of the Committee for Persons w ith Disabilities serves as an ex -officio voting member. CREATION / AUTHORITY Section 24-2, Code of Ordinances; Ord. No. 9410, 7-02-69; Ord. No. 9551; 10422, 10915, 13940, 16467, 023411, 8-18-98; Ord. No. 024364, 2-13-01; Ord. No. 025650, 2-10-04. MEETS 1st Thursday of the month, 5:00 p.m., City Hall, Council Chambers TERM DETAILS Three-year staggered terms. DEPARTMENT Human Relations COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION Human Relations Commission Members June 14, 2016 Seven (7) vacancies with terms to 6-14-19 representing the following categories: 4 - Regular Members and 3 - Youth. (Note: This is a Mayoral appointment with approval of the City Council. The Mayor also designates the Chair of the Commission for a one-year term.) Name Board Name Status District End Date Cate:o Position Attendance Robert A. Bonilla Linda A. Cantu Melody T. Guerrero Eloy Rodriguez Roy E. Stock Saherish Surani Elias Valverde Joel Mumphord Rene Saenz Lyndon Smiling Laura Commons April Denine Bassett Nora G. Mireles HUMAN RELATIONS COMMISSION Not seeking reappointment District 4 1 6/14/2016 Youth HUMAN RELATIONS COMMISSION Seeking reappointment District 1 Partial 6/14/2016 Regular Member HUMAN RELATIONS COMMISSION Seeking reappointment District 5 1 6/14/2016 Youth HUMAN RELATIONS COMMISSION Not seeking reappointment District 4 Partial 6/14/2016 Regular Member HUMAN RELATIONS COMMISSION Seeking reappointment District 5 Partial 6/14/2016 Regular Member HUMAN RELATIONS COMMISSION Seeking reappointment District 5 2 6/14/2016 Youth HUMAN RELATIONS COMMISSION Met the six-year term limitation District 5 2 6/14/2016 Regular Member HUMAN RELATIONS COMMISSION Active District 3 1 6/14/2017 Regular Member HUMAN RELATIONS COMMISSION Active District 3 1 6/14/2017 Regular Member HUMAN RELATIONS COMMISSION Active District 4 1 6/14/2017 Regular Member HUMAN RELATIONS COMMISSION Active District 4 Partial 6/14/2017 Selling of Dwellings HUMAN RELATIONS COMMISSION Active District 2 1 6/14/2018 Regular Member HUMAN RELATIONS COMMISSION Active District 3 1 6/14/2018 Rental of Dwellings William "Mickey" Kramer, Jr. HUMAN RELATIONS COMMISSION Active District 5 2 6/14/2018 Regular Member Richard Balli HUMAN RELATIONS COMMISSION Active District 2 N/A Member Member Member Member Member Member Member Member Member Member Member Member Member Chair, 6/14/16 CFPWD, Chair Exofficio-Voting Member Carlos Aguinaga HUMAN RELATIONS COMMISSION Active N/A Legal Aide Society, Continuous Member 100% 3/3 86% 7/8(lexc) 100% 9/9 80% 8/10 (2exc) Human Relations Commission Applicants June 14, 2016 F Bilaye R. Benibolill HUMAN RELATIONS COMMISSION District 1 Texas A&M University -Corpus Christi 6300 Ocean Drive Corpus Christi TX Regular Member Katie Gasiorowski HUMAN RELATIONS COMMISSION District 4 Student Youth Representative Brendan J. Hoover HUMAN RELATIONS COMMISSION District 5 Student Youth Representative Madeleine Patterson HUMAN RELATIONS COMMISSION District 2 Student Youth Representative Maria G. Rodriguez HUMAN RELATIONS COMMISSION District 3 Frost Bank 4215 S. Staples St. Corpus Christi TX Regular Member Zoya S. Surani HUMAN RELATIONS COMMISSION District 3 Student Youth Representative John D. Williamson HUMAN RELATIONS COMMISSION District 4 Student Youth Representative BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 06, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Bilaye Pipfrx First Name mail Address R. Benibo Middle Laa tbbme Inst al Which Boards would you like to apply for? HUMAN RELATIONS COMMISSION Street Address Suite or Apt City District 1 What dianct do you live in? Pnmary Phone Alternate Phone Texas A&M University -Corpus Christi Professor of Sociology irmployer Job Tule 6300 Ocean Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress- State 78412 WorkAddress - Zip Code state Postal Code (361) 825-5980 Work Phone bilaye.benibo©tamucc.edu Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) See attached. Registered Voter? ® Yes 0 No Current resident of the city? CO Yes Q No 21 years If yes how many years? Resume_2016 Benibo.pdf Upload a Resume Please upload any additional supporting documents Demographics African American Ethnicity Male Gender Verification City Code Requirement ® I Agree Consent for Release of Information ® lAgree Oath ® !Agree Board -specific questions (if applicable) Question applies to HUMAN RELATIONS 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 BILAYE R. BENIBO Texas A&M University -Corpus Christi Education Ph.D. Sociology, Washington University, St. Louis, 1990 M.Sc. Sociology, University of Lagos, Nigeria, 1980 B.Sc. Sociology, University of Lagos, Nigeria, 1978 O.N.D. Business Administration, University of Science and Technology, Port -Harcourt, Nigeria, 1975 Teaching Experience 2003 -Present Professor of Sociology Texas A&M University -Corpus Christi 1997-2003 1994-1997 1992-1994 1991-1992 1990-1991 1988-1990 Associate Professor of Sociology Texas A&M University -Corpus Christi Assistant Professor of Sociology Texas A&M University -Corpus Christi Assistant Professor of Sociology University of Alaska, Anchorage Anchorage Alaska Visiting Assistant Professor of Sociology University of Houston -Clear Lake Visiting Assistant Professor of Sociology Washington University, St. Louis Part-time positions at Maryville University, St. Louis; Southern Illinois University at Edwardsville; University of Missouri, St. Louis. Courses Taught: Introduction to Sociology (Human Societies) Social Problems Complex Organizations Social Change and Modernization Sociology of Work and Occupations Industrial Sociology Public Organizations (M.P.A) Research Methods in Public Administration (M.P.A) Sociology of Family Sociology of Sports Race and Ethnic Relations Sociological Theories Social Research Methods Criminology Sociology of Deviant Behavior Social Science Statistics Professional Ethics Publications Meyer, P; Ramirez, M; Araiza, I; and Benibo, B. 2011 Introduction to Sociology Reader First Edition Kendall Hunt Publishing. Chambers, V; Benibo, B; Spencer, M. (2011) Reactions to the 2008 Economic Crisis and the Theory of Planned Behavior. Academy of Accounting and Financial Studies Journal. Volume 15, Number4, 17-30. Quintanilla,K, Schatz, R. and Benibo, B.R. Exploring the Effects Organizational Change on Organizational Subculture: A Qualitative Analysis The New Jersey Journal of Communication vol. 8 Number 2, Fall 2000 Benibo, B.R., Meyer, P., Villarreal, J., (1999). Anglo and Mexican American Attitude Toward Selena's memorialization. Hispanic Journal of Behavioral Sciences vol.21 February 1999 pp78-88 Benibo, B.R. (1997) "A Technology -Contingency Framework for a Productivity -Oriented Workforce Diversity" Advanced Management Journal vol.62,2, 28-32. Benibo, B.R. "Have I Been Before? Alaska through the eyes of a Nigerian". In. S. Araji (ed) Society: An Alaskan Perspective. Kendell/Hunt Publishing - 1994. Professional Conference Presentations Benibo, B.R. Sponsorship and Willingness to Participate in Telephone Interviews among Cell -Phone -Only (CPO) Students. Presented at the Annual Conference of the Southwestern Social Science Association. March 16-19 2011 in Las Vegas, Nevada. Benibo, B.R. `Religiosity and Gender Identity: A study of College Students in the U.S.' Presented at the Annual Conference of the Southwestern Social Science Association, held March 31 - April 01 2010 in Houston Texas. Spencer, Marilyn, Benibo, Bilaye and Chambers, Valrie. `Grasshopper or Ant? Financial Optimist or Pessimist? Presented at the Annual Conference of the Southwestern Social Science Association, held March 31 -April 01 2010 in Houston Texas. Chambers, Valrie; Benibo, Bilaye and Spencer, Marilyn. `Reactions to the 2008 Economic Crisis and the Theory of Planned Behavior' Presented at the Second Annual General Business Conference held April 9-10 2010 in Huntsville, Texas Benibo, B. R. "Asian American Interviewers and Declination of Phone Interviews Among Cell -Phone -Only (CPO) College Students." Presented at the Annual Conference of the California Sociological Association held in Berkeley in November 2007. Benibo, B. R. and Gloria Bilaye-Benibo. Youth and Participation in Cell phone Surveys. Presented at the International Conference on Children's Rights and Education For the 21st Century, held Summer 2006 in Corpus Christi, Texas. Benibo, B. R. "Predecessor's Tenure and Leadership in Public Universities." Presented at the Annual Conference of the Southwestern Social Science Association held March 2006 in San Antonio, Texas. Benibo, B. R. "Cellphones and Students' Participation in Telephone Interviews." Presented at the Annual Conference of the Southwestern Social Science Association held March 2005 in New Orleans, Louisiana. Benibo, B.R. and Carrizalez, V. "Religiosity and Interfaith Marriage: A Study of College Students." Presented at the Annual Conference of the Southwestern Social Science Association held March 2005 in New Orleans, Louisiana Benibo, B.R. and MCkee, L. "Sex Differences in Attitudes Toward On-line Marital Infidelity". Presented at the Annual Conference of the Southwestern Social Science Association held March 2004 in Corpus Christi, Texas. Benibo, B.R., Meyer P.S. and Villarreal, J. "Protestant Ethic versus the Spirit of Catholicism: A Study of Catholics and Protestants Attitude Towards Memorialization." Presented at the Annual Conference of the Southwestern Social Science Association held April 2003 in San Antonio, Texas. Benibo, B.R. and Jackson, T. "Ethnic Differences in Attitude Toward Interracial Dating: A Study of White and Hispanic College Students." Presented at the National Association of African American Studies, held February, 2003 in Houston, Texas. Benibo, B.R., and Hinton, Lula "From Colored Woman to Woman of Color: The Incarnations of an African American." Presented at the National Association of African American Studies, held February, 20, 2001 in Houston, Texas. Benibo, B.R. The Privileges of Being an African American: A Working Paper on the Sociology of Minority Status. Presented at the Annual Conference of the National Association of African American Studies, February. 23 2000 in Houston Texas. Benibo, B.R., Meyer, P.S., Villarreal J. Socio -cultural Dialectics of Minority Status: A case Study of Selena. Presented at the American Sociological Association Meeting, August 13, 2000. Washington D.C. Benibo, B.R., Meyer, P.S., Sterba-Boatwright, B.D. Voluntary Transethnic Interaction on College Campuses: A Pilot Study of Anglo and Mexican American Students. Presented at the National Conference for Hispanic and Latino Studies. February 10, 1999 in Houston, Texas Benibo, B.R., Meyer, P.S., Villarreal, J. Politics of SelenaOs Memorialization: Ethnic or Religious? Presented at the National Conference of Hispanic and Latino Studies. February 10, 1999 in Houston, Texas Benibo, B.R., Functional, Economic and Social Outcomes of Occupational Injuries and Illness: Integrating Social, Economic and Health Services Research(Invited panelist) National Institute for Occupational Safety and Health Conference. Denver, Colorado Junel3, 1999. Benibo, B.R., Meyer, P.S., Villarreal, J. Media and Community Images of Selena. Presented at the Southwestern Social Science Association Meeting. March 21 1998 in Corpus Christi, Texas Meyer, P.S., Benibo, B.R., Villarreal, J. Socio -Cultural Correlates of Martyrdom: The case of Selena Quintanilla. Presented at the Southwest Social Science Association Meeting, March 26, 1997 in New Orleans. Benibo, B.R. "End of Cold War and Access to Public Data in Africa" A Renewed Hope for Comparative Research. Presented at the Southwestern Sociological Association Meeting. March 21, 1996. Houston, Texas Benibo, B.R. and Sadovsky, A.L. "State -Specific Taxation: A Game -Theoretical Model for Optimization of Federal Income Tax Revenue Base on Preservation of Common goals and Self-interest of Social Groups. Presented at Southwest Economic Association Meeting. March 22, 1996 - Houston, Texas (Invited for review by the Southwestern Journal of Economics) Benibo, B.R. and O'Neal, C. Toward a Framework for Workplace Diversity in Corporate America. Presented At the National Association for Hispanic and Latino Studies. February 14, 1996. Houston, Texas Benibo, B.R. "The Role of Youth in Shaping Culture: A Sociological Analysis. presented at the Fifth Annual African Arts Conference. November 4 St. Louis, Missouri - 1995. Benibo, B.R. "Sex or Gender in Survey Research: What Difference Does It Make?" Paper presented at Southwestern Social Science Association Meeting. March 1995. Dallas, Texas. Benibo,B.R. "Chronological Adults, Behavioral Adolescents: Toward a Power Contingency Theory of Adolescence. Presented at Southwestern Social Science Association Meeting. March 1995. Dallas, Texas. Work in Progress Benibo, B. R. Cellphones and students' participation in survey research. Benibo, B. R. and Bilaye-Benibo, G. Origin of the successor: Toward a new typology and theory. Benibo, B. R. and Bilaye-Benibo, G. Predecessor Stepping down, but not out: A Successor's nightmare or dream. Benibo, B. R. and Bilaye-Benibo, G. Leadership tenure in private and public universities. Benibo, B. R. The Dialectics of Leadership and Followership. Benibo, B. R. From teaching to research: Strategic shifts in public universities. Awards and Fellowships Distinguished Faculty Award, Texas A&M University -Corpus Christi 2001 (TAMU-CC National Alumni Association) Outstanding Faculty Nominee (TAMU-CC Chartered Class of 1994) Dissertation Fellowship, Washington University, St. Louis (1989) Post -graduate scholarship, Federal Government of Nigeria (1980) Undergraduate scholarship, Rivers State Government, Nigeria (1975) Grants Benibo, B.R., Miller, K.,and Schatz, R. "Impact assessment of multi -directional change in complex organizations: a case study of an American university." (Funded by Organized Research Committee and Arts and Humanities' Faculty Development Research Committee,Texas A&M University -Corpus Christi, August 1995) Benibo, B.R., Meyer, P., and Villareal, J. "Social construction of martyrdom: the case of Selena Quintanilla. (Funded by Texas A&M University -Corpus Christi. March 1996) Services at TAMU-CC Member, Board of Trustees, Corpus Christi Council for The Deaf and Hard of Hearing (January 2012- January 2013) Associate Director, Honors Program (June 2010- May 2011) Deputy Speaker, University Faculty Senate (May 2010 -May 2011) Inter Collegiate Athletic Committee (2007 -present) Faculty Senate (2008-2012); Chair, Awards/By Laws/Elections Committee Faculty Teaching Committee (2006-2007) and Scholarship/Creative Activities Provost Search Committee (January - May 2006) Faculty Personnel Advisory Committee (2003- 2006;2008-2010) Institutional Review Board (2004 -2006) Graduate Council 2002-2004 Freshmen Advising (1998-2009) Faculty Advisor, Sociology Club, (1997- 2009) Faculty (November Member, Present) Advisor, African-American Cultural Society 1994 -May 1996, Summer 1998- 2007) Board of Trustees, Positive Feedback (2000 - Undergraduate Admissions Committee (2000- 2002) Diversity Committee (Staff) (2000- 2004) Co -State Chairperson, National Association of African- American Studies (2001-2002) Chair, Faculty (2002/2003) Complaints Investigation Committee Member, Faculty Development Research Committee (August 1995- September 1996; 2000-2001) Board member, TAMU-CC WomenOs Center (1998-2000) Member, SASCS Administrative Assessment Committee (1998 2000) Member, Title III/Capital Development Advisory Committee to TAMU-CC Vice -President for Institutional Advancement (November, 1995 -1999) Member, Sub -Committee on "Take Back the Night": a campus - safety awareness program jointly sponsored by the Sociology Club and Women's History Month Coordinators. TAMU-CC Recreational Sports Advisory Committee (1997-1999) Library Committee (1998, 1999) Area Coordinator, National Association of African American Studies (1997-1999) TAMU-CC Recreational Sports Advisory Committee (1997-1999) Library Committee (1998, 1999) Judge, Corpus Christi Science Fair (Spring 1995, 1998) Member, International Student Advisory Committee (May 1996- (1998) Member, Sub -Committee on "Take Back the Night": a campus - safety awareness program jointly sponsored by the Sociology Club and Women's History Month Coordinators (1996-1998) Faculty Mentor, TAMU-CC S.A.I.L Program (1996-1997) Member, College of Arts and Humanities, Ad-hoc Committee on Personnel Policy (June- Dec.1996) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: May 31, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Katie Gasiorowski Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? HUMAN RELATIONS 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 katie.gasioroski©yahoo.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Student at W. B. Ray High School Mission FitPossible Board Member Registered Voter? QYes Qi No Current resident of the city? QQ Yes Q No 17 If yes, how many years? Resume.pdf Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * El Youth Representative (not more than 20 years of age at time of appointment) Katie Gasiorowski OBJECTIVE: Seeking a Youth Commissioner position on the Human Relations Commission EDUCATION: 2017 Graduate of W.B. Ray High School, 1002 Texan Trail, Corpus Christi, TX, 78411 Telephone: (361) 878-7300 Expected Date of Graduation: June, 2017 Class Rank- 2 of 476 or top 1 percent in class Specialized Course Work: International Baccalaureate Programme Middle Years Programme (MYP)/Pre-AP Algebra 1; MYP/Pre-AP Geometry; I Algebra 2; MYP/Pre-AP Pre -Calculus; International Baccalaureate Diploma Programme (DP) HL Math (2 years); MYP/Pre-AP English/ Language A (2 years); DP English Literature HL (2 years); MYP Spanish 1-4; DP Spanish 5-6 SL; MYP/Pre-AP Biology; MYP/Pre-AP Chemistry; MYP/Pre-AP Physics; DP Physics SL (2 years); DP Chemistry SL (2 years); AP Biology; AP World Geography; AP World History; DP History of the Americas HL (2 years); DP Theory of Knowledge AP Exams Taken: Human Geography, World History, English Literature and Composition, English Language and Composition, Biology, Physics Algebra -based, Calculus Dual Credit Courses taken at Del Mar College: Federal Government, State and Local Government, Economics, Sociology, College Algebra, Art History, Statistics, Calculus SCHOOL ACTIVITIES: Student Council Member (2014-2017); Academic Decathlon (2013-2017); Sophomore Council Member; Junior Council Member; Senior Council Member; National Honor Society Member (2015-2017); Spanish Honor Society Member (2014-2017) LEADERSHIP ACTIVITIES: Mission FitPossible Board Member (2016-2017); Council Community and Service Chairperson (2015-2016); Student Council Vice President (2016-2017); Sophomore Council Vice President AWARDS/HONORS: Distinguished Academics (2014-2017); International Baccalaureate Middle Years Programme Graduate; IB DP Diploma Candidate SERVICE ACTIVITIES: Mission FitPossible Volunteer (2014-2017) SKILLS: WORK EXPERIENCE: REFERENCES: City Council Student Advisory Committee (2015-2017) Hugh O'Brian Youth Leadership Conference Ambassador (2015) Hugh O'Brian Youth Leadership Conference Junior Staff (2016) Mission trip to the Dominican Republic Furniture construction for school Vacation Bible School Activities for children Sports camp for children Microsoft Office Certified Proficient in Spanish Babysitting Childcare at First Baptist Church Available upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 31, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Pretiz Email Address Brendan First Name J Hoover Middle Last Name SJII Initial Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address City District 5 What distnct do you live in7 wommini. Primary Phone Alternate Phone Employer .aab This WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WotkAddrem- Zip Code Suite orApt Pim WON State Postal Code Work Phone Work E-mail address Home/Prim4ryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional andlor Community Activity (Present) Included in Resume Registered Voter? 0 Yes No Current resident of the city? it Yes No 14 If yes, how many years? Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Caucasian/Non-Hispanic eLhnicIIy Male Verification City Code Requirement ® IAgree Consent for Release of Information ® IAgree Oath ® IAgree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH, Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative, 16 - 21 years of age at time of appointment Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) Resume Brendan Joseph Hoover Objective To obtain a position with a local organization with an excellent reputation in our community Education Activities Honors Experience Special Skills Hobbies W.B. Ray High School • 1002 Texan Trail • Corpus Christi, TX 78411 • Will graduate, June, 2017 • Grade Point Average: 93.25 • W.B. Ray Debate Club (2013—present) • St. Patrick's Catholic Church Youth Group (2012 -present) • W.B. Ray Student Council (2013-2014) • 1' Place, UIL Lincoln Douglas Debate (2014) • 4th Place, UIL Persuasive Extemporaneous Speaking (2014) • 15t Place UIL Lincoln Douglas Debate (2015) • Driscoll's Children Hospital Summer Volunteen (2014) • Guest Services Ortho/Neuro Clinic helper • Cookie shop cashier • Food Handler Permit • Certified in Microsoft Office Word, Excel, and PowerPoint • Trained in Microsoft Office Access and Publisher • Reading • Listening to music References Provided separately BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 25, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Madeleine Patterson Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address Suite orApt City District 2 State What district do you live in? 11111111111111111111111 Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Postal 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: Education, Professional and/or Community Activity (Present) STUDENTAT W.B. RAY HIGH SCHOOL - WILL BE A SENIOR THE 2016-2017 SCHOOL YEAR. VOLUNTEERS TO FEED THE HOMELESS AND AT MOTHER THERESA'S SHELTER IMPACT YOUTH GROUP, LEAD VOCALIST IN CHURCH BAND, AND TEACHES SUNDAYSCHOOLAT CATHEDRAL OF THE PALMS Registered Voter? QYes ONo Current resident of the city? Q Yes Q No 15 If yes, how many years? Upload a Resume Plea upload any additional supporting documents Demographics Hispanic Ethnicity Female Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Youth Representative, 16 - 21 years of age at time of appointment Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 06, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Maria G. Rodriguez Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, HUMAN RELATIONS COMMISSION, SISTER CITY COMMITTEE Street Address Suite orApt City State Postal Code District 3 What district do you live in? Primary Phone Alternate Phone CUSTOMER SERVICE FROST BANK REPRESENTATIVE Employer Job Title 4215 S. STAPLES ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress- Zip Code Work Phone mrodriguez1665@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) GRADUATE OF COLLEGIATE HIGH SCHOOL 2013, COMMITTEE WORK FOR CORPUS CHRISTI 7 DAY FILM FESTIVAL, ASSISTING MARTIN MIDDLE SCHOOL CHOIR TEACHER WITH CONCERT PREPARATION AND ORGANIZATION Registered Voter? QYes No Current resident of the city? Q Yes No 19 If yes, how many years? RODRIGUEZ 2 .pdf Upload a Resume RODRIGUEZ.pdf Plea upload any additional supporting documents Demographics Hispanic Female Verification City Code Requirement Z IAgree Consent for Release of Information ® !Agree Z !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? * ® Performing Arts (music, dance, drama, film) 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? * ® None of the Above Question applies to HUMAN RELATIONS 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 Maria G. Rodriguez An efficient and time manageable student seeking a position the will professionally prepare me for after completion of degree. Education: '13-'13 Saint Mary's University, San Antonio, Texas College Hours Earned- 9 credit hours '09-' 13 Del Mar College, Corpus Christi, Texas College Hours Earned - 40 credit hours '09-'13 Collegiate High School, Corpus Christi, Texas Graduated May 2013 Experience: • Lab Assistant • Worked with teacher to ensure Tabs were followed through properly • Assisted biology students with labs • Ensured that chemicals were handled properly • SAT Prep Course Assistant • Properly prepare freshman to take the PSAT • Successfully assist in the distribution knowledgeable material in more than just the traditional way • English 1 Tutor • Assist underclassmen in the many different steps in editing their high school and college papers • Ensure that knowledge of proper editing was taught, not just handed to them • E.P.I.0 Conference Presenter • Created a presentation suitable for 9th grade students to consume and interact with Activities: • Student Council • Prom Committee • Head of committee during the 2012-2013 school year • H.1.P • Mentorship program; Seniors mentoring Freshman • D.E.C.A Community Service: • Martin Middle School • Boy Scouts of America • Collegiate High School • Oak Park Elementary • StMU Law School Boo Bash Awards and Honors • Poem Published via Creative Communications • D.E.C.A District winner in Human Resource Management • D.E.C.A Internationalist Skills: • Excellent Communication Skills • Excellent Presentation Skills • Mac OS Proficiency • Windows OS Proficiency References available upon request Maria G. Rodriguez Personal Mission Statement My purpose is to gain professional experience, expand my current professional and personal networks, and prepare myself to work with an array of individuals. Maria C. Rodriguez January 28, 2015 To whom it may concem, I have lived in the city my whole life and after graduating from Collegiate High School I had a new gained love and respect for the city. Dr. Rodriguez taught me that volunteering in the community was an essential part of growing into a civic minded community member, and since graduation I have been attempting to find a way to make a difference in the city. Applying for two commissions that include activities and topics that are close to my heart seem like the perfect way to give back to the city that has given so much to me. I would adore being able to work on the various arts and even human relations within the city. Thank you for opportunity to apply for a position. Respectful ours, G. Rodriguez BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 15, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Zoya S Prefix First Name Middle Initial Email Address Surani Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address Suite orApt City District 3 State What district do you live in? 11111111111111111111111 Primary Phone Alternate Phone Veterans Memorial High School Student Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Postal Code Work Phone zoyasurani@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) Incoming Junior at the Veterans Memorial High School and enrolled as a Dual -Credit Student at Del Mar College. Registered Voter? QYes ONo Current resident of the city? Q Yes Q No 16 years If yes, how many years? Zoya_Surani Resume.docx Upload a Resume Plea upload any additional supporting documents Demographics Asian or Pacific Islander Ethnicity Female Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Youth Representative, 16 - 21 years of age at time of appointment Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) Zoya S. Surani EDUCATIONAL OBJECTIVE I plan on attending a four-year university and obtaining a Bachelor of Science. Upon completion of my Bachelor's degree, I plan to attend medical school and pursue a career in neonatology. I have been immensely involved in community outreach projects and have been a co-founder of both Project KNIGHTS (Keep Nurturing and Inspiring Good Habits in Teen Sleep) and iConquer (a project that targets both obesity and diabetes in 3-7 year old children.) EDUCATION Veterans Memorial High School—Class of 2018 3830 Rodd Field Rd Corpus Christi, TX 78414 NATIONAL AWARDS AND ACHIEVEMENTS 1" Place in the Sonatina and Sonata International Piano Competition; performed in renowned Carnegie Hall, New York as a finalist for the Sonatina and Sonata International Piano Competition— Grades 7 and 9 President's Gold Volunteer Service Award DI Global Finals 2010 SCHOLARSHIPS AND GRANT AWARDS Received $5,000 grant from Earl C. Sam's Foundation to continue research in childhood diabetes and obesity and proceed in creating a 3D animation movie for Project iConquer Received $8,000 grant from the American Sleep Medicine Foundation for research in sleep deprivation among teenagers Received $10,000 grant from Earl C. Sam's Foundation to continue research in sleep deprivation among adolescents and healthy living habits among children STATE ACHIEVEMENTS Texas Quiz Show Semifinalist DI State Finalist 2009, 2010 Mock Trial State 2015 ACTIVITIES Cofounder, iConquer Treasurer, Freshman Council Member of the District Food Advisory Team Member of the National Hispanic Institute Mock Trial Team, Witness Executive Board, Student Council Destination Imagination Member of Chopin Society Volunteer for Corpus Christi Jamatkhana CORPS Academic Decathlon OUTREACH PROJECTS Involved in script writing and production of the movie KNIGHTS (Keep Nurturing and Inspiring Good Habits in Teen Sleep) First 3D animated movie about sleep education among teens in the world Received Two Remi Gold Awards from Worldfest Film Festival (2012) Received Gold Award by American Pixar Academy (2012) Involved in script writing and production of "Addicted" music video Received Silver Remi Award at Worldfest Film Festival (2013) Involved in production of "I Care 4 U" Intensive Care Unit education movie Received Silver Remi Award at Worldfest Film Festival (2013) Involved in script writing and production of "iConquer: Chews Wisely "healthy living education movie Involved in script writing and production of "iConquer: Diabetes" education movie COLLABORATIONS THROUGH OUTREACH Mayor of Corpus Christi The Mayor's Fitness Council The Ed Rachel Foundation The Vishal Raj u Bhagat Foundation The Nueces County Community Action Agency The Diabetes Community Coalition Parks and Recreation Active Life Coastal Bend Diabetes Initiative Act Texas A&M Corpus Christi American College of Chest Physicians Junior League Coastal Bend Community Foundation Earl C. Sam Foundation Laverne & Thomas Howell Foundation Hugh `Brian Youth Leadership The Corpus Christi Caller Times CITGO MOVIES AND VIDEO PRODUCTION Wrote script and involved in production of Movie KNIGHTS (Keep Nurturing and Inspiring Good Habits in Teen Sleep), which is the first 3D animated movie about sleep education among teens in the world. This movie has received 3 major awards, including two Remi Gold Award at the Worldfest film festival in 2012 (which is one of the largest film festival in world), and Gold award by American Pixar Academy in 2012. Additionally, this project was presented to children in Thailand in the summer of 2011. Involved in writing script and production of video song "Addicted" which illustrates the story of life cycle of smoker in entertaining and education form. This movie has received Remi Silver Award at the Worldfest film festival in Houston in 4/2013. Involved in production of movie "I Care 4 U", which is a movie designed to educate family members about the Intensive Care Unit, whose loved ones are there in critically ill condition. This movie has also received Remi Silver award at the Worldfest film festival in Houston in 4/2013 Involved in writing the script and production of "iConquer: Chews Wisely" which is a movie designed to educate young children about healthy eating, exercising and important lifestyle choices. Involved in writing the script and production of "iConquer: Diabetes" which is a movie designed to educate young children about childhood obesity and diabetes. EDUCATIONAL SONGS "Blame": Hip-hop and rap song to educate the children about sleep hygiene and the effects of sleep deprivation "Torn": An upbeat song to educate teenagers about hazards of illegal substance abuse and peer pressure. "Addicted": A song depicting the life cycle of smokers in an entertaining way using hip-hop lyrics and dance rhythm. "Conquered": A song of Hip-hop and contemporary style educating children about healthy living as well as diabetes. VOLUNTEER EXPERIENCE Delivering Fruit Baskets to Homeless Shelter It's Your Life Foundation Proj ect Coordinator Corpus Christi Jamatkhana CORPS INTERN AND CLINICAL EXPERIENCE Dr. Alamgir Khan, Spohn Shoreline Hospital Ismaili Jamatkhana (prayer congregation site) Clinic Dr. Mark Morales, Spohn Shoreline Hospital BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 07, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile John D. Prefix First Name Middle Initial Email Address Williamson Last Name Which Boards would you like to apply for? HUMAN RELATIONS 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 Ray High School Student 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) I will be a junior at Ray High School in the IB program. I am an "A" student. On the Varsity Basketball Team at Ray HS. Been a competitor in the Destination Imagination Program (problem solving and critical thinking program) for CCISD for 8 years and have won Regional, State, and Global Competition. Organize and work with Red Ribbon Week speaker Louise Wasson and her service dog. Multiple missions trip with my church and serve on the fellowship committee. Registered Voter? QYes No Current resident of the city? Q Yes Q No 16 years (my whole life) If yes, how many years? Resume John D. Williamson.pdf 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) Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * El Youth Representative (not more than 20 years of age at time of appointment) John David Williamson Objective To gain admission into the Human Relations Commission as a Youth Committee Member Education/Academic W.B. Ray High School, Corpus Christi, Texas Distinguished Academics IB and Gifted and Talented Program from 1" through 12th grade Extra -Curricular Activities 3`d- 10th 9th- 12th Destination Imagination Competition (DI) (15 hr/week) • Participated for 8 years in creative problem solving and critical thinking competition • Placed 2nd in 2009 Regional Tournament in Science Challenge • Placed ls` in 2010 Regional Tournament, 3t' in State Tournament in Science Challenge • Placed 1' in 2011 Regional Tournament, 3rd in State Tournament, and 17th in Global Finals in the Science Challenge • Placed in 2012 Regional Tournament, in the Science Challenge • Placed 2nd in 2013 Regional Tournament in the Improv Challenge • Placed 2" in 2014 Regional Tournament in the Science Challenge • PIaced 15` in 20I5 Regional Tournament, 3rd in State Tournament, and 15th in Global Finals in the Science Challenge • Built friendships with teams from across the United States, Britain, China, Poland, Singapore and other nations • Recognized as the top team in CCISD • Honored as 5 -time State Champions • Competed at Elementary, Middle, Secondary, and University Levels (University next year) Basketball (25 hr/week) • Participated on Freshman Ray High School Team in 9th Grade • Participated on Varsity Ray High School Team 10th Grade (Only lower classman to make Varsity) • Won for outstanding dedication to the team and highest Basketball IQ in 10th Grade Leadership Experiences 7th - 10th Mission FitPossible Executive Member and Co -Founder (10 hr/week) • Developed a program that challenges students to live healthier life styles (i.e., exercise habits, eating habits, sleeping habits...) • Traveled to local elementary schools once a year (beginning in 2012) to host a 10 week competition between the students to educate them in regards to healthy living • Collaborated with Mayor Joe Adame and Mayor Nelda Martinez to facilitate 5K run/3K walk • Hosted two 5K run/3K walk events (December 2013, November 2014, and November 2015) to raise money for local schools 3rd - 10t Destination Imagination Team Leader (15 hr/week) • Participated on a Destination Imagination Team • Served as Team Facilitator • Organized practice, agendas, and registration for competition • Maintained the team schedule and oversaw all team activities 9`h 101h 6t — 10th Parkway Presbyterian Church Youth Committee member (11 hr/week) • Organized youth events, fundraisers, and community services opportunities • Voted on decisions regarding business commissions and church improvement • Coordinated youth committee and represented church youth • Designed and helped write Youth Sunday Curriculum and Vacation Bible School curriculum Vacation Bible School Leader (25 hriweek) • Organized and facilitated activities for children (pre -K to 5th grade) at the summer "camp" • Designed decorations for the main building • Organized and facilitated curriculum taught at the VBS • Helped the youngest age group of children at the camp (ages 2 to 5); guided children from center to center, cared for children, and taught children the curriculum Community Service and Outreach Activities 9th - 10th Mission FitPossible (10 hr/week) • Directed and edited three videos used in programs at CCISD elementary schools (used during 10 -week competition the organization hosted at local elementary schools) g� -106 9th - 10th • Organized a competition at local elementary schools to educate children about fitness (this competition has occurred for three years) • Helped raise over $50,000 to donate to local schools for physical education programs • Hosted three 5K run/3K walk events (2012, 2013, 2014) to raise funds for local CCISD physical education programs and to educate children about healthy living • Recognized in six Corpus Christi Caller Times articles for beneficial work, and as a South Texas "HealthCare Hero" finalist (organization was recognized and invited to attend the annual banquet) • Received Corpus Christi Mayoral proclamation: Feb.1, 2013 as Mission FitPossible Day for outstanding community service • Received Corpus Christi Mayoral proclamation: February 2013 as Mission FitPossible Month for outstanding community service Corpus Christi Metro Ministries (Birthday Parties and Other Fundraisers) (8 hr/week) • Hosted monthly birthday parties at the local homeless shelter for homeless women and children • Provided meals, crafts, and presents for the children celebrating their birthday in the particular month • Interacted with the children and women staying in the Rainbow House section of the shelter • Learned about domestic abuse and the struggles of homelessness from the women staying in the shelter • Regularly hosted fundraisers at Parkway Presbyterian Church to benefit the shelter • Raised awareness of local poverty and attended lectures regarding modern poverty in Iocal areas Vacation Bible School (25 hr/week) • Organized and facilitated activities for children (pre -K to 5th grade) at the summer "camp" • Cared for children at the camp whose parents were at work for extended periods of time 66 - 10th CROP Walk for Hunger (5 hr/week) • Raised money and participated in CROP Walk for Hunger, an organization that raises funds to help those facing starvation and poverty in regions such as West Africa • Organized youth group fundraisers to collect additional funds to benefit the international organization 6th - 106 Youth Halloween Festival (5 hr/week) 9th - 10th • Organized and hosted Halloween Festival for neighborhood children at Parkway Presbyterian Church • Oversaw the event and managed several booths each year DOOR (Discovering Opportunities for Outreach and Reflection) Project (40 hr/week) • Traveled to San Antonio, Texas for a week of community service and outreach • Stayed at a local Mennonite Church • Volunteered at San Antonio Food Bank, Haven for Hope (massive San Antonio homeless shelter), The Catholic Worker House (a locally run homeless shelter), Unicorn Center (a home for adults with mental disabilities), and Habitat for Humanity (an international project that builds homes for impoverished people around the world) • Maintained a regiment of 8 hours of work each day and prepared all meals 9th Mission Trip Fort Worth (45 hr/week) • Traveled to Fort Worth Texas for a week of community service • Toured several homeless shelters and talked with the clients • Volunteered at the Crossroads Community Center and the NICA Community Center, stocking shelves, organizing files and books, and interacting with the homeless youth of the region • Cooked dinner for 20 people staying at a shelter housing single parents with young children • Painted a house at the Habitat for Humanity Project Special Recognition and Personal Talents 3rd - 10th Destination Imagination • Recognized as the top team in CCISD • Honored as 5 -time State Champions • Competed at Elementary, Middle, Secondary, and University Levels (next year) • Participated in four of the six available challenge branches Summer Activities/Experiences 8th Tour of Southern United States • Visited iconic locations in the South, such as the Grand Ole Opry and the Atlanta Aquarium • Visited historic sites of the Civil War • Learned about my family's heritage and culture, and expanded my horizons in regards to Southern culture • Visited the D -Day Museum in New Orleans, Louisiana and laid a stone to commemorate my grandfather Bobby Williamson for his service in WWII Trip to the British Isles • Spent 24 days in England, Scotland, Wales, and Ireland •. Toured the Tower of London, learning about the various prisoners and political upheavals in English history • Visited The National Gallery in London and viewed art from world- famous artists such as Van Gogh and Turner • Visited the grand Westminster Abbey and gleaned insight into the cultural, religious, and political history of England • Toured downtown London and experienced the rich and ancient culture of the English people • Traveled to York, Glasgow, Edinburgh, Inverness, Liverpool, Cardiff, and Dublin, among other • Visited Stonehenge and learned of the ancient peoples and Britain's cultural roots • Witnessed the "Yes" campaign in Scotland; learned of both views (pro -independence and anti -independence) • Compared the cultural traditions and mindsets of the different people of the United Kingdom • Visited a sheep farm in Scotland and learned about the agricultural and environmental hardships faced by the British peoples 10th Tour of Washington D.C. • Toured Washington D.C. and surrounding areas • Stayed in antique brownstone in downtown area • Visited sites such as the National Gallery, Smithsonian Air and Space Museum, Natural History Museum, and the American History Museum • Visited the several monuments such as the Washington Monument and Lincoln Memorial • Visited Mount Vernon Historical Site and Appomattox Courthouse Historical Park • Received a private tour of the Capitol Building from an intern working for Congressman Pete Sessions City Of Corpus Christi ISLAND STRATEGIC ACTION COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 14 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The ISAC shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. 4 DETAILS COMPOSITION The committee shall consist of fourteen (14) members appointed by the City Council. The membership must include: 1 - member of the Padre Isles Property Ow ners Association, w ho has been nominated by the association; 1 - residential property ow ner w ho ow ns property and resides on Mustang or Padre Island; 1 - commercial property ow ner w ho ow ns property and operates a business on Mustang or Padre Island; 1 - developer of property on Mustang or Padre Island; 1 - member of the Padre Island Business Association, w ho has been nominated by the association; 1 - architect or professional engineer, who does work on projects on Mustang or Padre Island; 1 - realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1 - construction contractor, who primarily works on projects on Mustang or Padre Island; 1 - representative of an environmental group; 1 - person w ho resides on Mustang Island or w ho is an employee of a Mustang Island property ow ner; and 4 - at -large representatives w ho are residents of the City. Not less than tw elve (12) members must reside or ow n property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than five (5) members of the action committee who do not reside within the City if they own or represent the ow ner of property on Mustang or Padre Island. The follow ing organizations may appoint a representative to serve as an ex -officio advisory member of the action committee w ithout vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Of the initial members, seven (7) members shall serve a three-year term and six (6) members shall serve a tw o -year term, as determined by a draw ing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. CREATION / AUTHORITY Ordinance No. 028488, 2/16/10; amended Ordinance 030830, 4/26/16. MEETS 1st Tuesday of every month at 5:30 p.m., Padre Isles Country aub, 14353 Commodores Dr. TERM DETAILS Three-year staggered terms. DEPARTMENT General Government & Operations Support COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION Person who lives on Mustang Island or who is an employee of a Vacancy ISLAND STRATEGIC ACTION COMMITTEE New Category 3/23/2018 Mustang Island property owner Brud Jones III ISLAND STRATEGIC ACTION COMMITTEE Active Other / Non -Resident 1 3/23/2018 At -Large Member Island Strategic Action Committee Members June 14, 2016 One (1) vacancy with term to 3/23/18 representing the following category: 1- person who lives on Mustang Island or who is an employee of a Mustang Island property owner. David Perry ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2018 Environmental Group Member William Goldston ISLAND STRATEGIC ACTION COMMITTEE Active District 4 2 3/23/2018 Professional Engineer Vice -Chair Jodi Steen ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2018 Construction Contractor Member Alex Harris ISLAND STRATEGIC ACTION COMMITTEE Active Other / Non -Resident 2 3/23/2018 Developer Member Libby Middleton ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2018 Residential Property Owner Chair Rick Sowash ISLAND STRATEGIC ACTION COMMITTEE Active Carter Tate CCIM ISLAND STRATEGIC ACTION COMMITTEE Active Stan Hulse ISLAND STRATEGIC ACTION COMMITTEE Active District 4 District 4 District 4 2 3/23/2019 At -Large Member 1 3/23/2019 Realtor Member Padre Isles Prop. Owners 2 3/23/2019 Association Member Aaron B Huffman ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2019 At -Large Member Kathleen Pratt ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2019 At -Large Member Charles I Knoll ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2019 Commercial Property Owner Member Cheri Sperling ISLAND STRATEGIC ACTION COMMITTEE Active District 4 1 3/23/2019 Padre Island Business Association Member Name Island Strategic Action Committee Applicants June 14, 2016 Boards Ai I in_ For District 1.1 Work Address Work Phone Person who resides on Mustang Island or who is an employee of a Mustang Island Shannon M. Bumstead ISLAND STRATEGIC ACTION COMMITTEE District 4 Bumstead Properties, Inc. property owner 14254 SPID, Suite 217 Person who resides on Mustang Island or who is an employee of a Mustang Island Kendra L. Kinnison ISLAND STRATEGIC ACTION COMMITTEE District 4 Port Royal Ocean Resort property owner 6317 State Hwy 361 Port Aransas TX 361-749-3705 Person who resides on Mustang Island or who is an employee of a Mustang Island Raymond M Rose ISLAND STRATEGIC ACTION COMMITTEE District 4 Rose & Smith Associates property owner 134 Mustang Island Estates Drive Port Aransas TX Corpus Christi TX 361-510-5655 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 08, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Shannon M Prefix First Name Middle Initial Email Address Bumstead Last Name Which Boards would you like to apply for? ISLAND STRATEGIC ACTION 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 Bumstead Properties, Inc. Employer 14254 SPID Suite 217 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78418 WorkAddress- Zip Code Broker / Owner Job Title 3615105655 Work Phone shanabellscott@yahoo.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Corpus Christi Association of Realtors Texas Association of Realtors National Association of Realtors Padre Island Business Association Registered Voter? DYes No Current resident of the city? D Yes Q No 17 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 !Agree ® !Agree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island?* El Yes, I am an Island Property Owner ® Yes, I am an Island Resident Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Realtor (Who primarily represents buyers or sellers of property on Mustang or Padre Island) ® Residential Property Owner (Who owns property and resides on Mustang or Padre Island) ® Commercial property owner (Who owns property and operates a business on Mustang or Padre Island) ® At Large Representative who is a City Resident ® Person who resides on Mustang Island or who is an employee of a Mustang Island property owner BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 26, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Kendra L Prefix First Name Middle Initial Email Address Kinnison Last Name Which Boards would you like to apply for? ISLAND STRATEGIC ACTION 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 Port Royal Ocean Resort General Mana.er Employer 6317 State Hwv 361 WorkAddress- Street Address and Suite Number Port Aransas WorkAddress - City TX WorkAddress - State 78373 WorkAddress- Zip Code Job Title 361-749-3705 Work Phone kkinnison@port-royal.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Advisory Board, College of Business, TAMUCC At -Large Board Member, Texas Travel IndustryAssociation Registered Voter? QYes No Current resident of the city? QYes No 20 If yes, how many years? Kinnison Resume 2016.pdf 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 ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island?* El No Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® At Large Representative who is a City Resident ® Person who resides on Mustang Island or who is an employee of a Mustang Island property owner Kendra L. Kinnison, CPA, MBA Experience: November 2013 to Port Royal Ocean Resort, Corpus Christi, Texas Present General Manager December 2011 to November 2013 (Contract role previously, KCo) August 2009 to June 2011 May 2007 to May 2009 (Contract role previously, KCo) Responsibilities include leadership and oversight of 210 -unit homeowners association, hotel/resort operations, capital projects, and all ancillary business units. Director of Finance Responsibilities included strategic planning and management functions as a member of the Senior Leadership Team, accounting operations, owner relations, and leadership of the property's RevMax Team, which coordinates forecasting, inventory management, and marketing efforts. Neovia Solutions, LLC, Corpus Christi, Texas Co -Founder Responsibilities included providing social media marketing and training to clients ranging from solopreneurs to Fortune 500 companies through this interactive advertising agency. DOYLES, Corpus Christi/Houston, Texas Vice President & Chief' Financial Officer Responsibilities included strategic planning and management functions as a member of the Executive Team as well as oversight and development of the accounting, human resources, information technology, supply chain and special projects depaitinents of this rapidly growing equipment supplier to the international oil and gas industry. Named to the Inc. 5000 list in 2008. November 2005 to Utopia World Cuisine & Lounge, Inc., Corpus Christi, Texas May 2007 Co -Owner & Administrative Manager April 2002 to December 2011 Responsibilities included management of human resources, accounting, cash management, and special projects for 6,000 sq ft restaurant and lounge. Kinnison & Co., LLC (formerly Ensemble Group), Corpus Christi, Texas Managing Partner Major projects included: - Implementation and design of several enterprise system implementations, including process development and training - Providing outsourced controllership services for more than a dozen business and non-profit organizations - Providing pre -audit systems development and clean-up services upon request of other CPA firms December 1996 to Various positions within public accounting firms, Corpus Christi, Texas April 2002 Business Advisor, Senior Accountant, StaffAccountant Professional Licenses: Certified Public Accountant, State of Texas Education: Master of Business Administration, December 2000 Texas A & M University — Corpus Christi, GPA — 4.0 Other Activities: Awards/Honors: Bachelor of Business Administration, May 1999 Texas A & M University — Corpus Christi, GPA — 4.0 Advisory Board Member, College of Business, TAMU-CC At -Large Board Member, Texas Travel Industry Association Board Member, Texas BPW Foundation Member, Church Unlimited Chair, Leadership Corpus Christi Class 35 Past State President, Texas Business Women Past President, National Board of TAMU-CC Alumni Association Member, TAMU-CC Momentum 2015 & 2020 Steering Committee Past President, Volunteer Services Council — Corpus Christi State School Past Treasurer, Leadership Corpus Christi Alumni Association Past Member, Board of Directors, KEDT Past Member, City of Corpus Christi South Central Development Committee Past Member, Heart of Corpus Christi Code Enforcement Committee Past Member, Board of Directors, Girl Scouts Paisano Council Selected to speak at TEDxCorpusChristi 2013 & Catalyst Michigan 2014 Selected to Corpus Christi Top 40 under 40 (2006) SBA Young Entrepreneur Award, Rio Grande Valley District (2006) Y Women in Careers Honoree (2005) Profiled in Corpus Christi Caller -Times Leaders in Business (December 2004) State Runner-up, BPW/Texas Young Careerist Competition (2002 & 2003) Young Alumni Award, TAMU-CC National Alumni Association (2002) Selected to Leadership Corpus Christi Class 30 (2001) Special Award for Outstanding Achievement on the Uniform CPA Examination, Texas State Board of Public Accountancy (2001) Outstanding Student in the College of Business, TAMU-CC (2001) Youngest MBA Graduate (in history of University), TAMU-CC (2000) Distinguished Graduate, TAMU-CC (2000) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 19, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Raymond M Prefix First Name Middle Initial Email Address Rose Last Name Which Boards would you like to apply for? ISLAND STRATEGIC ACTION 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 Rose & Smith Associates Employer 134 Mustang Island Estates Drive WorkAddress- Street Address and Suite Number Port Aransas WorkAddress - City Texas WorkAddress - State 783734927 WorkAddress- Zip Code Job Title Work Phone ray©rose-smith.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) M. Ed; Public Policy Chair for Texas Distance Learning Association; Island United Political Action Committee Board member; Unitarian Universalist Church Of Corpus Christi, Ministerial Search Committee Chair, Sound Technician; Registered Voter? DYes No Current resident of the city? Q Yes Q No 3 If yes, how many years? RMRoseISACresume.pdf Upload a Resume Plea upload any additional supporting documents Demographics African American Ethnicity Male Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Do you reside or own property on Mustang or Padre Island?* El Yes, I am an Island Property Owner Question applies to ISLAND STRATEGIC ACTION COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Residential Property Owner (Who owns property and resides on Mustang or Padre Island) ® Person who resides on Mustang Island or who is an employee of a Mustang Island property owner Raymond M. Rose Rose & Smith Associates 19 April 2016 RE: Resume for ISAC People: I would very much like to become the Mustang Island representative on the Islands Strategic Action Committee (ISAC). Here's some information to help you get to know me better and see why I'd be right for the position. I've been a Mustang Island Property owner for over five years, and when we moved to Corpus Christi three years ago, began designing and building our Mustang Island dream home. I've been living on our island for the past year, and have been attending ISAC meetings since we first arrived three years ago. When we first moved here, my returning South Texas wife and I were hungry to learn everything we could about our new homeland and how decisions are made. I'm an inexhaustible busybody and want to learn everything I can about things that interest me. That brought us to the ISAC because it was clear that was where a good deal of information was provided. I've become one of the regulars, attend consistently, and follow topics both simple and complex as they evolve. I've become an active member of the board of the Islands United Political Action Committee (IUPAC) because I see it as an important vehicle to help get out the vote for issues relevant to the islands, and because I want to ensure that it's focused not only on Padre Island issues, but includes those all the way to Port Aransas. It is very clear that, while both islands are clearly interconnected, there are a variety of differences both in how the two islands are served and in how the City perceives them. In addition to the IUPAC, I'm an active member of the Unitarian Universalist Church of Corpus Christi, where I am currently the Chair for the Settled Ministerial Search Committee, and sound technician for Sunday services. I'm also Public Policy Chair for the Texas Distance Learning Association. My professional background is in education. I started my career as a junior high school science teacher in Massachusetts, and then as a curriculum coordinator, guidance counselor, and building administrator. I was a civil rights specialist for the Massachusetts Department of Education, and then discovered the world of non-profit school improvement organizations, where I worked for a decade in a number of federally -funded projects, all related to improving education. During that time, my roles took on increased management responsibility, including becoming an Associate Project Director and Director of Technology. That was followed by another decade of work in an educational technology research and development organization, where I was Vice President and managed a number of projects including a five-year, $10 million, nationally recognized teacher professional development program. We did pioneering work in online learning, including creating the country's first virtual high school. This is where I began to develop my expertise in online education, which has developed into a national reputation. RMRose Resume for ISAC page 2 I followed that as an administrator for one of the nation's leading online mentoring programs for higher education students and faculty. I was most recently an assistant professor at Huston - Tillotson University, where my many hats included Instructional Technology Coordinator, Distance Education Coordinator, coordinator for faculty professional development, along with instructor of instructional technology in the teacher preparation program. As a result of my background in civil rights and my leadership in online education, I have become nationally recognized for my expertise in researching and interpreting the legal issues in providing online learning to students with disabilities. I consult with K-12 and higher education institutions on issues of quality in online education, have a number of publications to my credit, and have been an invited speaker at Texas A&M Corpus Christi, as well as at various state and national conferences. I feel the ISAC has a significant role in the growth and development of both Padre and Mustang Islands, but that it is crucial for there to be representation from Mustang Island by someone who not only travels the Island Road regularly, but is immersed in the living here, and is aware of the growth, changes, and needs that are taking place in Port Aransas that will influence life on both islands. I'm a researcher, an analyst, and big -picture visionary who's been characterized as seeing things differently than others. I like to ask, "But what about...?" and, "How will this affect...?" I have been able to pull together seemingly unrelated nuances that shape outcomes and then calculate their influences. I want to make the sphere I live in a robust, functioning, intentional community. I would very much like to be that representative and appreciate your consideration. Sincerely , ov2, Raymond M. Rose City Of Corpus Christi LIBRARY BOARD BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. �q DETAILS COMPOSITION Nine (9) members of which seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama aub, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two -years. Each nominee must be confirmed by a majority of City Council Members. CREATION / AUTHORITY Section 2-75, Code of Ordinances. Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399, 8-27-85; 19830, 7-7-87; M87-0330, 9-22-87; 20115, 12-17-87; 20294, 5-3-88; 20674, 5-16-89; 022900, 4-15-97; 027945, 11-18-08. MEETS 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor, and occasional location changes to other Branch Libraries. TERM DETAILS Two-year terms. DEPARTMENT Libraries COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION Diana Broyles LIBRARY BOARD Resigned District 4 1 Julia Stafford 11/5/2016 La Retama Club Member LIBRARY BOARD Resigned District 5 2 11/5/2017 Regular Member Member Natalie Rogen LIBRARY BOARD Active District 4 3 11/5/2016 Friends of the Libraries Board Member Library Board Members June 14, 2016 Two (2) vacancies with term to 11-5-16 and 11-5-17 representing the following categories: 1- Regular Member and 1- Member nominated by the La Retama Club. (Note: The La Retama Club is nominating Alice Nixon.) Abigail Bair LIBRARY BOARD Active District 4 1 11/5/2017 Regular Member Member Brian Solarek LIBRARY BOARD Active District 4 2 11/5/2017 Regular Member Vice -Chair Rachel Buck LIBRARY BOARD Active District 4 2 11/5/2017 Regular Member Member Leanne Winkler Libby LIBRARY BOARD Active District 4 Partial 11/5/2016 Regular Member Member Juanita Hernandez LIBRARY BOARD Active District 1 1 11/5/2017 Regular Member Member Harris M. Worchel LIBRARY BOARD Active District 5 Partial 11/5/2016 Regular Member Member Boards Applying For District Employer Dr. Hatcher E. Chalkley LIBRARY BOARD District 4 Retired Candace S. Hart LIBRARY BOARD District 1 Retired Margaret Jane Epley Kratzig LIBRARY BOARD District 2 Self - Dynamic Learning Opportunities, Inc. 235 Chandler Lane Corpus Christi TX Work Address City St. Category Regular Member Regular Member Regular Member Library Board June 14, 2016 Alice Nixon LIBRARY BOARD District 5 Retired La Retama Club Nominee BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 21, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Dr. Prefix Email Address Hatcher First Name E. Chalkley Middle Last Name Initial Which Boards would you like to apply for? LIBRARY BOARD 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 reti red Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Job Title Work Phone d rhatch©patand hatch.o rg 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) See attached resume. Also: Attended more than half the Library Board meetings, as a member of the public, since 2006. Served on the Library Board subcommittee on long-range planning in 2011. Registered Voter? QQYes 0 N Current resident of the city? QQ Yes No 13 If yes, how many years? chalkley_bio for library 2016.pdf 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) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above Hatcher E. Chalkley Born in Richmond, Virginia, Hatcher Chalkley (BSEE VPI 1964, MSEE Stanford 1965, PhDEE VPI 1968), moved to Texas immediately after grad school. He worked for Texas Instruments, Inc. for 28 years, mostly in the Dallas area, as a systems engineer. He was awarded the designation Senior Member, Technical Staff there in 1981. During his career at TI, he worked in a variety of assignments on defense, FAA and commercial communications and navigation systems design and development. This work included signal processing algorithm development, performance analysis, specification writing and negotiation, and ongoing interaction with customers. Dr. Chalkley retired from TI at the end of 1996 and moved to Corpus Christi in 2002 where he lives with his wife, Dr. Patricia Hudson, a licensed psychotherapist and author. He is a Licensed Professional Engineer (retired) in Texas. He has dabbled in flying, scuba diving, photography (including underwater), sailing (including offshore passages), and computer programming. He is currently on the Audio-Visual/Website Team for a local church. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 11, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Prefix Email Address Margaret Jane First Name Epley Kratzig Middle Last Name Initial Which Boards would you like to apply for? LIBRARY BOARD 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 - Dynamic Learning Opportunities, Inc. Alternate Phone President and owner Employer Job Title 235 Chandler Lane WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City WorkAddress - State 78404 WorkAddress- Zip Code 361-882-8803 Work Phone jkratzig@hotmail.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) B.A. English - Tulane University M.A. English - TAMU-Kingsville - retired Instructor of English from TAMU- Kingsville and TAMU-CC Dynamic Learning Opportunities, Inc. - private tutoring service for middle and high school courses, college application and essay, ACT and SAT and other test preparation, and general tutoring; manage 6 - 10 tutors. website: www.dlotutor.com Registered Voter? QYes No Current resident of the city? QYes No 42 years If yes, how many years? Resume2updated20113.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 LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above EDUCATION GRADUATE 1964 JANE EPLEY KRATZIG f Texas A&M University, Corpus Christi, Texas Technical and professional writing (9 hours), 1994-95 Texas A&M University, Kingsville, Texas M.A. in English, graduation August 1994 Tulane University, TAPES Program (a work scholarship program) New Orleans, Louisiana, 1971-72 Elementary Teacher's Certificate 15 hours for Master's Degree, 1971-72 Oxford University Graduate Summer School History, Literature, and Arts of Seventeenth Century England, Oxford, England, UNDERGRADUATE B.A. in English, Sophie Newcomb College of Tulane University, New Orleans, Louisiana, 1965 Randolph -Macon Woman's College, Lynchburg, Virginia, 1961-1963 PROFESSIONAL Robert A. Cornesky Workshop, "Turning Continuous Quality Improvement into Classroom EDUCATION Practice: A Group Learning Approach" Certificate of Completion - January 1999 PowerPoint Course Certificate of Completion - August 1999 Johnson and Johnson Cooperative Learning Foundation Course Certificate of Completion - November 1997 A Seminar, "Using Daedalus Integrated Writing Environment to Teach Writing and Literature," sponsored by the University of Texas at Austin and the Daedalus Group Certificate of Completion - August 1995 Tutor Trainer, Corpus Christi Literacy Council, 1986-88 Literacy Volunteers of America (LVA) Tutor Certification LVA Tutor Trainer Certification Laubach International Tutor Certification Laubach International Tutor Trainer Provisional Certification Randolph -Macon Woman's College Admissions Representative Conference on Admissions Procedures Lynchburg, Virginia, 1986 New York Institute of Finance, Stock Brokerage Procedures, 1969 Licensed Stock Broker, certified by: National Association of Security Dealers New York Stock Exchange Texas Securities EMPLOYMENT TEACHING - TEXAS A & M UNIVERSITY - CORPUS CHRISTI COLLEGE OF ARTS AND HUMANITIES 2000-2005 Half-time Instructor of English • First -Year Learning Communities Program: Environmental Science, Sociology Tetrad; History, Political Science Tetrad; Psychology, Music Tetrad; History Triad TEACHING - TEXAS A & M UNIVERSITY - KINGSVILLE LANGUAGE AND LITERATURE DEPARTMENT 1998-2000 Instructor - Language and Literature Department • English Composition, Technical Writing, and Sophomore Literature (Poetry and Novel) 1995-1998 Visiting Instructor - Language and Literature Department • English Composition and Technical Writing • Coordinator of the Writing Across the Curriculum Center and the Computer Classroom COLLEGE I 1994 Adjunct Instructor - Fall Session - College I - Developmental English 1994 Graduate Assistant Instructor - First Session Summer School - Developmental English OTHER TEACHING 1989-92 Texas 1972-73 1971-72 Adjunct Instructor - Fall Semesters - English Department, Del Mar College, Corpus Christi, Teacher - St. Martin's Episcopal School, New Orleans, Louisiana Tulane TAPES Program Teaching Assistant • Isadore Newman School, New Orleans, Louisiana • Open Classroom System, Arabi Park Middle School, New Orleans, Louisiana 1970-71 Teacher - Sanderson Elementary School, Houston ISD, Houston, Texas 1965-66 Teacher - Kehoe Academy, New Orleans, Louisiana 1962-63 Student Assistant - Randolph -Macon Woman's College Nursery School, Lynchburg, Virginia OTHER EMPLOYMENT 1989 -Present President/Owner - Dynamic Learning Opportunities, Inc. (incorporated January 1, 1996) tutoring, public relations, communications, writing, and editing • private tutoring service for middle and high school courses; college application and essay; ACT, SAT, and other test preparation; general tutoring for all ages • coordinate approximately fifteen tutors for one-on-one tutoring services • visit with counselors of South Texas high schools to discuss students' preparation for college 2000 -Present SAT Preparatory Course • prepared syllabus for teaching a 37 -hour SAT Preparatory Course and trained tutors • arrange for tutors to teach SAT Courses and students to take SAT Courses at Moody High School, Incarnate Word Academy, and other sites in Corpus Christi and Kingsville 1988-95 Public Relations, Freelance Writer, Corpus Christi, Texas • produced newsletters and brochures, edited manuscripts SPECIAL AWARDS 2001 TAMU-CC Recognition for Contributing to the Texas Higher Education 2001 Star Award Winner First -Year Learning Communities Program 1996 Y Women in Careers Nominee for Entrepreneur of the Year, YWCA, Corpus Christi, Texas 1987 Management Assistance Program, Commendation from the City of Corpus Christi 1986 Outstanding Contributions to the Corpus Christi Area Reading Council, State Award and Commendation from the International Reading Association 1986 Chairman - Corpus Christi Literacy Commission, Appointment by the City Council 1984 Corpus Christi '90 Education Task Force, Appointment by the City Council PROFESSIONAL PRESENTATIONS 2002 "Preparing for College Entrance," for King High School Academic Booster Club meeting 2002 "Preparing Your Children for Academic Success and Entrance to Colleges of Their Choices," for Alpha Child Club meeting 2001 "Testing (ACT/SAT/PSAT/SAT II) for Entrance to College: The Differences in the Tests and the Various Ways They Are Used by Colleges and Universities during the Application Process," for Ray High School Academic Booster Club and P.T.A. meeting 2000 "College Entrance Requirements: PSAT/SAT/ACT Exams and Applications," for Carroll High School Academic Booster Club meeting 1998 "Preparing for College Entrance," for Ray High School Academic Booster Club meeting 1998 "Cooperative Learning in a Technical Writing Course," a PowerPoint presentation, presented jointly with Dr. Donna Halford at Texas A&M University - Corpus Christi Conference, "Anticipating Change: Innovations in Teaching, Learning and Assessment" 1997 "The Implementation of Writing Center/Writing Across the Curriculum Programs on Texas College & University Campuses," a collaborative session, presented jointly with Dr. Cathy Downs and Dr. Donna Halford at the College Teachers of English Conference and the Conference of Texas Association of Writing Centers in South Padre Island, Texas. We facilitated the Writing Center representatives and wrote a paper based on information from them, entitled "Writing Centers in Texas: Frustrated, Fragmented, but Fervent" 1996 "The Computer Classroom and Cooperative Learning: Interactive Conversations and New Connections and Challenges," presented jointly with Dr. Donna Halford in Kingsville, Texas, for Texas Council of Teachers of English Conference 1995 "American Female Series Detectives: A Study of Three Representative Types," Conference of College Teachers of English, Sixtieth Annual Meeting, Waco, Texas 1986 "The Corpus Christi Literacy Commission - Its History and Its Future," International Reading Association Conference, Corpus Christi, Texas 1986 "So You Want To Do Something About Illiteracy - One Community's Experience," presented jointly with Susan Hopkins at the Adult and Community Education Conference in Austin, Texas, sponsored by the Texas Education Association PUBLICATIONS 2002 American Female Series Detectives, my Masters Degree thesis, is being expanded for publication by McFarland Press 1995 Book Review Essay of By A Woman's Hand: A Guide to Mystery Fiction by Women, published in Volume 18, Issue 1 of Clues: A Journal of Detection (Spring/Summer 1997) PROFESSIONAL ACCOMPLISHMENTS TEXAS A&M UNIVERSITY - CORPUS CHRISTI CONTINUING PROFESSIONAL EDUCATION 2002 participant — Brenda Miln's teaching circle 2002 "Employee Development Day" 2002 "Summer Teaching Institute" 2002 Panelist, "Best Practices in First -Year Learning Community Programs" 2002 "1302 Workshop" 2002 Center for Teaching Excellence Course for Web Design 2002 January "Teaching Institute" 2002 participant - Geoff Lumb's teaching circle 2002 "Mid -Winter Teaching Institute" 2001 participant - reading circle for Gaining Ground in College Writing by Richard H. Haswell 2001 participant - Susan Wolff -Murphy's teaching circle 2001 "WEBCT Seminar" 2001 "Summer Teaching Institute" 2001 "Two Cross -Disciplinary Workshops: Furthering Communication Skills of Upper Division Students" 2001 "The First Ever Winter Teaching Institute" 2001 Arts and Humanities "Library Breakout Session" 2001 "Winter Web Workshop" presented by The Center for Teaching Excellence 2000 "English 1302 Workshop" 2000 "Summer Teaching Institute 2000: Regeneration at the Core" COMMITTEE AND ADMINISTRATIVE ASSIGNMENTS 2000-2005 First -Year Learning Communities Program -Tetrad and Triad meetings and FYLCP meetings 2000-2002 Women's Center History Month Committee 2001-2005 "Telling Our Grandmother's Stories," participated by acting as hostess and showing quilt and cookbook ATTENDANCE AT AND SUPPORT OF GENERAL UNIVERSITY FUNCTIONS 2001-2002 Member of TAMU-CC Scrabble Team, competitor in the CC Literacy Council Tournament, Second Place Winner in 2002 2001-2002 Education Scholarship Judge for the Ford Salute to Education Scholarship Program 2001 Textbook Review of Academic Communities/Disciplinary Conventions for Prentice Hall Publishing Company 2001 Haas Writing Awards Competition: First Place English 1301 Award won by my student Lance Smith for his essay "Street People" TEXAS A&M UNIVERSITY - KINGSVILLE EXTRACURRICULAR INVOLVEMENT 2000 Writers' Group - informal group of creative writers at TAMUK 1999 English Club - Charter Member • Planned January English Club Meeting; arranged for speaker, Ann Major (Margaret Cleaves), a best-selling author of Romance Novels • Assisted with food and arrangements for all meetings 1997-1999 Faculty Senate Committee Appointee for University Development Day Committee • Arranged for speakers for university faculty/staff development days and introduced speakers 1997-1999 Participation in Hoggie Days; Panelist in Roundtable Discussion for Parents, "How to Let Go of Your College Age Children" 1996-1997 University Writing Across the Curriculum Task Force Member 1995-2000 Language and Literature Committee Appointments • Freshman/Sophomore Committee • Computer Classroom and Technical Committee 1995-1999 Deming Group - informal university wide group for quality improvement of TAMUK MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS College Teacher's of English (CCTE) Popular Culture Association Corpus Christi Business and Professional Women's Club Texas Council of Teachers of English (TCTE) FINANCE, MANAGEMENT, PROJECT DEVELOPMENT, FUND RAISING 1990-1991 Manager and Fundraiser for OLYMPIC SAILING CAMPAIGN for Elizabeth Kratzig 1986-1988 First Chairman of CORPUS CHRISTI LITERACY COUNCIL • wrote $143,000 grant for a Computer Reading Center • researched, developed, and implemented program involving the following aspects: board, goals, by-laws, incorporation, budget, fundraising, staff, JTPA grant administration, community awareness presentations, one-on-one adult reading program 1984-1986 Corpus Christi '90 Education Task Force • Chairman of Subcommittee on Higher Education • Chairman of Subcommittee on Literacy 1985-1987 Steering Committee for MANAGEMENT ASSISTANCE PROGRAM • designed and developed the Management Assistance Program (MAP), an outgrowth of the Funding Information Library (FIL) of CCSU and community volunteer seminars, now a part of the Volunteer Center 1983-1986 Initiator of Annual Comprehensive Seminars (first of four) • seminars for area volunteers and non-profit agencies, given jointly by the Volunteer Center, Jr. League, DOVIA (Directors of Volunteers in Agencies), and FIL • Co -Chairman "Board Dynamics for Volunteers: Management by Objective" • Co -Chairman "Volunteering - A Respectable Business, Creative Financial Planning for the 80's" • Co -Chairman "Creative Leadership in Voluntary Organizations, Techniques for Problem Solving" • Chairman, Moderator, and Speaker "Fundraising and a Whole Lot More" 1983-1986 Trainer for Volunteer Center Board 1976-1977 Vice -President of Auxiliary to the CREATIVE ARTS CENTER PUBLIC RELATIONS, COMMUNICATIONS, MARKETING 1985-1995 Admissions Representative for South Texas, RANDOLPH-MACON WOMAN'S COLLEGE 1985 Vice -President of VOLUNTEER CENTER BOARD • researched and edited A Guide to Successful Seminar Planning, published in Spring 1984, by the Jr. League of Corpus Christi, Texas 1985 Co -Chairman of Public Relations, BAYFEST • arranged for new jingle (written, recorded locally) • produced, co-authored script of Bayfest Movie shown on Public Access T.V. 1984 Co -Chairman of Waterfront Area, BAYFEST BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 09, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Candace S Prefix First Name Middle Initial Email Address Hart Last Name Which Boards would you like to apply for? LIBRARY BOARD Street Address Suite orApt 1011111111 City State Postal Code District 1 What district do you live in? 1111111111111.111111111 111•111.1•11111 Primary Phone Alternate Phone Retired Librarian Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone cshart77@aol.com Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Graduate of Pratt Institute, Queens College. Post -Graduate at University of Texas at Dallas. Professional affiliations (past and present) include, but are not limited to: Texas LibraryAssociation, Texas Retired Teachers Association, Corpus Christi Area RTA, San Antonio Area RTA (Executive Board Officer), American LibraryAssociation, Connecticut Educational Media Association, Association of Texas Professional Educators. Registered Voter? QYes No Current resident of the city? Q Yes Q No .5 If yes, how many years? Resume -Library Board.docx Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® None of the Above CANDACE S. HART 1.11 OBJECTIVE To obtain a position on the Corpus Christi Library Board, in which a strong dedication to the total development of Corpus Christi library patrons, staff, and facilities, along with a high degree of enthusiasm, can be fully utilized. PHILOSOPHY Committed to the process of community service and librarianship that allows me to encourage and facilitate a program capable of guiding patrons to achieve their own goals and objectives. PROFESSIONAL LIBRARY EXPERIENCE SAN ANTONIO INDEPENDENT SCHOOL DISTRICT Librarian, Sam Houston High School, grades 9-12, 2001-2010 REGIONAL SCHOOL DISTRICT No. 10. Burlington/Harwinton, Connecticut Library Media Specialist, grades 6-12, 1995-2000 AVON FREE PUBLIC LIBRARY. Avon, Connecticut Public Services Department, 1995 SNO-ISLE REGIONAL LIBRARY SYSTEM. Marysville, Washington Public Services Department, 1993-1994 PLANO PUBLIC LIBRARY. Plano, Texas Public Services Department, 1990-1992 UNIVERSITY OF TEXAS AT DALLAS. Richardson, Texas Cataloging Department, 1988-1990 SIMSBURY PUBLIC SCHOOLS. Simsbury, Connecticut Library Media Specialist, grades K-6, 1983-1985 SHILOH ELEMENTARY SCHOOL. Monroe, North Carolina Library Media Specialist, grades K-5, 1982-1983 EDUCATION Pratt Institute, Brooklyn, New York Bachelor of Science, Food Science and Management, 1970 Queens College, Charlotte, North Carolina Teaching Certificate, Media Education, 1982 University of Texas at Dallas, Richardson, Texas Master of Arts, Humanities program PROFESSIONAL AFFILIATIONS (past and present) American Library Association Texas Library Association Connecticut Educational Media Association Texas Retired Teachers Association Corpus Christi Area Retired Teachers Association San Antonio Area Retired Teachers Association Association of Texas Professional Educators PROFESSIONAL CERTIFICATIONS Texas - Learning Resources Specialist; English Connecticut - Library Media Specialist Washington - Learning Resources; English North Carolina - Associate Media Coordinator BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 05, 2016 COMMISSION OR COMMITTEE FOR THE Status: submitted Profile Alice Nixon Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? LIBRARY BOARD 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 Alternate Phone Retired Librarian Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress- Zip Code Work Phone N/A 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) MLS from The University of Texas, Austin Board member and secretary,of Connecting Texas Libraries Statewide, Inc. (CTLS) Member, Texas LibraryAssociation 1st Vice President, Clara Driscoll Chapter, Daughters of the Republic of Texas Member, La Retama Club Board member and docent, Corpus Christi Area Heritage Society Worked as a professional librarian for the cities of Houston (5 years), Bryan/College Station (7 years), and Corpus Christi (19 years) Registered Voter? QYes No Current resident of the city? Q Yes No 7 years If yes, how many years? Alice Nixon resume.pdf Upload a Resume Plea upload any additional supporting documents Demographics Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement Z IAgree Consent for Release of Information Z !Agree ® !Agree Board -specific questions (if applicable) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® La Retama Club Nominee ALICE NIXON Experience Coordinator South Texas Library System, Corpus Christi, TX, 6/2006-12/2011 Administered South Texas Library System (STLS), overseeing seven staff members and three grants. Provided consultation on site and by telephone and continuing education for the 55 STLS member libraries in the 26 southern most counties of Texas. Public Services Manager South Texas Library System, Corpus Christi, TX, 11/1999-6/2006 Supervised second tier reference service and interlibrary loan for libraries in STLS. Worked as the reference consultant for STLS. Developed and presented workshops on all aspects of library service, including how to use electronic and traditional reference sources. Reference Librarian and Department Manager Corpus Christi Public Library, Corpus Christi, TX, 12/1992-11/1999 Worked with patrons to find information in print, microform, and Internet sources. Supervised public service staff at Central Library. Reference Librarian, Associate City Librarian Bryan + College Station Public Library, Bryan, TX, 6/1985-12/1992 Provided reference information and help to patrons in person and by telephone. Supervised public service staff and served as adult collection manager. Reference Librarian Houston Public Library, Houston, TX, 2/1980-6/1985 Provided reference information for patrons in person and by telephone, especially through the Telephone Reference Department at the Central Library. Education Master of Library Science The University of Texas at Austin, Austin, Texas Bachelor of Arts, Classics Emory University, Atlanta, Georgia Professional Associations Texas Library Association CTLS, Inc., Board member TexShare Electronic Information Working Group (1999-2005) Community Service Collection Development Volunteer, Corpus Christi Public Library Board member, Corpus Christi Area Heritage Society Daughters of the Republic of Texas, Clara Driscoll Chapter La Retama Club, Corpus Christi Bayside Area Historical Society AGENDA MEMORANDUM Future Item for the City Council Meeting of May 31, 2016 Action Item for the City Council Meeting June 14, 2016 DATE: TO: FROM: May 31, 2016 Margie C. Rose, Acting City Manager Annette Rodriguez, Director of Health annetter@cctexas.com (361) 826-7205 Isidoro Prado, Public Health Administrator IsidoroP@cctexas.com (361) 826-7321 Maria Pedraza, Procurement Manager, Finance MariaPe@cctexas.com 361-826-3176 First Amendments to Mind Exercise Nutrition Do it (MEND) Childhood Obesity Program Service Agreements Delivery Partners: Advanced Cheer Athletics, LLC; Apex Personal Training and Nutrition; Benavides Fitness, LLC; and Twisted Cheer Company CAPTION: Motion authorizing the Director of the Public Health District or designee to execute contract amendments with Advanced Cheer Athletics LLC; Apex Personal Training and Nutrition; Benavides Fitness, LLC; and Twisted Cheer Company to provide additional services and funding pursuant to existing MEND Childhood Obesity Program service agreements for a total expenditure not to exceed $770,000. Funds have been budgeted by Corpus Christi-Nueces County Public Health District (CCNCPHD) in the 1115 Transformation Waiver Fund. Advanced Cheer Athletics, LLC 6801 Weber Road. Corpus Christi, Texas $250,000 Benavides Fitness LLC 1504 Redbird Drive Rockport, Texas $170,000 Apex Personal Training and Nutrition, LLC 4117 South Staples Suite 260 Corpus Christi, Texas $ 150,000 Twisted Cheer Company 3010 Old Kingsville Road Alice, Texas $200,000 PURPOSE: The purpose of this agenda Item is to obtain authority to execute Amendment No.1 to Advanced Cheer Athletics, LLC; Apex Personal Training and Nutrition; Benavides Fitness, LLC and Twisted Cheer Company, for the MEND Childhood Obesity Program for the Corpus Christi Nueces County Public Health District (CCNCPHD). BACKGROUND AND FINDINGS: Delivery Partners will exceed original contract amount of $49,000 due to increased number of MEND program participants. Additional contract funds will enable CCNCPHD to reach more children in our surrounding community that will benefit from the MEND Childhood Obesity Program. 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: Health Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget $1,390,085.00 $0.00 $1,390,085.00 Encumbered / Expended Amount $553,391.00 $0.00 $553,391.00 This item $770,000.00 $0.00 $770,000.00 BALANCE $66,694.00 $0.00 $66,694.00 Fund(s): Corpus Christi Nueces County Health District's (CCNCPHD) 1115 Transformation Waiver Fund Comments: None. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No.1: Advanced Cheer Athletics, LLC Amendment No.1: Apex Personal Training and Nutrition, LLC Amendment No.1: Benavides Fitness LLC Amendment No.1: Twisted Cheer Company STATE OF TEXAS COUNTY OF NUECES FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ADVANCED CHEER & ATHLETICS, LLC § § § WHEREAS, the City of Corpus Christi ("City") and Advanced Cheer and Athletic, LLC ("Contractor") entered into an existing agreement ("Agreement'), approved on March 15, 2016; WHEREAS, the parties mutually desire to increase the total contract value through execution of an amendment to the existing service contract with this ("First Amendment") in order to provide additional program services for the "Mind — Exercise — Nutrition — Do it!" ("MEND") Childhood Obesity Program. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment takes effect following the final approval by the City Council and execution by the City Manager, or designee on the day of 2016. 3. Effect of First Amendment. This First Amendment supplements and expands the provisions of the Agreement and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. For purposes of this First Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Agreement as necessary and desired to effectuate the purposes and plans of the parties. 4. Amendment. This First Amendment to Service Contract MEND Childhood Obesity Program Contract No. 698 with Advanced Cheer & Athletics, LLC shall be revised to increase the maximum not to exceed total contract value of the existing service contract from $49,000 to $250,000 as shown in Exhibit "A" Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program. 5. Entire Agreement. This First Amendment (and the attachments and exhibits attached to this document and incorporated by reference, if applicable) set forth the entire agreement of the parties with respect to undertaking additional duties and responsibilities as described in this document. Excluding the executed Agreement and First Amendment, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this First Amendment. EXECUTED in duplicate by the parties, to take effect upon the date indicated in Section 2 of this First Amendment. Page 1 of 3 CITY OF CORPUS CHRISTI Annette Rodriguez, Director of Public Health Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney CONTRACTOR: Signature / Name: /#-•.� �5 - q ///y 7 Q ✓< Title: Q 14)4 e- - 4 c4 Date: (36.-- /6 ATTACHED AND INCORPORATED EXHIBIT: Exhibit A - Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program Page 2 of 3 CITY OF CORPUS CHRISTI HEALTH DEPARTMENT N. FEE SCHEDULE SPECIFICATION NO. 10280 SECOND REVISED DATE: 05/5/2016 The total contract value to be paid under this agreement shall not exceed $250,000. Page 3 of 3 DESCRIPTION UNIT UNIT COST MINIMUM NUMBER OF PARTICIPANTS Delivery of MEND ages 2- 5: 10 -week course (10 weeks x one 1.5 -hour sessions per week). EACH FULL CLASS $3,000 12 minimum Delivery of MEND ages 7- 13: 10 -week course (10 weeks x two 2 -hour sessions per week). EACH FULL CLASS W/10 $2,500 10 minimum ONLY FOR MEND 7-13 Each additional child, numbers 11 to 20 EACH $250 Must complete 10 - week course Each additional child, numbers 21-30 EACH $200 Must complete 10 - week course Class Size: Greater than or equal to 30 children per class Maximum $7,000 The total contract value to be paid under this agreement shall not exceed $250,000. Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-60803 Date Filed: 05/24/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Advanced Cheer & Athletics, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Health and Human Services Commission, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 698 Mend Childhood obesity program 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO interested Party. ❑ X 6 Ailarigibmieiramilboilimaraludliwilmeime FFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 0 4 µ 4 7-C/ 'toe DINA L CHAVEZ My Commission Expires January 21, 2018 M M _ Signature of auth agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE M �(- `� Swam to and subscribed before me, by the said O'hfI$LI4*, M. Vet. Z et. , this the �'7 �+ day of �l 2011, to certify which, witness my hand and seal of office. DINA I. CHAVEZ Explfas ` ,���� Co bion J 7018 arm r 1'f offic'r : dmini , ing oath Printed name of officer administering oath `"` jam"'} - .. - I ,a orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND APEX PERSONAL TRAINING AND NUTRITION, LLC STATE OF TEXAS COUNTY OF NUECES § § § WHEREAS, the City of Corpus Christi ("City") and Apex Personal Training and Nutrition, LLC ("Contractor") entered into an existing agreement ("Agreement'), approved on March 31, 2016; WHEREAS, the parties mutually desire to increase the total contract value through execution of an amendment to the existing service contract with this ("First Amendment") in order to provide additional program services for the "Mind — Exercise — Nutrition — Do it!" ("MEND") Childhood Obesity Program. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment takes effect following the final approval by the City Council and execution by the City Manager, or designee on the day of 2016. 3. Effect of First Amendment. This First Amendment supplements and expands the provisions of the Agreement and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. For purposes of this First Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Agreement as necessary and desired to effectuate the purposes and plans of the parties. 4. Amendment. This First Amendment to Service Contract MEND Childhood Obesity Program Contract No. 713, Apex Personal Training and Nutrition, LLC shall be revised to increase the maximum not to exceed total contract value of the existing service contract from $49,000 to $ 150,000 as shown in Exhibit "A" Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program. 5. Entire Agreement. This First Amendment (and the attachments and exhibits attached to this document and incorporated by reference, if applicable) set forth the entire agreement of the parties with respect to undertaking additional duties and responsibilities as described in this document. Excluding the executed Agreement and First Amendment, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this First Amendment. EXECUTED in duplicate by the parties, to take effect upon the date indicated in Section 2 of this First Amendment. Page 1 of 3 CITY OF CORPUS CHRISTI Annette Rodriguez, Director of Public Health Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney CONTRACTOR: /64.elt-r2 ignature Name: ((-7-(-767c:,_' Title: /e/'%lM,,,�Ar Date: 0,5/704. ATTACHED AND INCORPORATED EXHIBIT: Exhibit A — Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program Page 2 of 3 CITY OF CORPUS CHRISTI HEALTH DEPARTMENT N. FEE SCHEDULE SPECIFICATION NO. 10280 SECOND REVISED DATE: 05/5/2016 The total contract value to be paid under this agreement shall not exceed $150,000. Page 3 of 3 DESCRIPTION UNIT UNIT COST MINIMUM NUMBER OF PARTICIPANTS Delivery of MEND ages 2- 5: 10 -week course (10 weeks x one 1.5 -hour sessions per week). EACH FULL CLASS $3,000 12 minimum Delivery of MEND ages 7- 13: 10 -week course (10 weeks x two 2 -hour sessions per week). EACH FULL CLASS W/10 $2,500 10 minimum ONLY FOR MEND 7-13 Each additional child, numbers 11 to 20 EACH $250 Must complete 10 - week course Each additional child, numbers 21-30 EACH $200 Must complete 10 - week course Class Size: Greater than or equal to 30 children per class Maximum $7,000 The total contract value to be paid under this agreement shall not exceed $150,000. Page 3 of 3 orms provided by Texas Ethics Commission www.ethtcs.state tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested para s Cornplete Nos, 1 2, 3, 5 and G if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-60433 Date Filed: 05/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Apex Personal Training & Nutrition, LLC Corpus Christi. TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Apex Personal Training & Nutrition LLC 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 47-3803990 Mend Program 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary JOANNLANEHART (�, Notary Publb �! y 3TATN orTt A5 f Ny Comm. Exp. 0512012020 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX Sworn 204142_, I�V�YV� I swear, of affirm imdei 1 enalty of perjury, that the above disclosure is true and correct g/7 -..g -P/2\ -f-C'L� c5. '' JOANN LANENART tf Wow" Plibllet ! STATE OF NEW 2 Q "�':• EV COMM. El*.OW+1H llU Signature of authorized agent of contracting business entity 3 pS , this the ��i ay of . NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said to certify which, witness my hand arid seal or offic . s 4 i 674 Signature of officer administering oath - Printed name of officer adnnn ;tering oath Title of ofti er administering oath orms provided by Texas Ethics Commission www.ethtcs.state tx.us Version V1.0.1021 STATE OF TEXAS COUNTY OF NUECES FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BENAVIDES FITNESS, LLC § § § WHEREAS, the City of Corpus Christi ("City") and Benavides Fitness, LLC ("Contractor") entered into an existing agreement ("Agreement'), approved on March 31, 2016; WHEREAS, the parties mutually desire to increase the total contract value through execution of an amendment to the existing service contract with this ("First Amendment") in order to provide additional program services for the "Mind — Exercise — Nutrition — Do it!" ("MEND") Childhood Obesity Program. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment takes effect following the final approval by the City Council and execution by the City Manager, or designee on the day of 2016. 3. Effect of First Amendment. This First Amendment supplements and expands the provisions of the Agreement and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. For purposes of this First Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Agreement as necessary and desired to effectuate the purposes and plans of the parties. 4. Amendment. This First Amendment to Service Contract MEND Childhood Obesity Program Contract No. 714 Benavides Fitness, LLC shall be revised to increase the maximum not to exceed total contract value of the existing service contract from $49,000 to $170,000 as shown in Exhibit "A" Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program. 5. Entire Agreement. This First Amendment (and the attachments and exhibits attached to this document and incorporated by reference, if applicable) set forth the entire agreement of the parties with respect to undertaking additional duties and responsibilities as described in this document. Excluding the executed Agreement and First Amendment, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this First Amendment. EXECUTED in duplicate by the parties, to take effect upon the date indicated in Section 2 of this First Amendment. Page 1 of 3 CITY OF CORPUS CHRISTI Annette Rodriguez, Director of Public Health Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney CONTRACTOR: Name:'Atli )7, Title: eclie,- aP 1 4 v dI f �`f /1�fI LLC Date: S m l /6 ATTACHED AND INCORPORATED EXHIBIT: Exhibit A — Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program Page 2 of 3 CITY OF CORPUS CHRISTI HEALTH DEPARTMENT N. FEE SCHEDULE SPECIFICATION NO. 10280 SECOND REVISED DATE: 05/5/2016 The total contract value to be paid under this agreement shall not exceed $170,000. Page 3 of 3 DESCRIPTION UNIT UNIT COST MINIMUM NUMBER OF PARTICIPANTS Delivery of MEND ages 2- 5: 10 -week course (10 weeks x one 1.5 -hour sessions per week). EACH FULL CLASS $3,000 12 minimum Delivery of MEND ages 7- 13: 10 -week course (10 weeks x two 2 -hour sessions per week). EACH FULL CLASS W/10 $2,500 10 minimum ONLY FOR MEND 7-13 Each additional child, numbers 11 to 20 EACH $250 Must complete 10 - week course Each additional child, numbers 21-30 EACH $200 Must complete 10 - week course Class Size: Greater than or equal to 30 children per class Maximum $7,000 The total contract value to be paid under this agreement shall not exceed $170,000. Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-59938 Date Filed: 05/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Benavides Fitness LLC Rockport, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 714 MEND Program 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT < < < <kor,sy I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. _ eor°� Flf.B;,< ERIC ANTHONY SAENZ j�'i.4. , % Notary Public ; PA ./ STATE OF TEXAS • My Comm Exp. 08-25-2016 > C oma Signature of authorized agent of contracting business entity re,Q am,,,,,,er , this the eSe? day of /41 , P"-Ne- AFFIX Sworn 20 IL. -sr-v.—v.- -- -v-- -- NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said to certify which, witness my hand and seal of office. SCh M .4NL•N 0,94/4/46.10 Sign ure of o er administering oath Printed name of officer administering oath Title of officer administering oath FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TWISTED CHEER COMPANY STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi ("City") and Twisted Cheer Company ("Contractor") entered into an existing agreement ("Agreement'), approved on May 12, 2016; WHEREAS, the parties mutually desire to increase the total contract value through execution of an amendment to the existing service contract with this ("First Amendment") in order to provide additional program services for the "Mind — Exercise — Nutrition — Do it!" ("MEND") Childhood Obesity Program. 1. Incorporation of Preamble. The preamble provisions set out above in this First Amend- ment are incorporated by reference into the body of this document and constitute additional provisions under the Agreement. 2. Effective Date. This First Amendment takes effect following the final approval by the City Council and execution by the City Manager, or designee on the day of 2016. 3. Effect of First Amendment. This First Amendment supplements and expands the provisions of the Agreement and the duties and responsibilities undertaken by the parties. The parties acknowledge and agree that all terms, conditions, and covenants of the Agreement not changed by execution of this First Amendment continue in full force and effect. For purposes of this First Amendment, the parties agree that the specific language included in this document modifies the terms and conditions of the Agreement as necessary and desired to effectuate the purposes and plans of the parties. 4. Amendment. This First Amendment to Service Contract MEND Childhood Obesity Program Contract No. 735, Twisted Cheer Company shall be revised to increase the maximum not to exceed total contract value of the existing service contract from $49,000 to $200,000 as shown in Exhibit "A" Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program. 5. Entire Agreement. This First Amendment (and the attachments and exhibits attached to this document and incorporated by reference, if applicable) set forth the entire agreement of the parties with respect to undertaking additional duties and responsibilities as described in this document. Excluding the executed Agreement and First Amendment, no other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the parties regarding this First Amendment. EXECUTED in duplicate by the parties, to take effect upon the date indicated in Section 2 of this First Amendment. Page 1 of 3 CITY OF CORPUS CHRISTI Annette Rodriguez, Director of Public Health Date: Approved as to legal form: , 2016 Elizabeth Hundley Assistant City Attorney for the City Attorney CONTRACTOR: AIIIS Alia Signa(re 3--,7- Name:VSSG1 Linn 5onchrz 1� Title: ( V\R-3( Date: 5 • 1 q - I lP ATTACHED AND INCORPORATED EXHIBIT: Exhibit A — Specification No. 10280 (last page) Section N. Fee Schedule of Exhibit A Scope of Work Mend Childhood Obesity Program Page 2 of 3 CITY OF CORPUS CHRISTI HEALTH DEPARTMENT N. FEE SCHEDULE SPECIFICATION NO. 10280 SECOND REVISED DATE: 05/5/2016 The total contract value to be paid under this agreement shall not exceed $200,000. Page 3 of 3 DESCRIPTION UNIT UNIT COST MINIMUM NUMBER OF PARTICIPANTS Delivery of MEND ages 2- 5: 10 -week course (10 weeks x one 1.5 -hour sessions per week). EACH FULL CLASS $3,000 12 minimum Delivery of MEND ages 7- 13: 10 -week course (10 weeks x two 2 -hour sessions per week). EACH FULL CLASS W/10 $2,500 10 minimum ONLY FOR MEND 7-13 Each additional child, numbers 11 to 20 EACH $250 Must complete 10 - week course Each additional child, numbers 21-30 EACH $200 Must complete 10 - week course Class Size: Greater than or equal to 30 children per class Maximum $7,000 The total contract value to be paid under this agreement shall not exceed $200,000. Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-60019 Date Filed: 05/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Twisted Cheer Company Alice, 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. Corpus Christi Health Department 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 735 Mend Childhood Obesity Program 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. ell 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. S. re of authorized agent of contra . ess entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 4 s5 ( Stmch GZ , this the 23 (al day of 20 it( t ., a c ice. .N 17,1': `�4p• KYPpeG is° 1 ':<"&_ "7;,, ELENA MALDONADO Notary Public, State of Texas m Ex.ires O6iO3 2017 '85 ki4R) ��% f %� % 6(J � + `i � / hll`Al ignatu e o officer adminis eying oath Printecrname of officer administering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 31, 2016 Action Item for the City Council Meeting of June 14, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 26, 2016 THRU: Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 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 B (Restroom and Office Building) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas in the amount of $598,874 for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) project for replacement of the existing building. (Bond 2012 Proposition 4 — Aquatic Facilities) PURPOSE: The purpose of this Agenda Item is to execute a Construction Contract with Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas for the Collier Pool Renovations Rebid — Part B (Restroom and Office Building) project only. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — Aquatic Facilities for Repairs, Upgrades, and Improvements. 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 is for the award of Part B for the construction of a new masonry building for restrooms, showers, offices and shade. The project also includes an ADA ramp from the existing parking lot to the pool entrance. The original project was developed with two parts bid as a single project as follows: • Part A for the Pool and Pump House • Part B for the outlying buildings including shade structure, restrooms and office facility as well as a new ADA Ramp from the existing parking lot to the pool entrance. The bids for the original project were rejected as the bid prices for the single bid package with both Parts A & B exceeded the available funds. Based on the feedback from the contractors, the package was redeveloped into two separate bid packages. The revised bid packages resulted in a $380,000 cost reduction for the project. Part A for the Pool and Pump House was awarded by City Council on April 12, 2016. On April 6, 2016 the City received proposals from four (4) bidders for the Part B rebid. One bid was deemed non-responsive due to an invalid bid -bond submittal. The three (3) responsive and responsible bids are as follows: Contractor Total Bid, Part B Barcom Construction, Inc. Corpus Christi, Texas $632,673.00 Cruz Maintenance & Construction, Inc. Corpus Christi, Texas $598,874.00 SpewGlass Contractors, Inc. Harlingen, Texas $816,182.00 The apparent low Bidder was Cruz Maintenance & Construction, Inc. Therefore, it is recommended to award Part B to Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas, who was determined as the lowest responsible bidder. ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Cruz Maintenance & Construction, Inc. as proposed. (Recommended). 2. Do not execute the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Cruz Maintenance & Construction, Inc. 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 Budget and Expenditures 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 $598,874.00 $598,874.00 Future Anticipated Expenditures This Project 2,180.605.60 2,180.605.60 BALANCE $3,122,702.00 -$2,779,479.60 $343,222.40 Fund(s): Park CIP Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $598,874 and the project is estimated to be complete in 9 months from the issuance of the Notice to Proceed. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid, Part B (Restroom and Office Building) with Cruz Maintenance & Construction, Inc. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, Acting City Manager Thru: E. Jay Ellington, Interim Assistant City Manager 4 From: Stacie Talbert Anaya, Interim Director, Parks and R Date: June 6, 2016 Subject: CCARS — Collier Pool Part B — Cost per square foot creation Issue/Problem: At the May 31, 2016 City Council meeting, Councilwoman Vaughn inquired about the cost per square foot of the Collier Pool Part B project. Additionally, Councilman Magill inquired about the commencement of design for the West Guth Pool Improvements. Background & Findinos: The construction contract for Collier Pool Part A including the construction of the pool and pump house was awarded on April 12. Construction on this portion is set to begin this month. The agenda item before the City Council is a motion authorizing the City Manager to execute a construction contract with Cruz Maintenance & Construction for $598,874 for the construction of the restrooms, showers, covered deck, entry desk, lifeguard equipment room/office and the connectivity to the parking lot. Conclusion: The total square footage of the building (Package B) is 2371; the cost per square foot is therefore $253. This calculation does not take into consideration that the $598,874 includes site improvements to the parking lot, new concrete stairs, and new ADA access to the building. The concrete work associated with the ADA improvements includes a 260 square foot concrete ramp, 2,360 square feet of new concrete sidewalks, and 34 linear feet of new concrete retaining walls. It is anticipated that the design phase activities for the West Guth Pool and Park improvements will commence within 2 to 3 weeks. PROJECT BUDGET Aquatic Facility Upgrades and Improvements Collier Pool - Parts A & B BOND 2012 FUNDS AVAILABLE: Parks and Recreation Bond 2012 CIP $3,500,000.00 ADA Improvements Bond 2008 $20,000.00 TOTAL $3,520,000.00 FUNDS REQUIRED: Construction: Construction - Part B (Cruz Maintenance & Construction) THIS ITEM $ 598,874.00 Construction Contingency (7.5%) 44,915.55 Construction - Part A (Atlantis Aquatics Group) 1,782,412.00 Construction Contingency (10%) 178,241.20 Construction Inspection & Testing: Construction Inspection - Part B (Estimate) 35,000.00 Construction Phase - Part B Materials Testing Services (Rock Engineering) 7,359.00 Construction Inspection - Part A (Estimate) 70,000.00 Construction Phase - Part A 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) 17,500.00 Engineering Services (Project Mgt/Constr Mgt) Misc. (Printing, Advertising, etc.) 1,500.00 Other: Staff Augmentation 42,848.00 TOTAL $3,125,476.75 ESTIMATED PROJECT BUDGET BALANCE $394,523.25 * Includes design of both Collier and West Guth Pools **Both Collier and West Guth Pools *** Remaining balance is reserved for improvements to the West Guth pool facility. Aquatic Facility Upgrades and Improvements Collier Pool CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CORPUS CHRISTI PARKS& RECREATION Corpus Chr sti Capital Programs Collier Pool Improvements (Package B) Aquatics Facility Upgrades and Improvements Bond Issue 2012 Proposition 4 Council Presentation May 31, 2016 Vicinity Map Corpus Chr sti Engineering Services Project Location Location Map Corpus Chr sti Engineering Services Project Scope h F..a Corpus Christi Engineering Services CORPUS CHRISTI PARKS& RECREATION COLLIER POOL FLOOR PLAN THIS PROJECT 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) PREVIOUSLY AWARDED • Package B (Bathhouse and Other Improvements) THIS ITEM Project Scope Corpus Chr sti Engineering Services Construction of the Restroom and Office Building with the following features: • New 500 S.F. restroom facility with shower • New 400 S.F. office for Park and Recreation personnel • New 1,600 S.F. shade structure • New Entrance Gate 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 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: 2016-57597 Date Filed: 05/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cruz Maintenance & Construction, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14008 Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cruz, Christopher Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r REBECCA BENAVIDEZft Notary Public, State of Taxes 's 1 .f. My Commission Expires t�` 03, 2017 , % Jt1 ignature of aut AFFIX Sworn �� cod i7, / NOTARY STAM ` r' SEAL ABOVE to and subscribed before me, by the said CA 1r prized agent of contra Un usiness entity r ,e. LL R� (C'C� LL , this the 1� day of 1' \0..I.\ , 20, I to , to certify which, witness my hand and seal of offic . i / �,.� i /.f// I_ mal it -111---.1... C< 00<i0E _ S' -ture • officer administering oath Printed nam- of officer administering oath Title of officer administering oath arms provRied by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future item for the City Council Meeting of May 31, 2016 Action item for the City Council Meeting of June 14, 2016 DATE: May 10, 2016 TO: Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg©cctexas.com (361) 826-3729 FROM: Andy Leal, P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Engineering Construction Contract Award Street Preventative Maintenance Program - Seal Coat Work CAPTION: Motion authorizing the City Manager or designee, to execute a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $1,987,973.61 each for bid Part 1, Part 2 & Part 3, for a total fee of $5,963,920.83 for the Street Preventative Maintenance Program 2015 (Year 2) Remaining and 2016 (Year 3) Seal Coat project. PURPOSE: The purpose of this Agenda Item is to execute a construction contract with J. Carroll Weaver, Inc. for the remaining Street Preventative Maintenance Program 2015 (Year 2) seal coat work and the 2016 (Year 3) seal coat program. BACKGROUND AND FINDINGS: This project is part of the Citywide Street Preventative Maintenance Program (SPMP) providing for the implementation of the 2016 (Year 3) seal coat program for selected arterial, collector and local (residential) streets. The contract includes completion of the 2015 (Year 2) seal coat program. This is a multi-year Indefinite Delivery Indefinite Quantity (IDIQ) construction contract with one base year plus two 1 -year optional renewals. Multiple "Delivery Orders" (DO's) will be issued to the contractor with specific scope and quantities for each street to implement the approved street work -plan throughout the City. The contractor's bid prices will be used for each item. The construction work includes seal coat application to extend the life of the Hot -Mix -Asphalt - Concrete (HMAC) pavement after required repairs to the existing pavement and road base with limited curb & gutter replacement and adjustments to utility manhole ring and covers. The DO's will identify specific streets and quantity for tracking all work and cost per street. It is anticipated that a total of twelve DO's incorporating locations for both the 2015 and 2016 Work Plans will be issued. The combined 2015 (Year 2) and 2016 (Year 3) Seal Coat project was developed and bid as a single project with three Base Bid Schedules; Parts 1, 2 and 3. The three smaller Base Bid Schedules were provided to increase opportunities for small businesses to participate and potentially allowing award to multiple contractors. The three Base Bids Schedules are based on three defined areas of the City as follows: • Base Bid Part 1 (West) • Base Bid Part 2 (Central) • Base Bid Part 3 (East) On May 18, 2016, the City received proposals from two (2) bidders and the bidders are as follows: Contractor Part 1 Part 2 Part 3 J. Carroll Weaver, Inc. Sinton, Texas $1,987,973.61 $1,987,973.61 $1,987,973.61 Berry Contracting, L.P. Dba Bay, LTD. Corpus Christi, Texas $2,687,745.20 $2,884,384.65 $2,836,365.70 The contract bid document required the bidders to fully demonstrate sufficient capacity and resources to perform all parts simultaneously in accordance with the contract documents. This includes sufficient crews and equipment for each Part to be considered for award. Although staff wished to make multiple contractor awards to mitigate performance risk, the additional costs represented by the bid differential outweigh concerns over award to a single contractor. J. Carroll Weaver has demonstrated the ability to field four separate crews with equipment plus additional subcontractor capacity. The City Staff and Design Engineer are therefore recommending the award of Parts 1, 2 and 3 to the lowest responsible bidder and J. Carroll Weaver, Inc. Staff will administratively renew for two (2) additional 12 -month periods dependent upon the contractor's successful performance of the work on all Delivery Orders and the concurrence of the contractor. ALTERNATIVES: 1. Authorize execution of a construction contract for all three parts to J. Carroll Weaver, Inc. 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Coym, Rehmet & Gutierrez Engineering, L.P. is the design engineer that was selected for this project under RFQ 2011-05. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $20,300,000 $0.00 $20,300,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $5,963,920.83 $0.00 $5,963,920.83 Future Anticipated Expenditures This Project $0.00 $14,045,125 $0.00 $14,045,125 BALANCE $0.00 $ 290,954.17 $0.00 $ 290,954.17 Fund(s): Comments: N/A RECOMMENDATION: City staff and Coym, Rehmet & Gutierrez Engineering, L.P. recommend the construction contract award to J. Carroll Weaver, Inc. in the amount of $5,963,920.83 for the 2015 (Year 2) Remaining and 2016 (Year 3) Street Preventative Maintenance Program for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET ESTIMATE Citywide Street Preventative Maintenance Program 2015 & 2016 (Year 2 & 3) Seal Coat E 14021 & E15140 PROJECT FUNDS AVAILABLE: Bond 2014 ADA Improvements Project Street Maintenance Fee RTA FY 2015-2016 Street Operating Fund FY 2014-2015 Street Operating Funds TOTAL $ 2,300,000.00 11,000,000.00 2,700,000.00 1,200,000.00 3,100,000.00 20,300,000.00 FUNDS REQUIRED: Construction (2015 & 2016)This Item (Seal Coat only) Construction (preliminary estimate) 2016 Overlay Contingency (0%) Construction Inspection (estimate) Design Fees and Geotech: Engineering (Coym, Rehmet & Gutierrez) Engineering (Coym, Rehmet & Gutierrez) Amendment No. 1 Geotechnical (Rock) Construction Materials Testing (Rock) Seal Coat Construction Materials Testing (Estimate) Overlay Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) Engineering Services (Project Mgt / Constr Mgt) Misc. (Printing, Advertising, etc.) TOTAL 5,963,920.83 12,650,000.00 49,500.00 49,365.00 867,370.00 49,713.00 22,677.00 100,000.00 126,500.00 126,500.00 3,500.00 $ 20,009,045.83 ESTIMATED PROJECT BUDGET BALANCE $ 290,954.17 t :1 i Taft TradewmdF. Ingleside on the Bay Petronila Tierra Grande 1 PART 2 CENTRAL Chapman Ranch 7. 74 thirird LOCATION MAP NOT TO SCALE AmiteEsc Ind PROJECT: E15140 Citywide Street Preventative Maintenance Program Seal Coats CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. J. Carroll Weaver, Inc. Sinton, TX United States Certificate Number: 2016-58903 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, Texas 05/19/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15140 Citywide Street Preventative Maintenance Program (SPMP) Year 3 Indefinite Delivery Indefinite Quantity (IDIQ) Seal Coats 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. AR' P49 BARBARA GREENWOOD a +, c) NOTARY PUBLIC * %\ * STATE OF TEXAS 0TTt My Comm. Expires 06-12-2016 1 i r �, - - - '�� . OP tt$P� Signature of authorized agent of co tracting siness entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Gary Kelley , this the Bary Kelley 19 day of May , 20 16 , to certify which, witn-:s my hand and s; al of office. ZAAlAF lehaartit Barbara Greenwood Assistant Secretary 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 vl.U. Corpus Chr sti Engineering Street Preventative Maintenance Program Seal Coats Council Presentation May 31, 2016 Project Location �hrsti Engineering Petronila Tierra Grande PART 2 CENTRAL Chapman Hench 2 Project Scope �hrsti Engineering The Year 3 Seal Coat project was developed and bid as a single project with three Base Bid Schedules; Parts 1 (West), 2 (Central) and 3 (East). This is a multi-year Indefinite Delivery Indefinite Quantity (IDIQ) construction contract with one base year plus two 1 -year optional renewals. Three smaller Base Bid Schedules provides increased opportunities for small businesses maximizing competition and potentially allowing award to multiple contractors. The work includes: • Seal coat application • Repairs to the existing pavement and road base • Limited curb & gutter replacement and • Adjustments to utility manhole ring and covers • Multiple Delivery Orders will be issued with specific scope and quantities for each street 3 Project Schedule �hrsti Engineering 2016 2017 Jul Aug Sep Oct Nov Dec Jan Fe b Construction Mar Apr May Construction Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of May 31, 2016 Action Item for the City Council Meeting of June 14, 2016 DATE: TO: May 20, 2016 Margie Rose, Acting City Manager THRU: Mark Van Vleck, P.E., Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: 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 Construction Contract Whitecap Wastewater Treatment Plant Ultra -Violet System Upgrade CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $5,266,997.75 for the Whitecap Wastewater Treatment Plant Ultra -Violet System Upgrade for the Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Whitecap Wastewater Treatment Plant Ultra -Violet System Upgrade for the Base Bid. CIP Description: Whitecap Wastewater Treatment Plant Ultra -Violet System Upgrade (E10179) "The purpose of this project is to upgrade the UV disinfection system in order to meet new Texas Commission of Environmental Quality (TCEQ) requirements. Work will provide for the design and construction of a new ultra -violet disinfection system with additional filter upgrades to meet recently upgraded TCEQ Enterococcus Bacterial permit levels." BACKGROUND AND FINDINGS: This project is necessary to ensure continued disinfection capability to meet the current Texas Commission on Environmental Quality (TCEQ) permit limits for Enterococci Bacteria. The original disinfection system has reached the end of its useful life with obsolete parts and service that was not designed to address Enterococci bacteria. This project is required regardless of the City's decision to consolidate the Wastewater Plants as the current disinfection system cannot meet current permit requirements. The proposed project was developed with a Base Bid and Additive Alternative as follows: Base Bid: Includes a new cloth filtration system with disinfection chamber and ultra -violet (UV) disinfection system in addition to necessary electrical improvements to support compliance with TCEQ permit. The project also provides a new effluent pump station to discharge into the Laguna Madre during storm events and/or during high tide, and an onsite generator. Additive Alternate No. 1 includes a different filter system manufactured by Aqua -Aerobic Systems, Inc. required in the base bid. The maintenance requirements of the Aqua -Aerobic Systems requires more complicated and expensive maintenance and therefore not recommended for the minor cost reduction. On March 23, 2016, the City received proposals from four (4) bidders and the respective bids were as follows: CONTRACTOR BASE BID ADDITIVE ALTERNATE J.S. Haren Company Athens, Tennessee $5,266,997.75 ($1,000.00) Associated Construction Partners, LTD. Boerne, Texas $5,423,997.75 $20,000.00 CSA Construction, Inc. Houston, Texas $5,454,000.00 ($5,000.00) MGC Contractors, Inc. Pleasanton, Texas $5,555,997.75 ($110,000.00) The City's consultant, Freese and Nichols, Inc. analyzed the four proposals and recommended the project be awarded to J.S. Haren Company for the Base Bid only. Based on a review of J.S. Haren Company's experience and resources, they are qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $3,174,200.00 $4,500,000.00 $1,400,000.00 $9,074,200.00 Encumbered / Expended Amount $870,486.00 $870,486.00 This Item $5,266,997.75 $5,266,997.75 Future Anticipated Expenditures This Project $938,766.25 $938,766.25 BALANCE $2,303,714.00 (766,997.75) $461,233.75 $1,997,950.00 Fund(s): Wastewater CIP #1 Comments: This project requires approximately 482 calendar days with anticipated completion in October 2017. The construction contract will result in the expenditure of an amount not to exceed $5,266,997.75. RECOMMENDATION: City Staff recommends approval of a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $5,266,997.75 for the Whitecap Wastewater Treatment Plant Ultra - Violet System Upgrade for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Whitecap Wastewater Treatment Plant Ultra -Violet System Upgrade FUNDS AVAILABLE: Wastewater CIP $ 9,074,200 FUNDS REQUIRED: Construction: Construction (J.S. Haren Company) THIS ITEM $ 5,266,997 Contingency (10%) 526,700 Construction Observation and Testing: Construction Materials Testing Estimate (Rock) 16,316 Construction Observation Estimate (TBD) 200,000 Design: Engineer Contract (Freese and Nichols, Inc.) 743,640 Engineer Original* $249,352 Engineer Amendment No. 1 $46,922 Engineer Amendment No. 2 $30,826 Engineer Amendment No. 3** $416,540 Reimbursements: Total Reimbursements 322,597 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) $136,113 Engineering Services (Project Mgmt/Constr Mgmt) $181,484 Misc $5,000 TOTAL $ 7,076,250 ESTIMATED PROJECT BUDGET BALANCE $ 1,997,950 *The original contract was approved by City Council on June 19, 2012 by Motion No. M2012-113 **Amendment No. 3 was approved by City Council on February 11, 2014 by Motion No. M2014-012 Yard Island Corpus Christi Bay Df 000 -a V etp F7 kro. 4 ,57 Flour Bluff Waldron Field Noli 474 PROJECT LOCATION ca LOCATI NOT TO * Project Number: E10179 Whitecap Wastewater Treatment Plant Ultra -Violent Disinfection System Upgrade CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES wa.. Corpus Chr sti Engineering Whitecap Wastewater Treatment Plant Ultraviolet System Upgrade Council Presentation May 31, 2016 Project Location • s,„ Flour Bluff wma Noir / CP74, GM. say PROJECT LOCATION Corpus Chr sti Engineering 2 Project Location Corpus Chr'sti Engineering 3 Project Scope Corpus Chr sti Engineering " 1'111 \Willi 111111111/ 1111111 ''I 41 4 • 1 A\ */k/" f Provides new UV system to meet current TCEQ permit limits. The existing system is at end of its useful life and was not designed to address Enterococci Bacteria. The Base Bid provides the new UV system includes new cloth filters with a disinfection chamber and UV disinfection unit with electrical improvements required for the new system. The project also includes a new effluent discharge pump and generator with a new Motor Control Center (MCC). The construction award is recommended to J.S. Haren Company, who was determined to be the Lowest Responsive and Responsible Bidder in the amount of $5,266,997.75. Project Schedule Corpus Chr sti Engineering 2016 2017 Jan Feb Mar Apr May Jun Bid & Award Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Construction Project Construction Estimate: 482 Calendar Days = 16 Months Projected Schedule reflects City Council construction award in June 2016 with anticipated construction completion by October 2017. orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V .0. 021 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: 2016-58810 Date Filed: 05/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. J S Haren Company Athens, TN United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E10179 Whitecap Wastewater Treatment Plant Ultra -Violet Disinfection System Upgrade 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. 6 AFFIDAVIT %, , ''•.,,,. I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,. • ,:e.•.., , , 0 .-, - ," _ .'A:,:.4.Sz7r- NOT,A.--1 V Signature of authorized agent of contracting business entity \ ''', ,---J,-. .•' AFFIXNOTAY;:TMp/SEAtPb. SWO 17 1 to and subsCrrretrbtftWe me, by the saith , his the day of 20 , to certify which, witness my hand and seal of office. Mare n -Presidio ,..(i‘-^"------ U • S • Signatureofof officer administering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V .0. 021 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: May 23, 2016 TO: Margie C. Rose, Acting City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3142 Masterson Drive and 6201 Kostoryz Road CAPTION: Case No. 0516-01 Paisano Contractors, LLC: A change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The property is described as being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 18, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Commercial Neighborhood District. Vote Results For: 7 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner requests the rezoning to be able to market the property for commercial uses. Further, the property owner requests the property be zoned "CN -1" Neighborhood Commercial like the other three corners at the intersection of Kostoryz Road and Masterson Drive. There are no specific development plans at this time. The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map designation of the property as medium density residential, but it is consistent with the Comprehensive Plan Policy Statements and the Southside ADP. It is staff's opinion that a change to commercial uses will not alter the overall intent of the Southside Area Development Plan. The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. The zoning change is not anticipated to have a negative impact upon the surrounding properties and a "CN -1" District would allow uses that are suited for the property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Paisano Contractors, LLC ("Owner"), by changing the UDC Zoning Map in reference to 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood 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 Paisano Contractors, 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, May 18, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, and on Tuesday, June 14, 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 Paisano Contractors, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road (the "Property"), from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 47046), as shown in Exhibit "A". Exhibit A, which is a metes and bounds description of the Property and a map to accompany the metes and bounds, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land 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_0516-01 Paisano Contractors, LLC Page 2 of 2 Cat 14, Block 1 Cr...tont Unit 11 VoL 94. Pg. 125, Pop ReCORN. !teems County, Tomes k t N2828.5015 680,00' Lot 18, OPP' 1 Creeticoni use 1" Vol 54. Pg. 125. Flap Records. tivecen Courtly, Teem 3827 Ace. 166,601.01 Sq., Lot 3. Section 8 Bottetnion Cechy Lends got. D., Pg. 48 Pre sec.% NIN003 Co210. Toe.. 1 65 .112tler LOCATION MAP N.T.S. KfttSirgAc'd Surveyors Certificate: We, Urban Engineering, hove mode an on the ground field survey, under my direction and supervision, of the property legally described hereon; all observable, aboveground evidence of building% structures and other improvements situated on the premises have been shown; said property has access to and from a dedicated roadway; this survey substantially conforms to the °invent Manual of Practice for Land Surveying in Texa% published by the Texas Society of Professional Surveyors. for a Category 1B, Condition 2 Land Tale Survey. URBAN ENGINEERING Can L Urban. R.P.LS. License No. 4710 Flood Note' BY groPhio plotting only. this property is in Zone "C" of the Flood Insurance Rate Map, Community Panel Number 485464 0130 C. City of Corpus Christi, Texas, which bears an effective date of July 18, 1985 and is not in a Special Flood Hazard Area. General Notes: 1.) Bearings boned on the recorded plat of Crestmont Unit 11. a map of 'Mich W recorded in Volume 54, Page 125, Map Records of Nueces County, Texas. 2.) Some featurea shown on this survey may be out of scale for clarity. 3.) Declaration is rnade to original purchaser of the survey. 611 not transferable to any additional or subsequent owners. Field Notes Description - Field Notes for 0 3.827 Acre Tract of rend out being all of Lot 50. Block 1, Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County. Texas. and a portion of Lot 3. Section 8, Bohemian Colony Lands, a mop 05 which is reconded in Volume A, Page 48, Map Records of Nueces County. Texas. said 3.827 acre tract being more fully described by metes and bounds as follows: Beginning at a 5/8 inch iron rod found on the northwest boundary of lrestoryz Road, an 80 foot wide public roadway, for thw south corner of Lot 10, Block 8, Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Mop Records of Nueces County. Texas, for the east comer of this tract Thence, South 28'56'00 West, along the northwest boundary of said Kostoryz Road, a distance of 660.02 feet to O 5/8 inch iron rad found at the intersection of the said northwest boundary of 'restage Road, ond the northeast boundary Of satd Mesterson Orive. a public roadway, for the south comer of this tract Thence. North 613110' West, along the northeast boundary of said Masterson Drive, at 199.95 feet pass a 5/8 inch iron rod found for thw south comer of said Lot 18, in all a total distance of 249.95 feet to a 5/8 inch iron rod found for the south corner of Lat 76, said Mock 1, same being the west corner of said Lot 18, and of this trod: Thence, North 28'28'50' Ermt, a distance of 660.00 feet to 0 5/8 inch iron rod found for the east comer of oak' Lot 1A, same being the north 881501 81 said Lot 18. and of thie tract Thence, South 6113110' East, at 50.00 feet pass a 5/8 1950 1800 nod found for the east comer of said Lot th, in all cr total distance of 255.17 feet to the Point of Beginning and containing 3.827 Acres (166,691.01 square feet) of kind. REV.BY D10 1ON APPROVED Li Pk B A 14 ENGINEERING 1 (351) 1654-3101 MC (351) BSC -5081 2725 00020000. 009140 0581.1612 181.09 15404-63521 Boundary Survey of 3.827 Acre Tract of land outrbeing all of Lot 1B, Block 1, Crestrnont Unit 11, a map of which ia recorded In Volume 54, Page 125, Map Records of Nunes County, Texas, and a portion of Lot 3, Section 8, Bohemian Colony Lands, a map of vo. Nh.icch..coisrecunty. Texordedion,.rn Volue A, Page 48, Map Records of DRAWN BY S8 SCALE: 1'080" JOB NO146114700 CHICD. BY. DATE:4/04/07SHEET: 1 op 1 Aerial Overview 1 N Aerial PLANNING COMMISSION FINAL REPORT Case No. 0516-01 HTE No. 16-10000013 Planning Commission Hearing Date: May 18, 2016 Applicant & Legal Description Applicant/Owner: Paisano Contractors, LLC Legal Description/Location: Being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 3.86 acres Purpose of Request: To allow commercial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Medium Density Residential North "RS -TF" Two -Family Low Density Residential Medium Density Residential South "CN -1" Neighborhood Commercial Vacant and Commercial Commercial East "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Vacant and Commercial Low Density Residential and Commercial West "RS -6" Single -Family 6 Public/Semi-Public Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map but it is consistent with the Comprehensive Plan Policy Statements and the Southside Area Development Plan. Map No.: 047036 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Masterson Drive, which is designated as a "01" Minor Collector street, and 650 feet of street frontage along Kostoryz Road, which is designated as an "Al" Minor Arterial Undivided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2014) Masterson Drive "01" Minor Collector 60' ROW 40' paved 60' ROW 36' paved N/A Kostoryz Road "Al" Minor Arterial Undivided 95' ROW 64' paved 120' ROW 65' paved 8,529 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District to allow commercial uses. Development Plan: The property owner requests the rezoning to be able to market the property for the highest and best uses possible. Further, the property owner requests "CN -1" Neighborhood Commercial to be zoned like the other three corners at the intersection of Kostoryz Road and Masterson Drive. There are no specific development plans at this time. Existing Land Uses & Zoning: The subject property is vacant and zoned "RS -6" Single -Family 6 District. North of the subject property is zoned "RS -TF" Two -Family District and consists of low density residential uses. South of the subject property is vacant land and the Navy Army Community Credit Union, zoned "CN -1" Neighborhood Commercial District. East of the subject property is vacant property zoned "RS -6" Single -Family 6 and a recently constructed retail strip center in the "CN -1" Neighborhood Commercial District. West of the subject property is Galvan Elementary School in the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: Only a portion of the subject property is platted. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map designation of the property as medium density residential, but it is consistent with the Comprehensive Plan Policy Planning Commission Final Report Page 3 Statements and the Southside ADP. The following policy statements of the Comprehensive Plan and Southside ADP should be considered: • 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 rezoning, while not consistent with the Future Land Use Map, is consistent with policies in the Comprehensive Plan concerning efficient in -fill development, providing commercial uses to serve neighborhood needs, locating commercial uses on arterial roadways, and buffering commercial uses from low density residential areas. • A change to commercial uses will not alter the overall intent of the Southside Area Development Plan. • The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. • A "CN -1" District would allow uses that are suited for the property. • The zoning change is not anticipated to have a negative impact upon the surrounding properties. • 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 adjacent development. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Commercial Neighborhood District. Vote Results: For: 7 Opposed: 0 Absent: 2 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 3 outside notification area As of May 23, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0516-01 Paisano Contractors, LLC\Council Documents\Report for CC_0516-01 Paisano Contractors, LLC.docx CASE: 0516-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CH -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR$ FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park tL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 15 RS -E Single -Family 6 RS -4.5 Single -Family 4 5 R5 -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Penult RV Recreational Vehicle Park RMH Manufactured Home nSubject Property 0Owners with 200' bufferin favor 4 (mows wANrin 200"+fisted on V Owners attached ownership table Ain opposition LOCATION MAP t m 1 C.,LOU JT—, 1 �7 oyUS c,, r _-, a CI F k "i TH52o Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Dept. Street REZONING APPLICATION Office Use Only Ck.ase No.: Map No.: '7D �o PC Hearing Date: .ti — ` 4g 14 Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 ..m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: f/9/-0/✓° C°,'TI4 C7-0,5 LLC Contact Person : I -Cry s eif E ' 6"J" Mailing Address: i g 74/C Fe/A/7- !o ch - City: co�/° vs c��/f 7/ ate: TX ZIP: 7 r 1I/r Phone: (16% ) 1/7 r- 3a z� E-mail: Cell: ( g6I / ) r-2„72.3 2. Property Owner(s): Te— I V -r !i' Ey Eli- Contact Person : TES -US /? El' &f Mailing Address: 0 9 V6' F/rT Lo c"1- /fCity: City:Co/'j'✓f' c!/?i-,7/ State: P1' ZIP: %ry!' Phone: (3G/ ) L/ 3 r- 2Q 73 E-mail: Cell: (36/ ) y 3 tr- 3a 73 lit. a /47/9 -1"7" Coe .3" 0,1,- 1 _ eTC 3. Subject Property Address: tra 0/ if sT 04% Z Area of Request (SF/acres): Current Zoning & Use: RS- ` 6- A/4 971.1'T Proposed Zoning & Use: Ce /-- -1^ierigE r/9/ L. 1l1 WC) -0e--)0/ _ooiC 12 -Digit Nueces County Tax ID: 4 g 9 7- O a O 1- 0 e 1 5 Subdivision Name: ref 4 77 /9C 1/ 4-40 Block: Lot(s): Legal Description if not platted: SEF /9 77-4 c /y F D 4. Submittal Requirements: Meeting: Date Held it -t 5 -112 ; with City Staff . r STS y PrIyAssistance nd Use Statement 07/Disclosure of Interest [copy of Warranty Deed IF APPLICABLE: eak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 1,.2 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by Appointment of Agent Form if landowner is not signing this form • RPLS) Site Plan for PUD or Special Permit ❑ Lien Holder Authorization I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is rate. Owner or A is Signature Applicant's Signature Tr; v l ire -7(f rE I ✓J' if c%C_C Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: --1 g - r (e Received By: '2 K? ADP: .5 Rezoning Fee: Ste 9 a . 6-12 + PUD Fee / + Sign Fee 20.00 = Total Fee / 7 / c2 • SO No. Signs Required a. @ $10/sign Sign Posting Date: K- SDEVELOPMENTSVCSISHAREDILAND DEVEELOPMENTVIPPLICATION FORMSIREZONING1ZONING APPLICATION 2015 DOC orm Revs 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. L Gni L b ESC4 E/' 7-/O/✓ /3oil (fri fi /" coeo./v7 4,4/5 1-/ , Cr Of Loy -3 Sr cT/off/.– / c,f(Pr" 0,1. 7- l/N/% — l/ L07- j Q deocel—.2. Applicant requests to rezone the property for commercial uses in order to market the property. 2. Identify the existing land uses adjoining the area of request: North - /?S r T F South-RS–`/•Sc/v_ East - /?S - Gri c/v West -/?S- `� S CANT' 4- Cam(4c /i9C PV4L/C/sc/`1 C - fiv4e/c C 4USERSITANYAR W44DESKTOPIDAILY USE ANNIKA4LAND 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: p/913-4.2/0 CoA, T/rfJC T 0.?S 1 L C STREET: i 0 9 V /=C/,•-TLo c'f CITY: Ca��v S chi/if/ ZIP: 7 r y/ I' FIRM is- °Corporation °Partnership °Sole Owner °Association °Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name /Y/4 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 /fJ Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I 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: Ti -s '_ it cy (.f Title 0W/1,'"c/I (Print Name) Signature of Certifying Person: Dateo y — I ci ^ 20/6 K )DEVELOPMENTSvc5,5HARED LAND OEVELOPMENTIAPPLICAT;ON FORMStREZONINGtOkCLOSURt OF INTERESTS STATEMENT_512 2015 DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: E S (/ f /� c7( - Mailing Address: 1 i 9 /' F' /Aerco C/( City: CQ/Tpv I C/1/7/1'7l State: T.1'. Zip: 7 H / 7 Home Phone: (3 / ) t/31-3•73 Business Phone: ( ) r4"E" Cell: ( ) S/9M F I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. 1 understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: Title: o siN rcer Printed/Typed Name of Agent: T E (VS /)'f Date: 0 Lf- / `/ /6 *Signature of Property Owner: e Title: nu.) 4_9-- Printed/Typed Name of Property Owner: ,42/1/9/V vi? 77Z S'4. Date: 0 N' / y -A *Signature of Property Owner: PrintedITyped Name of Property Owner: ircksi Ai 0/7 772 T/f . Title: Date: o i -/V -/6 *Signature of Property Owner: O5�1 itle: LA, in—"-, Printed/Typed Name of Property Owner: o* Evr/9 D 0 O4 T/ Z Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. U W brown APPOINTMENT OF AGENT2-19-09 dnc PEAK HOUR TRAFFIC (PHT) FORM Development Sin ices 2406 Leopard Street. Corpus Christi TX 78408 Phone (36I)826-3240 vvwn corms cum A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). -3 / al a'; ,v7 r-Egfa/✓ Property Address. 6 a 0/ KoSr 047 o yErl +l9 co.✓ tn� l ' ` if t 4 r 00- 401-j reci-Ave- Legal Description (Subdivision, Lot, BIock): c-/ /T —N Lor .L !3 /3Lxr_ 1 Applicant Name: f4/J /s/O CoAfrit/1 CTo4f L G C Address: 137 1/6 pe/.v7— Ga c/i City.State'Zip: C. C rX, 78YI8 Telephone. 6/) (13? -3 -?-7-7 Email: rerr(4 (.YEs',._ le? ,Y,,m 0 o . C4•47 Application Status (Select One). Existing Land Usc Rezoning 0_ Site PlanjStreet Closure Tract Acres Una of Measure Zoning Land Use I.T.0 Code A.M. Trip Rate Peak A.M. Trips P M Trip Rntc Peak P.M Trips 's - 1 f 6 4 c g5 = 6 /i? D 2 aso a, ss o_ 67 s 1 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E Cade A M Trip Rate Peak A M Trips P.M Trip Rale Peak P M Trips 2. 76 ACs cAi.-1 if7/9/c gab 6. ri S. °a LiSZ Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) A//9 Pre,/ t' di✓ nor rag7Z For City Use Only A Traffic Impact Analysis J. n:quired The consultant preparing the TIA must meet uqh IIthe City to discuss the scope and requirements oldie anal} sis prior to beginning the TIA A Traffic Impact Analysis is NOT required The proposed traffic generated does not El exceed the established threshold The Traffic Impact Analysis has been waived for the Iollotising reason{s) Reviewed By Note This completed and reviewed forth must accompany any subsequent application for the IDENTICAL protect CI IANGES to the proposed project will require a new TIA determination to be made Date in In 7 Z di k _ CL e 0 Lai cc q cr -0 \ o m O. 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Ebel; pwsllsnt t * 3 R MMIta *MOO twain Taal. 16r too. of Wear tabeardad Vaisya thb fait owner of Mb trait Thorns. teeth 2f541112r W..k slam nim aut.e.t al Oat KobSaie dolormo of mum nut to f S/!t bdt Lan fol fatal yoaff too hba — of nr fad rartoneet bloodow or oar Droot. poNo /pod a% ter the smith th meow of *4 beck Therm. flash O arta" if nt. dew too oorlte.k eradald oteeid+Hu6a as hamar Wal$ Gat pm a 3/t1 brat ins ted fiord far taw soh maw of odd Labia. b di a WWI ‘11$311C• t, lass ?ratio SI d/6 bolt Gen rel food for Ua DOOM Canoe .1 lot IA. veil Exit Z sear b,'rq eb. ,.k own rr se Laid est IV. gad d. a* blot >< dII7S30� root, d e dam. of 60.00 bot S/a.atdt lag rood fogad fat Ur oatta tater of 4 Lot lh. MOM bob, ibo rias tenor of sail tot 11. Oral of lila Den•o tooth 111'31ile Etiil: �t Offm fiol pap o a/p attotdtekoibinfga of .beriaX17 bat to tow Ibrimiag old eerddon.3.Rat Aa.. C11rm1121 agrstr 1x0 at bas Q3E 1 t>tnoif !APPROVED CauFna*NIN ENGINEERING mf faaoae moa=t tees 7nw_ Pati a7.a,at Ism Miff Boundary Survey of 1822 Ave Tact of bed ma' beim ar of let mow: 1. *mama we II. ovaa at Tata to roasted is Yaw* 'X Pep 1226 loo Rrsode o! Mara Oaabr. Tame, mrd a , Kahn of Lak 3. Sadist o„ batotrian Woes Loofa. o mop of alibi le tommisti lo velum. k ntrt 44. lb* 1ftnal Hama. Cal* Tames. UffA6f►l9i` tit tPd cla[b. BT_f]fD'Ea/W/mSIIEEP=,may. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 31, 2016 Action Item for the City Council Meeting of June 14, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 31, 2016 FROM: Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Maria Pedraza, Procurement Manager MariaPe@cctexas.com (361) 826-3176 External Audit Firm Service Agreement CAPTION: Motion authorizing the City Manager or his designee to execute a service agreement with Padgett Stratemann & Co. L.L.P. ("PS&Co.") of San Antonio, Texas, to provide professional auditing services for a total contract value of $601,000, inclusive of an allowance of $36,000 for bond examination reports/statements and comfort letters that may be requested by the City during the term of this Agreement in accordance with Request for Qualifications No 66. The agreement is established for a three year period, subject to the approval of the City Manager or designee and the contractor. PURPOSE: The City of Corpus Christi's charter requires an independent annual audit. Article II, Section 27 of the City reads, in part, as follows: "The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary." BACKGROUND AND FINDINGS: Request for Qualifications (RFQ) Event No. 66 for External Auditing Services was issued on October 31, 2015. The Selection Committee (comprised of the Director of Financial Services, Assistant Director of Financial Services, Controller, Chief Accountant, Senior Buyer, Assistant City Attorney, and City Auditor) assigned preliminary rankings to each qualified firm. The top four firms were presented to the Audit Committee on January 12, 2016, and each firm made a short presentation to the Audit Committee. After the presentations, the Audit Committee and Selection Committee ranked each firm by a score of 1 to 10 which was added to the preliminary scores. The final scoring follows: 1. Weaver and Tidwell, L.L.P. - 159 points 2. Collier, Johnson & Woods P.C. - 157 points 3. Padgett Stratemann & Co., L.L.P - 155 points 4. BKD, L.L.P. - 142 points Weaver and Tidwell's cost proposal was then opened in the meeting and cost read aloud. A question was raised about whether the cost included the preparation of the CAFR, which was an option in the pricing. Calls were placed to Weaver and Tidwell to clarify and Staff was asked to bring back the results and to discuss whether the pricing proposed was fair and reasonable. At the February 9th meeting, the Selection Committee presented to the Audit Committee clarifications on issues raised since the January meeting - including bid pricing, historical cost of the City's external audits, and confirmation of independence from Weaver and Tidwell, L.L.P ("Weaver") to conduct the City's external audit. Weaver and Tidwell's pricing did include the preparation of the CAFR and therefore Weaver provided a split out of the costs so Staff could examine just the cost of the Audit alone. Staff was then able to determine that Weaver's cost were in line with what Staff expected and had spent on past Audits. Staff recommended the Audit Committee move forward with the selection of Weaver for RFQ Event No. 66. However, the Audit Committee made a decision to delay making a final decision on the external audit firm due to concerns over Weaver not being a local firm and asked to re -interview two of the top four firms that were invited to present to the Audit Committee at the January 12th meeting. Legal recommended that Weaver be allowed to continue in the process also. The three firms that were invited to return and re -interview were Padgett Stratemann and Collier, Johnson & Woods P.0 and Weaver. At the March 8th meeting, the Audit Committee was given the opportunity to ask each of the three highest ranked firms additional questions. The firms were then ranked again exclusively by the Audit Committee based upon these discussions, and Padgett Stratemann was determined to be the highest ranked firm. Staff was directed to then negotiate the proposed costs with Padgett Stratemann to see if a fair and reasonable value could be reached for the Services. Staff met with Padgett Stratemann on March 10, 2016 and discussed the proposed costs. Costs were compared to both last year's expenses for the Audit and benchmarked against Weaver's proposed costs that were previously opened and read publicly at the January 12, 2016 meeting. Management hours to conduct the audit were also evaluated and compared to traditional hours for this level of effort. At the conclusion of this negotiation, Staff feels a fair and reasonable cost was reached of $183,000 for year 1, $188,000 for year 2 and $194,000 for year 3 for a total contract value of $565,000. This was a reduction of $53,000 from what was proposed. At the April 12th meeting, The Selection Committee presented to the Audit Committee the negotiated proposed costs with Padgett Stratemann on March 10, 2016. Staff asked the Audit Committee to vote on a recommendation to the City Council to authorize the award of a contract to Padgett Stratemann utilizing a local firm by Ernest R. Garza and Company P.C. ("Ernest R. Garza"), of 40% participation. The Audit Committee determined the negotiated proposed costs to be fair and reasonable and motion to take the recommendation to the City Council for final approval with Padgett Stratemann to perform the external audit firm for fiscal years 2016 — 2018. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This conforms to Procurement Procedure P-11, Selection of Professional Services as clarified by the Audit Committee on October 13, 2015 and discussed with Legal at the February 9th meeting when the decision was made to depart from the process outlined in the RFP. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Financial Services Department City Auditor's Office City Attorney's Office FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2015- 2016 Current Year Future Years TOTALS Line Item Budget 463,950.00 0 463,950.00 Encumbered / Expended Amount 377,494.81 0 377,494.81 This item 18,000.00 583,000.00 601,000.00 BALANCE $68,455.19 $0 $68,455.19 Fund(s): General Fund and applicable CIP Funds for cost of comfort letters Comments: The $601,000 financial impact shown above represents the cost of the total contract value. Of this amount, $565,000 for the financial audit will be paid from the General Fund, and the remaining $36,000 for the issuance of up to 6 "comfort letters" at a cost of $6,000 each will be paid from bond proceeds, if applicable. The amount of the contract to be paid in FY2015-2016 is $18,000 from the General Fund. The remaining contract balance will be funded through future fiscal years. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement- Auditing Services SERVICE AGREEMENT FOR AUDITING SERVICES Service Agreement No. 739 THIS Auditing Services Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or designee ("City Manager"), and Padgett, Stratemann & Co., L.L.P ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Auditing Services in response to Request for Proposal Event No. 66 incorporated by reference into this Agreement as Exhibit "1"; WHEREAS the City has determined Contractor to be the most qualified proposer on the basis of demonstrated competence and qualifications to perform the service for a fair and reasonable price for the City; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Auditing Services in accordance with the Scope of Work ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Attachment "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Attachment "D". 2. Term. This Agreement is for a term of three years, commencing on the date signed by the City Manager. 3. Compensation and Payment. The total amount to be allocated under this Agreement is not to exceed $601,000., inclusive of an allowance of $36,000 for bond examination reports/statements and conduct letters that may be requested by the City during the term of this Agreement. Fees will be paid as outlined in Attachment "B" "Contractor's Billing 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 30 days of receipt of a correct invoice. Page 1 of 7 The City may require bond examination reports/statements or comfort letters for one or more bond issuances each fiscal year; depending on complexity of the report or letter, the estimated cost will range $4,500-$6,000. The decision as to whether or not to proceed with production of any reports or letters is within the City's complete discretion as an allowance. If the City notifies the Contractor of its potential intent to proceed with a request, the City and Contractor will establish and agree upon the cost of the official report or letter in advance. The Contractor must receive the City's advance written approval by task order before proceeding with preparation of any report or letter. Any portion of the unused allowance belongs at all times to the City and can be re -appropriated for other uses by the City at any time during the term of this Agreement. Should any portion of the allowance remain upon termination or expiration of the Agreement, a final change order will be issued to re -appropriate any portion of the unused allowance that remains upon close out of the Agreement. 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 Director of Financial Services, unless indicated otherwise in this Agreement. 5. Independent Contractor. Contractor shall perform the Services hereunder 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 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 coverage, 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 "C". 7. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing Page 2 of 7 for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 9. Waiver. No waiver 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 Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 11. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 13. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon 30 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. 14. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other Page 3 of 7 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 these 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 certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Financial Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard St. Corpus Christi, Texas 78401 Fax # (361) 826-3601 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Fax #: Padgettt, Stratemann & Co., L.L.P Marc Sewell, CPA Partner 100 NE Loop 410, Suite 1100 San Antonio, Texas, 78216 210.826.8606 16. 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: Agreement and its Attachments A, B and C Contractor's Proposal Attachment D RFP documents including Addenda Exhibit 1 17. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 18. 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 Page 4 of 7 shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR CONVENANTS AND AGREES TO FULLY IDEMNIFY, DEFEND AND HOLD HARMLESS, THE CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENATIVES OF THE CITY, INDIVIDUALLY AND COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES ,FEES ,FINES , PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON THE CITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT, INCLUDING ANY ACTS OR OMISSIONS OF CONTRACTOR, ANY AGENT, OFFICER, DIRECTOR, REPRESENATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,DIRECTORS AND REPRESENATIVES WHILE IN THE EXERCISE OF THE RIGHTS OR PERFORMANCE OF THE DUITES UNDER THIS CONTRACT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT CONTRACTOR AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 20. 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: www.cctexas.com/government/city-secretary/conflict-disclosure/index Page 5 of 7 21. Key Personnel. The City's entry into this professional services agreement is conditioned upon the Contractor's continuing utilization of the following professionals (Ernest R. Garza and Marc Sewell), whose resumes have been attached to the Contractor's proposal. Failure of contractor to utilize both of the aforementioned professionals in the provision of services pursuant to this agreement would entitle the City to terminate this agreement." Page 6 of 7 CONTRACTOR: n Q/( Signature: Printed Name: vJ e 11 Title: �� ✓� Date: call l 0 G CITY OF CORPUS CHRISTI: Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Contractor's Billing Schedule Attachment C: Insurance Requirements Attachment D: Contractor's Proposal Incorporated by Reference: Exhibit 1: Request for Proposal Event No. 66 (Available upon request) Page 7 of 7 Attachment A: Scope of Work 3.1 General Information A. The Contractor will audit the City's financial statements for the fiscal years ending September 30, 2016, 2017 and 2018. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB), Subpart F of Title 2 CFR, part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and/or the State of Texas Single Audit Circular, as applicable. B. The Audit, as outlined in this Scope of Work, must be complete no later than 6 months after the City's fiscal year end unless an extension is mutually agreed upon by the Contractor and the City. 3.2 Background Information A. General 1. The City of Corpus Christi is comprised of a 504 square mile area with an estimated population of 325,477. The City of Corpus Christi's fiscal year begins on October 1 and ends on September 30. 2. The City of Corpus Christi operates under a Council -Manager form of government and provides such services as are authorized by its charter to advance the welfare, health, morale, comfort, safety, and convenience of the City and its inhabitants. 3. The City of Corpus Christi provides the following services to its citizens: a. Public Safety (police and fire protection, building inspection, street lighting and traffic signals, and civil defense) Page 1 of 12 b. Public Services (water, wastewater collection and disposal, gas, garbage collection and disposal, maintenance of streets, and storm water drainage) c. Community Enrichment (libraries, parks, recreational facilities, marina, municipal beaches, golf courses, swimming pools, tennis courts, baseball and softball diamonds, and senior citizen centers) d. Airport e. Preventive Health Facilities f. Convention Center and Arena 4. The City of Corpus Christi had a total payroll of $170,695,496 in Fiscal Year 2014, representing 14 months of operations, covering 3,172 full time employees. 5. The City of Corpus Christi is organized into 31 departments and agencies. The accounting and financial reporting functions of the City of Corpus Christi are centralized. 6. More detailed information on the government and its finances, including the City's Comprehensive Annual Financial Reports, can be found at the City's website located at http://www.cctexas.com/government/financial- services/index, as well as the Official Statements available on Municipal Securities Rulemaking Board (www.msrb.org). B. Fund Structure The City of Corpus Christi uses the following fund types and account groups in its financial reporting: Number of Fund Type/Account Group Individual Funds Number with Legally Adopted Annual Budgets General Fund 1 1 Special Revenue Funds 24 18 Debt Service Funds 4 4 Capital Projects Funds 13 0 Enterprise Funds 6 6 Internal Service Funds 6 6 Page 2 of 12 Expendable Trust Funds Discretely Presented Component Units Predominantly Proprietary C. Budgetary Basis of Accounting 2 2 0 N/A Annual budgets are legally adopted on a basis consistent with generally accepted accounting principles for all governmental funds except the Federal/State Grant Fund, capital project funds, community enrichment fund, infrastructure fund, the Corpus Christi Community Improvement Corporation Fund (CCCIC), the Corpus Christi Housing Finance Corporation Fund (CCHFC), the Corpus Christi Industrial Development Corporation Fund (CCIDC), and the Corpus Christi Health Facilities Development Corporation (CCHFDC). The Federal/State Grant Funds and the capital projects funds adopt project -length budgets. Budgets were not adopted for the CCCIC, CCHFC, CCIDC, and the CCHFDC. All appropriations lapse at fiscal year-end. In fiscal year 2015, consideration will be given to annual budgeting for federal and state grants. D. Federal and State Awards During the fiscal year to be audited, the City of Corpus Christi received or will receive Federal and State awards. E. Pension Plans The City participates in funding two retirement plans: (1) all City employees, except firefighters, are provided benefits through a non - institutional, joint contributory, defined benefit plan in the state-wide Texas Municipal Retirement System (TMRS), an agent multiple - employer public employee retirement system; and (2) all firefighters are covered by the Fire Fighters Retirement System of Corpus Christi, a single -employer defined benefit pension plan (a separate standalone report is audited by other auditors). F. Component Units Management of the City of Corpus Christi has addressed all potential component units for which the City may be financially accountable and, as such, have been included within the City's financial statements. The City (the primary government) is financially accountable if it appoints a voting majority of the organization's governing board and (1) it is able to impose its will on the Page 3 of 12 organization, or (2) there is a potential for the organization to provide specific financial benefits to or burdens on the City. In doing so, management has considered other organizations for which the nature and significance of their relationship with the City of Corpus Christi are such that exclusion would cause the City of Corpus Christi's financial statements to be misleading or incomplete. G. Blended Component Units 1. The following entities have been identified as blended component units due to the closeness of their relationship with the City of Corpus Christi: Corpus Christi Community Improvement Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation, Corpus Christi Crime Control and Prevention District, Corpus Christi Business and Job Development Corporation Reinvestment Zone No. 3, and the North Padre Island Development Corporation. a. The Corpus Christi Community Improvement Corporation was formed to provide financing for the rehabilitation of residential property in the City. The City manages the day-to-day operations of this corporation, and the Mayor and Council Members are directors of the corporation. b. The Corpus Christi Housing Finance Corporation promotes business development and issues housing revenue bonds. The City manages the day-to-day operations of this corporation, and the Mayor and Council Members are directors of the corporation. c. The Corpus Christi Industrial Development Corporation promotes business development and issues industrial development bonds. The City manages the day-to-day operations of this corporation, and the Mayor and Council Members are directors of the corporation. d. The Corpus Christi Crime Control and Prevention District (District) is a public non-profit corporation created under State law to provide funding for public safety programs. Although the District is legally separate from the City, the District is reported as if it were part of the primary Page 4 of 12 government because it is a financing mechanism for the City to provide public safety to the citizens of the City. e. The Corpus Christi Business and Job Development Corporation (CCBJDC) is a public non-profit corporation created by State law to provide funding of voter approved capital improvement programs. The City Council appoints the Board and has financial accountability. Although it is legally separate from the City, CCBJDC is reported as if it were part of the primary government because its primary purpose is to issue revenue bonds to finance major capital improvements on behalf of the City. f. Reinvestment Zone No. 3 was created pursuant to the Tax Increment Financing Act to facilitate planning, design, and construction of public improvements and to encourage the development of new land uses and the redevelopment or rehabilitation of existing uses in the city's downtown area. Reinvestment Zone No. 3 became effective December 16, 2008 and will terminate on December 31, 2022. The receipt of post - 2008 incremental property taxes on properties within the boundaries of the zone provides funding for the projects and for the repayment of debt issued by Zone No. 3. The Mayor and Council members appoint a voting majority of the board, and the City manages its day-to-day operations. g. North Padre Island Development Corporation (NPID) was created by the City pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone, namely Packery Channel. NPID became effective on November 14, 2000, and will terminate on December 31, 2022. The receipt of post -2000 incremental property taxes from taxing units with property within the boundaries of the zone provides the funding for its projects. The Mayor and Council Members are a voting majority of the board, and the City manages its day-to- day operations. Page 5 of 12 2. The blended component units are included in the government fund statements as non -major government funds. H. Discretely Presented Component Units 1. The following entities have been identified as discretely presented component units: the Coastal Bend Health Facilities Development Corporation and the Corpus Christi Convention and Visitors Bureau. The component unit column in the government -wide financial statements includes the financial data of the City's other component units for which the City Council appoints the majority of the Board and has financial accountability. A. The Coastal Bend Health Facilities Development Corporation (CBHFDC) is a public, non-profit corporation created by the City under State law to facilitate financing and development of health and health- related facilities. The CBHFDC is presented as a governmental activity. B. The Corpus Christi Convention and Visitors Bureau (Visitors Bureau) is a private Texas nonprofit corporation organized for the purpose of promoting convention and visitors' activity in the Corpus Christi Bay area. The Visitors Bureau has been presented as a governmental activity (a separate standalone report is audited by other auditors). I. Related Organizations and Jointly Governed Organizations 1. Related organizations and jointly governed organizations provide services within the City that are administered by separate boards or commissions, but the City is not financially accountable, and such organizations are therefore not component units of the City, even though the City Council may appoint a voting majority of an organization's board members. Consequently, financial information for the Coastal Bend Council of Governments, the Regional Transit Authority, the Corpus Christi Housing Authority, and the Corpus Christi Regional Economic Development Corporation are not included in the City's financial statements. Page 6 of 12 2. The City of Corpus Christi does not participate in joint ventures with other governments. J. Separately audited financial statements for American Bank Center The American Bank Center is operated by an independent entity through a management agreement with the City. The financial statements for both the American Bank Center Area Operations Fund and the American Bank Center Convention Center Fund are audited by other auditors. These funds combine with City -managed operations related to Visitor's activities to be presented as the Visitor's Facilities Fund in CAFR. K. Magnitude of Financial Operations The financial services department is headed by Constance Sanchez, Director of Financial Services, and consists of 95 employees. The principal functions performed and the numbers of employees assigned to each are as follows: Function Number of Employees Finance Administration 4 Accounting 28 Treasury 15 Collections 31 Purchasing/Inventory 17 Total 95 L. Computer Systems • HARDWARE Type of Equipment Number Make of Equipment Networked H.T.E. Server 1 AS400 Yes • SOFTWARE Make Major Applications INFOR Financials. General Ledger, Accounts Payable, Activities, Asset Management, Purchasing, Travel and Expense, Flex Budgeting (Commitment Control) and Inventory INFOR CPM Budget Page7of 12 INFOR HR & Payroll Human Resources, Benefits Administration, e -Recruit & Payroll Sympro Debt Service & Investments H.T.E., Inc. Utility Systems: • Customer Information • Land Management • Work Orders Financials: • Accounts Receivable • Cash Receipts Community Service: • Building Permits • Business Licenses • Code Enforcement Note: All HTE applications are being replaced by INFOR products. This is to take effect on or about December 1, 2015. • DATABASES Type Uses Hosted Managed Services DB2 M. Working Papers INFOR H.T.E. 1. All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Corpus Christi of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: a. United States Department of Housing and Urban Development, Page 8 of 12 b. U. S. General Accounting Office (GAO), c. Parties designated by the federal or state governments or by the City of Corpus Christi as part of an audit quality review process, and d. Auditors of entities of which the City of Corpus Christi is a sub -recipient of grant funds. 2. In addition, the Contractor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 3.3 Nature of Services Required A. The City of Corpus Christi desires the Contractor to express an opinion on the fair presentation of its basic financial statements. In conformity with auditing standards generally accepted in the United States of America as included in Statements on Auditing Standards, published by the American Institute of Certified Public Accountants on and Government Auditing Standards issued by the Comptroller General of the United States. The Contractor is required to report on compliance and internal control over financial reporting and is also required to audit the compliance of the City with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Compliance Supplement and/or the State of Texas Single Audit Circular that are applicable to each of its major federal and/or state programs. The Contractor is not required to audit the statistical section, introductory, or required supplementing information, of the report. B. The Contractor is required to issue an independent auditor's report on compliance and internal controls based on an audit of the basic financial statements performed in accordance with Government Auditing Standards, as well as an independent auditor's report on compliance with requirements applicable to each major program and internal control over compliance in accordance with Uniformed Guidance and State of Texas Single Audit Circular. 3.3 Requirements Following the completion of the audit of the fiscal year's financial statements, the Contractor shall issue: Page 9 of 12 A. A report on the fair presentation of the financial statements in conformity with the accounting principles generally accepted in the United States of America, including an opinion on the fair presentation of the supplementary schedule of expenditures of federal awards in relation to the audited financial statements. B. A report on compliance and internal control over financial reporting based on an audit of the basic financial statements conducted in accordance with Government Auditing Standards. C. A report on compliance and internal control over compliance applicable to each major federal program and each major state program. D. The Contractor shall communicate in a letter to management any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency or material weakness in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. E. The report on compliance and internal controls shall include all material instances of noncompliance with laws, contracts regulations, grant agreements which could have a direct and material impact on the financial statements. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls. F. Irregularities and Illegal Acts. The Contractor shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager and Audit Committee who will report to the City Council. G. During the term of the engagement, the Contractor shall assure themselves that the City Council through the Audit Committee is informed of each of the following: 1. The Contractor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates Page 10 of 12 4. Significant audit adjustments 5. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management 9. Difficulties encountered in performing the audit 3.4 Special Considerations A. The City of Corpus Christi will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the Contractor will be required to provide special assistance to the City of Corpus Christi to meet the requirements of that program. B. The City of Corpus Christi currently anticipates it will prepare one or more official statements per year in connection with the sale of debt securities which will contain the government -wide financial statements and the Contractor's audit report thereon. The Contractor shall be required, if requested by the financial advisor and/or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters." The Contractor as the audit firm performs agreed upon procedures with respect to the City's computation of pro forma annual debt service coverage and provides a certificate to that effect. The cost for these reports is estimated to be $ 4,500 to $6,000. C. The United States Department of Housing and Urban Development was the City's oversight agency, for fiscal year ending September 30, 2014, in accordance with the provisions of the Single Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. D. The Schedule of Expenditures of Federal Awards and related Contractor's auditor report, as well as the reports on compliance and internal controls, are to be issued as part of the CAFR. Page 11 of 12 E. A list of findings and other internal control weaknesses from the City of Corpus Christi's financial statement audit is to be issued. F. Beginning in 2016, the CAFR will show comparatives in the financial statements. This will require individual financial statements for Internal Service funds and Enterprise funds in order to show the comparatives. G. A separate agreed-upon procedures engagement will be required annually related to the City's financial assurances to the Texas Commission on Environmental Quality required by the Texas Administrative Code Title 30, Part 1, Chapter 37. Page 12 of 12 Attachment B: Contractor's Billing Schedule City of Corpus Christi Billing Schedule 2016 2017 2018 *Total Fee (3 years $565,000) $ 183,000 $ 188,000 $ 194,000 Initial Planning Procedures July / Aug. 18,000 18,500 19,400 Interim Fieldwork & Single Audit October 82,000 84,000 86,500 Year -End Fieldwork Dec. / Jan. 69,000 71,200 73,500 Quality Control Procedures Feb. 9,000 9,200 9,400 Review of CAFR March 5,000 5,100 5,200 * The bond examination reports/statements or comfort letters is a separate cost from the above fee schedule. The cost range of any reports or letters is estimated $4,500-$6,000 and shall not exceed the allocated allowance of $36,000 for bond examination reports/statements and comfort letters that may be requested by the City during the term of this Agreement. Page 1 of 5 Attachment C: Insurance Requirements I. FINANCIAL AUDITOR'S LIABILITY INSURANCE A. Financial Auditor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Financial Auditor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Financial Auditor must furnish to the City's Risk Manager and Director of Finance. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit Or State of Texas Minimum Limits for personal or rental autos. Page 2 of 5 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Financial Auditor 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, Financial Auditor 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 Financial Auditor will be promptly met. An All States Endorsement shall be required if Financial Auditor is not domiciled in the State of Texas. B. Financial Auditor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Financial Auditor'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. Financial Auditor 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 Financial Auditor or as requested by the City. Financial Auditor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: Page 3 of 5 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Financial Auditor 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, Financial Auditor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Financial Auditor'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 Financial Auditor'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 Financial Auditor to stop work hereunder, and/or withhold any payment(s) which become due to Financial Auditor hereunder until Financial Auditor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Financial Auditor may be held responsible for payments of Page 4 of 5 damages to persons or property resulting from Financial Auditor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Financial Auditor'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. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Finance Department Professional Financial Auditing Services 7/17/2015 ds Risk Management Page 5 of 5 Attachment D: Contractor's Proposal S&Co. Padgett Stratemann City of Corpus Christi Request for Qualifications — Event No. 66 Professional Auditing Services Submitted by: Marc Sewell, Partner 100 NE Loop 410, Suite 1100 San Antonio, Texas 78216 210-828-6281 marc.sewell@padgett-cpa.com December 4, 2015 Ps&co. December 4, 2015 Padgett Stratemann Ms. Lydia Juarez, Sr. Buyer City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Ms. Juarez: Thank you for the opportunity to present our statement of interest and qualifications to provide audit services to the City of Corpus Christi (the "City") for the year ending September 30, 2016, with the option to renew this contract for two additional one-year periods. We strive to provide our clients with Service - More than Expected and will elaborate more on this mission throughout this proposal. Since 1945, Padgett, Stratemann & Co., L.L.P. ("PS&Co.") has served clients in San Antonio and surrounding Texas areas. Approximately 200 team members strive each day to exceed our clients' expectations by offering trusted financial and business advice and quality service. Professionalism and commitment to excellence is built into every relationship, every service, every time. We have prepared and arranged this qualifications statement in accordance with the selection criteria described in your request. We are confident PS&Co. is the right choice to deliver upon your expectations. Team Experience We have assembled your PS&Co. team with an emphasis on technical and interpersonal skills that are a good fit for the City and its management team. Our public sector niche currently provides audit services for a number of central and south Texas area government agencies. Our dedicated public sector professionals have extensive experience in this area. Our goal is to become your trusted advisor on accounting matters. We have also teamed up with a local accounting firm, Ernest R. Garza and Company, P.C. ("Ernest R. Garza"), which also has significant experience serving governments. Ernest R. Garza is a certified Historically Underutilized Business and will be an integral part of the team. PS&Co. will be the prime - contractor firm and will supervise and review all work performed by the subcontractor firm of Ernest R. Garza. PS&Co. has significant experience working with HUB firms and provides access to our electronic workpaper and audit system which includes training and supervision and technical support. PS&Co. will be the prime -contractor firm at 60% of the audit fee and Ernest R. Garza will be the subcontractor firm at 40% of the audit fee. AUSTIN 811 BARTON SPRINGS ROAD, SUITE 550 AUSTIN, TEXAS 78704 512 476 0717 HOUSTON SAN ANTONIO 1980 POST OAK BOULEVARD, SUITE 1500 100 N.E. LOOP 410, SUITE 1100 TOLL FREE: 800 879 4966 HOUSTON, TEXAS 77056 SAN ANTONIO, TEXAS 78216 WEB: PADGETT-CPA.COM 800 879 4966 210 828 6281 Ms. Lydia Juarez, Sr. Buyer City of Corpus Christi Corpus Christi, Texas December 4, 2015 — page 2 Team Leader Involvement I will serve as the engagement partner for all services to the City. I have over 17 years of public accounting and industry experience, primarily servicing public sector entities. I will be heavily involved in the audit process. Ashley Alejos will be your audit manager. She has over six years of experience and will oversee and coordinate the audit process and will review all work by team members on site. We have enclosed a service team overview as a part of our qualifications statement. Relationship We believe our business depends heavily on relationships to build a successful and growing organization. We are committed to do the following to continually build our relationship with you and earn the right to be your trusted advisor. Communication — Meet periodically with City personnel to share planning ideas and receive feedback on our services. Routine accounting support/inquiries are not billed unless significant time and effort is required. Proactive Service — Continually search for new ideas and concepts that will add value to the City. Review upcoming accounting pronouncements applicable to the Authority and communicate to management. Efficiency and Timing You should expect audit services to be provided in an efficient and timely manner. Our audit process, technology, and firm resources enable us to meet your expectations and contain costs. First, our "lights out" approach means we will complete our review process in the field which allows us to deliver the results of the audit at the completion of audit fieldwork. Second, we utilize the latest technology to complete audits effectively and efficiently. Audit documentation is maintained on a paperless software system which provides all audit team members real time access to the workpapers. Third, PS&Co. has over 75 dedicated professionals in its audit department. The benefit to you is an efficient audit, performed by experienced professionals who can provide value-added recommendations. Timely Resources We will provide our PS&Co. newsletters, seminars, and e-mail news on current tax, audit, accounting, and human resource issues. In addition, we commit to meet with you on a regular basis to share planning opportunities and learn more about your business. Management Letter Recommendations If we identify any suggestions for improvement during our audit, we will deliver a management letter with recommendations. Ps&co. 1 Ms. Lydia Juarez, Sr. Buyer City of Corpus Christi Corpus Christi, Texas December 4, 2015 — page 3 Value -Added Seminars Through the year we offer a variety of continuing education seminars on topics of current interest related to audit, accounting, tax, and human resource matters, including industry -specific seminars, to clients and friends of the firm. Seminars are presented by PS&Co. business professionals. Additional Value -Added Services PS&Co. is a full service CPA firm. As the second largest CPA firm in San Antonio and the largest independently -owned CPA firm in Central and South Texas, we have the right team to meet your every need. We also offer the following services should the need arise: • Strategic Planning & Retreat Facilitation • Tax Planning & Consulting • Workforce Solutions, including recruiting key employees, human resource diagnostic reviews, and human resource outsourcing National Firm Strength with a Local Firm Service Philosophy As a member of the McGladrey Alliance we are able to offer our clients the strength of a national firm while maintaining the benefits of an independently owned local firm. The McGladrey Alliance is a business of RSM US LLP, the fifth largest U.S. professional services firm and a leading provider of assurance, tax, and consulting services. Our alliance membership provides us the opportunity to learn best practices from other not-for-profit agencies throughout our nation, in addition to having access to RSM US LLP's national resources in consulting, information technology, auditing, continuing education, and industry -specific training. Information Technology Security PS&Co. has implemented state-of-the-art information technology security to protect the information of its clients and the firm. We have included a white paper, as Exhibit 4, on our Secure Padgett Portal Solution. The City and PS&Co. can use the Secure Portal to safely and effectively transmit data files. The Secure Portal has been tested by a leading supplier of IT security and uses SSL encryption that automatically steps up a user's browser to the highest level of passable encryption, including stepping old 40 -bit Netscape and IE browsers to 128 -bit encryption. In addition, the solution we have developed has achieved United States Department of Defense 5015.2 certification for managing records and documents. Ps&co. 1 Ms. Lydia Juarez, Sr. Buyer City of Corpus Christi Corpus Christi, Texas December 4, 2015 — page 4 Certificate of Achievement Program The Government Finance Officers Association ("GFOA") awards a certificate to entities whose annual financial reports are equal to or exceed the established reporting standards. This recognition, considered by rating organizations when rating new bond issues, indicates the highest standards of reporting have been met. A number of our clients have earned this prestige with our assistance, which has allowed our firm to become thoroughly familiar with the requirements. Additionally, our service team will include a member of the Special Review Committee for GFOA. AICPA Governmental Audit Quality Center PS&Co. is a voluntary member of the Governmental Audit Quality Center (the "Center") established by the American Institute of Certified Public Accountants ("AICPA"). PS&Co.'s membership in the Center demonstrates the firm's commitment to audit quality in the critical area of governmental audits. PS&Co. is committed to the governmental sector and the Center's strict membership requirements. Additionally, Ernest R. Garza is also a volunteering member of the Center. Acknowledgement of Addendum: We acknowledge that we have received and considered all addendums to the RFQ. We received the addendum dated November 23, 2015 and the City's response to questions dated November 20, 2015. Our office is located at 100 NE Loop 410, Suite 1100, San Antonio, Texas 78216. All the services you have requested will be managed from this location. If you have any questions regarding this proposal or the services offered by PS&Co., please feel free to contact us at 210.828.6281 or fax us at 210.826.8606. I am authorized to obligate PS&Co. in contracts for the firm. This proposal is a firm and irrevocable offer for a period of 60 days subsequent to December 4, 2015. Our proposal is contingent upon the satisfactory completion of our routine due diligence procedures for all new engagements. Sincerely, 61606 S6,6426/4 Marc Sewell, CPA Partner MDS:cmh Ps&co. 1 Table of Contents -5- Page Letter of Transmittal 1 Table of Contents 5 A. City of Corpus Christi Disclosure of Interest 6 B. City of Corpus Christi Business Designation Form 10 C. Technical Solution 12 D. Firm Profile and Qualifications 22 E. Exhibits Exhibit 1— Firm History Exhibit 2 —Top Southwest Firms and Largest San Antonio Accounting Firms Exhibit 3 — Peer Review Letter Exhibit 4 — Padgett Secure Client Portal Solution Exhibit 5 — Primary Service Team Continuing Education Schedule Exhibit 6—Team Member Resumes Exhibit 7 — Subcontractor Firm HUB Certificate Exhibit 8 — Subcontractor Firm Profile Exhibit 9 — Exceptions Ps&co. A. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST ps co. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION ATTACHMENT F 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: Padgett, Stratemann & Co., L.L.P. STREET ADDRESS: 100 NE Loop 410, Suite 1100 P.O. BOX: CITY: San Antonio STATE: Texas ZIP: 78216 FIRM IS: 1. Corporation ❑ 2. Partnership R( 3. Sole Owner ❑ 4. Association ❑ 5, Other ❑ 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 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 -6 - 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: Signature of Certifying Person: Marc Sewell Title: Partner Date: DEFINITIONS December 2, 2015 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 or a 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. -7- SUPPLIER NUMBER TO BE ASSIGNED BY-CITY- =- YCITY- = PURCHASING DIVISION City of Corpus Christi ATTACHMENT 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: /4ltfi , a pt. STREET ADDRESS: /QZI%/ / %V ,rI 41 P.O. BOX: CITY: aAlgl Cv-/v/7/ STATE: ( ZIP: 7n/70 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other 0 If additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm," Name Consultant -8- 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: Signature of Certifying Person: Title: Date: DEFINITIONS //0/O,r . Il/2 /S" 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 or a 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. -9- "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. B. CITY OF CORPUS CHRISTI BUSINESS DESIGNATION FORM ps co. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES [T NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN ❑ VETERAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.us/procurement/prog/hub/ ❑ YES NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑ YES ❑ NO OTHER (PLEASE SPECIFY): THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: 66 Firm Name: Padgett, Stratemann & Co., L.L.P. Telephone: 210-828-6281 Ext. 1506 Address: 100 NE Loop 410, Suite 1100 Fax: 210-826-8606 City: San Antonio State: Texas Zip:78216- E-mail: marc.sewell a(�,padgett-cpa.com Ow& Signature of Person Authorized to Sign Form Signer's Name: Marc Sewell (Please print or type) - 10 - Date: Title: December 2, 2015 Partner CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: 'ES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK RthSPANIC ❑ NATIVE AMERICAN ❑ WOMAN ❑ VETERAN Please visit the following website for information on becoming a Texas Certified HUB: htt.://www.window.state_tx.us/ rocurement/ ro • ub/ ES [ NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑ YES [ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: Firm Name: "i ej r/Z, 6�(t 4-- Ld, ec r�91 //w/ /y/640 l T State: Zip:/*) Address: City: Signature o erson ed to Sign Form Signer's Name: i 6S7 fl- l4z / Q (Please print or type) -11- Telephone: 3 6/ -'f12'ff Ext, Fax: E-mail: Date: Title: C. TECHNICAL SOLUTION 1. Understanding of the Services We will conduct the audit of the City of Corpus Christi for the fiscal years ending September 30, 2016, 2017 and 2018. The audit will be performed in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB), Uniform Guidance for Federal Awards, OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and/or the State of Texas Single Audit Circular, as applicable. The audit will be completed no later than 6 months after the fiscal year end unless another date is mutually agreed upon. We are proposing under Option 1 (Section 3.1 B. 1.) of the RFQ. We have read Section 3 — Scope of Work of the RFQ and understand the scope of work. As part of our audit we will issue the following reports — a. A report on the fair presentation of the financial statements in conformity with the accounting principles generally accepted in the United States of America, including an opinion on the fair presentation of the supplementary information in relation to the audited financial statements as required by federal/state requirements or GFOA. b. A report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements in accordance with Government Auditing Standards. c. A report on compliance for each major federal and state program and on internal control over compliance in accordance with OMB Circular A-133, Uniform Guidance for Federal Awards, and Texas Singe Audit Circular, as applicable. d. A schedule of findings and questioned costs for federal and state grants. e. A Report on the Conduct of Audit that includes the required communication to those charged with governance in accordance with AU Section 260, The Auditors Communication with Those Charged with Governance. This report also contains communication of material weakness or significant deficiencies in internal control as required by AU Section 265, Communication Internal Control Related Matters Identified in an Audit. f. A Management Letter that will include other internal control matters, immaterial items of non- compliance and best practice recommendations. g. - 12 - Discovery of Fraud, Noncompliance with Provisions of Laws, Regulations, Contracts, and Grant Agreements, and Abuse will be communicated in accordance with Government Auditing Standards, Chapter 4, Standards for Financial Audits and well as the requirements included in the AISCP Auditing Standards Codification. Ps&co. C. TECHNICAL SOLUTION We understand the City prepares a comprehensive annual financial report that is submitted to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. We agree to provide technical assistance in responding to previous year's questions and any other technical matters related to this program. Additionally, a member of the engagement team reviews CAFR's as part of the Special Review Committee. We also understand the City expects to issue official statements related to the sale of debt securities and may need the auditors to provide certain reports in conjunction with these debt issuances. Furthermore, we understand that an agreed-upon procedures engagement will be required annually related to the City's financial assurances to the Texas Commission on Environmental Quality required by the Texas Administrative Code Title 30, Part 1, Chapter 37. Additionally, PS&Co. confirms our response to the minimum requirements included in Section 3.4 of the RFQ as follow. - 13 - Minimum Requirement Response 1. At least 3 CPA's employed by the office that will handle the City's audit. Yes 2. Must have an affiliation with a nationwide association of CPA firms upon which to draw resources and expertise. Yes 3. Minimum of 5 current municipal or other local government audit clients, of which at least 3 clients are comparable in size and complexity with the City of Corpus Christi as noted in Section 3.6, that have at least the same number and types of funds, that have applied for and received GFOA Certificate of Achievement for Excellence in Financial Reporting Program in the past 2 years. At least 1 of the clients that have received the GFOA Certificate of Achievement for Excellence in Financial Reporting Program must have had a total of at least $500 million in the certificate application, Section IV: Fee Calculation. Yes 4. Minimum of 1 current or former client with grant expenditures of at least $20 million on the Schedule of Federal/State Expenditures in each of the last 2 years during which they were Responder's client. Yes ps&co. C. TECHNICAL SOLUTION 2. Technical Plan Clients expect the services provided by their professional accounting firm to go beyond financial statements. We understand the needs and expectations of our clients and welcome the opportunity to serve not only as auditors and accountants, but also as business advisors. As part of our commitment to client service, we developed a business advisory approach to audit services. Our business advisory approach emphasizes looking beyond the accounting entries to the underlying transactions and business systems. Throughout our audit planning processes, we place substantial emphasis on the need to thoroughly understand your operations and your fundamental business strategies. Although our primary objective is to provide an opinion on the financial statements, we are interested in your growth, profitability and overall success. Our audit approach is designed so you can expect us to contribute recommendations about your internal controls, operating and accounting procedures, and other important matters. We believe one of the keys to an efficient and quality audit is to spend a considerable amount of time up- front planning and communicating with our clients. This up -front process includes identifying audit strategies and accounting issues. Equally important, we provide your people with an understanding of what is expected from them to minimize disruptions during their internal work schedules and to eliminate surprises. A. Effective Communication We recognize the necessity to cooperate and communicate both closely and regularly with your accounting staff and management during the audit process. From the preliminary audit planning work through delivery of the reports and presentation of the management letter, we maintain open communication. We are committed to frequent communication with management and the Board or audit committee throughout the year to help avoid last minute complications and continue to gain knowledge regarding your unique operations. In order to ensure this type of communication takes place, we will meet with you and other members of your management team on a quarterly basis with an open agenda. These meetings are designed to discuss operational matters which should be identified prior to year-end. As our client, you receive a variety of technical and advisory publications intended to provide you helpful business advice, including information about current events and changes in laws and regulations. We also offer information about recent accounting or auditing changes, such as summaries of new GASB statements, Statements of Position, and other authoritative pronouncements. We spend time, either on- site or telephonically, helping you better understand how this new information affects your organization. We do not charge you for these newsletters and general business and technical information. - 14 - ps&co. C. TECHNICAL SOLUTION 2. Technical Plan (continued) B. Audit Risk Analysis One of the most important aspects of the audit process is the proper analysis of your risk environment. Because we work primarily with various governmental organizations, we define risk based on the organization's operations. We work with your senior management to complete a risk assessment of the business activities of your organization in order to determine how audit resources can be used in a cost- effective and efficient manner without sacrificing quality. The design of our audit approach and risk assessment process meaningfully incorporates the involvement of your management team. Incorporating what you deem as key business risks, the information and areas of focus of the audit become consistent with what is already emphasized within your organization. C. Internal Controls in the Audit Process The internal control structure consists of five elements: the control environment, risk assessment, control activities, information and communication, and monitoring. As part of the audit process, we strive to understand each of the five elements by performing procedures to determine the design of policies and procedures and resolve whether or not they have been placed in operation. Effective internal controls help to avoid errors and fraud, as well as safeguarding your assets and ensuring you are in compliance with current laws. They are equally important for helping to ensure reliable and accurate financial statements. Ultimately, what a transparent and sound system of internal controls delivers is improved communication and trust. The public will gain a greater sense that their tax dollars are going to the intended purpose and that your organization's mission is being achieved. Your benefit, as a member of a public organization, is resting assured you are doing all you can to maximize your organization's potential. People affect internal control. It's not merely policy manuals and forms, but individuals at every level of an organization. Under SAS 99, we will gather and consider information to assess fraud risk. The new SAS provides expanded guidance on evaluating this information and identifying the risks that may result in a material misstatement due to fraud. Information gathered during our audit process is communicated to management and the Board in an effort to assist you in effectively governing risk. We develop and document procedures that help us understand the internal control structure of your organization, including the following: • Inquiries of appropriate management, supervisory, and staff personnel • Inspection of the City documents and records • Observations of the City activities and operations The extent of inquiry, inspection, and observation procedures vary depending upon the size and complexity of the City internal control structure. -15- ps&Co. C. TECHNICAL SOLUTION 2. Technical Plan (continued) D. Timing of the Audit We establish a schedule to complete your audit in a timely manner, and within the deadlines outlined in your request for proposal with minimal interruption to your staff. Our tailored work plan has a strong emphasis on early planning. It focuses on your organization and how it functions. This enables us to identify key components and tailor our procedures to the unique aspects of your organization. With early planning and dedicated staff, we are able to respond to your needs and requests in a timely fashion. E. Information Technology System Information technology is an integral part of your entire operational system. Our evaluation of the internal control structure extends to your information technology system. We make substantial efforts to extend computer literacy to our entire professional staff. Our team is able to understand, document, and evaluate controls in computerized environments and work with your IT specialists to better understand the implications of your organizations systems. F. Computerized -Assisted Audit Techniques We developed several computer-based audit tools and techniques so you can expect, whenever possible, that we will request and utilize electronic copies of your records. Not only are electronic records typically easier to provide than a hard copy, but they also allow us to perform fewer manual procedures, thereby improving the efficiencies of your audit. In fact, we have converted all of our audit clients to a paperless approach. Under this approach, we maintain audit -related records in a secure electronic database. G. Preplanning The first step in an audit is the preplanning process. This consists of a meeting with senior management and the appropriate Board or audit committee member to clearly identify the lines of communication, perform a risk analysis, discuss concerns or issues, and set expectations. This includes establishing a preliminary timetable to ensure all of the following steps are performed seamlessly and memorialized in an expectation letter, which specifically identifies the audit fieldwork, meeting, and statement delivery dates. H. Planning and Timing The next step is to develop the audit plan. This includes tailoring every audit program and procedure to your organization's specific need, and providing you with a list of schedules, as well as the exact timing of all preliminary and final fieldwork, and performing certain analytical procedures prior to the audit date - ensuring that every risk is identified and addressed. And for those engagements that require it, we developed - from the McGladrey Alliance governmental audit program, specialized programs tailored for clients that include financial, compliance, and internal control requirements. - 16 - ps&co. C. TECHNICAL SOLUTION 2. Technical Plan (continued) I. Fieldwork Fieldwork is the largest part of the audit process and consists of substantive audit tests, such as confirmation work and analytical review, and variance analysis. At the conclusion of the preliminary and final fieldwork, we discuss with senior management and the appropriate levels of your Board or audit committee the results and recommendations offered by our firm based upon our findings. J. Resolution of Accounting Issues During the course of an engagement, our approach to issue resolution regarding management's recording, presentation of an accounting transaction, or application of a new accounting standard is as follows: Proactive Approach Because our approach to every engagement includes regular meetings with management to review monthly or quarterly financial information, we become aware of any accounting related issues early in the process. Rather than analyzing how management recorded or presented an accounting transaction after the fact, we assist management with their decision-making process as each accounting issue arises. Understanding Your Organization Most accounting issues arise from a misunderstanding of facts, circumstances, and complexities unique to each organization and its industry. Because we take a business advisory approach to auditing, we believe we are better equipped to understand the issues surrounding management's position on accounting and reporting matters. K. Management Letter Philosophy Our Approach To Preparing Management Letters As with any client service project, proper planning is essential in generating good comments within a management letter. Our client service teams meet periodically to discuss opportunities to provide business advice to each of our clients, as well as to plan for the delivery of compliance services. Our goal is to not only meet but exceed every client's expectations. Generating Points For Management Letters During the audit, each engagement team understands they have a responsibility to generate ideas that may be used in the management advice letter. The planning sessions discussed in Our Approach to Preparing Management Letters is in place to guide our team members towards the areas with the greatest amount of process improvement opportunity for each client. - 17 - • Problems Noted During The Audit — The engagement partner and manager encourage staff to identify potential issues and opportunities. The engagement team understands the need to record pertinent information and is instructed to investigate, with the appropriate client supervisory personnel, any problems or concerns noted on the engagement. It is important that all ideas be documented and the judgment on materiality be made later. Our expertise has taught us that small problems may be an indicator for greater ones. ps&co. C. TECHNICAL SOLUTION 2. Technical Plan (continued) K. Management Letter Philosophy (continued) Generating Points For Management Letters (continued) • Industry Information And Statistics — Understanding a client's needs and industry is vital for audit effectiveness. Industry specialization allows us to effectively identify and offer solutions to problems confronting each specific industry. • Discussions With Client Service Team Members —The entire engagement team will attend a wrap-up conference to review ideas and develop the basis for our management letter. Communication Of Management Letter Comments Our main objective is to effectively communicate our recommendations to every client. Our approach is to accumulate comments and observations throughout the engagement, so that management has access to our in-depth experience. Our findings will be discussed with key personnel as significant matters are identified. At the end of our field work, a management letter is drafted and reviewed with your management team to ensure accuracy of the factual circumstances. Prior to the release of the management letter it is subjected to the same quality review process as the remainder of the firm's audit reports. - 18 - ps co. C. TECHNICAL SOLUTION Below is a projected timeline for the audit of the City, upon award, PS&Co. and the City will work together to mutually develop a timeline and milestones to complete the audit within the timeline of the City. ACTIVITY LEVEL OF RESPONSIBLE STAFF Engagement letter to the City Council Planning, scheduling, conferences, and other administration Document internal control systems, including risk and fraud analysis Identify federal/state program and requirements Perform major systems walk through Design detail audit plan Perform and review interim fieldwork including compliance audit procedures Perform and review final fieldwork Partner/Manager/ Subcontractor/Senior/Sta Partner IPartner/Manager/Senior Manager/Senior/Staff Manager/Senior .il Senior/Staff Partner/Manager/ Subcontractor/Senior/Staff Perform internal quality review process Hold exit conference and discuss audit adjustments to financial statements and management letter findings Review draft CAFR and Compliance Report Deliver management letter Review draft CAFR and Compliance Report with the City Council and other members of management Conclude final quality control procedures Complete final review of the CAFR and Compliance Report Present CAFR and Compliance Report to the City Council 1 Partner/Manager Partner/Manager/Senior Partner/Manager Partner/Manager Partner/Manager/Senior Partner/Manager DATE July Hours 4 August August August August August August December/ January January/ February February February February March March March March 30 24 350 40 40 8 20 Total 1,600 -19- Ps&co.l C. TECHNICAL SOLUTION 3. Expected City Resources We expect the City to prepare requested audit schedules, pull requested documentation, provide responses to our inquires, and prepare the CAFR. We expect to perform interim fieldwork and therefore will need some information before the end of the fiscal year. 4. Hours Required by City Staff Currently, we do not anticipate requiring any direct assistance from the City auditor's office. Any additional hours required by the City would be limited to those disclosed in Item 3 in this section. 5. Quality Control Process for the CAFR Audit quality is one of our primary focuses. As part of our audit quality process we invest a significant amount of resources on reviewing the CAFR. Below is a highlight of our CAFR review process — a. All engagements are assigned a second partner reviewer. This partner is independent from the engagement team and one of their primary focuses is to review all issues reports for quality and compliance with accounting and reporting requirements. b. As part of this engagement we have identified Kevin Smith a government audit partner from McGladrey (our national affiliate) to provide a review of the CAFR of the City. Kevin performs a similar role for us at the City of San Antonio. c. The audit partner, audit manager and audit senior all perform a review of the CAFR. As part of this process the CAFR is tied out to the trial balance, workpapers, and a disclosure checklist is completed (both our internal check list and the GFOA checklist). d. The audit partner for this engagement is a member of the Special Review Committee for GFOA. The engagement team assigned primarily works with governments, the vast majority of their continuing professional education is related to governments and their complex reporting requirements. Additionally, the firm is a member of the AICPA and, as such, complies with the requirements set forth by the AICPA's Peer Review Program. In addition to the quality control review requirements set forth by the AICPA, we have an existing in-house quality control program based upon the AICPA standards for quality control for public accounting firms. We have met all quality review requirements and received an unqualified opinion on our peer review dated October 2, 2014. We are required to have these reviews every three years. A copy of the peer review report is attached as Exhibit 3. - 20 - ps&co. C. TECHNICAL SOLUTION 6. Consultation on Accounting and Other Technical Matters Consultations on accounting and technical matters that require 1 to 2 hours are included within the fee of this engagement. We have found that regular communication regarding these items throughout the year adds to the efficiency of the audit process and therefore are not billed separately. More complex matters that require extensive research or additional work will be discussed with the City and determine the impact, if any, on the overall engagement fee. We will discuss this with the City before any work has been started. 7. Continued Professional Education for City Staff From time to time when either new GASBs are issued that are significant or complex, or there are other changes to other requirements that have a significant impact on our clients we will host complementary continuing education training. Over the past year we have hosted two different sessions covering the new pension requirements and the changes to federal single audit requirements. Additionally, our audit partners and managers are frequent presenters for various trade associations and other groups. 8. Software Used in Processing the CAFR Not Applicable — We are proposing under Option 1 included in Section 3.1 B. 1. of the RFQ, and therefore not preparing the CAFR. 9. Other Information Additional information not specifically requested by the request for proposal, but that should be considered in your review of our proposal, is included in the Exhibits section of this proposal and listed in the table of contents, accordingly. 10. Concluded Remarks We have prepared this proposal according to the format and instructions included in the request for proposals to facilitate your review. However, if you need additional information or have any questions about information included in this proposal, please do not hesitate to contact us for clarification. -21- ps&Co. D. FIRM PROFILE AND QUALIFICATIONS 1. Firm's Experience Government organizations and utilities are striving for greater levels of transparency. It has become increasingly important for a range of publically-owned organizations and cooperatives to clearly articulate where they are allocating resources. For organizations in this sector to thrive, clear and comprehensive financial reporting is critical. PS&Co. and its assurance team have served the government sector for decades with a host of financial and consulting services designed to ensure clarity in reporting. With many government entities focused on an enterprise -style financial management strategy, it is important to have a team with real-world experience in the complex and regulated government sector. Our Services Depth Of the 180 firm team members, approximately 40 service governmental organizations each year Technical Our team members serve as instructors of accounting and reporting technical updates for various governmental trade organizations Audit Quality Member of the AICPA Governmental Audit Quality Center Service Diversification Over 50 public sector clients take advantage of our One Stop Resource Center Training Our team members average more than 40 hours of CE per year due to our national, local, and in-house training programs National Resources An Independently Owned Member MCGLADREY ALLIANCE McGladrey Government and Utility Experience and Expertise • Local municipalities — cities and special purpose governments • Independent school districts and community colleges • River authorities and water districts • Utilities (power/electric and water) and cooperatives • Federal and state agencies • Public employee retirement systems - 22 - Governmental Industry Member of the Special Review Committee for the GFOA's Certificate of Achievement for Excellence in Financial Reporting ("CAFR) program. We perform several CAFR reviews annually. ps&ca � D. FIRM PROFILE AND QUALIFICATIONS 1. Firm's Experience (continued) One-stop Resource Center Accounting and Auditing Services • Assurance services, including OMB A-133 Circular federal compliance audits • Internal control process reviews • Operational performance audits • Employee benefit plan audits • Special projects or agreed-upon procedures • Accounting Solutions Group • Bookkeeping • Outsourced accounting Consulting and Other Services • Mergers and acquisitions • Business valuation • Human Resources Consulting Group • Strategic planning 2. Total Audit Clients PS&Co. provided audit services to approximately 350 clients through our San Antonio, Austin, and Houston offices in calendar year 2014. 3. Municipal and Other Government Clients PS&Co. provided audit services to approximately 55+ municipalities and other local governments in calendar year 2014. Below is a partial list of clients we currently provide audit and other services similar to the nature and scope of services which are requested by the City. Experience Servicing Local Municipalities — Cities and Special Purpose Governments • Alamo Regional Mobility Authority • Brooks Development Authority • Capital Metro • Central Texas Regional Mobility Authority • City of Austin (consulting and other special engagements only) • City of Boerne • City of Buda • City of Kyle -23- PS&Co. D. FIRM PROFILE AND QUALIFICATIONS 3. Municipal and Other Government Clients (continued) Experience Servicing Local Municipalities — Cities and Special Purpose Governments (continued) • City of McAllen • City of San Antonio • Port Authority of San Antonio • San Antonio Housing Authority • VIA Metropolitan Transit Experience Servicing Community Colleges and Independent School Districts • Austin Community College District • Austin Independent School District • Comal Independent School District • Dripping Springs Independent School District • Floresville Independent School District • Fort Sam Houston Independent School District • Lackland Independent School District • Northside Independent School District • Randolph Field Independent School District • Southside Independent School District Experience and Qualifications Servicing River Authorities, Water Districts, Utilities, and Cooperatives • Brazos River Authority • City of Boerne Utilities • East Medina County Special Utility District • Guadalupe Valley Electric Cooperative • Kerrville Public Utility Board • Lavaca-Navidad River Authority • McAllen Public Utilities • Nueces River Authority • San Antonio River Authority • San Antonio Water System • Travis County ESD No. 2 • Travis County WCID No. 19 - 24 - ps&co. D. FIRM PROFILE AND QUALIFICATIONS 3. Municipal and Other Government Clients (continued) Experience Servicing Federal and State Agency Programs • HQ Air Force Services Agency • State Bar of Texas • Texas Higher Education Coordinating Board • Texas Local Government Investment Pool • Texas Local Government Investment Pool Prime • Texas Treasury Safekeeping Trust Company • Tobacco Settlement Permanent Trust Experience Servicing Public Employee Retirement Systems • City of McAllen Firemen Retirement Plan • CPS Energy Pension; Health; Life; and Disability Plans • Retirement Plan for the Employees of Brazos River Authority • San Antonio Housing Authority Pension Plan and Trust • VIA Metropolitan Transit Retirement Plan 4. Clients Gained/Lost Last Two Years — Government Over the last two years, PS&Co. lost four government clients due to the normal bidding process and has won five government audit clients over the same period. Additionally, PS&Co. successfully won seven government re -bids of existing clients over the last two years. 5. Disciplinary Action PS&Co. has not had any disciplinary action imposed on the firm by the AICPA, State Board, or the State Society of SEC in the past five years. 6. Rotation and Training Currently we have four audit partners that serve the public sector which allows PS&Co. to rotate partners, if needed, to allow for a "fresh -look" perspective while still maintaining some continuity to the engagement team. Additionally, PS&Co. has eight audit managers that serve the public sector. Any rotation of key team members would discussed with our clients to ensure we have the right team in place to serve the needs of our clients. Our local office is approximately 150 individuals of which approximately 55 work in our audit department. We have not experienced any significant turnover in the past 24 months, the turnover would be considered routine turnover. Based on the size of our audit team including our public sector team we do not anticipate the need to replace staff assigned to this engagement. However, if such circumstances arise we believe our firm size and structure would allow us to identify another team member with direct industry experience which will allow us to meet your expectations. -25- ps&Co. D. FIRM PROFILE AND QUALIFICATIONS 7. Organizational Chart Overview The people selected to fill the roles of your client service team are vital to a successful audit. We have formed a team with the capabilities and experience we believe are indispensable for this engagement. This includes background in: • A variety of local government entities • The water utility industry • Large and small organizations with multiple functions and divisions • Sophisticated computer auditing and statistical sampling techniques • Full -scope audits encompassing management efficiency and economy, as well as financial matters • Accounting, auditing, and financial reporting principles applicable to local government entities Overall Engagement Partner — Marc Sewell, CPA In order to properly coordinate the services of the firm, Marc will have overall responsibility for all services performed for the City. Marc will be available to members of the City for technical consultation and information on the status of the engagement, special services required, and general business matters. Concurring Review Partner—Joel Perez, Jr., CPA As part of PS&Co.'s upgraded quality control policies and procedures, the proposed engagement team includes the services and assistance of a second independent partner. Joel will serve in the role of quality control partner and will be responsible for a second technical review. Further, he will provide an objective (healthy skepticism) review of the audit plan, fieldwork stage, as well as an audit and accounting review of the audit work papers and the financial statements. National Resource Partner — Kevin Smith, CPA (McGladrey) Kevin is an assurance partner with McGladrey. His role will be to assist the engagement team with high-end and complex technical matters, review and assess white papers prepared by the City, as well as perform a final technical review of the annual financial report, among others. Ernest R. Garza and Company, P.C. Ernest R. Garza will be a part of the overall engagement team and will be assigned various financial and compliance areas of the audit. They will be incorporated into the overall audit team and under the direct supervision of the PS&Co. supervisory team. Ernest R. Garza is a certified Historically Underutilized Business and is a local Corpus Christi business. Ernest R. Garza's team will serve in a significant role in the audit of the City and will include 40% of the audit fee. - 26 - ps co.l D. FIRM PROFILE AND QUALIFICATIONS 7. Organizational Chart (continued) Engagement Manager — Ashley Alejos, CPA Ashley will serve as manager on this engagement. As the manager, she will coordinate the activities of the professional team members assigned to the engagement, participate in planning and developing the overall audit approach, and monitor all phases of the audit to ensure timely completion. Ashley will manage the day-to-day performance and conduct of the audit of the City. Engagement Senior (Audit Field In -Charge) — Carla Contreras CPA Carla will serve as the audit senior on this engagement. As an audit senior, she will perform fieldwork under the direction of the manager. Her function will include gathering data, preparing analysis, and designing detailed tests. Carla will direct the day-to-day performance and conduct of the audit staff. Single Audit Manager — Michelle Hyde, CPA Michelle will serve as the audit manager for the single audit portion of this engagement. Single Audit Supervisor — Taylor Wightman, CPA Taylor will serve as the audit supervisor for the single audit portion of this engagement. As an audit supervisor, she will perform fieldwork under the direction of the manager. Her function will include gathering data, preparing analysis, and designing detailed tests. Taylor will direct the day-to-day performance and conduct of the audit staff. Internal Control and IT Specialist — Sundeep Bablani, CPA, CISA, CITP Sundeep will assist the audit team in reviewing computerized systems controls, and general access and security controls over information technology systems. -27- ps&Co. D. FIRM PROFILE AND QUALIFICATIONS 7. Organizational Chart (continued) Kevin Smith, CPA, Technical Reviewer Partner McGladrey • Role: Kevin will perform an independent review of CAFR. Kevin will also act in technical support capacities. Ernest R. Garza, Partner Ernest R. Garza and Company, P.C. (Subcontractor at 40%) • Role: To perform various aspects of the financial and compliance audits under the supervision and review of PS&Co. L _ - 28 - Marc Sewell, CPA, Overall Engagement Partner Padgett, Stratemann & Co., L.L.P. • Role: To lead and coordinate all audit activities and responsibilities. Will serve as the main contact for the City. 1 1 Ashley Alejos, CPA, Engagement Manager Michelle Hyde, CPA, Resource Single Audit Manager Padgett, Stratemann & Co., L.L.P. • Role: Ashley will manage the activities of the professional team members and assist in planning, developing, and executing the audit approach. Michelle will assist with the single audit. 1 1 ■ 1 Carla Contreras, CPA, In -Charge Auditor Taylor Wightman, CPA, Single Audit Supervising Senior Padgett, Stratemann & Co., L.L.P. • Roles: Carla will be the primary fieldwork contact for the audit engagement and will be the in -charge over audit staff. Taylor will lead the single audit portion. Ernest R. Garza and Company, P.C. (Subcontractor at 40%) Audit Staff Joel Perez, Jr., CPA, Concurring Reviewer Partner n��lgett, Stratemann R. Co., 1 ID • Role: To serve as quality control partner. Will also direct the planning and development of the single audit portion of the engagement. r IT Specialists Sundeep Bablani, IT Manager Padgett, Stratemann & Co., L.L.P. • Rale: To work with the audit team to integrate effective IT auditing strategies and procedures. J Padgett, Stratemann & Co., L.L.P. Audit Staff ps&c..1 D. FIRM PROFILE AND QUALIFICATIONS 8. Office Location/Resumes PS&Co. will staff this engagement from our San Antonio office and Ernest R. Garza will staff this engagement from their Corpus Christi office. See the previous section for the organizational chart and brief description of each team member's role. Resumes are included in Exhibit 6 of the proposal. 9. Professional Licenses Padgett, Stratemann & Co., L.L.P. ("PS&Co.") and Ernest R. Garza are properly licensed in the state of Texas for public practice. PS&Co. or Ernest R. Garza does not have any outstanding public or private reprimands by the Texas State Board of Public Accounting or other organizations. PS&Co. firm is licensed, and in good standing, as a certified public accounting firm for public practice in Texas and California, with the respective state boards of public accountancy. The firm does not have a history of sub -standard practice and has never received a public or private reprimand from the Texas State Board of Public Accountancy. The team members included as the proposed engagement team are independent of the City as defined by the American Institute of Certified Public Accountants ("AICPA") auditing standards generally accepted in the United States of America, and Government Auditing Standards issued by the Comptroller General of the United States. See resumes in Exhibit 6, for all key team members which includes any certifications the poses. 10. Similar Clients The following are similar projects that PS&Co. has been awarded that are similar or larger than the City. • Austin Community College District • Austin Independent School District* • Brazos River Authority* • Capital Metro • City of Austin Convention Center* • City of Kyle • City of San Antonio • San Antonio Housing Authority* • VIA Metropolitan Transit * Existing client won upon re -bid 11. Firm Capacity PS&Co. has approximately 200 team members and has capacity to serve the City. PS&Co. has a productivity team that projects production. Compared to our available hours. This committee drives our hiring practices to ensure we have the staff capacity to meet our clients' needs. - 29 - ps&co. D. FIRM PROFILE AND QUALIFICATIONS 12. Ranges of Services and National Resources In order to provide superior financial and business advice to all its clients, PS&Co. is comprised of industry - specific niches. This organization allows us to understand our clients' businesses, their challenges, and their industry in the best way possible. We do this by not only providing superior services, but also by maintaining industry -specific knowledge. PS&Co. is celebrating our 70th anniversary of being in business. Additionally, PS&Co. has been servicing the public sector for over 25 years. Industry -specific niches: • Public Sector — Government, not-for-profit organizations, and special purpose entities such as utilities, river authorities • Manufacturing, Retail, and Distribution • Construction • Health Sciences • Professional Services • Banking and Financial Services • Real Estate • Private Client Services • Governmental Contractors • Energy • International Business • Technology, Communication, and Entertainment Team members in each industry -specific niche represent various departments within PS&Co. Our goal is to keep abreast of each unique industry so the needs of our clients' within that respective industry are taken into consideration as we execute their business matters. PS&Co. is a full service CPA firm offering a comprehensive array of attestation, tax, accounting, and advisory services. Attestation Services Independent Audit Services - 30 - The performance of independent audits of financial statements is the largest practice segment within the firm. Our audit department is organized into three main areas of expertise, which allows us to develop and maintain the expertise and critical mass needed to serve our varied client base. Our three functional audit areas are as follows: • SEC Practice • Public Sector — Governmental and not-for-profit organizations, including federal and state single audits • Private Sector and Regulated Industries Ps&co. D. FIRM PROFILE AND QUALIFICATIONS 12. Ranges of Services and National Resources (continued) Attestation Services (continued) Other Attestation Services In addition to audit services, our firm offers other attestation services including, but not limited to, those listed below: • Review and compilation services under Statement of Standards for Accounting and Review Services • Agreed-upon procedure engagements • SSAE No. 16 — Service Organization Control Report • Attestation Standards engagements — such as debt service coverage Tax Services Our tax department offers a broad spectrum of services covering all types of entities. We consult with and provide services to individuals, partnerships, estates, trusts, and corporate and not-for-profit entities in the areas of payroll, sales, franchise, estate (including gift and generation -skipping transfer), and income taxation. For our not-for-profit and tax-exempt clients, we can assist in applying for and retaining tax-exempt status recognition. We also can assist in identifying and advising clients regarding exposure to the unrelated business income tax and the complex rules and regulations relating to self-dealing and excess benefit transactions. While our most common tax service involves assistance in tax compliance, i.e. tax return preparation, we encourage and are heavily involved in planning tax transactions so as to minimize or defer the related tax impact. By keeping current on new tax laws and legislation, we are in a position to identify and communicate key tax planning opportunities that may minimize both your current and future tax liabilities. We provide business and entity planning, especially in the areas of formation, operation, and dissolution. We have extensive experience in business acquisitions, including mergers and acquisitions, and other related reorganizations. We can assist business owners and executives in planning compensation packages (including the implementation of qualified and nonqualified retirement programs), analyzing shareholder buy -sale agreements, and succession planning for your closely -held business. If the need arises, we can provide audit representation during examination of returns before the Internal Revenue Service and other governmental agencies. -31- pS&Co. D. FIRM PROFILE AND QUALIFICATIONS 12. Ranges of Services and National Resources (continued) Tax Services (continued) We provide assistance in estate and gift tax planning opportunities for our individual clients, including the utilization of trusts and family limited partnerships. Also, when the need arises, we can assist the family of a deceased individual by locating legal counsel, assist in accounting and accumulating the information necessary for probate, and assist with all applicable federal and state estate/inheritance tax returns. Our goal is to assist our clients in reaching their maximum potential. Our commitment is to quality service and long-term personal relationships with our clients, which is the foundation and trademark of our tax practice. Accounting Solutions Our firm offers a full scope of accounting and bookkeeping services. Accounting services offered by the firm include, but are not limited to, those listed below: • Complete client accounting and bookkeeping services • Client write-up services • On-site accounting assistance and/or review of in-house accounting procedures Advisory Services Advisory services vary widely in size, complexity, and scope, as well as in technical subject matter. Our firm has substantial expertise and experience in a wide variety of advisory service engagements for our clients. The focus of advisory services performed by the firm is to identify and define client needs, select and supervise appropriate staff, apply an analytical approach appropriate to the engagement, apply knowledge of the technical subject matter under consideration, communicate recommendations effectively, and when required, assist in implementing recommendations. Through our qualifications in the advisory services area, we provide advice and technical assistance, which will enable client management to conduct its affairs more effectively. These qualifications include technical competence; familiarity with the client's finance and control systems and business problems; analytical ability and experience in problem -solving; and professional independence, objectivity, and integrity. - 32 - ps&co. D. FIRM PROFILE AND QUALIFICATIONS 12. Ranges of Services and National Resources (continued) Advisory Services (continued) Advisory services offered by the firm include, but are not limited to, those listed below: • Insurance receivership services • Bankruptcy services • Litigation support and expert testimony • Internal control review and compliance • Forensic and fraud accounting investigation • Merger and acquisition analysis • Cost accounting and profit analysis • General business consulting In 1995, PS&Co. joined the McGladrey Alliance, a business of RSM US LLP - the 5th largest accounting firm in the U.S. and a leading provider of assurance, tax, and consulting services with nearly 8,000 professionals in more than 80 cities nationwide. RSM US LLP is a licensed CPA firm and the U.S. member of RSM International, a global network of independent accounting, tax, and consulting firms with more than 37,500 professionals in over 110 countries around the world. This alliance provides the City with the personalized service of a local firm and the strength and resources of a national firm with global reach. Our clients receive the combined benefits of PS&Co. and the national resources of RSMUS LLP. PS&Co. has successfully and seamlessly used this alliance to the benefit of our clients. We have specifically identified Keven Smith, Partner with RSM in their public sector group as our national resource. We have used Keven in this role in our audit of the City of San Antonio where he performs a second partner review of the CAFR, and is available to our clients and our engagement team for any technical matters. 13. Local Office We will be providing audit services out of our San Antonio office which is located at 100 NE Loop 410, Suite 1100, San Antonio, Texas 78216. Our phone number is (210) 828-6281 or (800) 879-4966. 14. Government Audit Quality Control Center Membership PS&Co. is a voluntary member of the Governmental Audit Quality Center (the "Center") established by the American Institute of Certified Public Accountants ("AICPA"). PS&Co.'s membership in the Center demonstrates the firm's commitment to audit quality in the critical area of governmental audits. PS&Co. is committed to the governmental sector and the Center's strict membership requirements. We have been members of the Center since its inception. - 33 - ps co. D. FIRM PROFILE AND QUALIFICATIONS 15. Peer Review The firm is a member of the AICPA and, as such, complies with the requirements set forth by the AICPA's Peer Review Program. In addition to the quality control review requirements set forth by the AICPA, we have an existing in-house quality control program based upon the AICPA standards for quality control for public accounting firms. We have met all quality review requirements and received a pass rating on our peer review dated October 2, 2014. We are required to have these reviews every three years. A copy of the peer review report is attached as Exhibit 6. 16. Letter of Comment N/A — PS&Co. and Ernest R. Garza did not have any comments for our peer reviews. 17. Client References See client reference on the following page. - 34 - ps co.l 1. CURRENT CLIENT Reference 1 Organization name: City of San Antonio Contact and title: Troy Elliot, Director of Finance Address: 111 Soledad, 5th Floor, SA, TX 78205 Phone number: (210) 207-8604 Effective date of contract: 2012 Number of employees: 10,235 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program?O'N If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $5,946,880,000 Was the certificate awarded? ON Description of services provided: Financial and compliance audit 2. CURRENT CLIENT Reference 2 Organization name: City of Boerne Contact and title: Sandra Mattick, CFO Address: P.O. Box 1677, Boerne, TX 78006-1677 Phone number: (830) 249-9511 Effective date of contract: 1995 Number of employees: 218 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program? ON If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $45,658,078 Was the certificate awarded? ON Description of services provided: Financial audit 3. CURRENT CLIENT Reference 3 San Antonio Water Organization name: System Contact and title: Doug Evanson, CFO & Senior VP Address: 2800 US Hwy 281 North, TX 78212 Phone number: (210) 233-3803 Effective date of contract: 2015 (renewed from previous 5 year term) Number of employees: 1,699 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program? 0/N If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $501,562,000 Was the certificate awarded? ON Description of services provided: Financial and compliance audit - 35 - 4. FORMER CLIENT Reference 1 Organization name: City of McAllen Contact and title: Susan Lozano, Director of Finance Address: 1330 Houston, McAllen, TX 78501 Phone number: (956) 681-1080 Effective date of contract: N/A Number of employees: 1 755 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program? CIN If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $233,873,259 Was the certificate awarded? @N Description of services provided:Financial anc. Reason for termination Routine RFP and policy of Compliance rotation 5. FORMER CLIENT Reference 2 Organization name: Bexar County Contact and title: Susan Yeatts, County Auditor Address: 101 W. Nueva, Suite 800, SA, TX 78205 Phone number: (210) 335-2301 Effective date of contract: N/A Number of employees: 4,609 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program?Yal If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $1,522,518,200 Was the certificate awarded?QN Description of services provided.-inanciai and Reason for termination Routine bidding Compliance 6. FORMER CLIENT Reference 3 Organization name: Northside ISD Contact and title: David Rastellini, Deputy Superintendent Address: 5900 Evers Road. San Antonio. TX 78238 Phone number: (210) 397-8903 Effective date of contract: N/A Number of employees: 12,835 Participated in GFOA Certificate of Achievement for Excellence in Reporting Program? ©'N If yes, provide the total of Section IV Fee Calculation of most recent GFOA certificate application. $1,016,645,335 Was the certificate awarded?ON Description of services provided.- Reasonand Reason for termination Routine bidding Compliance - 36 - E. EXHIBITS Ps&co. EXHIBIT 1- FIRM HISTORY Ps&co. 1 pS&Co.I Padgett Stratemann FIRM HISTORY We continue to grow based on a solid foundation. 1945 1958 1967 1969 1970s 1973 1977 1980s 1992 1995 2001 2005 2006 2007 2008 2009 Sidney Padgett realizes his dream by opening an accounting firm in downtown San Antonio. Sidney Padgett, Jr. joins his father and the firm name changes to Padgett & Padgett, CPAs. Ray E. Berend joins the firm. Malcolm Stratemann merges with Padgett & Padgett. A new partnership is formed — Padgett, Stratemann, and Berend — along with a new name, Padgett & Stratemann, CPAs. Construction becomes the firm's first niche. Focusing on small businesses serving the booming economy, the firm grows from 7 to 19 professionals and support staff and relocates to the new "hot spot," Northeast San Antonio. The firm changes its name to Padgett, Stratemann & Co., L.L.P. As members of both the AICPA's SEC and Private Practice sections since their inception, PS&Co. participates in the voluntary triennial peer review. This review ensures firms are adhering to the stringent quality control standards set forth by the AICPA. The firm expands when new partners join, focusing on key growth sectors in the Texas economy - banking, medical, wholesale, and manufacturing. Acquisition of the San Antonio Grant Thornton International office strengthens the governmental service niche. PS&Co. enters into a strategic alliance with RSM McGladrey. The network provides invaluable access to resources of one of the nation's largest accounting, tax, and consulting firms. In addition, the alliance provides access to RSM International, offering the firm valuable resources world-wide. The firm is ranked as the second largest firm in the San Antonio marketplace. Due to expansion and growth, PS&Co. moves offices to its current location in North Central San Antonio. Recognized by the San Antonio Business Journal as one of the city's "Best Places to Work." Recognized for the second time as one of the "Best Places to Work" in San Antonio. The firm is awarded the "Business Ethics Award" by the Ecumenical Center for Religion and Health, in collaboration with the UTSA College of Business and the San Antonio Business Journal. PS&Co. enters the Austin market by merging with Sprouse & Anderson, an established Austin - based firm. The merger solidifies PS&Co.'s place as one of the largest regional firms within the state of Texas, with over 180 team members. The San Antonio and Austin offices are recognized by each city's respective Business Journal as one of the "Best Places to Work". PS&Co. is listed as the sixth largest Southwest accounting firm in a survey conducted by Practical Accountant magazine. The San Antonio and Austin offices are once again recognized as "Best Places to Work". Toll Free: 800 879 4966 Padgett-CPA.com pS&Co.I Padgett Stratemann 2010 2011 2012 2013 2014 2015 INSIDE Public Accounting magazine names PS&Co. one of the nation's Top 25 Best Accounting Firms. Recognized for the fifth time as one of the "Best Places to Work" by the San Antonio Business Journal. Recognized for the sixth time as one of the "Best Places to Work" by the San Antonio Business Journal. INSIDE Public Accounting magazine ranks PS&Co. as the 107" largest U.S. CPA firm in its Top 200. Accounting Today ranks PS&Co. 9' on it's Beyond The Top 100 Firms To Watch. The firm is also ranked as the 3rd largest CPA firm in the Southwest United States Texas Lawyer magazine and the legal community select PS&Co. as one of the 'Best Accounting Providers' in Austin. The firm creates a new Technology, Communications, and Entertainment niche. Recognized for the seventh time as one of the "Best Places to Work" by the San Antonio Business Journal. INSIDE Public Accounting magazine ranks PS&Co. as the 104th largest U.S. CPA firm in its Top 200. It also ranks the firm as one of the Top 10 firms in the U.S. for staff member training. Accounting Today ranks PS&Co. 4th on it's Beyond The Top 100 Firms To Watch. The firm is also ranked as the 3rd largest CPA firm in the Southwest United States. Texas Lawyer magazine and the legal community select PS&Co. as one of the 'Best Accounting Providers' in Austin for the second year in a row. Recognized for the eighth time as one of the "Best Places to Work" by the San Antonio Business Journal. Accounting Today ranks PS&Co. 6" on it's Beyond The Top 100 Firms To Watch. The firm is also ranked as the 4th largest CPA firm in the Southwest United States. Austin Business Journal ranks PS&Co. as the 6th largest Accounting Firm. PS&Co. enters the Houston market by opening its third office. INSIDE Public Accounting magazine ranks PS&Co. as the 106" largest U.S. CPA firm in its Top 200. San Antonio Business Journal ranks PS&Co. as the 2nd largest CPA firm in San Antonio in its annual Book of List, for the ninth year. Austin Business Journal ranks PS&Co. as the 5th largest firm in the Austin area. INSIDE Public Accounting magazine ranks PS&Co. as the 99' largest U.S. CPA firm in its Top 100. Toll Free: 800 879 4966 Padgett-CPA.com EXHIBIT 2 - TOP SOUTHWEST FIRMS AND LARGEST SAN ANTONIO ACCOUNTING FIRMS ps co. accountingroDAy accountingtoday.com March 2015 BEYOND THE TOP 100: FIRMS TO WATCH Firm Padgett, Stratemann & Co. Brown Smith Wallace Bennett Thrasher Gursey1 Schneider PBMares Briggs & Veselka Co. Baker Newman & Noyes Somerset CPAs Brady, Martz & Associates Lurie Besikof Lapidus & Co. Jackson Thornton & Co. Anders Lutz & Co. Hutchinson and Bloodgood Janover Peterson Sullivan Bou lay Johnson Lambert* Windes Hagen, Streiff, Newton & Oshiro Green Hasson Janks ORBA Mize Houser & Co. * Firm estimate NA Headquarters San Antonio St. Louis Atlanta Los Angeles Newport News, Va. Houston Portland, Maine Indianapolis Grand Forks, N.D. Minneapolis Montgomery, Ala. St. Louis Omaha, Neb. Glendale, Calif. Garden City, N.Y. Seattle Minneapolis Falls Church, Va. Long Beach, Calif. Dallas Los Angeles Chicago Topeka, Kan. Not available or not applicable Managing partner John Wright Harvey Wallace Rick Bennett Stephan Wasserman Alan Witt John Flatowicz Eleanor Baker Pat Early Ronald Johnke Beth Kieffer Leonard Ned Sheffield Robert Minkler Gary Witt Richard Preciado Mark Goodman Chris Russell Mark DeNucci D. Lambert /J. Prescott John Di Carlo NA Leon Janks Mark Thomson NA Year end July Dec June Dec Dec Sept Dec Dec Sept April Dec Dec April Sept Dec June May Dec June Feb Dec May Dec Revenue % ($ mn.) chg. 32.61 8.45 32.60 5.16 32.49 8.73 31.30 10.99 29.78 2.97 29.72 13.57 29.70 7.22 28.76 7.23 28.16 3.91 28.10 2.93 27.33 4.51 27.14 5.23 27.10 13.39 26.82 5.47 26.67 37.19 26.30 59.78 24.36 5.09 24.02 4.48 23.90 1.23 23.86 6.66 23.50 1.73 23.30 6.88 23.25 6.07 Offices 3 3 1 3 8 2 4 1 5 1 5 1 1 4 2 1 1 8 3 14 1 1 3 Partners 31 21 27 11 33 20 30 27 31 15 21 20 28 34 23 17 29 13 16 16 13 16 21 Total employees 197 223 168 139 182 181 191 186 184 121 183 149 145 116 141 146 149 147 127 98 125 115 210 Firm Weaver Whitley Penn Montgomery Coscia Greilich Padgett, Stratemann & Co. Briggs & Veselka Co. REDW Hagen, Streiff, Newton & Oshir PKF Texas Cain Watters & Associates BeachFleischman* Johnson, Miller & Co. CPAs Maxwell Locke & Ritter Henry & Horne Lane Gorman Trubitt PMB Helin Donovan TOP FIRMS: SOUTHWEST Headquarters Fort Worth, Texas Fort Worth, Texas Plano, Texas San Antonio Houston Albuquerque, N.M. o Dallas Houston Plano, Texas Tucson, Ariz. Odessa, Texas Austin, Texas Tempe, Ariz. Dallas Austin, Texas Notes: * Firm estimate or projection NC No change Rev. $ mn. chg. Offices Partners 88.10 5.64 7 35 65.95 12.33 4 41 42.86 27.79 2 19 32.61 8.45 3 31 29.72 13.57 2 20 26.23 -0.83 2 14 23.86 6.66 14 16 22.79 5.75 1 10 22.70 9.13 1 10 21.83 7.54 2 25 21.12 8.09 3 14 20.79 13.36 2 21 20.10 8.65 3 14 20.00 5.26 1 16 19.00 NC 6 22 Profess- Total Fee split ionals emps. A&A Tax MAS Other 361 477 34 43 15 8 242 333 47 38 0 15 243 281 27 41 26 6 119 197 49 39 12 0 135 181 39 51 8 2 121 173 52 22 12 14 60 98 0 0 70 30 95 122 48 42 10 0 60 114 10 15 0 75 81 138 29 55 2 14 88 114 31 51 6 12 59 90 38 41 0 21 78 110 31 59 10 0 66 97 55 39 0 6 74 114 44 48 0 8 (#85623) Excerpted and adapted with permission. © 2015 SourceMedia Inc. and Accounting Today. All rights reserved. SourceMedia, One State Street Plaza, New York, N.Y. 10004 For more information about reprints from Accounting Today, visit PARS International Corp. at www.SourceMediaReprints.com. Ps&Co.1 Padgett Stratemann SAN ANTONIO BUSINESS JOURNAL FEBRUARY 13, 2015 Business name Website AC0tWEING ys %RANKED BY NUMBER OF CPAs LOCALLY ,/j / 1 / Address Phone No. of CPAs locally No. of non CPA professionals locally No. of partners locally Year est. locally Local Managing Partner O Ernst & Young LLP ey.com 100 W Houston St. #1800 San Antonio, TX, 78205 83 210-228-9696 I 131 19 1922 Lisa Friel, lisa.frielraey.com © Padgett Stratemann & Co. LLP 100 N.E. Loop 410 #1100 John Wright, padgett-cpa.com San Antonio, TX, 78216 62 51 22 1945 john.wrightno padgett-cpa.com 210-828-6281 © BKD LLP bkd.com 10001 Reunion PL #40-61/4 San Antonio, TX, 78216 29 210-341-9400 30 9 1985 Jon McDowell, jmcdowellabkd.com O KPMG I kpmg.com/us 17802 IH -10 W #101 San Antonio, TX, 78257 27 210-227-9272 35 6 1958 Joseph McLauchlan, jmdauchlanrakpmg.com Weaver and Tidwell LLP © weaver.com 9311 San Pedro Ave. #1400 San Antonio, TX, 78216 21 210-737-1042 22 6 1998 Greg Baffles, greg.bailes aweaver.com Laura McNutt, laura.mcnuttraweaver.com O Sol Schwartz & Associates PC ssacpa.com 7550 IH San Anto-10 W #1200 Antonio, TX, 78229 21 210-384-8000 20 11 1980 Jeff Albrecht, jeffaassacpa.com OAkin Doherty Klein & Feuge PC adl¢.com 8610 N. New Braunfels Ave. #101 19 San Antonio, TX, 78217 210-829-1300 33 7 1991 Howard KleinJr., howard.ldeinraadkf.com Thomas Akin, tom.akinraadkf.com O Brehm Havel & Company LLP brehmhavefcpa.com 7809 Broadway St. San Antonio, TX, 78209 19 210-826-7000 16 6 1980 Gene Brehm, generagenebrehm.com OTsakopulos Brown Schott & • Anchors PC TBSACPA.COM 9901 IH -10 W #900 San Antonio, TX, 78230 17 210-696-5177 10 5 1990 Jim Tsakopulos, jimtriiltbsacpa.com ATKG LLP atkgcpa.com 13750 San Pedro Ave. #400 San Antonio, TX, 78232 16 210-733-6611 12 3 1982 Melanie Kirk, mkirkraatkgcpa.com m Boldt & Boldt Inc. boldtcpa.com 6800 One Park Ten #149E Bldg. San Antonio, TX, 78213 16 210-737-1050 1 2 1981 Blake Boldt, bboldtraboldtcpa.com ® Ridout Barrett & Co. PC ridoutbarrett.com 10843 GuEfdeTX l7 St. San Antonio, TX, 78216 13 210-829-1793 14 5 1986 Anthony Ridout, tridoutraridoutbarrett.com ® ABIP PC abipcpa.com 4801 N.W. Loop 410 #725 San Antonio, TX, 78229 12 210-341-2581 9 2 1966 Scott Irvine, sirvineriilabipcpa.com m Gilliam and Associates PC giffiamcpapc.com t 11010 CoaX, 78200 San Antonioo,, TTX, 78216 9 210-979-7055 9 4 1983 Tim Gilliam, timagilliamcpapccom ® Findling Milam & Pyle fmpcpa.com 3011 Nacogdoches Rd. Bldg 2 San Antonio, TX, 78217 9 210-824-3224 2 4 1964 Dave Zurbriggen, dzafmpcpa.com OHill & Ford PC hf-cpa.com 8620 N. New Braunfels Ave. #300 8 San Antonio, TX, 78217 210-340-8351 7 1 1976 mberly Ford, kford ahf-cpa.com m Lange Poteet & Co. LLP fpcpa.com P.OBox 12199 San Antonio, TX, 78212 8 210-735-6181 4 3 1967 Pat Lange, pataEpcpa.com O Oroian Guest & Little PC txcpa.com 11955 Antonio, TXl<Blvd. San TX, 78249 7 210-641-5600 7 3 1983 Paul Oroian • Randy Walker & Co. randywaflrercpa.com 78001H- s San Antonio,, TX, TX, 78 78230 7 210-366-9430 7 1 1995 Randy Walker, rwalkerracpatx.com Armstrong Vaughan & ✓ • Associates PC avacpa.com 941 W. Byrd Blvd. #101 Universal City, TX, 78148 6 210-658-6229 12 3 1978 Nancy Vaughan, vaughanriilavacpa.com ® Wayne E. Collie CPA CoffieCPA.com 20742 Stone Oak Pkwy. #107 San Antonio, TX, 78258 6 210-828-1505 7 1 1980 Wayne Collie, WayneCriilCollieCPA.com g ® Nettin & Pace CPAs nettingpace.com 7373 Broadway St.#400 San Antonio, TX, 78209 6 210-738-3888 6 3 1986 Conrad Netting ® Weilbacher & Associates wacpas.com 1250 N.E. Loop 410 #405 San Antonio, TX, 78209 6 210-828-8800 4 2 1996 Bruce Weilbacher, blwrawacpas.net m Rodriguez Holland & Co. PC cpasat.com 1250 N.ELoop 410 #330 San Antonio, TX, 78209-1550 5 210-822-9950 9 2 1981 Joseph Rodriguez, jrodriguezacpasat.com ®Darilek Butler & Associates PLLC darilelrbutleccom 2702 N. Loop 1604 E #202 San Antonio, TX, 78232 5 210-979-0055 5 3 1993 Robert Darilek, rdarilekradarilekbutleccom Steve Butler, sbutlerradarilekbutleccom This article appeared in the San Antonio Business Journal on February 13, 2015 on page & It has been reprinted by the San Antonio Business Jow-nal and further reproduction by any other party Is strictly prohibited_ Copyright ©2015 San Antonio Business Journal, 8200 IH 10 West, Suite 820, San Antonio TX 78230 EXHIBIT 3 - PEER REVIEW LETTER Prime -Contractor Firm ps co. ps&co.1 Padgett Stratemann Audit Results "A peer review provides assurance that the firm has an appropriate quality control system for its accounting and auditing practice and that it is complying with that system." In 1977, the American Institute of Certified Public Accountants established the Division for CPA Firms to provide a new level of voluntary self-regulation and quality control to firms engaged in public accounting. Previously, only individual CPAs were subject to such scrutiny and professional regulation. The reviews subsequently became mandatory for firms registered to serve publicly traded companies. Many states, including Texas, now require that firms providing audit and attest services, have a triennial peer review. Peer Reviews The peer review is conducted by a team of CPAs under guidelines established by the American Institute of Certified Public Accountants. The reviewers make an independent assessment of the firm's quality control policies and procedures and examine the working papers and reports on a representative sample of accounting and auditing engagements. The team also inspects the firm's administrative files and records and interviews professional personnel. The reviewers issue a report on the firm's compliance with the stringent quality control standards set by the American Institute of Certified Public Accountants, the national professional organization of CPAs. In addition, Padgett, Stratemann & Co., L.L.P. is subject to review and oversight as a firm registered with The Public Company Accounting Oversight Board. Padgett, Stratemann & Co., L.L.P. Padgett, Stratemann & Co., L.L.P. recently completed its triennial peer review. We are pleased to report that the peer review committee unconditionally, for the fourteenth consecutive time, approved the policies and practices of Padgett, Stratemann & Co., L.L.P. A copy of the audit results can be found on the reverse side. Padgett, Stratemann & Co., L.L.P. is proud of this achievement and continues to strive to provide quality in both compliance with the standards of our profession and service to our clients. AUSTIN HOUSTON SAN ANTONIO 811 BARTON SPRINGS ROAD, SUITE 550 1980 POST OAK BOULEVARD, SUITE 1500 100 N.E. LOOP 410, SUITE 1100 AUSTIN, TEXAS 78704 HOUSTON, TEXAS 77056 SAN ANTONIO, TEXAS 78216 512 476 0717 800 879 4966 210 828 6281 TOLL FREE: 800 879 4966 WEB: PADGETT-CPA.COM KraftCPAs SYSTEM REVIEW REPORT October 2, 2014 To the Partners of Padgett Stratemann & Co., L.L.P. and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Padgett Stratemann & Co., L.L.P. (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended June 30, 2014. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards, audits of employee benefit plans, audits performed under FDICIA, and examinations of service organizations [Service Organization Control (SOC) 1 engagements]. In our opinion, the system of quality control for the accounting and auditing practice of Padgett Stratemann & Co., L.L.P. applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended June 30, 2014, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass; pass with deficiency (ies) or fail. Padgett Stratemann & Co., L.L.P. has received a peer review rating of pass. ttE Com' "WC KraffCPAs PLLC - Certified Public Accountants and Consultants 555 Great Circle Road • Nashville, TN 37228 • Phone 615-242-7351 • Fax 615-782-4271 • www.kraftcpascom Subcontractor Firm Ps&co. FARRIS & FARRIS, CPA'S CERTIFIED PUBLICACCOUNTANTS PALM W. FARR75, CPA DEBRA E. PARRIS,, CPA 18484 Leopard St., #429A Corpus Christi, TX 78410 (861) 241-0656 Far (861) 241.0658 larrlsepeaaol, com System Review Report May 5, 2014 To the Owner Ernest R. Garza & Company, P.C. and the Peer Review Committee of the Texas Society of Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of Ernest R. Garza & Company, P.C. (the firm) in effect for the year ended August 31, 2013. Our peer review was conducted In accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed In a System Review are described in the standards at www.aicpa.org/prsummarv. As required by the standards, engagements selected for review included engagements performed under the Government Auditing Standards. In our opinion, the system of quality control for the accounting and auditing practice of Ernest R. Garza & Company, P.C. in effect for the year ended August 31, 2013, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies), or fail. Ernest R. Garza & Company, P.C. has received a peer review rating of pass. Farris & Farris, CPA's MEMBER TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS * AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AICPAj AICPA Peer Review Program and TSCPA Peer Review Program Administered by the Texas Society of CPM October 7, 2014 Ernest Garza, CPA Ernest R. Garza & Company, P. C. 10201 Leopard St #A Corpus Christi, TX 78410 Dear Mr. Garza: Texan Society of Certified Public Accountants On October 7, 2014 the Texas Society of CPAs 2014-15 Peer Review Committee determined that your most recent peer review is complete. The due date for your next review is February 28, 2017. This is the date by which all review documents should be completed and submitted to the administering entity. Since your firm's due date is between January and April, you may arrange to have your review a few months earlier to avoid having a review during tax season. Sincerely, Jerry L. Cross, CPA Director, Peer Review jcross@tscpa.net 800 428-0272 cc: Paul Wesley Farris Firm No. 10110336 Review No. 354244 Letter ID: 929679 25 14651 Dallas Parkway, Suite 700, Dallas, TX 75254-7408 • (972) 887-8500 • (800) 428-0272 • Fax (972) 687-8575 EXHIBIT 4 - PADGETT'S SECURE CLIENT PORTAL SOLUTION The Importance of Secure Portal Technology Per Boomer Consulting, Inc. — a leading advisory firm to the certified public accountant (CPA) industry, accounting firms have always placed the highest priority on the protection and confidentiality of client financial information. While this commitment remains high, the practical challenges of fulfilling it are greater than ever. The increasing use of Internet -based interactions with clients and the exchange of growing amounts of confidential data from widely -scattered locations demand careful management of electronic security. In addition, federal and state laws and regulations have introduced a legal requirement to protect data. It is imperative that firms conduct a careful review of their risk in handling confidential client information in order to ensure the appropriate tools and controls are in place to manage the risk. It is critical to understand that email alone, in the absence of additional protective measures, is inherently insecure and inadequate. Transmitting client information via email attachment does not meet the specified legal requirements and fails to live up to the CPA commitment to client confidentiality. Therefore an alternative means of electronic document transfer must be used. The Padgett Secure Client Portal PS&Co. has always considered confidentiality and protection of client financial information as its highest priority. Through its investment in The Padgett Secure Client Portal, informational security is not only ensured, but is accomplished using a tool, ShareFile, which allows the easy exchange of confidential content in a professional manner. Listed below are some of the features offered through The Padgett Secure Client Portal: Security • Provides a secure avenue for uploading and downloading sensitive documents • Files securely transferred and stored using 256 -bit SSL encryption — the same technology used by online banking and e-commerce. Files are also encrypted while they are stored. • Complete audit trail of all activity • Prevents access by unauthorized personnel with user name and password protection feature Ease of Use • Allows for a collaborative environment to manage files • Creates efficiencies in the audit process • Ability to send/receive any type of file and size: Word, Excel, PDF, Quickbooks, etc. • Compatible with both Mac and PC Ps&co. EXHIBIT 4 - PADGETT'S SECURE CLIENT PORTAL SOLUTION (continued) Mobile Access • ShareFile offers mobile apps for all major mobile operating systems and devices as well as a mobile optimized website. The Apple iOS, Windows mobile, Android, and BlackBerry mobile applications are free to download and use. • Mobile apps allow access to all files and folders in your account on the go. CPAs and clients can access data on their preferred devices for immediate communication at any time. Browse files or folders and share them via ShareFile without having to download them. Also features built-in access to previously downloaded files, allowing users to view files without re -downloading them. • Since data security is paramount to Padgett and its clients, the mobile application has a remote wipe feature to protect against data breaches if a device is lost or stolen. This allows content to be removed from a selected device immediately — without direct contact with the phone or tablet. Ps&co. EXHIBIT 5 — PRIMARY SERVICE TEAM CONTINUING EDUCATION SCHEDULE • The continuing education schedules for Ernest R. Garza can be found in Exhibit 8. Ps co.l Certificate of Completion Employee Name: Marc Sewell, CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 12 01/24/2014 PSCO-0113 2014 Leadership Council Peer Group Sessions LDR14 16 06/01/2015 TSCPA-260 2015 Texas School Districts Accounting and Auditing Conference (TSCPA) TSCAC01-2015.16 8 09/04/2014 AuditSense-109165/TX-00958E Accounting and Auditing Update 2014 409414 21 10/19/2015 AICPA -0215 AICPA Governmental and Not -for -Profit Training Program - 2015 GOV15.21 17 08/11/2014 AICPA -215 AICPA National Governmental Accounting and Auditing Update Conference (GAAC) East - 2014 492014 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 1 08/26/2015 PSCO-0113 Career Advisor Refresher Training 2015 F082615 8 06/02/2014 PSCO-0113 City of San Antonio Technical Training - Spring 2014 4053014 8 06/30/2014 PSCO-0113 City of San Antonio Technical Training - Summer 2014 406114 1 04/03/2014 TASBO-132 Code of Ethics 440214 1 10/07/2015 ASBO-132 Conflict of Interest Disclosure Z100715 1 04/08/2015 TASBO-132 Different Generations in the Workplace Z040815 7 07/15/2014 PSCO-0113 Effective Presentation Skills 107214 2 03/04/2015 AICPA -215 GASB Pensions Are You Ready for June 30 2015 Audit Implementation Webcast 4030415 1 09/21/2015 PSCO-0113 Inspection Results and Update on New SSARS 21 - Review/Compilation/Preparation Standards A092115 3 09/28/2015 McGladrey-4283 Introduction to Not -for -Profit Audit and Accounting Issues Webcast 29000 2 01/17/2014 The Whetstone Group -113062 MLA - Basic Client Marketing I & II MLA BCM 1 06/05/2014 PSCO-0113 MLA - Business Communication Skills MLA BCS 4 11/11/2015 PSCO-0113 MLA - Center for Character Based Leadership - Group 2, Session 1 MLA 112015.4 6 06/16/2014 PSCO-0113 MLA - Client Cross Selling and Client Service that Creates Loyalty MLA CS.6 1 06/10/2014 PSCO-0113 MLA - Working Events (Making Events Work for You) MLA WE 4 07/23/2014 PSCO-0113 MLA: Understanding the Current Sales Process and Related Tools MLA Module 1 4 10/14/2014 PSCO-0113 New Pension Standards and Government Auditing Standards Training 4101414 7 05/08/2015 PSCO-0113 Partner -In -Training - Training Day May 2015 F050815 4 09/02/2015 Pass Online-102626/TX-00759 Personal and Professional Ethics for Texas CPAs -2015 EXTX14 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 2 05/06/2014 AICPA-112891/Tx-215 The GASB's Pension Standards Part 1: Considerations for Plans, Participating 4050614 2 05/07/2014 AICPA-112891/TX-215 The GASB's Pension Standards Part II: Considerations for Agent Plans and Participating Employers 450714 1 08/06/2014 PSCO-0113 Update on 2014 Compliance Supplement and New Grant Requirements 4080614 1 08/05/2015 PSCO-0113 Update on GASB 68 and Accounting and Financial Reporting for Pensions 00805215 2 10/31/2014 EdMis-108413/TX-05155 Using Audit L.E.A. for Analysis, Testing and Preparation of Government Wide Adjustments - 2014 ATG103114 3 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 186.0 Total Hours Certificate of Completion Employee Name: Joel Perez, Jr., CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 12 08/04/2014 AICPA -215 2014 Peer Review Conference 480414 15.5 10/06/2014 TSCPA-260 2014 Single Audits & Governmental Accounting Conference CHC01-14.15.5 15 10/19/2015 TSCPA-260 2015 Single Audits & Governmental Accounting Conference CGC01-15.15 14 06/01/2015 TSCPA-260 2015 Texas School Districts Accounting and Auditing Conference (TSCPA) TSCAC01-2015.14 8 09/04/2014 AuditSense-109165/TX-009585 Accounting and Auditing Update 2014 409414 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 1 08/26/2015 PSCO-0113 Career Advisor Refresher Training 2015 F082615 7 07/15/2014 PSCO-0113 Effective Presentation Skills 107214 2 04/29/2014 AICPA-112891/TX-215 GAQC 2014 Annual Update Webcast 442914 1 06/05/2014 PSCO-0113 MLA - Business Communication Skills MLA BCS 8 05/19/2014 PSCO-0113 MLA - Center for Character Based Leadership - Session 2 MLA 2014 2.8 2 11/21/2014 PSCO-0113 MLA - Center For Character Based Leadership Final Meeting 2014 MLA 2112114.2 2.5 07/30/2015 PSCO-0113 New Audit Manager Training 2015 A073015 4 10/14/2014 PSCO-0113 New Pension Standards and Government Auditing Standards Training 4101414 4 10/16/2015 TSCPA-260 Personal and Professional Ethics for Texas CPAs (TSCPA 2015) PPET406 4 12/16/2013 Pass Online -102626 Personal and Professional Ethics for Texas CPAs -2013 CLQCHA 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 2 05/06/2014 AICPA-112891/Tx-215 The GASB's Pension Standards Part 1: Considerations for Plans, Participating Employers 4050614 2 05/07/2014 AICPA-112891/TX-215 The GASB's Pension Standards Part II: Considerations for Agent Plans and Participating Employers 450714 1 08/05/2015 PSCO-0113 Update on GASB 68 and Accounting and Financial Reporting for Pensions 00805215 3.5 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3.5 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 143.5 Total Hours Certificate of Completion Employee Name: AshleyAlejos, CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 2 05/23/2014 PSCO-0113 2014 Annual EBP Audit Training - Afternoon Session 452314A 3 05/23/2014 PSCO-0113 2014 Annual EBP Audit Training - Morning Session 452314M 16 05/23/2014 TSCPA-260 2014 Texas School Districts Accounting and Auditing Conference (TSCPA) TSDAC01-2014 3 05/01/2015 PSCO-0113 2015 Annual EBP Audit Training - Morning Session A050115am 16 06/01/2015 TSCPA-260 2015 Texas School Districts Accounting and Auditing Conference (TSCPA) TSCAC01-2015.16 8 09/04/2014 AuditSense-109165/TX-00958E Accounting and Auditing Update 2014 409414 16 06/16/2014 GFOA-103133/TX-865 Advanced Governmental Accounting Seminar 462614 15.5 06/15/2015 AICPA -215 AICPA Not -For -Profit Industry Conference - 2015 Z061515.15.5 2 12/02/2014 PSCO-0113 Annual Construction Team Refresher Training - 2014 412214 6 09/03/2014 PSCO-0113 Annual Construction Team Training - 2014 409114 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 1 09/15/2015 PSCO-0113 Best Practices for Working with the Report Production Team A091515 2 06/16/2014 GFOA-103133/TX-865 How to Get from Governmental Funds to Governmental Activities Webcast 461914 4 08/14/2015 EdMis-108413/TX-5155 Implementing GASB Statement #68 GSB081415 8 07/24/2015 PSCO-0113 In -Charge Training 2015 A072415.8 1 09/21/2015 PSCO-0113 Inspection Results and Update on New SSARS 21 - A092115 3 07/07/2015 McGladrey-4283 Introduction to Not -for -Profit Audit and Accounting Issues Webcast 29000 1 06/03/2014 PSCO-0113 Managing Your Time so It Doesn't Manage You 106214 1 05/04/2015 McGladrey-4283 McGladrey Assurance Resources and the Portal 27139 16 11/10/2015 PSCO-0113 MLA - Center for Character Based Leadership - Group 2, Session 1 MAL 112015.16 2.5 07/30/2015 PSCO-0113 New Audit Manager Training 2015 A073015 4 08/21/2015 PSCO-0113 Overview of Audit L.E.A. A082115 4 09/02/2014 Pass Online -102626 Personal and Professional Ethics for Texas CPAs -2014 CLQMNA-14 1.5 08/24/2015 PSCO-0113 Practice Management Billing Workshop F072715 3 02/24/2015 Ed MIS-108413/TX-5155 Preparing the Indirect Cost Rate Proposal - 2015 ICP022415 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 8 06/29/2015 EdMis-108413/TX-05255 Texas School District Accounting and Auditing Update - 2015 UPD062915 8 06/13/2014 EdMis-108413/TX-05255 Texas Schools Accounting and Auditing Update - 2014 UPD062614 2 05/06/2014 AICPA-112891/Tx-215 The GASB's Pension Standards Part 1: Considerations for Plans, Participating Employers 4050614 2 05/07/2014 AICPA-112891/TX-215 The GASB's Pension Standards Part II: Considerations for Agent Plans and Participating Employers 450714 1 08/05/2015 PSCO-0113 Update on GASB 68 and Accounting and Financial Reporting for Pensions 00805215 2 10/21/2015 PSCO-0113 Updated Revenue Testing Audit Procedures A102115 3.5 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3.5 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 201.0 Total Hours Certificate of Completion Employee Name: Michelle Hyde, CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 15.5 10/06/2014 TSCPA-260 2014 Single Audits & Governmental Accounting Conference CHC01-14.15.5 3 05/01/2015 PSCO-0113 2015 Annual EBP Audit Training - Afternoon Session A050115pm 3 05/01/2015 PSCO-0113 2015 Annual EBP Audit Training - Morning Session A050115am 16 06/01/2015 TSCPA-260 2015 Texas School Districts Accounting and Auditing Conference (TSCPA) TSCAC01-2015.16 8 09/04/2014 AuditSense-109165/TX-009585 Accounting and Auditing Update 2014 409414 9.5 06/15/2015 AICPA -215 AICPA Not -For -Profit Industry Conference - 2015 Z061515.9.5 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 1.5 06/10/2014 AICPA -215 Auditing and Accounting for Alternative Investments 5061314-1 1 09/15/2015 PSCO-0113 Best Practices for Working with the Report Production Team A091515 1 08/26/2015 PSCO-0113 Career Advisor Refresher Training 2015 F082615 8 06/02/2014 PSCO-0113 City of San Antonio Technical Training - Spring 2014 4053014 5.5 06/27/2014 PSCO-0113 City of San Antonio Technical Training - Summer 2014 406114 (5.5) 1 04/08/2015 TASBO-132 Different Generations in the Workplace Z040815 1.5 06/10/2014 AICPA -215 Endowments and Split -Interest Accounting and Reporting 5061214-1 1 10/01/2014 TASBO-132 Energy Management Z100114 1 06/10/2014 AICPA -215 GAAP Update Part 1 4061214 1.5 06/18/2014 AICPA -215 GAAP Update Part 2 5061214-2 2 03/04/2015 AICPA -215 GASB Pensions Are You Ready for June 30 2015 Audit Implementation Webcast 4030415 4 08/18/2015 EdMis-108413/TX-5155 Implementing GASB Statement #68 GSB081815 1 09/21/2015 PSCO-0113 Inspection Results and Update on New SSARS 21 - A092115 1.5 06/10/2014 AICPA -215 Investment Valuation Isn't Just Your Fund Manager's Responsibility 5061314 16 11/10/2015 PSCO-0113 MLA - Center for Character Based Leadership - Group 2, Session 1 MAL 112015.16 2 08/18/2014 PSCO-0113 New Audit Manager Training 481814 2.5 07/30/2015 PSCO-0113 New Audit Manager Training 2015 A073015 1.5 08/28/2014 PSCO-0113 New Manager Billing Workshop 2014 1082814 4 10/30/2014 PSCO-0113 New Pension Standards and Government Auditing Standards Training 4101414 1.5 06/10/2014 AICPA -215 NFP Audit Risk Alert 5061314-2 4 08/21/2015 PSCO-0113 Overview of Audit L.E.A. A082115 4 08/21/2014 Pass Online -102626 Personal and Professional Ethics for Texas CPAs -2014 CLQMNA-14 3 02/24/2015 Ed MIS-108413/TX-5155 Preparing the Indirect Cost Rate Proposal - 2015 ICP022415 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 8 07/28/2015 EdMis-108413/TX-05255 Texas School District Accounting and Auditing Update - 2015 UPD062915 1 08/06/2014 PSCO-0113 Update on 2014 Compliance Supplement and New Grant Requirements 4080614 1 08/05/2015 PSCO-0113 Update on GASB 68 and Accounting and Financial Reporting for Pensions 00805215 2 10/21/2015 PSCO-0113 Updated Revenue Testing Audit Procedures A102115 2 10/31/2014 EdMis-108413/TX-05155 Using Audit L.E.A. for Analysis, Testing and Preparation of Government Wide Adjustments - 2014 ATG103114 3 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 177.0 Total Hours Certificate of Completion Employee Name: Carla Contreras, CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 15.5 10/06/2014 TSCPA-260 2014 Single Audits & Governmental Accounting Conference CHC01-14.15.5 17 10/19/2015 TSCPA-260 2015 Single Audits & Governmental Accounting Conference CGC01-15.17 8 09/04/2014 AuditSense-109165/TX-00958E Accounting and Auditing Update 2014 409414 11 06/16/2015 AICPA -215 AICPA Not -For -Profit Industry Conference - 2015 Z061615.11 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 1 09/15/2015 PSCO-0113 Best Practices for Working with the Report Production Team A091515 1 08/26/2015 PSCO-0113 Career Advisor Refresher Training 2015 F082615 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 4 05/25/2015 Accountants Education Group- Texas: Accountant's Ethics in Texas PDFETEXE 1 08/05/2015 PSCO-0113 Update on GASB 68 and Accounting and Financial Reporting for Pensions 00805215 2 10/21/2015 PSCO-0113 Updated Revenue Testing Audit Procedures A102115 3.5 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3.5 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 99.0 Total Hours Certificate of Completion Employee Name: Taylor Wightman, CPA Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 2 05/23/2014 PSCO-0113 2014 Annual EBP Audit Training - Afternoon Session 452314A 3 05/23/2014 PSCO-0113 2014 Annual EBP Audit Training - Morning Session 452314M 18 10/06/2014 TSCPA-260 2014 Single Audits & Governmental Accounting Conference CGC01-14.18 3 05/01/2015 PSCO-0113 2015 Annual EBP Audit Training - Afternoon Session A050115pm 3 05/01/2015 PSCO-0113 2015 Annual EBP Audit Training - Morning Session A050115am 18 10/19/2015 TSCPA-260 2015 Single Audits & Governmental Accounting Conference CGC01-15.18 8 09/04/2014 AuditSense-109165/TX-00958E Accounting and Auditing Update 2014 409414 4 09/22/2014 McGladrey-4283 Accounting Research Skills for In -Charges - EICC 41222.4 2 12/02/2014 PSCO-0113 Annual Construction Team Refresher Training - 2014 412214 6 09/03/2014 PSCO-0113 Annual Construction Team Training - 2014 409114 4 12/01/2015 PSCO-0113 Annual Construction Team Training - 2015 A120115.4 4 09/24/2014 McGladrey-4283 Audit Update - ASAP and EICC 2014 41322 4.5 09/24/2014 McGladrey-4283 Auditing with Technology - IDEA - EICC 2014 41330 2 05/21/2014 McGladrey-4283 Audits of Health and Welfare Plans 68152 1 09/15/2015 PSCO-0113 Best Practices for Working with the Report Production Team A091515 4 09/26/2014 McGladrey - 4283 Building Business Networks - EICC 41402.4 1 08/26/2015 PSCO-0113 Career Advisor Refresher Training 2015 F082615 4.5 09/24/2014 McGladrey-4283 Engagement Management - EICC 41307.4.5 1 06/03/2014 PSCO-0113 Managing Your Time so It Doesn't Manage You 106214 4 09/22/2014 McGladrey-4283 Performing Analytical Procedures- EICC 41317.4 8.5 09/25/2014 McGladrey-4283 Presenting Across the Table - EICC 2014 41414 4 09/22/2014 McGladrey-4283 Public Sector - Compliance Audit Update - EICC 2014 62095 7.5 06/30/2014 PSCO-0113 Public Sector Training 2014 4063014 2 07/28/2015 McGladrey-4283 Q2 Emerging Topics In Auditing -2015 45113 2 10/21/2015 PSCO-0113 Updated Revenue Testing Audit Procedures A102115 3.5 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3.5 1 07/20/2015 PSCO-0113 weConnect '15 - Living a Kung Fu Life WC15 1 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 3 07/21/2015 PSCO-0113 weConnect '15 - Public Sector Niche Breakout WC15 9 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 144.0 Total Hours Certificate of Completion Employee Name: Sundeep Bablani, CPA, CISA, CITP Professional Session Start Credits Date Provider December 2013 to December 2015 Learning Unit Title Sarno. Padgett Stratemann Code 15 06/10/2015 TBA -2705 12th Annual CFO Conference 2355-2015 17 09/22/2014 TSCPA-260 2014 Financial Institutions Conference FIC01-2014 17 09/28/2015 TSCPA-260 2015 Financial Institutions Conference F1 C01-2015.17 8 09/04/2014 AuditSense-109165/TX-00958E Accounting and Auditing Update 2014 409414 4 08/25/2014 McGladrey-4283 Accounting Estimates and the McGladrey Professional Judgment - ASAP and El 47338-2014 3 03/28/2014 SWACHA ACH Audit: Preventative Measures for a Chaning Marketplace 441514 13.2 06/02/2015 SWACHA ACH Boot Camp - Compliance Specialist Training School Z060215 2 08/28/2014 McGladrey-4283 Advanced Stock Based Compensation - ASAP 48117 2 08/27/2015 McGladrey-4283 Answering Your Audit Questions - ASAP 48224 8 09/05/2014 PSCO-0113 Audit Team Training 2014 409514.8 4 08/27/2014 McGladrey-4283 Audit Update - ASAP and EICC 2014 41322 6 10/03/2014 PSCO-0113 Bank Team Interim Training 2014 410314 7.5 10/12/2015 PSCO-0113 Bank Team Interim Training 2015 A101215 1 09/15/2015 PSCO-0113 Best Practices for Working with the Report Production Team A091515 1.5 08/27/2015 McGladrey-4283 Better Proposals, Less Hassle: Developing Winning Proposals with Minimal Pain 41407.1.5 2 08/26/2015 McGladrey-4283 Bring Your Audit Questions 48225 1.5 08/28/2014 McGladrey-4283 Common Practice Issues in Derivatives - ASAP 2014 48119 2 08/24/2015 McGladrey-4283 Economics 101 - ASAP 48230 2 06/09/2014 McGladrey-4283 FI - Mid Year Update for Financial Institutions Auditors - 2014 65519 2 06/09/2015 McGladrey-4283 FI - Mid Year Update for Financial Institutions Auditors - 2015 65520 4.5 08/26/2015 McGladrey-4283 FI Update - 2015 - ASAP 65437 4.5 08/27/2014 McGladrey-4283 FI Update - ASAP 2014 64086-2014 2 08/26/2015 Mcgladrey-4283 Financial Institutions: New Developments in 2015 - ASAP 65021 2 08/25/2015 McGladrey-4283 FS - Broker Dealer Update - 2015 - ASAP 65013 2 08/27/2014 McGladrey-4283 Internal Control Risk Assessment Procedures - ASAP 2014 48116 3.5 08/28/2014 McGladrey-4283 Listening Beyond the Words - ASAP 2014 41415 1 06/03/2014 PSCO-0113 Managing Your Time so It Doesn't Manage You 106214 1 05/04/2015 McGladrey-4283 McGladrey Assurance Resources and the Portal 27139 3 05/13/2015 McGladrey-4283 McGladrey Risk Assessment Process 27137 16 05/21/2014 PSCO-0113 MLA - Center for Character Based Leadership - Session 2 MLA 2014 2.16 6 06/16/2014 PSCO-0113 MLA - Client Cross Selling and Client Service that Creates Loyalty MLA CS.6 2 08/06/2014 PSCO-0113 MLA: The Initial Meeting MLA Module 2 4 07/24/2014 PSCO-0113 MLA: Understanding the Current Sales Process and Related Tools MLA Module 1 4 09/21/2015 Pass Online-102626/TX-00759 Personal and Professional Ethics for Texas CPAs -2015 EXTX14 4 08/28/2014 McGladrey-4283 Real Estate Update - ASAP 2014 65007 4 08/25/2015 McGladrey-4283 Recent Accounting Developments and Practice Issues - 2015 - ASAP 48223 40 07/28/2014 MIS -103321 Securing and Auditing Virtualized Environments 572814 13 04/15/2015 TBA -2705 TBA 131st Annual Convention - 2015 2343.13 2 08/27/2014 McGladrey-4283 Testing Internal Controls - ASAP 2014 48115 2 08/24/2015 McGladrey-4283 The Revenue Cycle - ASAP 48227.2 2 08/25/2015 McGladrey-4283 Understanding ITGC's in a Private Company Audit - ASAP 48228 3.5 07/21/2015 PSCO-0113 weConnect '15 - Audit Team Breakout WC15 13.3.5 3 07/21/2015 PSCO-0113 weConnect '15 - Bank Niche Breakout WC15 10 4.5 07/20/2015 PSCO-0113 weConnect '15 - Niche Pitch and Service Lines WC15 6.4.5 1 07/20/2015 PSCO-0113 weConnect '15 - Risk Management WC15 2 1 07/20/2015 PSCO-0113 weConnect '15 - Sensitivity Training WC15 3 1 07/20/2015 PSCO-0113 weConnect '15 - State of the Firm WC15 5 8 07/21/2014 PSCO-0113 weConnect Retreat 2014 107314 263.20 Total Hours EXHIBIT 6 - TEAM MEMBER RESUMES Ps&co. 1 Prime -Contractor Firm ps co. Marc Sewell, CPA Partner marc.sewell@padgett-cpa.com ps&co. Padgett Stratemann Marc has more than 17 years of industry and public accounting experience, serving primarily the public sector industry. Marc's primary responsibilities include financial audits, federal and state compliance audits, implementation of new accounting requirements, and consulting. His client experience includes municipalities, school districts, charter schools, college districts, utilities, governmental employee benefit plans, not -for -profits, and other local government agencies. EXPERIENCE ■ Governmental auditing, accounting, and reporting ■ Financial accounting and reporting ■ OMB Circular A-133 compliance audits ■ Instructor of accounting and reporting technical updates AFFILIATIONS ■ American Institute of Certified Public Accountants (AICPA) ■ Texas Society of Certified Public Accountants (TSCPA) ■ San Antonio Chapter of TSCPA ■ GFOA Certificate of Achievement Program — Special Review Committee Member ■ Alamo Area Association of School Business Officials (AAASBO) ■ Communities in Schools —Treasurer and Executive Committee Member ■ Alamo Area Academies, Inc. — Treasurer EDUCATION AND CERTIFICATION ■ BBA in Accounting — The University of Texas at San Antonio, San Antonio, Texas ■ Certified Public Accountant NOTEWORTHY ACCOMPLISHMENTS ■ TSCPA Rising Star Award — 2013 ■ Leadership San Antonio — Class 37 ■ Padgett Stratemann Berend Trophy Recipient — 2011 ■ Padgett Stratemann Professional Provider of the Year — 2009 Joel Perez, Jr., CPA Partner joel.perez@padgett-cpa.com ps&co. Padgett Stratemann Joel has more than 20 years of public accounting and industry experience, primarily serving the public sector industry. His client responsibilities include serving as lead engagement partner for financial audits, federal and state compliance audits, consulting engagements, internal control process reviews, and operational performance audits. His industry expertise includes local municipalities, water utilities, river authorities, independent school districts, charter schools, government-sponsored retirement plans, private schools, and tax exempt (not-for-profit) organizations. EXPERIENCE ■ Firm quality control reviewer for attest engagements ■ Local municipality, utility, and education industry leader ■ GAS and OMB Circular A-133 technical reviewer ■ Internal accounting control systems ■ Financial accounting and reporting ■ Performance audits and special reviews ■ Instructor of technical accounting and reporting updates for public sector trade associations AFFILIATIONS ■ American Institute of Certified Public Accountants (AICPA) ■ Texas Society of Certified Public Accountants (TSCPA) ■ San Antonio Chapter of TSCPA ■ Texas Association of School Business Officials ■ Alamo Area Association of School Business Officials ■ Governmental Finance Officers Association ■ Governmental Finance Officers Association of Texas EDUCATION AND CERTIFICATION ■ BBA in Accounting —The University of Texas at Brownsville, Brownsville, Texas ■ Fluent in Spanish ■ Certified Public Accountant NOTEWORTHY ACCOMPLISHMENTS ■ San Antonio Hispanic Chamber of Commerce — Board member and Finance Committee Co -Chairman ■ Leadership San Antonio Class 32 — Graduate ■ Leadership San Antonio Class 34 — Steering Committee member ■ Leadership San Antonio Class 37 — Co -Chairman ■ Graduate of Center for Character Based Leadership Program ■ 2011 San Antonio Business Journal 40 under 40 Rising Star Award ■ 2012 Texas Society of CPAs Rising Star Award ■ Frequent instructor/presenter at: — Texas Association of School Boards Convention — Texas Charter Schools Association Conference — Texas Association of School Business Officials Conference — Alamo Area Associations of School Business Officials Kevin Smith Assurance Partner McGladrey & Pullen, LLP kevin.smith@mcgladrey.com 816.751.4027 Summary of Experience Kevin specializes in the public sector industry. As a public sector specialist for the firm, he focuses on providing audit, consulting and reporting services to governmental and not-for-profit entities. In his role as a public sector specialist, Kevin brings an in-depth understanding of governmental and not-for-profit accounting, auditing and compliance reporting to his clients. As a condition of meeting the firm's standards for this designation, he is versed in the financial and compliance -related requirements of governmental entities. Kevin is an internal control specialist for the firm. This designation is given to auditors who receive special training in internal control understanding and evaluation and requires him to assist on engagement teams of all industries in understanding and documenting internal control. Kevin is a reviewer for the GFOA's Certificate of Achievement for Excellence in Financial Reporting. Kevin is involved in teaching professional education courses on a national and local level. These courses include yellow book seminars. He has received specific training for governmental units and future governmental accounting standard changes and has received the necessary continuing professional education to be considered yellow book certified. Kevin currently serves as the audit partner on many municipalities, including the following: City of Tulsa, Oklahoma; City of Columbia, Missouri; City of Overland Park, Kansas; City of Fort Collins, Colorado; City of Longmont, Colorado; City of Waterloo, Iowa; City of Excelsior Springs, Missouri; City of Roeland Park, Kansas; City of Riverside, Missouri. Professional Affiliations and Credentials • Certified Public Accountant • American Institute of Certified Public Accountants • Missouri Society of Certified Public Accountants • Government Finance Officers Association • Kansas Government Finance Officers Association • Colorado Government Finance Officers Association • Government Finance Officers Association of Missouri Education • St. Ambrose University, Bachelor of Arts Degree in Accounting AI lit Ashley K. Alejos, CPA Manager ashley.alejos@padgett-cpa.com PS8C0.1 Padgett Stratemann Ashley has more than six years of public accounting experience, serving many industries including commercial, construction, manufacturing, employee benefit plans, governmental, and not-for- profit. EXPERIENCE ■ Financial accounting and reporting ■ Employee benefit plan audits ■ Governmental and not-for-profit auditing, accounting, and financial reporting AFFILIATIONS ■ American Institute of Certified Public Accountants (AICPA) ■ Texas Society of Certified Public Accountants (TSCPA) ■ Governmental Finance Officers Association (GFOA) ■ Texas Association of School Business Officials (TASBO) EDUCATION AND CERTIFICATION ■ BBA in Accounting — University of Texas at San Antonio, San Antonio, Texas ■ MAC — University of Texas at San Antonio, San Antonio, Texas ■ Certified Public Accountant Michelle Hyde, CPA Audit Manager michelle.hyde@padgett-cpa.com psatco. Padgett Stratemann Michelle has more than 14 years of industry and public accounting experience, primarily serving the public sector industry and auditing various public sector entities, including school districts, not -for - profits, municipalities, local government agencies, and various state agencies. EXPERIENCE • Government auditing, accounting, and reporting • Financial accounting and reporting • OMB Circular A-133 compliance audits • Instructor of accounting and reporting technical updates AFFILITATIONS • American Institute of Certified Public Accountants (AICPA) • Texas Society of Certified Public Accountants (TSCPA) • San Antonio Chapter of TSCPA • Green Spaces Alliance — Executive Committee Member, Treasurer EDUCATION AND CERTIFICATION • BBA in Accounting — The University of Texas at San Antonio, San Antonio, Texas • Certified Public Accountant PS8C0.1 Padgett Stratemann Carla Contreras, CPA Supervisor carla.contreras@padgett-cpa.com Carla has more than six years of public accounting experience, serving many industries including commercial, construction, manufacturing, retail, governmental, and not-for-profit. EXPERIENCE ■ Financial accounting and reporting ■ Governmental auditing, accounting, and reporting ■ OMB Circular A-133 compliance audits ■ Employee benefit plan audits EDUCATION AND CERTIFICATION ■ BBA in Accounting — University of Texas at San Antonio, San Antonio, Texas psstco. Padgett Stratemann Taylor Wightman, CPA Supervisor taylor.wightman@padgett-cpa.com Taylor has more than three years of public accounting experience. She serves the public sector industry auditing various entities, including school districts, not -for -profits, and local government agencies. She also serves the construction industry auditing both general and sub contractors. EXPERIENCE • Financial accounting and reporting • Government auditing, accounting, and reporting • OMB Circular A-133 compliance audits AFFILITATIONS • American Institute of Certified Public Accountants (AICPA) • Texas Society of Certified Public Accountants (TSCPA) • San Antonio Chapter of TSCPA EDUCATION AND CERTIFICATION • BBA and MS in Accounting — Texas Tech University, Lubbock, Texas • Certified Public Accountant • Sundeep Bablani, CPA, CISA, CITP Senior Manager sundeep.bablani@padgett-cpa.com ps&co. Padgett Stratemann Sundeep has more than 16 years of accounting experience. He primarily serves the banking industry and provides information technology (I.T.) consulting services to various niches within the firm. EXPERIENCE ■ Financial statement audits Internal audit outsourcing ■ Loan review outsourcing ■ I.T. audits, as well as consulting projects, including the review of management policies, risk assessments, disaster recovery policies, general controls, I.T. security, management oversight, etc. Employee benefit plan and 401(k) audits ■ ACH audit and risk assessment ■ Enterprise wide risk assessment for financial institutions AFFILIATIONS ■ American Institute of Certified Public Accountants (AICPA) Texas Society of Certified Public Accountants — Financial Institutions Committee Information Systems Audit and Control Association Big Brothers Big Sisters of Central Texas — Volunteer Jimenez Foundation Meals on Wheels — Volunteer Capital Area Food Bank — Volunteer EDUCATION AND CERTIFICATION ■ BBA —Texas A&M University, College Station, Texas ■ Certified Public Accountant ■ Certified Information Systems Auditor (CISA) ■ Certified Information Technology Professional (CITP) Subcontractor Firm Ps&co. ERNEST R. GARZA Office 10201 Leopard St. #A, Corpus Christi, Texas 78410 Office: (361) 241-2452, (800) 241-1272, Fax: (361) 242-1525, E-mail: emestrgarza@hotmail.com QUALIFICATION SUMMARY As a local CPA, contractor, and real estate broker, I have worked from the initial stages of developments of projects to the close out procedures. I have dealt with numerous contracts and construction projects that have provided invaluable insight as an accountant and auditor. My experience on various volunteer boards, many of which I have served in an executive capacity, demonstrates my leadership ability and commitment in areas that I have or currently serve. 1981-1982 1979-1980 EDUCATION Corpus Christi State University, Corpus Christi, Texas Bachelor of Business Administration in Accounting, December 1982. University of Texas, Austin, Texas Del Mar Junior College, Corpus Christi, Texas Completed 60 hours of degree program, emphasis in Accounting EMPLOYMENT 1998 to Present Ernest R. Garza and Company, P.C. Certified Public Accountants — Corpus Christi, Texas — President, Founder Regional area public accounting firm. Performing audits, tax, accounting and consulting services for various entities including and specializing in governmental, non-profit as well as profit institutions. Firm employs twelve full-time and two part-time staff. 1988 to 1998 Ernest R. Garza, C.P.A. — Corpus Christi, Texas - Owner Regional area public accountant. Perform audits, tax, accounting and consulting services for various entities including and specializing in governmental, non-profit as well as profit institutions. Employ three full-time and three part-time staff. 1994 to Present E.G Investments, Inc. Dba\ EGI, Paladin Painting Company, E.G.I. Construction Company — Corpus Christi, Texas — President\Founder Oversee and maintain operations of a staff of twenty personnel for commercial and residential contraction projects. Annual sales average over $1.7 million dollars. 1996 to 1998 City of Robstown Utility System — Robstown, Texas - Superintendent of Utilities Supervised a staff of 57 employees in the following departments: electric distribution, power plant, sewer, gas and administration. Responsible to the Board of Trustees/citizens for all financial, budget and administrative policy procedures. Developed and managed a budget of almost $10 million dollars annually. Responsible for maintaining compliance with the Texas Railroad Commission, Texas Natural Resource Conservation Commission and Public Utility Commission along with the related City Charter provisions. 1989 to 1996 1990- to 1991 City of Robstown Utility System — Robstown, Texas - Director of Finance Supervised the Administration office staff of eleven. Responsible for preparing the audit and budget of the Utility System along with monthly financial reporting requirements. Conviser, Miller and Duffy C.P.A. Review Class — Corpus Christi, Texas — Instructor, Corpus Christi State University, answer any questions regarding practice, audit, theory and business law questions related to the C.P.A. examination. ERNEST R. GARZA - Resume Page 2 of 2 Employment - Continued - 1984 to Present Rolling Hills Realty Company — Corpus Christi, Texas — Broker/Owner Supervise office of four realtors in commercial and residential real estate services. 1983 to 2002 Garza Farming Company — St. Paul, Texas — A Small Texas Farming operation harvesting sorghum, and other various grain crops and employing seasonal personnel. 1987 to 1989 Dove, Miller and Company, C.P.A.'s, — Corpus Christi, Texas - Staff Auditor Perform audits of non-profit, profit and governmental entities and Federal income tax returns. Maintain monthly write-up and accounting for multiple clientele. 1986 to 1987 Arturo Vasquez and Company, C.P.A.'s, Corpus Christi, Texas - Staff Auditor. Perform audits of non-profit, profit and governmental entities. Maintain tax write-up and accounting for clientele. 1983 to 1986 State Comptroller of Public Accounts, Austin, Texas — Auditor Performing sales and franchise audits of various businesses. Administrator of Local Governments — Assisted various city and county governments in establishing internal controls and reviewing related compliance issues. Revenue Examiner — Maintain financial records for manufactured housing tax obligations due the State of Texas. Responsible for filing of state liens, judgements, bankruptcy claims along with payment agreements. PERSONAL Director, 2000 -Present, Nueces River Authority Board, State Appointment by former Governor George W. Bush. Chairperson — 2002, Vice Chair — 2001, Hispanic Contractor's Association, Corpus Christi, Texas Accountant of the Year — 2002, ValueBank of Texas Member - Corpus Christi Chamber of Commerce - Ambassador, 2001. President, 1998-1999 Robstown Area Development Commission, Robstown, Texas. President, 1994-1999 River Acres Water Supply Corporation, Corpus Christi, Texas. Robstown Area Development Commission, 1997 Award — In Recognition and Appreciation for Excellent Business Performance and Management of Diversified Business Endeavors. President, Robstown Lions Club, 1994 to 1996, Robstown, Texas. President, Robstown Chamber of Commerce, 1994-1995, Robstown, Texas. Treasurer, Harbor Playhouse, 1989 to 1991, Corpus Christi, Texas. Workforce Development Corporation, Board Member, 1990-1992. Corpus Christi Hispanic Chamber of Commerce —1989 Financial Advocate of the Year. Former Member — Hispanic Chamber of Commerce, Corpus Christi, Texas. 1990-2000. Northwest Optimist Club — Five Points, 2003. Optimist Club — Texas A & M University, Corpus Christi, Texas, Charter Member, 1998 to 1999. Member — Northwest Business Association, Corpus Christi, Texas. Former member of the Kiwanis, Robstown Lions Club — President — 1993 to 1998. Married — wife Cynthia, two children, Ernest Reed Garza 21 years Old. 11/19/94 D.O.B. Andria Celine Garza, 17 years Old. 04/02/98 D.O.B. Hobbies - Hunting, fishing, golf and getting involved. EDUCATION 01/96-08/04 Leslie Garza 806 West Avenue E Robstown, Texas 78380 (361) 387-3044 Leslie_Garza806@hotmail.com Texas A&M University, Kingsville, Texas 78363 Master 's of Professional Accountancy, August 2004 Bachelor 's of Business Administration in Accounting, December 2003 09/93-12/95 Del Mar College, Corpus Christi, Texas 78404 Business Administration in Accounting 06/93 Robstown High School, Robstown, Texas 78380 Diploma EXPERIENCE 06/06 -present Ernest R. Garza & Company, P.C., Corpus Christi, Texas 78410 Auditor • Assess compliance of financial regulations and controls • Assess risks and internal controls • Verify assets and liabilities • Perfoini testing, collect and analyze data and communicate findings • Assist with audit reports 10/03-05/06 09/03-10/03 07/03-09/03 02/03-07/03 City of Driscoll, Driscoll, Texas 78351 Accountant • Record all general ledger transactions for the City • Process and post all payroll, account payables, account receivables • Maintain all financial records, investments and debt information • Assist with recording the minutes for the City Council Meetings Access Ford, Ltd., Corpus Christi, Texas 78412 Accounts Payable Clerk • Trained another person for Accounts Payable Clerk(09/29/03-10/03/03) • Processed, posted, and paid payables for Access Ford and Access Chevrolet • Reconciled vendor statements • Printed vendor checks and on -demand checks Snelling Personnel Service, Corpus Christi, Texas 78411 Temp—Accounts Payable and Payroll Clerk • Processed, posted and paid vendor invoices and inter -company payables • Printed and reviewed technician reports and employee timesheets • Posted and processed payroll checks for technicians and hourly employees • Maintained, updated and created spreadsheets for advertising and certain vendors • Faxed, mailed, copied, and filed paperwork Leslie Garza 2 02/02-12/02 Temp --GIS Technician • Read and obtained information from Project Plans (Water & Wastewater) • Used Access Database to search for projects and to input problem areas ♦ Updated and queried attribute information in ArcGIS 01/02 —01/02 Stephen Computer Center, Inc., Corpus Christi, Texas 78415 Accounting Assistant • Assisted with printing 941s, 940s, W -3s, W -2s, and Quarterly Reports • Checked that Social Security, and Medicare balances were calculated correctly • Entered SUTA and FUTA tax amounts in computer system • Wrote and faxed new hire forms • Bank Reconciliations 09/01-01/02 04/97-03/01 12/91-01/97 09/93-12/94 Snelling Personnel Services,Corpus Christi, Texas 78411 Temp ---Office Assistant • Data Entry for a law office Kleberg County Auditor-Kleberg County Courthouse, Kingsville, Texas 78363 First Assistant County Auditor • Ensured Grant regulation compliance • Audited county departments • Worked with fixed assets • Processed accounts payable and printed checks • Assisted with fiscal year close-out and budgeting ♦ Distributed reports through AS400 system • Helped assistant auditors with computer problems and assisted commissioners Assistant County Auditor • Processed Budget Amendments and Line -Item Transfers • Assisted with payroll and departmental audits • Processed accounts payable and printed checks • Assisted with budgeting • Filed, typed, mailed, and order supplies • Distributed reports Alamo Fireworks, Corpus Christi, Texas Salesperson (Seasonal Work) • Handled cash, sales revenue $10,000-20,000 • Organized supplies • Posted price signs • Stocked and'counted ending inventory • Provided customer assistance Del Mar College -Business Technology Department, Corpus Christi, Texas 78404 Computer/Typing Lab Monitor • Supervised students • Kept daily inventory of supplies and changed supplies as needed • Assisted students with computer hardware/typewriter problems • Assisted students with computer software problems Leslie Garza 3 ACTIVITIES AND HONORS Accounting Society, member, 2 semesters, 1998-1999 Delta Mu Delta Honor Society, member, 1997 Garnett & Emogene Davis Scholarship, recipient, 1997 Certificate of Participation, Navigating the Internet Workshop, recipient, 1996 Certificate of Completion, Bank Teller Training, recipient, 1995 Bank of Robstown Scholarship, recipient, 1993 ADDITIONAL SKILLS Software: Alphanumeric, dBase, Lotus 1-2-3, Word Perfect 3.0 & 5.1, MS -Dos, Quattro Pro 6, Windows 95, 98 (Excel, Word), ArcGIS 8.2 (ArcMap, ArcToolbox, ArcCatalog); Other: Reynolds & Reynolds system, ADP database. Other Skills: 10 -key by touch, fluent in Spanish REFERENCES Beatrice Lopez Teacher 1115 Hidalgo Rd Robstown, TX 78380 (361) 387-0071 Blandina Costley Accountant 10913 Annaville Rd Corpus Christi, TX 78410 (361)241-2644 Karen Albright Assistant Treasurer 715 E. Shelton Kingsville, TX 78363 (361) 593-8535 ERNEST R. GAR/A COMPANY- Mark OMIA Y Mark J. Wright Audit Team Member Summary of Experience Education • Corpus Christi State University Currently known as Texas A & M University, Texas Bachelor of Business Administration Finance Major 1988-1990 • Del Mar College Corpus Christi, Texas Business Administration Completed 64 hours 1986-1988 Special Training • Introduction to Texas School District Accounting and Auditing, June 2015 • Introduction to Texas School District Accounting and Auditing Update, June 2015 • Global CPE -Yellow Book In Depth, July 2015 • Federal Funds Management Advisor- Single Audit -Good Bye Circular A-133, February 2014 • Government and Nonprofit Update, April 2014 • ACPEN-2014 Texas School District Accounting Conference, June 2014 • Accounting & Auditing Update, July 2014 • Everything You Wanted To Know About (GAGAS) For Financial Audits, July 2014 • Fundamental Audit Strategies, August 2014 • Tackle the New Pensions Standards -GASB Statements No.67 and 68, September 2014 • Wrap Up of Texas Schools Accounting and Auditing, September 2014 • Year End Government and Nonprofit Update, February 2013 • Audit Sampling Considerations in Single Audits, March 2013 • Auditing Standards Update : Including Significant Clarity Issues, March 2013 • Performing Effective and Efficient Single Audits, March 2013 • PPC -101 Materiality, Sampling, Scoping, Tests of Controls, March 2013 1 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation ERNEST R. (MARIA RT � A)MPANV Security Clearance None at this time Work Experience • October 2008 to present Ernest R. Garza & Company, P.C. Present position: Audit team member Perform governmental auditing for various government entities. These entities include City and County governments, Municipal Districts, Independent School Districts. • December 2006 to October 2008 Hunter Industries Heavy equipment operator Road construction, participated in construction of Highway 59 from Interstate 37 to George West, Texas. • June 2003 to December 2006 Bay Inc. Equipment operator Participate in construction of Highway 44 bypass and runway repairs at Corpus Christi international airport. • August 2002 to June 2003 City of Corpus Christi Temporary position Stevens Water Plant and Solid Waste Division Relevant experience • Texas Department of Human Resources Eligibility Specialist II 1991-1996 Interview and screen applicants for governmental assistance programs such as 2 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation RNI,ST R. GA RZA COMPANY Aid to Families with dependent children, SNAP (formerly known as food stamp Program) and Medicaid. M.A.P.A. Medical Assistance Program Advisor 1996-1999 Assist hospital patients with third party reimbursement programs for Christus Spohn Hospital System which included Medicaid, Social Security disability, Crime Victims assistance and County assistance programs. 3 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal or quotation EXHIBIT 7 - SUBCONTRACTOR FIRM HUB CERTIFICATE Ps&c� 1 5658 Bear Lane I Corpus Christi. Texas 78405 I p. 361-2892712 I f. 361-259-3057 I www.ccrta.org December 4, 2014 Ernest R. Garza and Company, P.C. Mr. Ernest R. Garza 10201 Leopard Street, Suite #A Corpus Christi, TX 78410-1923 Dear Mr. Garza, TUCP E eoti on The Regional Transportation Authority's DBE liaison officer has received your 2014 annual update affidavit as a Disadvantaged Business Enterprise (DBE). The annual review has been completed in accordance with Department of Transportation Regulation 49 CFR, Part 26. We are pleased to inform you that the annual review for certification in our Disadvantaged Business Enterprise (DBE) Program has been approved. Your firm met the requirements in accordance with United States Department of Transportation's (US DOT) DBE standards set forth in 49 Code of Federal Regulations (CFR) Part 26. Your DBE certification is valid at any Texas entity that receives DOT funds and has a DBE Program. This certification allows your firm to bid on federally assisted (public transit, highway, and aviation) contracts as a DBE certified vendor in the following work function(s): NAICS Code 541211— Offices of Certified Public Accountants NAICS Code 541213 — Tax Preparation Services NAICS Code 236220 — Commercial and Institutional Building Construction Your certificate number 120704 remains the same. Please do not release your certificate number to prime contractors prior to signing a contract with them. Federal regulations 49 CFR, Part 26 requires DBEs to provide annually, on the anniversary date of their certification (for Ernest R. Garza and Company, P.C. — anniversary date falls every December 7th), a no- change affidavit form and requested documents. The affidavit form will be mailed to you 30 days prior to your anniversary. Please notify our office should any changes occur in the ownership, management control, or contact information (i.e. address or phone numbers) of your company. Changes in ownership, management control, or contact information must be submitted in writing within 30 days of the change. If you fail to comply with these requirements, you will be deemed to have failed to cooperate under 49 CFR, Part 26 Section 26.109 (c) which will initiate the decertification process of your firm as a DBE. Your firm will be listed in Texas Department of Transportation (TxDOT) TUCP DBE Directory. The directory is on http://txdot,txdotcros.com. If we can be of further assistance regarding the DBE Program, please feel free to contact our office at (361) 289-2712. We Zook forward to a mutually beneficial working relationship with your company. Sincerely, Jo ana "---------- ruz-Aedo ng Director of Admi istration/DBE Officer Enclosure: DBE Certificate RPUS IS° EG INA ANSPORTATI1DN AUTHORITY Texas Unified Certification Program.�s"�. Disadvantaged Business Enterprise (DBE) Certificate OR The Corpus Christi Regional Transportation Authority hereby certifies that Ernest R. Garza and Company, P. C, Certificate No, 120704 Has Met the Requirements of the Department of Transportation's Disadvantaged Business Enterprise Program to be certified as a Disadvantaged Business Enterprise (DBE) in the industry area(s) of: NAICS Code 541211— Offices of Certified Public Accountants NAICS Code 541213 — Tax Preparation Services NAICS Code 236220 — Commercial and Institutional Building Construction Anniversary Date: December 7th Jorge.' Aedo, DBison Officer Certification is contingent upon the CCRTA receiving an affidavit of continued eligibility each year. This certification must be updated annually every anniversary date by submission of an Annual Update Affidavit. At any time there is a change in ownership or control of the firm, notification must be made immediately to the Corpus Christi Regional Transportation Authority. Diversity Management System - Texas Department of Transportation Page 1 of 1 Vendor Information Vendor Information Business Name Owner Address > Mao This Address Phone Fax Email Certification Information Certifying Agency Certification Type Certified Business Description Commodity Codes NAICS 236220 NAICS 54121 TxDOT 12 ERNEST R. GARZA & COMPANY, P.C. ERNEST GARZA, R. 10201 LEOPARD ST., SUITE A CORPUS CHRISTI, TX 78410-1923 361-241-2452 361-242-1525 ERNESTRGARZA@HOTMAIL.COM CLOSE WINDOW EX H ELP Corpus Christi Regional Transportation Authority DBE - Disadvantaged Business Enterprise Accounting, Tax Preparation, Bookkeeping, and Payroll Services Commercial and Institutional Building Construction (More) Accounting, Tax Preparation, Bookkeeping, and Payroll Services (More) Professional Services - includes consulting engineers, architects, and surveyors Additional Information Work Districts/Regions All work districts/regions Customer Support Print This Paoe Copyright © 2014 B2Gnow. All rights reserved, https://txdot.txdotcros.com/FrontEnd/VendorSearchPublicDetail.asp?XID=2153 &TN=txd... 12/4/2014 EXHIBIT 8 - SUBCONTRACTOR FIRM PROFILE Ps&co. 1 AFFIRMATION OF FIRM PROFILE We affirm the following: 1. We are a regional firm and Ernest R. Garza is a licensed Texas Certified Public Accountant — No. 48518. Member of the Texas State Society of CPA's, AICPA, AICPA Governmental Audit Quality Center. 2. Our office is located at 10201 Leopard #A, Corpus Christi, Texas 78410 (Audit office) and 6102 Ayers St., Corpus Christi, Texas 78415 (Tax office). 3. Range of year round services performed by our offices include tax, audit, accounting and management services. 4. The audit will be performed by several of our auditors — See qualification summary. QUALIFICATION SUMMARY All auditors with the firm are required to receive 40 hours in governmental auditing annually. Quality control is achieved by changing personnel from their prior year assignments as well as internal reviews by other staff not originally assigned to specific tasks. Additionally, we utilize other external auditors that periodic reviews of our work -papers besides our required 3 year peer review. Audit personnel may be changed at the discretion of the Offeror provided that replacements have substantially the same or better qualifications or experience. ERNEST R. GARZA, CPA — President — I have worked for several local CPA firms before establishing the firm in 1988. I have worked and assisted in such audits as the Counties of Bee, Nueces, Starr, Refugio, Duval, Dimmit, Sterling, Maverick, Dallas and Jim Hogg. Other audits that I have worked on are the following: the Coastal Bend Council of Governments, the City of Beeville, Ingleside, Robstown, San Diego, Driscoll, Mathis, Bayside and Taft along with the School Districts of Tuloso-Midway, Driscoll, Robstown, San Diego, Taft, Premont, Ramirez Common, Banquete and others governmental entities such as Nueces County Drainage District No. 2 and 3, the Corpus Christi Downtown Management District, Robstown Utility System, Town of Refugio, Nueces Water Supply Corporation, Ricardo Water Supply Corporation, Maverick Markets Pension and Trust Fund and various schools districts along with numerous other government grantees and entities. My prior experience includes three years of service with the State Comptroller's Office in the local governmental assistance program establishing accounting/ internal control systems, and accounts examiner responsible for tax collections of delinquent taxes including any necessary legal actions. Other information regarding Ernest R. Garza, C.P.A. — A former instructor for several years at Corpus Christi State University for the nationally known CPA Preparation course — Conviser Duffy. Classes taken in the last two years (annually taken for updates by all staff) include: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit Texas Ethics Update PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Federal Tax Update Single Audit - New Circular A-133 Revised Procedures Peer Review and Other Issues Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference The District's Responsibility for Preparing the Annual Financial Report Yellow Book and the Single Audit Act Truth In Taxation — Annual Update Texas Open Meetings Act Public Investment Act Pension Standards - GASB Statements 67 and 68 Everything you wanted to know about GASAS for Financial Statements 2015 OMB Compliance Supplement and Single Audit Update QUALIFICATION SUMMARY LEE TRUJILLO, CPA — Lee works with the firm in various capacities as a lead auditor. His experience with schools include (Robstown, San Diego, Taft, Premont and Tuloso Midway Independent School Districts) counties (Nueces, Duval) and city government (Taft, Ingleside, Robstown, Driscoll, San Diego) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit Texas Ethics Update PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Federal Tax Update Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference The District's Responsibility for Preparing the Annual Financial Report Yellow Book and the Single Audit Act Truth In Taxation — Annual Update Pension Standards - GASB Statements 67 and 68 Everything you wanted to know about GASAS for Financial Statements LESLIE GARZA, CPA Candidate (Auditor) - Leslie is an experienced auditor with various experience in schools (Robstown, Premont, Taft, Ramirez Common, San Diego and Tuloso- Midway Independent School Districts) counties (Nueces, Bee, Jim Hogg, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis, Beeville) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference The District's Responsibility for Preparing the Annual Financial Report Yellow Book and the Single Audit Act Pension Standards - GASB Statements 67 and 68 Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing The District's Responsibility for Preparing the Annual Financial Report Internal Controls for Schools Yellow Book and the Single Audit Act 2015 OMB Compliance Supplement and Single Audit Update QUALIFICATION SUMMARY TERRY WENDERSKI (Auditor) - Terry is part of our audit/tax team and is an experienced auditor with various experience in schools (Robstown, Premont, Taft, San Diego and Tuloso Midway Independent School Districts) counties (Nueces, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis) and many other governmental entities. Classes taken in the last two years including annual updates Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference The District's Responsibility for Preparing the Annual Financial Report Yellow Book and the Single Audit Act Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing The District's Responsibility for Preparing the Annual Financial Report Internal Controls for Schools Yellow Book and the Single Audit Act Federal Tax Update VICTOR GARCIA (Auditor) - Victor is an experienced auditor with various experience in schools (Robstown, Premont, Taft, San Diego and Tuloso Midway Independent School Districts) counties (Nueces, Bee, Jim Hogg, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis, Beeville) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference Yellow Book and the Single Audit Act Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing The District's Responsibility for Preparing the Annual Financial Report Internal Controls for Schools Yellow Book and the Single Audit Act Audit LEA in Testing, Analyzing and Reporting for Texas Schools 2015 OMB Compliance Supplement and Single Audit Update QUALIFICATION SUMMARY MARK WRIGHT (Auditor assistant) - Mark is part of our audit/tax team and is an experienced auditor with various experience in schools (Robstown, Premont, Taft, San Diego and Tuloso Midway Independent School Districts) counties (Nueces, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment PPC Smart Tools - Disclosure/Field Work Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference Yellow Book and the Single Audit Act Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing The District's Responsibility for Preparing the Annual Financial Report Internal Controls for Schools Yellow Book and the Single Audit Act FRANK BUELL - CPA Candidate (Auditor) — Frank is part of our audit/tax team and is an experienced auditor with various experience in schools (Robstown, Premont, Taft, San Diego and Tuloso Midway Independent School Districts) counties (Nueces, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update —Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference Yellow Book and the Single Audit Act Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing The District's Responsibility for Preparing the Annual Financial Report Internal Controls for Schools Yellow Book and the Single Audit Act Texas School District Auditing Audit LEA in Testing, Analyzing and Reporting for Texas Schools Various tax classes - retirement, pension, individual, corporate. QUALIFICATION SUMMARY GABRIEL LEE SANEZ - CPA Candidate (Auditor) — Gabriel is part of our audit/tax team and is an experienced auditor with various experience in schools (Robstown, Premont, Taft, San Diego and Tuloso Midway Independent School Districts) counties (Nueces, Duval) and city government (Ingleside, Taft, Robstown, Driscoll, San Diego, Mathis) and many other governmental entities. Classes taken in the last two years including annual updates: Yellow Book Update Annual Audit Update — Accounting and Auditing Audit Sampling in a Single Audit PPC Smart Tools - Risk Assessment Single Audit - New Circular A-133 Revised Procedures Governmental and Nonprofit Update Generally Accepted Auditing Standards for Financial Statements Introduction to Texas School District Accounting and Auditing Texas School District Auditing Conference Yellow Book and the Single Audit Act Everything you wanted to know about GASAS for Financial Statements Texas School District Auditing AUDIT CLIENT INFORMATION The following are some of current/past county/local government audit clients: All audits are performed from the Audit office of 10201 Leopard #A, Corpus Christi, Texas 78410. Meetings may be held at the Ayers office for client convenience. Ernest R. Garza, CPA is the engagement partner on all engagements. Ernest R. Garza & Company, P.C. CPA's - Current and Prior Entities: City of Ingleside Contact — Jim Gray - City Manager, Paul Bien, CPA, Financial Consultant (361) 776-2517 Nine Years — 2006 to 2014, Single Audit, 500 hours, Annual Budget — 6 million all funds City of Robstown Contact — Paula Wakefield, City Secretary, Sylvia Hernandez - Finance Director (361) 387-4589 Twelve Years — 2003 to 2014, Single Audit, 350 hours, Annual budget —10 million all funds City of Taft Contact — Mary Alice Sandoval, Finance Director (361) 528-3512 Seven Years — 2007 to 2013, Single Audit, 250 hours, Annual Budget — 2.5 million all funds City of San Diego Contact — City Manager - Isabelle Garcia (361) 279-3571 Fifteen Years — 2000 to 2014, Single Audit, 250 hours, Annual Budget — 2.5 million all funds Nueces County, Texas Contact - Dale Atchley, CPA — County Auditor (361) 888-0556 Eleven Years — 1995 to 2002, 2008-2014 Certificate of Achievements all years, Single Audit, 800 hours, Annual Budget — 98 million all funds Duval County, Texas Contact — Rosie Chapa, County Auditor (361) 279-3322 Twenty Four Years — 1990 to 2014, Single Audit, 500 hours, Annual Budget —16 million all funds Nueces County Drainage District No. 2 Contact — Amanda Rodriguez, Office Manager (361) 387-4015 Twenty Four Years — 1990 to 2014, Annual Audit, 200 hours, Annual Budget — 1 7 million Nueces County Drainage District No. 3 Contact — Fred Chavarria, Accountant (361) 888-0556 Twenty Four Years — 1990 to 2014, Annual Audit, 80 hours, Annual Budget — .075 million Taft Independent School District Contact — Noel Snedeker, CPA, Business Manager (361) 528-2636 Fourteen Years— 2001 to 2014, Single Audit, 450 hours, ADA 1,030, Annual Budget — 15 mil. Ernest R. Garza & Company, P.C. CPA's - Current and Prior Entities: San Diego Independent School District Contact — Dr. Samuel Bueno, School Superintendent (361) 279-3382, ext. 2222 Seventeen Years— 1997 to 2014, Single Audit, 450 hours, ADA 1,208, Ann. Bud. — 17. mil. all funds Premont Independent School District Contact — Deanna Shaw, Business Manager (361) 348-3915 Seven Years 2008-2014, Single Audit, 400 hours, ADA 545, Annual Budget — 7.9 mil. all funds Robstown Independent School District Contact — Ismael Gonzalez, Business Manager (361) 767-6600, ext 2222 Twelve Years 1994-2000, 2009-2014, Single Audit, 850 hours, ADA 2,705 Annual Budget — 40 million all funds Tuloso Midway Independent School District Contact — Dr. Sue Nelson, School Superintendent (361) 903-6411 Six Yrs 2009-2014, Single Audit, 420 hours. ADA 3,365, Annual Bud.— 36 mil. All funds City of Robstown Utility System Contact — Roy Gutierrez, Superintendent of Utilities (361) 387-3554 Six Yrs 2009-2014, Annual Bud.— 10 mil. All funds City of Benavides Contact - Dahlia Hernandez (361) Six Yrs 2009-2014, Annual Budget - 2 mil. All funds Duval County Conservation Reclamation District Contact - Ernesto Sanchez (361) 256-3605 Six Yrs 2009-2014, Single Audit, 420 hours Corpus Christi Downtown Management District Contact — Terry Sweeney (361) 256-3605 Twenty Yrs 1995-2014, Audit, 80 hours San Diego Municipal Utility District No. 1 Contact — Rudy Torres (361) 256-3605 Seventeen Yrs 1998-2014, Single Audit, 285 hours Ernest R Garza and Company, P.C. audits other clients, this list is not all - inclusive EXHIBIT 9 — EXCEPTIONS PS&Co. has included a separate fee for any "special reports" that could be required by Section 3.5 Special Considerations B. related to any debt issuances by the City. Since it would be difficult to predict the number of issues that would require such special reports. Based on this we cannot include an all-inclusive fee for these reports, however we have included an estimated cost in our separate sealed fee proposal for each report prepared. Ps co.l Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50968 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Padgett Stratemann & Co. LLP San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 739 Auditing Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. / / ,,,,For AV BERNICE BOULER / ' ,0116. R Notary Public "( fa* STATE OF TEXAS • 1\:.. Ably My Comm, Exp. 01/1012020 ID# 4995697 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 / , to certify which, witness my hand Signature of authorized agent of contracting business entity J i t E 6 . etc t e L , this the 6 day of } Y , N) C�' and seal of office. er/Vir e,736* 1e/ /Y iii �G��'�' 'L �'' Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 14, 2016 Second Reading Ordinance for the City Council Meeting of June 21, 2016 DATE: TO: May 27, 2016 Margie C. Rose, Acting City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Adoption of the 2015 International Fire Code with local amendments. CAPTION: Ordinance adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. PURPOSE: We are proposing to adopt the 2015 International Fire Code with some local amendments. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. The main changes to the fire code are as follows: • Some sections in the current Fire Code have been moved to coincide with the 2015 edition of the International Fire Code. • The adoption of Appendix D which establishes minimum road width, turning radius and other requirements for fire apparatus access roads. • Added EXCEPTION 4 to 903.2.6 in Group I occupancies which removes the sprinkler requirement for home day cares licensed for more than 6 but no more than 12 children over the age of 2 1/2 years of age that meet other notification and suppression systems noted in the exception. • Removal of EXCEPTION to 906.1 in Group R-2 occupancies System in Chapter 9 "Fire Protection Systems". Which required extinguishers in only certain locations. • Removal of EXCEPTION 3 to 907.2.9.1 Manual Fire Alarm System in Chapter 9 "Fire Protection Systems" which had not required a manual fire alarm in some Educational and Residential Occupancies. • The removal and disposal of opened fireworks will now be restricted to within the city limits. Fire Department officials have been allowed to remove fireworks five thousand (5,000) feet beyond the city limits. This new rule will conform to state law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 18 of the Code of Ordinances. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. 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): Comments: None RECOMMENDATION: Staff recommends approval to adopt the 2015 International Fire Code with local amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. WHEREAS, from May 23, 2016 to June 14, 2016 the Ordinance Adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi was published conspicuously on the City of Corpus Christi website. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 1 is amended as follows: Sec. 18-1. - Fire prevention code. (a) The International Fire Code, 2-049. 2015 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference including Appendix D, Fire Apparatus Access Roads, as if fully copied at length in this article as the fire prevention code in chapter 18, article (,_section 18-1 of the City of Corpus Christi Code of Ordinances. (b) Additions, deletions, and changes are made to the International Fire Code, 2009 2015 Edition, and correlated to the appropriate paragraph numbers in the International Fire Code as follows; (1) Section 101.1 of the International Fire Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of City of Corpus Christi, and may be referred to as "this code." (2) Section 101.2.1 of the International Fire Code is revised to read as follows (3) 101.2.1 Appendices. Provisions in the appendices may shall not apply unless specifically adopted. The appendices included in this code and the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the code text or specifically included in this ordinance or necessary to clarify technical issues. Section 103.2 of the International Fire Code is revised to read as follows: 103.2 Fire Prevention Bureau. There is hereby established a division of the Fire Department to be called the Fire Prevention Bureau and the person in charge shall be known as the fire code official and/or fire marshal. 1 (/1) Scction 104.5 of the International Firc Codc is rcviscd to road as follows: 104.5 Written notices and citations. At such timc as an inspcction is codc violations arc found to cxist writtcn noticc spccifying thc dcfccts is to rcasonablc amount of timc must bc givcn to abatc thc violation. If a violation of thc firc prcvcntion codc is unabatcd aftcr writtcn noticc and a rcasonablc amount of timc, thcn thc firc official or firc incpcctor may is-uc a citation to thc busincss owncr or to any person in chargc of the prcmiscs. Howcvcr, thc following violations arc considcrcd to be of a scrious naturc and citations may bc issucd immcdiatcly without prior writtcn noticc. 104.5.1 Lockcd or blockcd cxits in as€cmbly or cducational occupancics. 104.5.2 Nonfunctional-er-d-isablcd firc alarm systcm, whcrc rcquircd. 104.5.3 Closcd valvcs to sprinklcr systcm. 104.5.4 Overcrowded conditions. 104.5.5 Illcgal burning. 104.5.6 No smoke detectors where required. 104.5.7 No firc cxtinguishcr whcrc rcquircd. 104.5.8 Any othcr condition that in thc opinion of thc firc inspcctor, poscs imminent danger. Section 104.10.2 is added to this code to read as follows: 104.10.2 Rewards. The mayor is authorized and directed to make public proclamation in the name of the city offering a reward of five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final jurisdiction, of any person found guilty of the crime of arson, as defined in the statutes of the state, within the limits of the city and to have the proclamation printed upon placards eight (8) by twelve (12) inches in size and placed in wooden frames, under glass, and posted in at least 20 public buildings in the city. Section 105.6 is revised to read as follows: Section 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.55. (6) 105.6.19.1 105.6.19.3 105.6.20.1 - 105.6.20.3 are added to this code to read as follows: 105.6.19.1 105.6.20.1 Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of three hundred fifty dollars ($350.00). 2 (7) follows: 105.6.19.2 105.6.20.2 Annual permit holders must call at least twenty-four (24) hours before the fumigation is to begin. 105.6.19.3 105.6.20.3 The fire official is to be notified at least twenty-four (24) hours before any building or structure or ship is to be closed in connection with the use of any toxic or flammable fumigant and at the time the building or structure or ship is released for occupancy. +L Scction 105.6.34 of the International Fire Codc is rcviscd to rcad as 105.6.34 Placcs of asscmbly. An operational permit is rcquircd to all s ats, stands and structures conform to thc rcquircmcnts of thc Corpus Christi Building Code. Sections 105.6.47 105.6.53 105.6.49 — 105.6.55 are added to this code to read as follows: 105.6.47 105.6.49 Day care facilities. A permit shall be required to operate a day care facility. 105.6.48 105.6.50 Foster home/group homes. A permit shall be required to operate a foster home or a group home. 105.6.49 105.6.51 High rise life safety systems. No person shall install, enlarge, or extend a high rise life safety system without a permit from the fire code official. 105.6.50 105.6.52 Hospitals and nursing homes. A permit shall be required to operate a hospital or nursing home. 105.6.51 105.6.53 Restaurants. A permit shall be required to operate a restaurant. 105.6.52 105.6.54 Unvented and portable fuel burning heaters. No person shall sell, purchase, or use an unvented portable fuel burning heater within the city limits without a permit. 105.6.53 105.6.55 Commercial vent -a -hood cleaning. An operational permit is required to clean commercial vent -a -hoods, documentation must be provided indicating training from a nationally recognized agency complying with NFPA 96. (9)a) Section 105.7.7 105.7.8 of the International Fire Code is revised by adding a new subdivision 4 to this code to read as follows: 105.7.7 105.7.8 Flammable and combustible liquids. A construction permit is required: 3 4. The application for a permit to install an above ground flammable or combustible liquid tank shall be accompanied by the following: 1. Manufacturer's installation requirements. 2. Listing for tank. 3. Site plan showing address and proposed installation location. fl -Q3(9) Sections 105.8-105.10 are added to this code to read as follows: 105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: Permit Fee Firc/Arson rcports After hours overtime inspections Airports, heliports and helistops [-Assembly rAutomatjc sprinklers, standpipes, and fire lines (testing) ars Rhurches (one-time fee—no day care facility on premises) rCombustible fibers (storage and handling) Commercial Vent -A -Hood cleaning Compressed gas Fee $ 0.10 per pagc 50.00 per hour (3 -hour minimum) prepaid prior to scheduling inspection 100.00 annually 100.00 annually 100.00 per visit 100.00 annually 100.00 100.00 annually 50.00 annually 100.00 annually 4 Cryogenic fluids Day care facilities (or similar short-term occupancies) 100.00 annually 75.00 annually Dcmolition w/ cxplosivcs TDry cleaning plants T250.00 per cvcnt 100.00 annually Exhibits/Trade Shows (Special Events) Explosives, Demolition Explosives, blasting agents and ammunition storage [xtinguishing systems Fire alarm systems Fire alarm systems (required 15,000 square foot zones) Fireworks display (aerial) Fireworks display (non -aerial) Flammable and combustible liquids Flammable finishes Flame Effects r100.00 per event 250.00 per event 150.00 annually r100.00 per inspection r75.00 per floor—per test visit 75.00 per zone—per test visit 250.00 per display r150.00 per display 100.00 annually 100.00 annually 150.00 per display Foster homes and group homes Fumigation and thermal insecticide fogging Hazardous chemicals High piled combustible stock High rise life safety system (testing before issuance of C. of 0.) 75.00 annually 350.00 annually 100.00 annually 100.00 annually 100.00 200.00 per test 5 Hospitals and nursing homes Liquefied natural gas Liquefied petroleum gas Lumber storage Mechanical refrigeration Open burning Organic coatings Plans review Pressure test (fuel storage tanks and/or product lines) Repair garages TIRestaurants (facilitics that accommodatc 100 or css occupy s) than 100 occupants) Special -events permits Exhibits/shows Flamc cffccts LVisual inspection Special handling fee (less than 24 -hours' notice) Tank vehicles for flammable and combustible liquids 250.00 per facility plus 1.20 per bcd $1.20 per bed + $250.00 flat fee 100.00 annually 100.00 annually 100.00 annually 100.00 annually 500.00 per day 100.00 annually 150.00 per review 100.00 per visit 100.00 annually 100.00 annually 100.00 annually 100.00 150.00 50.00 r100.00 per inspection 100.00 annually 6 Tents and air supported structures Tire rebuilding plant Underground/aboveground fuel tanks (installation and removal) Visuals - Fire Alarm/Automatic Sprinkler (Aboveground/Underground) Wrecking yard, junkyard or waste handling 75.00 annually 100.00 annually 100.00 per inspection 50.00 per visit 100.00 annually Corpus Christi Fire Department Fire Prevention Permit Fee Schedule 105.9 -Applications and fees required for failure to pass inspections. If a site does not meet the standards for of a permit after the first inspection, or is not cancelled prior to the arrival of the inspector, the applicant must €419-m-it-a-n-ew-a-p-p-kpati-e-R-a-R-Gt pay a new permit fee before any subsequent inspections will be conducted. 105.10 Burning permits.Burning permits will not be issued unless both #Fire.pPrevention and eEnvironmental sControl €1 -Division approve the material to be burned. (11) (10) Section 108 of the International Fire Code is revised to read as follows: SECTION 108 MODIFICATION OF FIRE PREVENTION CODE 108.1 Appointment. The city manager, the fire chief, and the fire marshal, acting together, shall have the power to modify any provision of the fire prevention code, upon application in writing by the owner or lessee or their duly authorized agents, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. Such modification shall only be applicable upon the unanimous approval of the city manager, fire chief, and the fire marshal in writing. The particulars of such modification when granted or allowed by such unanimous approval shall be entered into the records of the fire marshal and a signed copy be furnished to the applicant. 7 108.2 Appeals. 108.2.1 General. Whenever it is claimed that the provisions of this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations of this code have been misconstrued or incorrectly interpreted, the owner of such building or structure, or the owner's duly authorized agent, may appeal the decision of the fire official to the city manager by filing notice of appeal with the fire chief. Notice of appeal shall be in writing and filed within 15 days after the decision is rendered by the fire official. 108.2.2 Unsafe or Dangerous Building. In case of a building, structure or operation which, in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his or her order, limit the time for such appeal to a shorter period. 108.3 Decisions. 108.3.1 Variances. The city manager, fire chief, and fire marshal, collectively, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest, or when, in its opinion, the interpretation of the fire official should be modified or reversed. 108.3.2 Action. In every case, reach a decision without unreasonable or unnecessary delay. Each decision shall also include the reasons for the decision. If a decision reverses or modified a refusal, order, or disallowance of the fire official, or varies the application of any provision of this code, the fire official shall immediately take action in accordance with such decision. 108.3.3 Decisions Are Final. Every decision of the city manager, fire chief, and fire marshal shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. 108.4 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 108.5 Administration. "The code official shall take action in accordance with the decision of the board." 8 (11) Section 109.3.2 of the International Fire Code is amended to add the following sections: 109.3.2 Written Notices and citations. At such time as an inspection is conducted by a representative of the fire prevention bureau and minor fire code violations are found to exist written notice specifying the defects is to be given to the business owner or any person in charge of the premises. A reasonable amount of time shall be given to abate the violation. If a violation of the fire prevention code is unabated after written notice and a reasonable amount of time, then the fire official or fire inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice. 109.3.2.1 Locked or blocked exits in assembly or educational occupancies. 109.3.2.2 Nonfunctional or disabled fire alarm system. 109.3.2.3 Closed valves to sprinkler system. 109.3.2.4 Overcrowded conditions. 109.3.2.5 Illegal burning. 109.3.2.6 No smoke detectors where required. 109.3.2.7 No fire extinguisher where required. 109.3.2.8 Any other condition that in the opinion of the fire inspector, poses imminent danger. (12) Section 109.3.2 of the International Fire Code is renumbered as: Section 109.3.3 Compliance with orders and notices. (13) Section 109.3.3 of the International Fire Code is renumbered as: Section 109.3.4 Prosecution of violations. (14) Section 109.3.4 of the International Fire Code is renumbered as: Section 109.3.5 Unauthorized tampering. (12) (15) Section 109.3 109.4 of the International Fire Code is revised to read as follows: 9 109.3 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not less than fifty ($50) dollars and not more than two thousand ($2,000) dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. {3}(16) Section 110.1 of the International Fire Code is revised to read as follows: 110.1 General. All buildings or structures which do not provide adequate egress, which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings. All such unsafe buildings are hereby declared illegal, and the fire official shall refer the building to the Zoning and Code Enforcement Administrator for abatement by repair and rehabilitation or by demolition. 444 (17) Section 111.4 of the International Fire Code is revised to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty ($50.00) dollars or more than two thousand ($2,000) dollars. {) (18) Section 202 of the International Fire Code is revised by adding definitions for the terms "condominium" and "dwelling, multiple unit" and by adding the word "condominium" to the R-2 occupancy classification in this code, to read as follows: Condominium. A single -dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Dwelling, multiple unit. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. 10 *** *** Occupancy classification. For the purposes of this code, certain occupancies are defined as follows: R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses Boarding houses (not transient) Condominiums Congregate living Convents Dormitories Fraternities and sororities Hotels (non transient) Live/Work units Monasteries Motels (non transient) Vacation timeshare properties 0-64 (19) Section 308.1.4 of the International Fire Code is revised to read as follows: 308.1.4 Open -flame cooking devices. No person shall install or operate a stove, oven, or barbecue pit, whether portable, temporary or permanent, on the premises of multi -family dwellings, apartments, condominiums, attached single family or hotels, or commercial businesses when such stove, oven or barbecue pit is located less than ten (10) feet from any portion of a combustible building, including but not limited to decks, arches, balconies, walls or verandas. This section does not apply to one -family and two- family dwellings or to a stove, oven or barbecue pit installed inside multi -family dwellings, apartments, condominiums, attached single family or hotels in accordance with the city building codes. (17) (20) Sections 308.1.8 and 308.1.8.1 of the International Fire Code are revised to read as follows: 308.1.8 Flaming food and beverage preparation. The preparation or serving of flaming beverages is prohibited. The preparation of flaming foods in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.8.1 through 308.1.8.5. 308.1.8.1 Dispensing.Flammablc or combustiblc liquids uccd in the prcparation of flaming foods shall be dispcnscd from one of the following: 11 1. A 1 ouncc (29.6m1) containcr; or 2. A container not exceeding 1 quart (9'16.5m1) capacity with a controllcd pouring dcvicc that will limit the flow to a 1 ouncc (29.6m1) serving. *** 0-84 (21) Sections 318 and 319 319 and 320 are added to this code to read as follows: SECTION 318 319 CONVALESCENT HOMES, HOMES FOR THE AGED, AND NURSERIES 318.1 319.1 Heating. Buildings occupied for the purposes of convalescent homes, homes for the aged, and nurseries shall have central heating plants with installation so as to safeguard the inherent fire hazard. 318.2 319.2 Portable heaters. The use of portable heaters of any kind is prohibited. 318.3 319.3 Lighting. Lighting shall be restricted to electricity. SECTION 3-1-9 320 COMMERCIAL LAUNDRIES 319.1 320.1 Vents and lint collectors. Vents and lint collectors shall be installed and maintained so that lint does not accumulate in the chase or area behind the dryers or the roof of the building. .(49-} (22) Section 503.1.1 of the International Fire Code is revised to read as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall allow access to three (3) sides of buildings in excess of fifteen thousand (15,000) square feet and all sides for buildings in excess of thirty thousand (30,000) square feet. During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. Exception: When conditions prevent the installation of an approved fire apparatus access road, the code official may permit the installation of a fire -protection system or systems in lieu of a road, 12 provided the system or systems are not otherwise required by this or any other code. +24) (23) Section 503.3 of the International Fire Code is revised to read as follows: 503.3 Marking. Where required by the fire code official, approved signs or other approved notices that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire department access roadways designated by the code official in accordance with the Fire Prevention Code shall be marked by the property owner along the perimeter with conspicuous signs which have the words, "Fire Lane - No Parking" in red four -inch high letters on a white background at fifty -foot intervals. Signs shall be a minimum of five (5) feet above the ground to the bottom of the sign and a maximum of eight (8) feet above the ground to the top of sign. In lieu of signs, fire lanes may also be marked along curbing with the wording, Fire Lane - No Parking in white four -inch high letters on a red background stripe at fifteen -foot intervals. Exception: Universal "No Parking" signs may be used in lieu of the above. (21) (24) Section 503.4.1 503.4.2 is added to this code to read as follows: 503.4.1 503.4.2 Authority for removal. The owner of premises at or upon which a fire lane is required, or the agent of the owner, may have any vehicle that is parked in the fire lane, except an authorized emergency vehicle, removed and stored at the expense of the owner or operator of the vehicle, and subject to removal by the fire official, his or her designated assistants, or a police officer. (22) (25) Section 507.5.1 of the International Fire Code is revised to read as follows: 507.5.1 Where required. All premises, other than one -family and two-family detached dwellings, where buildings or portions of buildings are located more than one hundred fifty (150) feet from a fire hydrant shall be provided with approved on-site fire hydrants and water mains capable of supplying the fire flow required by the fire code official. The location and number of on-site hydrants shall be as designated by the fire code official, with the minimum arrangement being so as to have a hydrant available for distribution of hose to any portion of any building on the premises at distances not exceeding three hundred (300) feet but in no case shall hose 13 lengths be greater than three hundred (300) feet. Public hydrants are recognized as meeting all or part of the above requirements. Exceptions: 1. For Group R-3, the distance requirement shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 500 feet (152.4 m). (23) Scction 507.5.7 is addcd to this codc to rcad as follows: 507.5.7 No parking n ar hydrant. No automobilc, truck, or othcr vchicic shall be parkcd closcr than fiftccn (15) fcct to any firc hydrant. {-24) (26) Section 603.10 is added to this code to read as follows: 603.10 Portable Liquid Fuel Burning Heaters. The sale or use of any type of portable liquid fuel burning heater is prohibited. Construction sites and commercial sites, where flammable or combustible vapors are not present are exempt from this requirement with approval of the fire code official. A permit shall be required for the use of portable liquid fuel burning heaters. The sale or use of unvented fuel heaters at construction sites and commercial sites is prohibited, except that unvented portable liquid fuel burning heaters having the following safeguards may be approved for use: 1. Automatic means of shutting off fuel when heater is upset. 2. Adequate guards to protect persons against contact with flame or combustion chamber. 3. Listed by nationally recognized testing agency (Z Section 903.2.6 of the International Fire Code is amended by adding the following exception: 4. An automatic sprinkler system is not required in a residential home day care licensed for more than six (6) but no more than 12 children over the aqe of 2-1/2 years of aqe that have the following: i. Hard wired (120 volt) interconnected smoke alarms installed in all rooms except bathrooms, closets, etc.; ii. a heat detector in the kitchen that is interconnected with the smoke alarms; and iii. a residential range hood fire extinguishing system 14 (28) Section 906.1 of the International Fire Code is revised by deleting the Exception to 906.1 {} (29) Section 907.1.1 of the International Fire Code is revised to read as follows: 907.1.1 Construction documents. 1. Construction documents for fire alarm systems shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code, the International Building Code, and relevant laws, ordinances, rules and regulations, as determined by the fire code official. 2. Construction documents for fire alarm systems shall be submitted for review and approval prior to system installation. 3. Two (2) complete sets of plans shall be provided to the fire prevention bureau. 4. These plans shall bear the signature and license number of the licensed fire alarm planning superintendent, the date of proposed installation and the name, address, and certificate -of -registration number of the registered firm. 5. Any plans not drawn or submitted by a licensed planning superintendent will not be accepted. (} (30) Section 907.2.3 of the International Fire Code is revised to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. Smoke alarms shall be installed in all educational occupancies including but not limited to day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for "partial smoke detection systems", except day care centers which will require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. Exceptions: 1. Emergency voice/alarm communication systems meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall not be required in Group E occupancies with occupant loads of 100 or less, provided that activation of the manual fire alarm system initiates an approved occupant notification signal in accordance with Section 907.5. 15 2. Manual fire alarm boxes are not required in Group E occupancies where all of the following apply: 3.1 Interior corridors are protected by smoke detectors. 3.2 Auditoriums, cafeterias, gymnasiums and similar areas are protected by heat detectors or other approved detection devices. 3.3 Shops and laboratories involving dusts or vapors are protected by heat detectors or other approved detection devices. 4. Manual fire alarm boxes shall not be required in Group E occupancies where all of the following apply: 4.1. The building is equipped throughout with an approved automatic system installed in accordance with Section 903.3.1.1. 4.2 The emergency voice/alarm communication system will activate on sprinkler water flow. 4.3 Manual activation is provided from a normally occupied location. 5. Smoke detection meeting the rules for "partial detection systems" shall not be required in educational occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1. (31) Section 907.2.9.1 of the International Fire Code is revised by deleting Exception 3. (27) (32) Section 907.2.24 is added to this code to read as follows: 907.2.24 Cooking operations. In the event the building has a fire protective signaling system, the fire suppression system for cooking operations shall be connected to the fire protective signaling system. R-84 (3 3 ) Section 912.2.3 is added to this code to read as follows: 912.2.3 Proximity to hydrant. Fire department connections from each sprinkler or standpipe shall be located not more than 100 feet (30 mm) from the nearest fire hydrant connected to an approved water supply. 16 (-29-} (34) Section 2206.2.3 2306.2.3 of the International Fire Code is revised and amended by adding a new subdivision 5 to this code to read as follows: 2206.2.3 Above -ground tanks located outside, above -grade. *** {3o (35) IIIA liquids arc allowcd to bc protcctcd abovc ground tanks or, that comply with Chaptcr 3'I. Tank locations shall bc in accordancc with Tablc 2206.2.3, but may only bc locatcd within a light and hcavy industrial zoning districts. 2. Above -ground tanks used for outside above -grade storage of Class II or IIIA liquids shall be listed and labeled as protected above -ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3, but may only be located within a light or heavy industrial zoning district. 3. Tanks containing fuels may not exceed 10,000 gallons in individual capacity or 30,000 gallons in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm). 5 6. Above -ground tanks storing Class I, II, or IIIA liquids shall be inspected annually by a company holding a Type A license issued by the Texas Commission on Environmental Quality. Any tank found to be damaged or not installed in accordance with its listing or this code shall be immediately reported to the fire code official. Section 3301.2.4 5601.2.4 of the International Fire Code is revised to read as follows: 3301.2.4 5601.2.4 Financial responsibility. Before a permit is issued, as required by Section 3301.2 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in an amount deemed adequate by the fire code official or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. 17 {1-) (36) Section 3308.5 5608.5 of the International Fire Code is revised to read as follows: 3308.5 5608.5 Storage of fireworks at display site. The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123 or NFPA 1126 and shall be approved by the fire code official. At no time shall the amount of explosive compound exceed the amount necessary for one (1) show date consum ption. .32-) (37) Section 3310 5610 is added to this code to read as follows: SECTION 3310 5610 INDOOR FIRE WORKS SPECIAL EFFECTS 3310.1 5610.1 Indoor Permit 3310.1.1 5610.1.1 No person shall discharge any fireworks inside any building without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. 3310.1.25610.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an application with the fire official, stating the operator's qualifications and other information as deemed necessary by the fire official to certify that the operator for which application has been made is capable of safely discharging such fireworks as described to the satisfaction of the fire official. 3310.1.3 5610.1.3 No permit once issued may be transferred to another location nor another operator. Any change in the information listed on the permit will require a new permit. Any time the circumstances for which the permit was issued change, the permit is void. 3310.1.E 5610.1.4 No permit shall be issued until the show setup is approved by the fire official or his or her designee prior to the first show. 3310.1.5 5610.1.5 No permit shall be issued unless the building listed as the location of the display has had a current fire inspection and is in compliance with this code. 3310.2 5610.2 Location and Amount 3310.2.1 5610.2.1 The location of the fireworks display shall be specified as to street address, building designation and exact area within the building to allow the fire official to determine that the proposed display can safely be discharged as approved. 18 3310.2.2 5610.2.2 At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one (1) show date consumption. 3310.2.3 5610.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. 3310.2.4 5610.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas. {} (38) Section 3311 5611 is added to this code to read as follows: SECTION 3311 5611 CONSUMER FIREWORKS 3311.1 5611.1 Restricted Use. A person commits an offense if the person manufactures, assembles, stores, transports, receives, keeps, sells, offers, or has in his possession with intent to sell, delivery to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or have in his possession or on his person or under his control any consumer fireworks or any description except as herein provided. The fire official shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the fire official, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person 3311.2 5611.1 Removal and Disposal. The presence of any consumer fireworks within the city or within fivc thousand (5,000) fcct of thc city limits, except fireworks for a public display authorized by the Fire Official, is declared to be a common and public nuisance and detrimental to the public health, safety and general welfare and constitutes a violation of this Code. The fire official is directed and required to may seize and cause to be safely destroyed any opened package of consumer fireworks found within the city or in violation of the other provisions of this fire prevention code. Any member of the fire department of the city or any police officer is empowered to seize any opened package of fireworks found within the city or within five thousand (5,000) fect of thc city limits in violation of this article and cause the consumer fireworks to be safely destroyed. Unopened packaged fireworks may not be confiscated. 19 It is an affirmative defense to prosecution for possession of fireworks brought under this section that: (1) the defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and (2) the fireworks were not in the passenger area of the vehicle. (c) For purposes of this section, the "passenger area" of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include: (1) a locked glove compartment or similar locked storage area; (2) the trunk of a vehicle; or (3) the area behind the last upright seat of a vehicle that does not have a trunk. 3311.3 5611.3 Definition. Consumer fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, pop pops (such as: pop tops, pow- wow, fun snaps, or similar explosive devices which can be projected, tossed, thrown, or dropped), skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance that are not fireworks approved for use at an approved fireworks display under Section 3308, except that the term "consumer fireworks" shall not include any auto flares, paper caps which contain twenty- five hundredths (0.25) of a grain of explosive content or less per cap and are used with toy pistols, toy canes, toy guns, model rocket propulsion motors, or other similar devices, the sale and use of which shall be permitted at all times. 3311.4 5611.4 Applicability. The provisions of this section apply to all of the area within the city city and within fivc thousand (5,000) fcet of the city limits; provided, however, that no change in the city limits occurring after August 4, 1976, shall affect an expansion of the area in which this chapter applies until the 120th day following the effective date of such change in the city limits. 20 3311.5 5611.5 Duties of City Attorney. Notwithstanding any penal provisions of this article, the City Attorney is authorized to file suit on behalf of the city or the fire marshal or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of consumer fireworks within the city and to aid the fire marshal in the discharge of his duties and to prevent any person from interfering with the seizure and destruction of such consumer fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure or destruction. 3311.6 5611.6 Defense in prosecution. In any prosecution for any violation of this chapter, it shall not be necessary for the prosecution to negate any proviso exception, but the same may be raised by the defendant by way of defense. The possession of a permit from the fire official shall constitute a defense to the persons named in such permit or in place of the persons named in such permit. 3311.7 5611.7 Penalty. A person commits an offense if the person manufactures, assembles, stores, transports receives, keeps, sells, offers, or has in his possession with intent to sell, deliver to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or has in his possession or on his person or under his control any consumer fireworks of any description except as herein provided. Any person, upon conviction of an offense for violation of any provision of this chapter, shall be fined not more than two thousand dollars ($2,000.00). If any consumer fireworks are separately wrapped or packaged, any act required by this chapter involving each separately wrapped or packaged consumer fireworks constitutes a separate offense. Each day that a violation of this chapter shall continue with respect to any package of consumer fireworks shall constitute a separate offense. (3/1) Scction 3405.3.3 of the International Firc Codc is rcviscd to rcad as follows: 3405.3.3 Hcating, lighting and cooking applianccs Hcating, lighting and cooking applianccs which utilizc Class I liquids may not be operatcd within a building or structurc. 05 (39) Section 3801.1 6101.1 of the International Fire Code is revised to read as follows: 3801.1 6101.1 Scope. Storage, handling and transportation of LP - gas and the installation of LP -gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA_58. 21 Properties of LP -gases shall be determined in accordance with Appendix B of NFPA 58. The transportation, storage, handling and use of liquefied petroleum gas and the installation and maintenance of all pertinent equipment is subject to the approval of the fire official. {�6-) (40) Section 3803.1 6103.1 of the International Fire Code is revised to read as follows: 3803.1 6103.1 General. Liquefied petroleum gas equipment shall be installed in accordance with the International Fuel Gas Code and NFPA 58, except as otherwise provided in this chapter or in other laws or regulations legally in effect. 3803.1.1 6104.1 Within the limits of the City of Corpus Christi no storage container shall be installed, erected or used for a capacity to hold more than one hundred fifty (150) water gallons, except as follows: 3803.1.1.1 6104.1.1.1 Installations accessory to service stations as permitted by the zoning ordinance, when the aggregate capacity of any one (1) installation does not exceed two thousand (2,000) gallons of water capacity. 3803.1.1.2 6104.3.1.1.2 Installations accessory to industrial uses permitted in areas zoned industrial, when the aggregate capacity of any one such installation does not exceed two thousand (2,000) gallons of water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Official to increase the maximum allowable capacity to not more than eight thousand (8,000) gallons of water capacity after consideration of special features such as topographical conditions, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. 3803.1.1.3 6104.1.1.3 Installations in a heavy industry zoning district. 3803.1.1.4 6104.1.1.4 The restrictions in Section 3803.1.1 do not apply to containers used for transportation purposes. 3803.1.1.5 6104.1.1.5 Containers larger than one hundred fifty (150) water gallons capacity may be authorized and installed only after applicant has first obtained and presented to the Fire Official a written approval of such installation of the Director, Liquefied Petroleum Gas Division, Railroad Commission of Texas. 22 Scction 3804.4 of the International Firc Codc is rcviscd to rcad as follows: 3804.4 Multiple container installation. Multiplc containcr installations in a hcavy industry zoning district with a total storagc watcr capacity of mors . 111 e =2.9 • capacity] shall bc subdividcd into groups containing not morc than 180,000 gallons (681 300 L) in cach group. No individual containcr may cxcccd thirty thousand (30,000) gallons watcr capaGi1y- uc-h--groups shall bc scparatcd by a distancc of not Icss than 50 fcct (15 2'10 mm), unlcs� thc containcrs arc protcctcd in accordancc with all of thc following one (1) through four ('I) or fivc (5): (41) Sections D103.6, D103.6.1, & D103.6.2 of the International Fire Code are deleted in its entirety. (c) Appcndices: Appcndix A, Board of Appcals; Appcndix B, Firc Flow Rcquircmcnts for Buildings; Appcndix C, Firc Hydrant Locations and -Distribution; Appcndix D, Firc Apparatus Acccss Roads; Appcndix E, Hazard Catcgorics; Appcndix F, Hazard Ranking; Appcndix G, Cryogcnic Fluids Wcight and Volumc Equivalcnts of thc Intcrnational Firc Codc arc solcly for thc purposc of providing information, recommended practiccs, and to clarify technica-l+ssucs and may not have the forcc and cffcct of law. (d) Violation of this code: Any person, firm, or corporation who violates a provision of this code is guilty of a misdemeanor and is liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). Each person, firm, or corporation is guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises where a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, is guilty of a separate offense. Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 18-1(c) of the Corpus Christi Code of Ordinances. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, 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 this purpose. 23 Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 5. This ordinance takes effect September 1, 2016. 24 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 25 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: May 15, 2016 Margie C. Rose, Acting City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Naming property at Coves of Lago Vista subdivision Barclay Park CAPTION: Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park. PURPOSE: Name park property in the Coves of Lago Vista subdivision Barclay Park. BACKGROUND AND FINDINGS: In December 2007, Corpus Christi Land Ventures dedicated an approximately.80 acre park located at Coves at Lago Vista subdivision, located at or near 5718 Lago Vista Drive. In addition, the developer paid approximately $39,000 in park development fees. Due to an administrative error the park was not added to the department's inventory; the department did not develop nor maintain the park and development fees have been used at Oso Creek Park per the master plan. The property will, however, serve as a good neighborhood access point for future recreational trails planned for the Oso Creek Greenbelt area. The Coves at King Estates Homeowners Association (CKHOA), has maintained the property since its dedication. Last summer, members of CKHOA approached the department about developing the park including a playground, fencing and other amenities totaling more than $51,000. However, at .80 acre the property would be categorized as a niche/pocket park and development options are limited to shade trees, sidewalks and benches according to the 2012 Park and Open Space Master Plan. This was less than the CKHOA anticipated and requested a variance to the development standard. In order to develop the property, the department negotiated the following agreement: • Parks and Recreation will allocate $12,000 in park development funds for the development of the park amenities. • CKHOA will pay for the balance of the development cost of the park improvements. • CKHOA can use the Parks Arts Leisure and Seniors (PALS), 501(c)3, account for donations collected for the balance of the development costs. • CKHOA will commit to continue maintenance requirements for the park. • The park will remain a public park — available to everyone. • An area for a future trailhead will be reserved in the park. The Parks & Recreation Department Policy and Procedure for Naming or Renaming Parks & Recreation Facilities list the following procedure for Naming of New Parks and/or Facilities: • Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council. • The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. As this property has never been formally listed in the Parks & Recreation Department's inventory, it will be treated as a new park and subject to the second portion of the policy for new parks and facilities. The policy subsequently lists criteria for naming parks including: • Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. • Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. • Donation of at least 51 percent of the value of a facility is required. • Names related to religious denominations will generally not be favorably considered. • A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. • When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. • The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. • Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. Dr. Dan Martin and his family have donated 58% of the cost of the development of the park (including the cost of the park sign) that is estimated to be completed in July 2016. Dr. Martin has requested the park be named Barclay Park to posthumously honor his wife's grandparents and their life-long commitment to public service. This request meets the criteria established in the policy. On May 12, 2016, the Parks and Recreation Advisory Committee voted to approve the department's request to support the naming of the park as Barclay Park. ALTERNATIVES: Do not approve Barclay Park as official name of the property. Following previous practices, the park would be named Coves at Lago Vista Park or Lago Vista Park. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve park naming. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the naming of Barclay Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Policy and Procedure for naming parks Maps of Park Page 1 of 2 Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park WHEREAS, in 2007, Corpus Christi Land Ventures dedicated an approximately 0.81 acre park area located at or near 5718 Lago Vista Drive in the Coves of Lago Vista subdivision; WHEREAS, on April 11, 2016, the City received a request from Dr. Dan Martin to name this park as Barclay Park to posthumously honor his wife's grandparents and their life- long commitment to public service, WHEREAS, the Martin family has donated 58% of the cost of the development of the park improvements including signage which are estimated to be completed in July 2016 WHEREAS, the Parks & Recreation Advisory Committee ("PRAC") considered this request at their May 12, 2016 meeting at which time they voted to approve the request to support the naming of this park as Barclay Park WHEREAS, City Council Policy 6A provides that upon donation of at least 51% of the value of park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not been specifically named in honor of a person, group or event; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The park located at or near 5718 Lago Vista Drive is hereby named Barclay Park. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Brian Rosas Lucy Rubio Michael Hunter Chad Magill Colleen McIntyre Mark Scott Carolyn Vaughn Page 2 of 2 PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT PARKS AND RECREATION DEPARTMENT POLICY/PROCEDURE NUMBER Rec-95-12 SUBJECT: Criteria for Naming or Renaming Parks and Recreation Facilities APPLICABLE TO: All Parks and Recreation Facilities administered by the City of Corpus Christi EFFECTIVE DATE: August 30, 2011 I. PURPOSE To establish the format and criteria for naming or renaming parks and recreation facilities (Facilities) which are under the jurisdiction of the Parks and Recreation Department (Department) and are consistent with City Resolution 021901. II. SCOPE This policy applies to facilities situated on City owned or administered property. It is understood that due to the diversity of City operations, varying factors may apply to specific facilities. 1) Naming of New Parks and/or Facilities Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. 2) Renaming or Name Changes for Parks and/or Facilities Renaming or name changes shall be done in accordance with the remainder of this policy. Only the following facilities are eligible to be considered for name changes: (1) park, or park facility or amenity which is not already named in honor of a person, group, or event; and (2) park, or park facility or amenity which was named for the subdivision in which it is located. The renaming of a park, or park facility or amenity which is already named in honor of a person, group, or event is not permitted. IV. OBJECTIVES 1) Ensure that parks and recreation facilities are easily identified and located; 2) Ensure that given names to parks and recreation facilities are consistent with the values and character of the area or neighborhood served; 3) Encourage public participation in the naming and renaming of parks and recreation facilities; 4) Encourage the dedication of lands, facilities or donations by individuals and/or groups; and 5) Encourage the establishment of a trust for improvements of existing parks, maintenance of parks, and preservation of open space. DEFINITIONS 1) Parks and recreation facilities includes all property assets under the City's ownership and control including buildings, structures, open spaces, public parks, natural areas, wetlands, environmental habitat and land. 2) Parks: a. Pocket parks: 0.15 — 3.0 acres; b. Neighborhood parks: 3 -10 acres; c. Community parks: 10 — 30 acres; and d. Large community parks totaling 30 acres or more. Vi. CRITERIA 1) Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. 2) Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. 3) Donation of at least 51 percent of the value of a facility is required. 4) Names related to religious denominations will generally not be favorably considered. 5) A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. 6) When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. 7) The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. 8) Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. VII. NAMING PROCEDURE Where the naming of a park or park facility is proposed, the following steps shall be taken; as per city Resolution and this policy/procedure: 1. Persons, groups, or organizations proposing naming or renaming of facilities shall complete a Naming Facilities Form and submit the request to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. The Naming Facilities Form shall include at minimum: a. Reasons for the proposed change: b. Biographical data; c. Description of the person's involvement in the community or toward the development, maintenance and/or operation of a park or facility. d. Community support for the proposed name change; e. Signatures. The number of signatures required are as follows. Signatures must include the name, age (must be 18 or older, address, zip code and telephone number of each signer as proof of residency). i. Pocket parks from 0.15 — 3.0 acres and neighborhood parks from 3 --- 10 acres require 50 signatures with zip codes within a half (1/2) mile radius of the park;' ii. Community parks from 10 — 30 acres require 250 signatures with zip codes within a one (1) mile radius of the park; iii. Regional parks of 10-25 acres require 750 signatures with zip codes within the city limits; iv. Regional parks of 25-50 acres require 1000 signatures with zip codes within the city limits; v. Regional parks of 50-75 acres require 1500 signatures with zip codes within the city limits; vi. Regional parks over 75 acres require 2000 signatures with zip codes within the city limits. f. The Naming Facilities Form shall be accompanied by a letter of consent from the next of kin or trustee of the estate for the deceased. 2. Upon receipt of a completed Naming Facilities Form, the Department will: a. send a letter to the requestor confirming receipt of request; and b. complete a Research Report consisting of: i. research of the current facility name and any previous naming attempts; ii. historical data (for example: property area, facility, etc.), iii. plat description and map of the facility iv. title information, and v. donation information, including any previous or planned donations, if applicable c. The Department will make every effort to have the Research Report completed within sixty (60) days. If the Research Report is not completed within sixty (60) days, the Department will report to the Park and Recreation Advisory Committee why additional time is needed. 3. The Department shall provide the Naming Facilities Report and Research Report to the Committee for review one week prior to the next Committee meeting. If the information provided does not meet the policy/procedure requirements, the matter will be referred back to the nominator stating the reason for the rejection. If the Committee needs further information, it may request the Department gather additional information. If the information provided meets the policy/procedure requirements, the matter will be given to the Department to complete the citizen engagement process: a. publish legal notice twice in a newspaper of general circulation giving notice of the proposed name change; b. post a sign at the facility noting that a name change request is being considered along with the Department telephone number at the facility; c. distribute fliers noting the proposed name change to the neighbors in the immediate vicinity; d. provide a Public Announcement through the City's Public Information Office when addressing a request involving a park of Community, or Regional size; e. Post notice of the proposed name change on the City's website; f. Notify the City Council of the proposed name change; and g. complete a due diligence report and provide it to the Committee no later than the first meeting after the 60 -day waiting period. 4. The Parks and Recreation Advisory Committee will not consider the proposed name change until 60 days after the first legal notice has been published in the newspaper (60 -day waiting period). Written comments received by the Department are to be submitted to the Committee. Persons wanting to make public comment on a proposed name change should appear and give public comment when the issue is placed on the agenda of the Parks and Recreation Advisory Committee. If during the 60 -day waiting period other Naming Facilities Forms are received concerning the same park property, additional name(s) will not be considered by the Parks and Recreation Advisory Committee until such time as the Committee has taken action on the proposed name change. 5. At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: a. Approve the request; b. Reject the request; or c. Table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity may appeal the rejection to the City Council by filing written notice of appeal with the City Secretary within thirty (30) days from the Committee's decision. if the Committee rejects a naming request and it is not timely appealed to City Council, or if the naming request is rejected by the Committee and it is appealed to City Council and the naming request is rejected, any Naming Facilities Form requesting the same name for the same facility will not be considered for a period of six years after the date of the rejection. 6. The City Council shall consider the request and either approve or reject the request. The City Council, at its option, can waive any or all provisions herein provided in commemorating or memorializing an individual, group or event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with naming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name. Additionally, the cost associated with new park signage, whether single sign or multiple signs, shall be borne by the entity proposing the name change. (The proposing entity shall request a current signage estimate from the Parks & Recreation Director.) Director Parks and Recreation Department ADOPTED: December 6, 1995 REVISED: September 11, 2002 REVISED: February 8, 2006 REVISED: February 10, 2010 REVISED: September 30, 2011 REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Current name and type of area or facility (park, building, pool, etc.) Coves of Lago Vista Park 2. Location: 5718 Lago Vista Dr. Corpus Christi, TX 78414 3. Suggested Name (a person for which a park and recreation facility is being named must be deceased) Mildred and William A Barclay Park 4. Biographical data: Length of time in City Spent their life in Silsbee, TX Summary of employment history _Mr. Barclay was President of Silsbee State Bank After retirement, he served as Municipal Court Judge (Assistant Judge 1990-1992) Military record, if any World War II Veteran Criminal background check 5. Please state the reason for the proposed change: My wife and I are planning to donate >51 % of the cost of the development of the park, and would like to honor my wife's grandparents by naming the park after them. 6. Please state the person's involvement in the community or toward the development, maintenance and/or operation of a park and recreation facility. This should include dates and awards received, if any. Mildred Barclay lived her whole life in Silsbee, TX where she was very active in United Methodist Women and the Silsbee Christian Care Center. Here is an excerpt from her Obituary: "A native and lifelong resident of Silsbee, Mildred was a loving wife, mother, grandmother and great- grandmother. She was a long time member of the First United Methodist Church and was active in the Silsbee Woman's Club and the Literary Club. Mrs. Barclay served as a district officer for the United Methodist Women and numerous volunteer positions in the past." Her obituary and condolences can be accessed via web: http://www.timeformemory.com/fh obituary.cfm?obitid=33329&fhid=375 William Barclay lived his whole life in Silsbee, TX where, after serving his country in World War II, returned home and started working at the community bank. Over years he worked his way to a pillar of the community, becoming the bank president and retiring with this title. He was also involved in the Kiwanis (as seen in the picture below), Lions Club, Boy Scouts and United Methodist church. In his retirement, he further helped Silsbee as an associate City Judge. Some of his community activities and awards include NABAC Texas -Louisiana Chapter President 1966-67 ("The National Association for Bank Audit, Control and Operation' ) Silsbee Chamber of Commerce President 1970-71 Silsbee Chamber of Commerce Citizen of the Year 1989 Kiwanis — Silsbee Club President 2000-2001 Kiwanian of the Year — Kiwanis Club of Silsbee 2002 Kiwanis International Lieutenant Governor, Division 10 2004-2005 Mentor for Silsbee Independent School District Municipal Court Judge (Assistant Judge 1990-1992) Here is an excerpt from his Obituary: "A native of Call, Bill was a lifelong resident of Silsbee. He retired after many years from Silsbee State Bank as president. Mr. Barclay was a member of and active in several civic organizations. He proudly served his country in the US Army during WWII." His obituary and condolences can be accessed via web: http://www.timeformemory.com/fh_obituary.cfm?obitid=37660&fhid=375 7. A short essay, by other than a family member as to the reason the facility renaming: In order for the community to have access to playground equipment, the cost of a playground will be >$50K total. To date we have raised approximately $21 K of the needed $50K. The HOA has agreed to continue maintenance of the park grounds and equipment; however, we have not been able to raise adequate funds as of this date. Due to this, we have chosen honor my wife's grandparents, who taught us by example the importance of community giving, and provide the remaining funds to make the park a reality. S. Provide documentation of community support for the proposed name change. Name change request due to funding. 9. Provide your plan for future maintenance of the park. We as the HOA have promised for future maintenance of the park as signed in the MOA. 10.Attach the following to this application: • Picture of person for which facilities name change is being suggested. • Release of information and release of photo signed by the immediate family. • Agreement signed by the family for costs pertaining to park renaming if approved by City Council. • Application deposit to be subtracted from total. If application is denied, the deposit will be returned within 10 working days after expenses of process deducted. • Number of signatures required according to Park and Recreation Department Policy/Procedure Number ??? • Neighborhood and pocket parks require 50 signatures with zip codes within a half (1/2) mile radius of the park;' • Community parks require 250 signatures with zip codes within a one (1) mile radius of the park; • Regional parks of 10-25 acres require 750 signatures with zip codes within the city limits; • Regional parks of 25-50 acres require 1000 signatures with zip codes within the city limits; • Regional parks of 50-75 acres require 1500 signatures with zip codes within the city limits; • Regional parks over 75 acres require 2000 signatures with zip codes within the city limits. 11. Name and address of person making request. Name Dan Franklin Martin MD, FACS Address 5720 S Oso Pkwy, Corpus Christi, TX 78414 Phone 361-813-2222 12. Do you represent an organization with respect to this request? No If 'yes', name of organization 13. Date of this request 4/11/2016 14. By my signature below, I understand that if this request is approved by the Parks and Recreation Advisory Committee, 1 will be required to pay the park naming fee in accordance with the City of Corpus Christi Fee Schedule (attached) before the matter will be considered by City Council. Signature: Printed Name: ( r" M--`r,_.- FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice — Newspaper Notice to Appropriate Councilmember Public Notice — Neighborhood Kiwanis Club of Silsbee Daniel A. Barclay 3446 W Park Ave Orange. TX 77630 April 11, 2016 City of Corpus Christi Parks and Recreation Department Corpus Christi, TX RE: Release of information and use of park name Mildred and William A Barclay Park Dear Sir: 1 am writing to authorize the use of Mildred and William A Barclay Park as requested by Drs Dan Martin and Kimberly Barclay Martin. This release is as requested in your Policy number Rec-95-12 1 am the son of Mildred and William A Barclay. Jr and independent executor of the estate. 1 have also obtained permission from my brother llarry E Barclay, my only other living sibling. If you have any questions. please call me at 713-898-3715. Sincerely, Daniel A. Barclay (Not mailed, for inclusion with application) CARPUS CHRISTI PARKS& RECREATION Date: April 14, 2016 To: Parks & Recreation Advisory Committee From: Stacie Talbert Anaya, Interim Director Re: Park Naming Request - Coves at Lago Vista Subdivision In December 2007, Corpus Christi Land Ventures dedicated approximately.80 acre park located at Coves at Lago Vista Subdivision, located at or near 5718 Lago Vista Drive. In addition, the developer paid approximately $39,000 in park development fees. Due to an administrative error the park was not added to the department's inventory; the department did not develop nor maintain the park and development fees have been used at Oso Creek Park per the master plan. The property will, however, serve as a good neighborhood access point for future recreational trails planned for the Oso Creek Greenbelt area. The Coves at King Estates Homeowners Association (CKHOA), has maintained the property since its dedication. Last summer, members of CKHOA approached the department about developing the park including a playground, fencing and other amenities totaling more than $51,000. However, at .80 acre the property would be categorized as a niche/pocket park and development options are limited to shade trees, sidewalks and benches according to the 2012 Park and Open Space Master Plan. This was less than the CKHOA anticipated and requested a variance to the development standard. In order to develop the property, the department negotiated the following agreement: • Parks and Recreation will allocated $12,000 in park development funds for the development of the park amenities. • CKHOA will pay for the balance of the development cost of the park improvements. • CKHOA can use the PALS account for donations collected for the balance of the development costs. • CKHOA will commit to continue maintenance requirements for the park. • The park will remain a public park - available to everyone. • An area for a future trailhead will be reserved in the park. The Parks & Recreation Department Policy and Procedure for Naming or Renaming Parks & Recreation Facilities list the following procedure for Naming of New Parks and/or Facilities: • Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after Page 1 of 2 the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council. • The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. As this property has never been formally listed in the Parks & Recreation Department's inventory, it will be treated as a new park and subject to the second portion of the policy for new parks and facilities. The policy subsequently lists criteria for naming parks including: • Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. • Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. • Donation of at least 51 percent of the value of a facility is required. • Names related to religious denominations will generally not be favorably considered. • A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. • When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. • The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. • Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. Dr. Dan Martin and his family have donated 58% of the cost of the development of the park (including the cost of the park sign) that is estimated to be completed in July 2016. Dr. Martin has requested the park be named Barclay Park to posthumously honor his wife's grandparents and their life-long commitment to public service. This request meets the criteria established in the policy. I ask that you support my recommendation to accept the generous donation from Dr. Martin as well as his request to name the property Barclay Park. Page 2 of 2 Proposed Barclay Park Location 11114 City of Corpus Christi 2,267 ft The City of Corpus Christi uses the most current and complete data available. However, GIS data and product acouracy may vary. GIS data and products may be developed from sources of differing accuracy, accurate only at certain scales, based on modeling or interpretation, Incomplete while being created Or revised, etc. The City of Corpus Christi reserves the right to correct, update, modify, or replace, GIS products without notification. The City of Corpus Christi cannot assure the accuracy, completeness, reliability, or suitability of this information for any particular purpose- Using GIS data for purposes other than those for which they were created may yield inaccurate or misleading results. The recipient may neither assert any proprietary rights to this information nor represent it to anyone as other than City Government -produced information. The City of Corpus Christ shall not be liable for any activity involving this information with respect to lost profits, lost savings or any other consequential damages. Powered by VANTAGEPOINTS Proposed Barclay Park City of Corpus Christi 69 ft The City of Corpus Christi uses the most current and complete data available. However, GIS data and product acouracy may vary. GIS data and products may be developed from sources of differing accuracy, accurate only at certain scales, based on modeling or interpretation, Incomplete while being created or revised, etc. The City of Corpus Christi reserves the right to correct, update, modify, or replace, GIS products without notification. The City of Corpus Christi cannot assure the accuracy, completeness, reliability, or suitability of this information for any particular purpose- Using GIS data for purposes other than those for which they were created may yield inaccurate or misleading results. The recipient may neither assert any proprietary rights to this information nor represent it to anyone as other than City Government -produced information. The City of Corpus Christ shall not be liable for any activity involving this information with respect to lost profits, lost savings or any other consequential damages. Powered by VANTAGEPOINTS AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: FROM: May 12, 2016 Margie C. Rose, Acting City Manager Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Ordinance authorizing acceptance and appropriation of the Texas Parks and Wildlife Department grant funds for the Oso Bay Wetlands Preserve & Learning Center CAPTION: Ordinance authorizing the City Manager or designee to execute documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of $48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of $4,950 and an in-kind match of $8,391, for total program funds of $61,371; appropriating the $48,033.00 grant in the No. 1067 Parks Grants fund and authorizing the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grant fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016. PURPOSE: Appropriation and acceptance of a Texas Department of Wildlife Department grant for the Oso Bay Wetlands Preserve & Learning Center for the Observing Science Outdoors Summer Guardians 2016 Program. BACKGROUND AND FINDINGS: The grant is aimed at reinforcing the efforts the Preserve is leading in developing a state of the art summer program. This new youth program will increase students' environmental literacy fostering future environmental stewards. Utilizing the new Oso Bay Wetlands Preserve and Learning Center, participants will study biodiversity, ocean acidification, overfishing and pollution. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X 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 $48,033 $48,033 BALANCE $48,033 $48,033 Fund(s): Grant Fund 1067 Parks and Recreation/General Fund 1020 Comments: N/A RECOMMENDATION: Staff recommends that City Council accept the grant award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment — Grant Award Ordinance authorizing the City Manager or designee to execute all documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of $48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of $4,950 and an in-kind match of $8,391, for total program funds of $61,374; appropriating the $48,033.00 grant in the No. 1067 Parks Grants Fund; and authorizing the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grants fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016 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 execute documents to accept grant agreements with the Texas Parks and Wildlife Department in the amount of $48,033 for the Observing Science Outdoors Summer Guardians 2016 Program in the No. 1067 Parks Grants Fund, with City matching funds of $4,950, and an in-kind match of $8,391, for total program funds of $61,374. Section 2. That $48,033.00 grant is appropriated in the No. 1067 Parks Grants Fund for the Observing Science Outdoors Summer Guardians 2016 Program. Section 3. That the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grants Fund as grant matching funds is authorized and appropriated for the Observing Science Outdoors Summer Guardians 2016 Program. Section 4. That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) for carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) for amendments which will provide supplemental grant funds in amount not to exceed 20% of the original grant; c) for reimbursement increases of administration funds for each participant served; d) for amendments to comply with applicable State of Federal laws and regulations; and e) for amendments which do not change the essential purpose of the grant. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS PARKS AND WILDLIFE DEPARTMENT COMMUNITY OUTDOOR OUTREACH PROGRAM AGREEMENT Project Name and Number: Observing Science Outdoors (OSO) Summer Guardians 2016; 52-000629 Project Period: TPWD Approval Date to November 1, 2017 Total Project Cost: $61,374.00 Approved State Funds: $46,033.00 PROJECT DESCRIPTION (SCOPE): City of Corpus Christi Parks and Recreation- Oso Bay Wetlands Preserve & Learning Center will administer "Observing Science Outdoors (OSO) Summer Guardians 2016" which will prov,de an outdoor and environmental education program for 352 participants which will include at least 50% females, 50% ethnic minority and physically/mentally challenged youth. Five of the following will be utilized: Texas State Parks or other TPWD approved facilities, TPWD approved programs, and/or TPWD personnel. Five of the following activities will be included: camping, environmental education, fishing/angling, backpacking/hiking, canoe/kayaking, blrding/wildlife viewing, and/or nature photography. The project will include an outdoor service project. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ("Department") and the "Sponsor„ hereby contract with respect to the above described project as follows: 1. The Sponsor Is obligated to adhere to all requirements for the Texas Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec. 61.135. 2. No work on the protect by the Sponsor shall commence until there Is a signed contract by both parties Is on fife with the department. 3. All changes to this agreement must be approved in advance by the Department 4. The General Provisions and Budget Summary of Project Casts attached hereto are hereby made part of thls agreement 5. The Agreement Is effective upon execution by the Department 6. Documentation must be provided for reimbursement. This Grant Program does not reimburse for Indirect costs TEXAS PARKS AND WILDLIFE DEPARTMENT By Brent Leisure, Director, State Parks Name and Title rZ4 rid DATE l j SAM Search Date 04/25/2016 - RSL City of Corpus Christi Parks and Recreation - Oso Bay Wetlands Preserve Sr Learning Center SPONSOR By \ eC- 1 t°d'v-,r. U55'5 Name and Title DA E Qr.� 1Jtl'cck-C,r-- Observing Science Outside (050) Summer Youth Oso Bay Wetlands Preserve & Learning Center Corpus Christi Parks & Recreation Overhead Expenses TPWD City of Corpus Christi Total Facilities Usage Fee ($110/day) $4,400.00 $4,400.00 Printing/Advertising $50.00 $50.00 Service Delivery Cost Ed. Coordinator Salary $9,100.00 $9,100.00 Part Time Staff (2ppI.X$10/hrX20hrs/8wks) $3,200.00 $3,200.00 Staff Training Week (2wks/$10/2pp1x80) $800.00 $800.00 First Aid CPR Training ($50/per x 4ppl) $200.00 $200.00 Field Trip Transportation (CCISD) $3,439.00 $3,439.00 Aftercare Transportation $1,600.00 $1,600.00 Foul Weather Contingency Plan - TX State Aquarium $500.00 $500.00 Staff/Student T -Shirts (360x$3.26ea) $1,173.60 $1,173.60 Water Bottles (360) $903.40 $903.40 Name Tags (360 @ 12.50/20x330) $225.00 $225.00 Journal Supplies $732.00 $732.00 Pencils $120.00 $120.00 iPad minis (22x$225) $4,950.00 $4,950.00 Waterproof iPad mini Case (22x$30) $660.00 $660.00 iPad mini storage & charging case $925.00 $925.00 Tandem Ocean Kayaks (12x$799) $9,588.00 $9,588.00 Lifejackets (25 x $20) $500.00 $500.00 Whistles (25x$8) $200.00 $200.00 12 Kayak Trailer $1,298.00 $1,298.00 Vernier Water Quality Test Package & LabQuest2 $3,710.00 $3,710.00 Student Support Scholarships($125x32students) $4,000.00 $4,000.00 Sub Total $47,324.00 $4,950.00 $52,274.00 Service Projects Bird House Kits ($16.12) $709.00 $709.00 Sub Total $709.00 $709.00 In Kind Contributions Volunteer Time(2ppl/$24.66/hr/20hr/wkx8wks) $7,891.00 $7,891.00 Mustang Island State Park Ed. Program $500.00 Sub Total $8,391.00 $8,391.00 Requested State Assistance $48,033.00 City of Corpus Christi (Local) Financial Share (27%match) $13,341.00 Total Cost $61,374.00 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 23, 2016 FROM: Stacie Talbert, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3464 Authorization of a Lease Agreement for the 2016 Arts Alive! Event CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016. PURPOSE: To approve date, location, and consideration for the Arts Alive! and related activities September 3 and 4, 2016. BACKGROUND AND FINDINGS: The first annual Arts Alive! event is set to take place on September 3rd and 4th, 2016 with a weekend of curated artistic experiences featuring interactive art, live demonstrations, and a hands-on art action. There will be food trucks, live music, unique art demonstrations, community art projects, kid's activities and much more. The event will also feature works by artists from across the nation on display for sale. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events 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 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of City property generally bounded by current N. Shoreline Blvd. and former N. Shoreline Blvd. between Coopers Alley and Williams Street for the Arts Alive! Event and related activities on September 1 through September 5, 2016. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 15 LEASE AGREEMENT FOR ARTS ALIVE! State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Arts Community Center of Corpus Christi, Inc. ("ACC"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. ACC — means the Arts Community Center of Corpus Christi, Inc., a Texas non-profit corporation. G. ACC's Agent - means a duly authorized representative of the ACC. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Arts Alive! events and related activities sponsored by the ACC. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A. Page 2 of 15 O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The ACC will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the ACC the privilege of using the area of the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A, for the Arts Alive! Event. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and ACC Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The ACC's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with ACC representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director and ACC. If revised, new ExhibitA will follow process in §4 PREMISES REVISIONS. ACC's Agent may request additional meetings. 7. ADMISSION FEE. ACC may charge an admission fee. Special Events connected with ACC may charge another fee to help defray the cost of entertainment. 8. ACC'S FINANCIAL OBLIGATIONS. A. Permit Fees. The ACC must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the ACC for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Page 3 of 15 ACC's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. ACC's failure to pay the undisputed charges on City's invoice within 30 days after submittal to ACC shall result in a late payment fee being assessed against ACC. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Deposit. The ACC must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the ACC within 30 days after the Event. D. Reimbursement for Damages to Citv Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the ACC, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the ACC an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the ACC for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the ACC's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the ACC has vacated the property, following the conclusion of the Event. ACC will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the ACC must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the ACC fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the ACC for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the ACC's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. ACC will pay City's invoice for damages, within 30 days after City tenders the invoice to ACC's Agent, less any amount(s) the ACC has disputed. 9. GENERAL PERMITS. ACC shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. ACC will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. ACC must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. Page 4 of 15 B. Temporary Promotional Event Permit ACC will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the ACC to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. ACC may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. ACC must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. ACC must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage ACC for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, ACC must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, ACC must obtain necessary permits from the United States Coast Guard. G.Additional Permits. ACC's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. ACC is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Skins. The ACC must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and altemate street access. ACC shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. Page 5 of 15 B. Parking, The ACC will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. ACC's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The ACC must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. ACC may provide a temporary six-foot (6') chain link fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the ACC's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. ACC must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. ACC must remove the screens within the non-exclusive use period after the close of the Event. However, ACC must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if ACC provides the Parks Director prior written assurances that ACC will remedy said damages in accordance with §8 ACCS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. ACC must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). Page 6 of 15 11. CLEAN UP. ACC is responsible for trash pickup at the Event. ACC must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. ACC may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the ACC and taken to a location designated by the ACC. ACC may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give ACC's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by ACC shall be pay. 12. RIGHT OF ACC TO USE PUBLIC STREETS. ACC acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by ACC with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. ACC must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. ACC is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. ACC will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 ACC FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The ACC, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. ACC agrees to comply with attached insurance Exhibit C. In addition, ACC's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. ACC is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. ACC must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the ACC's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. ACC must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Page 7 of 15 ACC must require all volunteers to sign an accident waiver foram that ACC must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, ACC must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, ACC must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to ACC. 17. INDEMNITY. ACC shall indemnify and hold City, its officers, agents and employees ("lndemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of ACC or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("lndemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Arts Alive! event and associated activities, with the expressed or implied invitation or permission of ACC, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees or lndemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of lndemnitees. ACC covenants and agrees that if City is made a party to any litigation against ACC or in any litigation commenced by any party, other than ACC relating to this ACC Lease Agreement, ACC shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to ACC: Art Community Center of Corpus Christi, Inc. Attn: Executive Director 00 n. -l• 5 tioauu oz. BLVD. Corpus Christi, TX 784/11 (361) ST L} ,. i4o (y FAX (361) cy $g3 Page 8 of 15 19. ASSIGNMENT. ACC may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of ACC to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by ACC entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by ACC is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by ACC and the sums inure to the benefit of City as a set-off against any debt or liability of ACC to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from ACC by the City are compensation for provision of City services as described herein and for the right of ACC to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The ACC recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. ACC must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at ACC's sole expense and cost. 24. NON-DISCRIMINATION. ACC warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTEREST. (Exhibit D) ACC agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 26. CERTIFICATE OF INTERESTED PARTIES. ACC agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties". These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Page 9 of 15 c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.uslleoallch46.html. 27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. 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:llwww.cctexas.com/government/city-secretarylconflict- disclosurelindex. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and ACC for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to ACC's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Approved as to form: IN ?° l (. By: Lisa Aguilar, Atant City Attorney For the City Attorney Name: Title: Page 10 of 15 ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By:GZG{-I�OC, W tJ Name: 17! pc-&) NJ ft PA_U /J1ZE Title: D QtZ i. Date: a Li, 01-01 EXHIBIT A - Event Premises Page 12 of 15 EXHIBIT B Set -Up Dates for Event: September 1, and 2. 2016 Thursday, September 1, 2016 8am — 6pm Event Set Up Friday, September 2, 2016 — Event Set -Up Dates for Event: September 3 and 4, 2016 September 3, 2016 —10 am — 6pm September 4, 2016 — 10 am — 4pm Take Down Date for Event: September 5, 2016 September 5, 2016 — 8am to 1 pm Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee (ACC) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. 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 VOLUNTEER ACCIDENT COVERAGE $ I0,000 for Accident Death and Dismemberment $$5,000 for Medical Page 15 of 15 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee'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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Insurance Requirements Parks and Recreation Dept. ���1■ City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code 5 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: The Art Center of Corpus Christi STREET ADDRESS: 100 N. Shoreline Blvd. CITY: Corpus Christi STATE: TX ZIP: 78401 FIRM IS: 1. Corporation ❑ 4. Association ❑ 2. Partnership ❑ 3. Sole Owner ❑ 5. Other X 501c3 non profit corporation If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION 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. Managing Certifying Person: Dianna Bluntzer Title: Director Signature of Date: Certifying Person: DEFINITIONS May 24, 2016 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 or a 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. The Art Center of Corpus Christi Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the torn is being filed. The City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-62533 Date Filed: 05/26/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 74-1716003 community art event -- A 14L4 VC 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. 6 AFFI 4 SANDRA ALVAREZ Notary Public } F STATE CF TEXAS My Comm, Exp. 05-26.2019 t swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of tracting business entity AFFIX NOTARY STAMP ! SEAL ABOVE % (�,, 4-114.4"-- Sworn+ to and subscribed before me, by the said S l/k?Yl`la_. Zito/ U"td a day of , 20 ! u , to certify which, witness my hand and seal of office. 4S nature of o er a stering oath Sttbv1fL Mvarc Cines Printed name of officer administering oath Title of officer administering oath AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: TO: May 23, 2016 Margie C. Rose, Acting 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) 826-3726 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Amending State Speed Limit in Certain Zones Along Shoreline Drive and Ennis Joslin Road CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard PURPOSE: An ordinance amendment will establish speed limits which will allow the motorist to operate a vehicle at a reasonable and safe speed under favorable conditions. BACKGROUND AND FINDINGS: Texas Legislative Code Section 545.352. Prima Facie Speed Limits establishes 30 mph as the lawful prima facie speed limit for urban districts within Texas. This means 30 mph is a reasonable and prudent speed to drive at under normal conditions. A municipality has the authority to alter a speed above or below the prima facie speed limit based on an engineering and traffic investigation. The existing City Ordinance designates the speed limit on Shoreline Blvd from Craig to Power Street is 35MPH. The recently completed Bond 2008 Shoreline Realignment Project closed the three north bound lanes along the seawall realigning the north and south bound lanes from Craig to Lawrence. As a result of the realignment, a traffic study was conducted to determine a safe and reasonable speed. Based on the analysis, it was recommended to reduce the speed limit on Shoreline Blvd from Craig to Lawrence to 30MPH and close the three north bound lanes along the seawall; all other sections of Shoreline Blvd remain unchanged. To implement the recommended reduced speed limit, an Ordinance Amendment is required removing the section of Shoreline Blvd from Craig to Lawrence from the existing 35MPH speed zone designation in Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones. An Ordinance Amendment is also required to remove the existing signage from the closed sections of Shoreline Blvd as are result of the realignment. Ennis Joslin Road, from Wooldridge Road to Holly Road, is a new street that was constructed through private development as part of required public improvements for the Dorothy Adkins Middle School. An engineering and traffic investigation was conducted to establish a speed limit for this segment of Ennis Joslin Road. Based on the results of the investigation, a 35 mph speed zone was recommended as the posted speed limit. An ordinance amendment is required to establish this segment as a 35 mph speed zone in Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones. The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments at their April 25, 2016 meeting. ALTERNATIVES: Denial of the proposed speed limits. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The establishment of speed limits conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: City 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: City staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance Amendment Location Map Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard 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 53-254 Schedule V, increase of state speed limit in certain zones is revised to add Ennis Joslin from Wooldridge Road to Holly Road and to update North and South Shoreline Boulevard as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Ennis Joslin Road: From Wooldridge Road to Holly Road -35 mph—At all times North and South Shoreline Boulevard: From C-ra-ig Lawrence Street to Power Street -35 mph, except on the northbound Shorclinc Boulcvard from a point 580 fcct south of Park Avcnuc to a point 390 fcct north of Park Avcnuc, 25 mph whcn flashcrs aro operating dcsignating such spccd All times" SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-255 Schedule VI, Decrease of state law maximum speed by removing East Shoreline Boulevard. "Section 53-255. - Schedule VI, Decrease of state law maximum speed. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the speed limit shall be as herein set forth on those streets or parts of streets herein designated at the times specified when signs are erected giving notice thereof: point 390 fcct north of the ccntcr linc of Park Avcnuc 25 mph Whcn flashcrs arc operating dcsignating such spccd" SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, 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 CORPUS CHRISTI BAY PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. 9 SCALE: N.T.S. AERIAL FLOWN 2014 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF PROPOSED SPEED LIMIT CHANGE ENNIS JOSLIN RD. Proposed Speed Limit Change VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 Corpus Chr sti Engineering Amending State Speed Limit in Certain Zones (Shoreline Blvd and Ennis Joslin Rd) Council Presentation June 14, 2016 Vicinity Map �hrsti Engineering LEOPARD AL 44plftion r� I�.,rie F4 C;OHPUS OHF<ISII HAY PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. TEXAS AAM ONNERSOV CORPUS CHRISTI SCALE: N.T.S. (NNAAVAL AIR STATION, FLOUR BLUFF Jr 2444 PROPOSED SPEED LIMIT CHANGE ENNIS JOSLIN RD. 2 Location Map - Shoreline Corpus Ch r sti Engineering PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. LEGEND PROPOSED SPEED LIMIT CHANGE ---- EXISTING SPEED LIMIT TO REMAIN 35 MPH 3 Location Map - Ennis Joslin rt) Corpus Chr sti Engineering PROPOSED SPEED LIMIT CHANGE ENNIS JOSLN RD. Scope �hrsti Engineering • Prima Facie Speed -Reasonable and Prudent Speed In Normal Conditions • 30 mph for Urban Districts in Texas • Increasing or Decreasing Requires an Ordinance Amendment • Shoreline Boulevard - Decreasing To State Speed Limit • Craig St. to Lawrence St. • Existing Speed Limit (By Ordinance) - 35 mph • Proposed Speed Limit - 30 mph • Ennis Joslin Rd. - Increasing Above State Speed Limit • Wooldridge Rd. to Holly Rd. • Existing Speed Limit - None Exists (Newly Constructed Road) • Proposed Speed Limit - 35 mph �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: TO: June 9, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Andy Leal, P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Amendment to Interlocal Agreement and Execute Change Order County Road 52 Phase 1 CAPTION: Ordinance amending the FY 2016 Capital Budget to add Project No. E16303 County Road 52 Phase 1B, appropriating $100,000 of anticipated revenue from Nueces County, Texas; approving Amendment No. 1 to an Interlocal Agreement with Nueces County, Texas; and authorizing the City Manager, or designee, to execute Change Order No. 2 with Haas Anderson Construction of Corpus Christi, Texas in the amount of $649,017.80 for the County Road 52 project Phase 1B for final surface treatment and completion of project. (BOND 2008) PURPOSE: The purpose of this Agenda Item is to accept the funding from Nueces County and to execute a Change Order with Haas Anderson Construction for the final 2 -inch Hot -Mix -Asphalt -Concrete (HMAC) surface treatment to complete the County Road (CR) 52 from County Road 69 to Highway 77 (Bond 2008) project. BACKGROUND AND FINDINGS: County Road 52 (CR 52) from CR 69 to Highway 77 is a two lane rural roadway section that was on the November 2008 Street Bond Issue as part of Future Texas Department of Transportation (TxDOT) Participation Projects. On December 15, 2009, the City entered into an Interlocal Agreement with Nueces County to share the costs to renovate and expand this section of roadway as Phase 1; see attached Interlocal Agreement. A construction contract for the reconstruction and widening with a continuous left turn lane was awarded to Bay Ltd. of Corpus Christi on June 28, 2011, and completed on December 25, 2012. The roadwork included a 4 -inch HMAC surface treatment with improvements for driveways, storm water ditches, and culvert replacement. The final 2 -inch later of HMAC was deferred by City Staff to coordinate the final surface treatment with the additional CR 52 extension project that was voter approved in the November 2012 Bond Election (County Road 52 Extension — Phase 2). The Bond 2012 project to extend CR 52 from County Road 69 to FM 1889 was developed in partnership with Nueces County with an Interlocal Agreement executed on July 14, 2015, that provided for the County to complete the design and construction under a joint cost sharing. The County subsequently advertised and awarded a contract in February 2016 to Haas Anderson Construction (HAC) for the extension project that is currently under construction. Therefore, the City developed a Change Order with HAC under the Street Preventative Maintenance Program (SPMP) Overlay Project to allow the most cost effective solution to concurrently complete both projects. Change Order No. 2 consists of minimum of a 2" Hot Mix Asphalt Concrete (HMAC) over a fiberglass reinforced mat with required full depth and crack repairs with new striping. The pricing and construction methods for repairs and final treatment were specifically negotiated to achieve the most cost effective solution. The Amendment to the Interlocal Agreement with Nueces County is to provide the County's cost share of $100,000 for the Change Order No. 2. The Amendment was approved by the Nueces County Commissioner's Court on June 8, 2016. ALTERNATIVES: 1. Execute the Change Order with Haas Anderson Construction as proposed. (Recommended). 2. Do not execute the Change Order with Haas Anderson Construction as proposed. (Not Recommended). OTHER CONSIDERATIONS: County Road 52 — Phase 1 has experienced cracking in the roadway. The work for this change order will restore the life of the roadway and provide the 4" HMAC per the original design. This item was presented to the Nueces County Commissioners Court on June 8th, 2016 for their review and approval. CONFORMITY TO CITY POLICY: This agreement conforms to City Policy for Change Orders. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget 2,243,957.98 675,772.75 2,919,730.73 Encumbered/Expended Amount 2,243,957.98 2,243,957.98 This item 649,017.80 649,017.80 Future Anticipated Expenditures This Project 26,754.95 26,754.95 BALANCE 0.00 0.00 0.00 Fund(s) Bond 2008 Street Funds RECOMMENDATION: City Staff recommends the approval of the Change Order No. 2 with Haas Anderson Construction of Corpus Christi, Texas for the final surface treatment and completion of the CR 52 from CR 69 to Highway 77 and the amended Interlocal Agreement for cost sharing with Nueces County. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Presentation Interlocal Agreement Amendment #1 to Interlocal Change Order Form 1295 PROJECT BUDGET County Road 52, Phase 1 - CR 69 - US 77 BOND 2008 - Proposition 1 Phases 1 & 1B FUNDS AVAILABLE: Bond 2008 Streets $ 1,579,816.02 Storm Water CIP 229,299.45 Water CIP 47,599.20 Nueces County 963,016.06 Nueces County (This Item) 100,000.00 TOTAL $ 2,919,730.73 FUNDS REQUIRED: Construction: Construction Phase 1A (Bay, Ltd.) $ 1,616,875.20 Change Order with Haas Anderson Construction (THIS PROJECT) 647,227.75 Construction Inspection & Testing: Construction Phase 1 A - Materials Testing Services 31,559.50 Construction Phase 1B - Materials Testing Services 9,145.00 Design: A/E Consultant (Maverick Engineering) 241,743.00 Other: Land and Right of Way 126,768.50 Reimbursements: Total Reimbursements 246,411.78 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 45,866.68 Engineering Services (Project Mgt/Constr Mgt) 197,572.07 Misc. (Printing, Advertising, etc.) 2,973.03 TOTAL $ 2,919,730.73 ESTIMATED PROJECT BUDGET BALANCE $ ORDINANCE AMENDING THE FY 2016 CAPITAL BUDGET TO ADD PROJECT NO. E16303 COUNTY ROAD 52 PHASE 1B, APPROPRIATING $100,000 OF ANTICIPATED REVENUE FROM NUECES COUNTY, TEXAS; APPROVING AMENDMENT NO. 1 TO AN INTERLOCAL AGREEMENT WITH NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE CHANGE ORDER NO. 2 WITH HAAS ANDERSON CONSTRUCTION OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $649,017.80 FOR THE COUNTY ROAD 52 PROJECT PHASE 1B FOR FINAL SURFACE TREATMENT AND COMPLETION OF PROJECT. (BOND 2008) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add the County Road 52 Phase 1B project. SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add $100,000 of anticipated revenues from Nueces County, Texas to the County Road 52 Phase 1B project in Street CIP Fund 3530. SECTION 3. Revenues and expenditures in the amount of $649,017.80 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 4. An Amendment to an Interlocal Agreement with Nueces County, Texas is approved for the County Road 52 Phase 1B project. SECTION 5. The City Manager or designee is authorized to execute a change order to the County Road 52 Phase 1B project in the amount of $649,017.80 with Haas Anderson Construction of Corpus Christi, Texas for final surface treatment and completion of project (Bond 2008). ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael T. Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas 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 T. Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn OI .th San711 FI? b toay PROJECT LOCATION Petronila Tierra Grande Corpus Christi D 3 VICINITY MAP NOT TO SCALE Project Number: E16303 County Road 52 Extension ( Hwy 77 to FM 1889) Phase! & IB and Phase 11 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES County Road 52 - Phase 1 Project From CR 69 to Highway 77 Change Order Corpus Chr sti Engineering Council Presentation June 14, 2016 Project Vicinity 4000 Corpus Chr sti Engineering 1 San dro iobsto Petronila PROJECT LOCATION Tierra Grande EiaY Corpus Christi 2 Project Location PHASE!! LES ELECTRIC COMP IVY PHASE! &IB Corpus Chr sti Engineering Original contract provided for 4" HMAC; however, staff directed deferral of final 2" HMAC. Change order No. 2 completes the final 2" HMAC layer with repairs, crack sealing and installation of fiberglass matting to restore the lifecycle of the pavement. Phase 1 & 1B — Construction by the city under this project. Phase 2 — Construction by Haas - Anderson by the County. Project Schedule �hrsti Engineering 2016 Jan Feb Mar Apr May Jun July Aug I Sept I Oct I Nov I Dec Phase 2 Extension Nueces County Project City Project Project Estimate: 16 weeks for Phase 2 4 weeks for Phase 1B 0_DLOoco( THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT 4e1 THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City"), a Texas municipal corporation and home -rule city, acting by and through its governing body, the Corpus Christi City Council, and the NUECES COUNTY, TEXAS ("County"), acting by and through its governing body, the NUECES COUNTY COMMISSIONERS COURT. This Agreement is made pursuant to Chapter 791, Texas Government Code, and is as follows: SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to fund and provide for the expansion of County Road 52 ("CR 52" or "the Road") to 3 or 5 lanes generally depicted on Exhibit A herein attached and incorporated in its entirety, and related improvements as provided in this Agreement. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate in the funding of costs, including engineering, and construction necessary to facilitate the construction of improvements to renovate and expand CR 52 (the "Project" or the "Work") as follows: (a) Funding. County agrees to pay up to $1,200,000.00 to the City of Corpus Christi for Project costs associated with the construction of County Road 52 including, but not limited to: engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses necessary for the construction of CR 52. The City agrees to provide $1,200,000.00 in funding toward the construction of CR 52. It is mutually agreed that the total Project cost will not exceed $2,400,000.00. The City or County may increase their funding upon written notice to the other party. Any such increased funding will be used only for the purpose of this agreement. However, such increase will not require any commitment of matching funds by the other party unless mutually agreed in writing as an amendment to this agreement. (b) Utilities & Miscellaneous. The City and County agree any drainage, adjustments or relocations of private utilities or pipelines that may be necessary due to the Project will be part of the Project. The cost 2009-549 M2009-349 12/15/09 Nueces County 1 INDEXED adjustments or relocations of private utilities or pipelines will be paid with Project funding. The City will pay for 100% of the costs for the adjustment, relocation, installation and maintenance of any City -owned gas lines and wastewater lines including valves and appurtenances. The City and County will each pay for one-half the costs of any storm water improvements installed as part of the Project with Project funding. The City and County will each pay for one-half the costs of any modification or adjustments required for any raw water canals or other raw water conveyances with Project funding. (c) Property & Land Acquisition. The City agrees to acquire any construction easements, rights-of-way, and utility easements that may be necessary for construction, including proceedings to condemn by use of the power of eminent domain, if necessary. The costs of such acquisition are included in project funding and will be paid with Project funds. The City will acquire and hold property rights in the name of the City. (e) Payment Dates. The County will pay (up to an amount of $1,200,000) City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. County shall have the right to review and audit the City's documents concerning Project expenses upon request. (f) Contract Management. City will be responsible for contract administration during construction of CR 52 including any new utilities, drainage and required adjustments and/or relocation of the utilities. City will provide oversight inspections, as needed, and provide through an independent third party provider necessary geotechnical services, engineering materials inspection, testing and laboratory services at its expense. The cost of contract administration will be paid with Project funds. Both City and County will accept, in writing, the Project Plans, Specifications, and Cost Estimates before the City advertises and proceeds to solicit bids for the construction of the Work. The City will ensure the contact documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. 2 (g) The City Council will authorize the City Manager or his designee to execute the contract after the bids have been opened and evaluated. Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code. (h) Final Acceptance. Both City and County shall make final inspection of the improvements, and City Engineer and County Engineer must each agree and will certify in writing such completion for Final Acceptance. City shall provide written notice to the County Judge the date certified for Final Acceptance under this subsection (the "Date of Acceptance"). (i) Construction Warranty Period. During the construction warranty period of one year from the Date of Acceptance, or for such lesser or greater period as may be specifically provided, both City and County shall be responsible to present warranty issues to be done or performed by contractor. (j) Maintenance. City will maintain the roadway and drainage improvements. This paragraph will survive expiration of this agreement. (k) Easements. County will grant the City access to any of its property or easements for the construction of the project and maintenance of City utilities. SECTION 3. TERM OF AGREEMENT. Term. The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work, which shall be no later than two years from signing of this Agreement. This Agreement may be extended upon written agreement of the parties. If unexpected delays in the Project occur, this Agreement shall extend beyond the two-year term as necessary. The City shall provide the County with the proper justifications for any extension in writing. SECTION 4. CHANGE ORDERS Change orders will be reviewed by both the County and City with the City giving final approval as part of contract administration. All changes will be funded with Project funds. Copies of the Change Orders will be provided to the County Engineer. 3 SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto 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 hereof. Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City Angel R. Escobar City Manager City of Corpus Christi P. O. Box 1541 Corpus Christi, Texas 78401 COUNTY Samuel L. Neal, Jr. County Judge Nueces County 901 Leopard Corpus Christi, Texas 78401 (e) Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4 (f) (g) Successors. This Agreement shall bind and benefit 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 of Corpus Christi, or any officer, agent or employee of the City, or any Reinvestment Zone, or any County Commissioner, officer, agent or employee of the County. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS ,e s„..",,, '*' Samuel L. Jr Date An . Escobar te Neal, City Manager County Judge ATTEST: I 0 Armando Chapa Date City Secretary APPROVED AS TO FORM: Veronica Ocanas Date Assistant City Attorney for City Attorney 5 Q pA Bierra-Barrera-retea UM4Et1on1 Date County Clerk, b tIg91900 AUTHORIZED +sT COUNCIL ..�:.► 5 SfOicIIRY rgi • AMENDMENT NO. 1 INTERLOCAL AGREEMENT FOR THE COUNTY ROAD 52 EXTENSION PHASE 1 PROJECT BETWEEN THE CITY OF CORPUS CHRISTI & NUECES COUNTY THE STATE OF TEXAS § COUNTY OF NUECES § This AMENDMENT NO. 1 to the INTERLOCAL COOPERATION AGREEMENT executed February 2, 2010, for the extension of County Road Phase 1 ("Amendment No. 1") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and home -rule city, acting by and through its duly authorized City Manager or designee upon authority of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS ("County"), acting by and through its duly authorized County Judge or designee upon authority of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in accordance with the provisions of Chapter 791, as amended, Texas Government Code. WITNESSETH WHEREAS, the parties entered into an Interlocal Agreement for Phase 1 of County Road 52 ("CR 52") Extension on February 2, 2010 ("Agreement"); WHEREAS, the Agreement provides terms for the extension of CR 52 Phase 1 from US Highway 77 to County Road 69 ("Project"); WHEREAS, Section 3 of the Agreement provides: Section 3. TERM OF AGREEMENT The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work, which shall be no later than two years from signing of this Agreement. This Agreement may be extended upon written agreement of the parties. If unexpected delays in the Project occur, this Agreement shall extend beyond the two-year term as necessary. The City shall provide the County with the proper justifications for any extension in writing. WHEREAS, the Project requires completion, the scope of which is attached here as Exhibit A -1-B (Phase 1-B), and which invokes the right to extend the Agreement under Section 3 and serves as the City's required justifications; WHEREAS, this amends the Agreement to provide for terms for each party to participate and contribute to that part of the Project referred to here as Phase 1-B. AMENDMENT No. 1 Phase 1-B for Completion of CR 52 Phase 1 Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 1 of 4 The Agreement is amended as follows: 1. SECTION 2-B. OBLIGATIONS OF CITY AND COUNTY FOR PHASE 1-B TO COMPLETE COUNTY ROAD 52 PHASE 1. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate and contribute to the Project costs necessary to facilitate the completion of the construction of improvements to CR 52 from US Highway 77 to County Road 69, more specifically described in Exhibit A -1-B ("Phase 1-B"). a) Funding by County. The County agrees to contribute $100,000 from its $1.2 million allocation for costs to complete Phase 1-B of the Project. b) Funding by City. The City agrees to contribute an additional amount not to exceed $550,000 to complete Phase 1-B the Project. c) Payment Dates. The County will pay up to $100,000 in total to City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. County shall have the right to review and audit the City's documents concerning Project expenses upon request. d) The City agrees to procure and enter into the necessary contracts for design and construction services, or provide for the required construction services by employing the services of a contractor already contracted to perform similar or same services under an IDIQ contract, to complete Phase 1-B in accordance with Exhibit A -1-B herein attached and incorporated in its entirety. The City further agrees to manage all construction management, observation and inspection services necessary, as well as any further design, materials testing, or geotech services required to complete Phase 1-B. e) The County has reviewed and hereby approves of the scope of the Work detailed in Exhibit A -1-B, as the Work required for the completion of Phase 1-B. f) The County will review and approve of any proposed change orders, inspect and participate in the Walk -Through at Final Inspection, and provide written concurrence of the City's acceptance of the Work. g) The City will ensure the contract documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. h) The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. 2. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 2 of 4 3. All other terms of the Agreement remain the same and are herein incorporated in their entirety by reference. IN WITNESS HEREOF, the City and County have made and executed this Amendment No. 1 to the Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS Mark Van Vleck, Date Samuel L. Neal, Jr. Date Assistant City Manager County Judge ATTEST: Rebecca Huerta Date Kara Sands City Secretary County Clerk APPROVED AS TO FORM: Date Assistant City Attorney Date County Attorney Date Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 3 of 4 Exhibit A -1-B ("Phase 1-B") The following work will be completed on all those portions of CR52 between US77 and CR69 where full pavement exists: 1 Street Mobilization 2 Street Glassgrid 18,429 SY 3 Street Ultra -Fuse Tack Coat 2,765 GAL 4 Street 2"-3" H.M.A.C. Pavement (Type D)(Surface Course) 2,750 TON 5 Street Full Depth Repair 3,750 SY 6 Street Reflective Pavement Marking Type I (W)(4")(SLD) 8,620 LF 7 Street Reflective Pavement Marking Type I (W)(8")(SLD) 282 LF 8 Street Reflective Pavement Marking Type I (W)(24")(SLD)(STOP LINE) 26 LF 9 Street Reflective Pavement Marking Type I (Y)(4")(SLD) 7,710 LF 10 Street Reflective Pavement Marking Type I (Y)(4")(SLD)(dbl) 512 LF 11 Street Reflective Pavement Marking Type I (Y)(4")(BRK) 2,117 LF 12 Street Reflective Pavement Marking Type I (W)(ARROW) 4 EA 13 Street Reflective Pavement Marking Type I (W)(ONLY) 4 EA 14 Street Type II -A -A Raised Pavement Marker (Reflectorized) 245 EA 15 Street Type II -C-R Raised Pavement Marker (Reflectorized) 16 EA 16 Street Traffic Control 1 LS 17 Street Allowance for unanticipated Additional Repairs, Traffic Controls, etc. (if authorized) 1 LS Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 4 of 4 CHANGE ORDER NO.: 2 Citywide Street Overlay and Sealcoat IDIQ Program Year 2 Work Specific to CR 52 from CR 69 to Highway 77 PROJECT: City of Corpus Christi Engineering Services Change Order CONTRACTOR: HAC ENGINEER: CHANGE ORDER DATE: 5/27/2016 PROJECT NUMBER: E14021 CONTRACT TIME: 365 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street 2 Street 3 Street 4 Street 5 Street 6 Street 7 Street 8 Street 9 Street 10 Street 11 Street 12 Street 13 Street 14 Street 15 Street 16 Street 17 Street 18 Street Mobilization, complete in place, Glassgrid, complete in place Ultra -Fuse Tack Coat 2"-3" H.M.A.C. Pavement (Type D)(Surface Course), complete in place Full Depth Repair, complete in place Ozone Day Reflective Pavement Marking Type I (W)(4")(SLD), complete in place Reflective Pavement Marking Type I (W)(8")(SLD), complete in place Reflective Pavement Marking Type 1(W)(24")(SLD)(STOP LINE), complete in place Reflective Pavement Marking Type I (Y)(4")(SLD), complete in place Reflective Pavement Marking Type 1 (Y)(4")(SLD)dbl), complete in place Reflective Pavement Marking Type I (Y)(4")(BRK), complete in place Reflective Pavement Marking Type 1(W)(ARROW), complete in place Reflective Pavement Marking Type I (W)(ONLY), complete in place Type II -A -A Raised Pavement Marker (Reflectorized), complete in place Type II -C-R Raised Pavement Marker (Reflectorized), complete in place Traffic Control, complete in place Allowance for unanticipated Additional Repairs, Traffic Controls, etc. (if authorized) Why was this Change necessary: 1 LS @ $40,700 18,429 SY @ $6.65/SY 18,429 SY @ $2.85/SY 2,600 TON @ $92.00/TON 3,500 SY @ $43.40/SY 2 DAY @ $3,000/DAY 8,620 LF @ $0.55/LF 282 LF@$I.15/LF 26 LF @ $19/LF 7,710 LF @ $0.60/LF 512 LF@S1.15/LF 2,117 LF @ $0.60/LF 4 EA @ $253/EA 4EA@$380/EA 245 EAG $6/EA 16 EA@$6/EA 1 LS @ $5,000 $40,700.00 $122,552.85 $52,522.65 $239,200.00 $151,90.00 $6,000.00 $4,741.00 $324.30 $494.00 $4,626.00 $588.80 $1,270.20 $1,012.00 $1,520.00 $1,470.00 $96.00 $5,000.00 1 LS @ $15,000 $15,000.00 Net Total of This Change Order $ 649,017.80 The original contract provided for 4" HMAC; however, staff directed deferral of final 2" HMAC. This change order completes the final 2" plus additional repairs and cracking caused by delay of complete HMAC sections. How can similar changes be avoided in the future? Future projects should be constructed fully at completion of project, The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time 9,975,000.00 95,009.95 649,017.80 10,719,027.75 7.46% 1 0 CD 30 CD 395 CD Recommended by [CONSULTING F1RM) By N/A Date Approved by [CONTRACTOR[ By 8-- a--1 Date 9Recommended b AA \9. Recommended by: Recommended by: Recommended by: ITY OF C Philip L. k, P.E. Date Acting Construction Engineer Jefferey Edmonds, P.E. Director of Engineering Services Date Eddie Houlihan Budget and Finance Date US CHRISTI Approved by: Approved by: Approved by: Janet Kellogg Date Margie C. Rose Date City Attorney Acting City Manager Valerie H. Gray, P.E. Executive Director of Public Works Mark Van Vleck, Assistant City Manager Date Date DEPARTMENT APPROVALS: Operating Department (Street) 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: 2016-64786 Date Filed: 06/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas -Anderson Construction, Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14021 Citywide Street Overlay IDIQ Program Year 2 Work Specific to CR 52 from CR 69 to Highway 77 Change Order No. 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Moore, Randall Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the Vitt above disclosure is true and correct. LEE ANN CAVEn MTN "9► N NOTARY PUBLIC F,r 12-18-2017 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the j (.j , to certify which, witness my Signature of authorized agent of contracting business entity said 1 :' t, ,,..,i ( ,.,, 114 ,) , this the a-4 day of \, ,A. , t_ , hand and seal of office. , • if g �t•'tLAl . ~ i......,-,„„-.. Si nature of officer oath Printed name of officer oath Title of officer 9administering administering administeJing oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: June 1, 2016 TO: Margie C. Rose, Acting City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for the Issuance of Utility System Revenue Refunding Bonds CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016" in an amount not to exceed $84,735,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding utility system revenue obligations; stipulating the terms and conditions for the issuance of additional Revenue Bonds on a parity therewith; 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, an escrow agreement, and a purchase contract; complying with the requirements imposed by the letter of representations previously executed 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 Utility System Revenue Bonds for savings. BACKGROUND AND FINDINGS: The City plans on refunding any callable, outstanding Utility System Revenue Bonds for savings. This currently equates to $84,735,000. If all eligible outstanding bonds are refunded at today's interest rate, a net present value savings of approximately $13.1 million or 16.65% would be realized. The actual amount to be refunded, 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, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services - including any person serving in any of the foregoing capacities on an interim or non -permanent basis (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 $84,735,000 and (2) none of the bonds shall bear interest at a rate greater than 6% per year. The $84,735,000 represents the principal amount of all Utility System Revenue 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 - $ 84,735,000 - $ 84,735,000 BALANCE - $ 84,735,000 - $ 84,735,000 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 ORDINANCE NO. DRAFT 5/30/16 AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016" IN AN AMOUNT NOT TO EXCEED $84,735,000; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF BY A JUNIOR AND INFERIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY'S UTILITY SYSTEM ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING UTILITY SYSTEM REVENUE OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; 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, AN ESCROW AGREEMENT, AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED 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, and there are currently Outstanding, revenue bonds (the Previously Issued Priority Bonds) secured by a first and prior lien on and pledge of the Net Revenues (as hereinafter defined) of the City's combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Priority Bonds, the City reserved the right to issue revenue bonds on parity with the Priority Bonds (as hereinafter defined); and WHEREAS, the City Council has heretofore issued, and there are currently outstanding revenue bonds (the Previously Issued Junior Lien Obligations) secured by a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds; and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Junior Lien Obligations, the City reserved the right to issue revenue bonds on a parity with the Junior Lien Obligations (as hereinafter defined) from time to time outstanding; and 27280786.2 WHEREAS, the City Council has heretofore issued, and there are currently outstanding, obligations supported by a lien on and pledge of the Net Revenues of the System that are inferior to the lien thereon and pledge thereof securing the Priority Bonds and the Junior Lien Obligations but superior to the lien thereon and pledge thereof securing the hereinafter -defined Previously Issued Inferior Lien Obligations (the Previously Issued Subordinate Lien obligations); and WHEREAS, the City Council has heretofore entered into a certain Federal Contract (as hereinafter defined) supported by a lien on and pledge of the Net Revenues of the System inferior to the lien thereon and pledge thereof securing the Priority Bonds, the Junior Lien Obligations, and the Previously Issued Subordinate Lien Obligations (such Federal Contract, the Previously Issued Inferior Lien Obligations); and WHEREAS, the City Council has determined for the purpose of improving the credit quality of its Junior Lien Obligations, which has become its primary lien for issuing System debt, that it will no longer issue obligations secured by a first and prior lien on and pledge of the Net Revenues of the System referred to herein as "Priority Bonds", on parity with the lien thereon and pledge thereof securing the Previously Issued Priority Bonds, for new money purposes and, at such time as no Priority Bonds remain outstanding, all System revenue obligations now subordinate and inferior to the Priority Bonds in priority of lien on and pledge of Net Revenues shall be elevated in kind in priority of lien and payment so that when there are no longer any Priority Bonds outstanding, the Junior Lien Obligations (defined herein) will enjoy a first and prior lien on and pledge of the Net Revenues of the System; and WHEREAS, there are currently outstanding obligations in the aggregate principal amount of at least $50,570,000, being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code, as amended (Chapter 1207), the City Council is authorized to issue revenue 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, Chapter 1207 requires that the deposit of the proceeds from the sale of the revenue refunding bonds be deposited directly with any designated escrow agent for the Refunded Obligations that is not the depository bank of the City; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, which is not a depository bank of the City, is appointed and will serve as the Paying Agent/Registrar (hereinafter defined) and Escrow Agent (hereinafter defined) for the revenue 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 Bonds herein authorized and such refunding will result in a net present 27280786.2 -2- value saving of approximately $ ( %) to the City and a gross savings of $ , including the cash contribution of $ WHEREAS, the revenue refunding bonds hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including the Act (defined herein), and the terms of this Ordinance (as hereinafter defined), for the purposes set forth in this Ordinance; and now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Authorization - Designation - Principal Amount - Purpose. Revenue refunding bonds of the City 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 UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 (the Bonds), pursuant to this ordinance adopted by the City Council (the Ordinance) for the purpose of (i) discharging and making final payment of the Refunded Obligations, and (ii) paying the costs of issuance relating thereto. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, including, particularly, Chapter 1207 and Chapter 1371, as amended, Texas Government Code (Chapter 1371 and, together with Chapter 1207, the Act). As authorized by the Act, 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 the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds (referenced to and defined herein as the Purchasers), the redemption provisions therefor, the rate of interest to be borne on the principal amount of each such maturity, the identification of an underwriter or underwriting syndicate for the Bonds, and selection from the Refunding Candidates (defined herein) of the Refunded Obligations to be refunded from the proceeds of the Bonds. Each Authorized Official, acting for and on behalf of the City, is authorized to execute the Approval Certificate (defined herein) attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $84,735,000; the maximum maturity of the Bonds will be July 15, 2039, the refunding will result in a net present value savings of at least 3.00%, and the true interest rate (federal arbitrage yield) shall not exceed a rate greater than 6.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Official is authorized to select the bond insurer and/or debt service reserve fund surety provider, if any, with respect to the Bonds. If the Authorized Official chooses to purchase a debt service reserve surety policy or similar credit facility relating to the Bonds, then the Authorized Official shall be permitted to execute an insurance or similar reimbursement agreement in substantially the form attached hereto as 27280786.2 -3- Exhibit F (which form is hereby approved) in connection with such purchase. The execution of an Approval Certificate relating to the Bonds issued hereunder shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, no Bonds shall be delivered unless prior to their initial delivery unless 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 the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds are issuable in fully registered form only; shall be dated July 1, 2016 (the Dated Date); shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R-" and numbered consecutively from One (1) upward and principal shall become due and payable on July 15 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or the most recent Interest Payment Date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rates per annum in accordance with the following schedule: Years of Stated Maturity Principal Interest (July 15) Amounts ($) Rates (%) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 27280786.2 -4- SECTION 3: Payment of Bonds - Interest Payments - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable 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 and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above in Section 2, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017, while the Bonds are Outstanding. 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, in substantially final form, as Exhibit A hereto, 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 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 new Paying Agent/Registrar. Both 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 (defined herein) for purposes of payment of interest thereon and (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon prior redemption of the Bonds. The City and the 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 27280786.2 -5- the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent 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, 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 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. Optional Redemption. The Bonds having Stated Maturities on and after July 15, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 20 , or any date thereafter, as a 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. B. 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 City Council. C. 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. 27280786.2 -6- D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, 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 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. 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 said 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. 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). E. Transfer/Exchange. 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, its seal reproduced or impressed thereon, and attested by the City Secretary. The signature of either officer 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 (defined herein), 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 27280786.2 -7- 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. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. 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 City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination 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 the same series and 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, the Bonds, 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 27280786.2 -8- and delivered pursuant to Section 27 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 single fully -registered Bond in the total principal amount of $ with principal 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 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 initial purchasers or the designee thereof. The Initial Bond shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchasers. Any time after the delivery of the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial 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 the Comptroller of Public Accounts of the State of Texas, the 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 any reproduction of an opinion of 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, or 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. 27280786.2 [The remainder of this page intentionally left blank] -9- B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 Dated Date: July 1, 2016 REGISTERED OWNER: Interest Rate: Stated Maturity: CUSIP NO: PRINCIPAL AMOUNT: DOLLARS 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, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption), and to pay interest on the unpaid Principal Amount hereof 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, at the per annum rate of interest specified above computed on the basis of a 360 -day year of 30 -day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017. Principal and premium, if any, of the Bond shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. 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 last business day of the month next preceding each interest payment date. All payments of principal of 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 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. 27280786.2 -10- 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 (the Ordinance), for the purpose of (i) discharging and making final payment of the Refunded Obligations, and (ii) paying the costs of issuance relating thereto, all in conformity with the laws of the State of Texas, particularly the City's Home Rule Charter and the Act, and the Ordinance. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds stated to mature on and after July 15, 20 may be redeemed prior to their Stated Maturities, at the option of the City, on July 15, 20 or on any date, 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 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 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 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. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the corporate trust office of the Paying Agent/Registrar and, there shall be issued to the registered owner hereof, without charge, a new Bond or Bonds of like 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 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 special obligations of the City, issued as Junior Lien Obligations, payable from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues, being (primarily) a lien on and pledge of the Net Revenues derived from 27280786.2 -11- the operation of the City's utility system (as further described in the Ordinance, the System), that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations without limitation as to principal amount but subject to any terms, conditions, or restrictions set forth in the Ordinance or as may be applicable thereto under law or otherwise. The Bonds do not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the City or System, except with respect to the Junior Lien Pledged Revenues. The Holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. 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 and nature of the Junior Lien Pledged Revenues pledged for the payment of the Bonds; the terms and conditions under which the City may issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations; the terms and conditions relating to the transfer or exchange of the Bonds; 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 the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender 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 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 - 27280786.2 -12- 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 the issuance of this Bond in order to render the same a legal, valid, and binding special obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of and lien on the Junior Lien Pledged Revenues. 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. 27280786.2 [The remainder of this page intentionally left blank] -13- IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of the City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City has been duly affixed to, printed, lithographed or impressed on this Bond. CITY OF CORPUS CHRISTI, TEXAS ATTEST: City Secretary (SEAL) 27280786.2 Mayor [The remainder of this page intentionally left blank.] -14- 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) * Bond to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. 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: * Bond to Printer: to appear on printed Bonds 27280786.2 -15- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas as Paying Agent/Registrar By: Authorized Signature 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: 27280786.2 [The remainder of this page intentionally left blank] -16- F. Form of 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: (1) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (2) the first two paragraphs shall read as follows: REGISTERED OWNER: PRINCIPAL AMOUNT: 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, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof 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, at the per annum rate of interest specified above computed on the basis of a 360 -day year of 30 -day months; such interest being payable on January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, 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 last business day of the month next preceding each interest payment date. All payments of principal of 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, and at the risk and expense of, the Holder hereof. 27280786.2 -17- G. Insurance Legend. If bond insurance is obtained by the Purchasers or the City for the Bonds, 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 32 and 46 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 Accountant shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. B. The term Additional Inferior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, which pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that is or will be pledged to the payment of the Priority Bonds, that is included in Junior Lien Pledged Revenues, that is or will be pledged to the payment of the Subordinate Lien Obligations, and that is on parity with the lien on and pledge of the Net Revenues securing the payment of the then -Outstanding Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. C. The term Additional Junior Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Junior Lien Pledged Revenues, such pledge to include a pledge of Net Revenues that is junior and inferior to the lien on and pledge of the Net Revenues that are or will be pledged to the payment of the Priority Bonds now Outstanding or hereafter issued by the City but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Subordinate Lien Obligations and the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, as determined by the City Council in accordance with applicable law. D. The term Additional Priority Bonds shall mean any obligations hereafter issued to refund any of the Previously Issued Priority Bonds if issued in a manner so as to be payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law and under the terms and conditions provided in Section 19 of this Ordinance. 27280786.2 -18- E. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a lien and pledge of the Net Revenues, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues that is or will be pledged to the payment of the Priority Bonds or that is included in Junior Lien Pledged Revenues, but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then - Outstanding Subordinate Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. F. The term Approval Certificate shall mean a written instrument from time to time executed by an Authorized Official in accordance with Section 1 of this Ordinance. G. The term Authorized Official shall mean the City Manager of the City, the Deputy City Manager of the City, the Assistant City Manager for General Government and Operations Support of the City, and the City's Director of Financial Services (which shall include any person serving in any of the foregoing capacities on an interim or non -permanent basis). H. The term Average Annual Debt Service Requirements shall mean that average amount which, at the time of computation, will be required to pay the Debt Service Requirements of obligations when due and derived by dividing the total of such Debt Service Requirements by the number of years then remaining before final Stated Maturity. The calculation of Average Annual Debt Service Requirements shall be net of (1) capitalized interest from bond proceeds and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. I. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016", dated July 1, 2016, authorized by this Ordinance. J. The term Bond Fund shall mean the special Fund or account created and established by the provisions of Section 13 of this Ordinance. K. The term Capital Additions shall mean a reservoir or other water storage facilities, a water or wastewater treatment plant or an interest therein, an electric generation facility and/or distribution system or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. L. The term Capital Improvements shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. 27280786.2 -19- M. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. N. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 0. The term Credit Agreement shall mean a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase Debt, purchase or sale agreements, interest rate swap agreements, or commitments or other contracts or agreements authorized, recognized, and approved by the City as a Credit Agreement in connection with the authorization, issuance, security, or payment of any obligation authorized by Chapter 1371, and which includes any Credit Facility. P. The term Credit Facility shall mean (i) a policy of insurance or a surety bond, issued by an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, or (ii) a letter or line of credit issued by any financial institution. Q. The term Credit Provider shall mean any bank, financial institution, insurance company, surety bond provider, or other institution which provides, executes, issues, or otherwise is a party to or provider of a Credit Agreement or Credit Facility. R. The term Debt shall mean (1) all indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues incurred or assumed by the City for borrowed money (including indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues arising under Credit Agreements) and all other financing obligations of the System payable from Net Revenues and/or Junior Lien Pledged Revenues that, in accordance with generally accepted accounting principles, are shown on the liability side of a balance sheet; and (2) all other indebtedness payable from Junior Lien Pledged Revenues and/or Net Revenues (other than indebtedness otherwise treated as Debt hereunder) for borrowed money or for the acquisition, construction, or improvement of property or capitalized lease obligations pertaining to the System that is guaranteed, directly or indirectly, in any manner by the City, or that is in effect guaranteed, directly or indirectly, by the City through an agreement, contingent or otherwise, to purchase any such indebtedness or to advance or supply funds for the payment or purchase of any such indebtedness or to purchase property or services primarily for the purpose of enabling the debtor or seller to make payment of such indebtedness, or to assure the owner of the indebtedness against loss, or to supply funds to or in any other manner invest in the debtor (including any agreement to pay for property or services irrespective of whether or not such property is delivered or such services are rendered), or otherwise. For the purpose of determining Debt, there shall be excluded any particular Debt if, upon or prior to the maturity thereof, there shall have been deposited with the proper depository (a) in trust the necessary funds (or investments that will provide sufficient funds, if permitted by the instrument creating such Debt) for the payment, redemption, or satisfaction of such Debt or (b) 27280786.2 -20- evidence of such Debt deposited for cancellation; and thereafter it shall not be considered Debt. No item shall be considered Debt unless such item constitutes indebtedness under generally accepted accounting principles applied on a basis consistent with the financial statements of the System in prior Fiscal Years. S. 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 calculated by assuming (i) that the interest rate for every 12 -month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the "Revenue Bond Index" or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that, in the case of bonds not subject to fixed scheduled mandatory sinking fund redemptions, that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds or in the manner permitted under Section 1371.057(c), as amended, Texas Government Code as the same relates to interim or non—permanent indebtedness, and in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity according to a fixed schedule, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto (in each case notwithstanding any contingent obligation to redeem bonds more rapidly). For the term of any Credit Agreement in the form of an interest rate hedge agreement entered into in connection with any such obligations, Debt Service Requirements shall be computed by netting the amounts payable to the City under such hedge agreement from the amounts payable by the City under such hedge agreement and such obligations. T. The term Depository shall mean an official depository bank of the City. U. The term Engineer shall mean an individual, firm, or corporation engaged in the engineering profession, being a registered professional engineer under the laws of the State of Texas, having specific experience with respect to a combined municipal utility system similar to the System and such individual, firm, or corporation may be employed by, or may be an employee of, the City. V. The term Federal Contract shall mean Contract No. 6-07-01-X0675 entered into by an among the United States of America, the City and the Nueces River Authority, dated June 30, 1976, and amended on June 16, 1980, with respect to the Nueces River Reclamation Project, pursuant to which the City has pledged the revenues of its waterworks system in support of the payment obligations of the City under the Federal Contract, subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of the Priority Bonds, the lien thereon and pledge thereof securing the payment of the Junior Lien Obligations, as a result of such Net Revenues being included as Junior Lien Pledged Revenues, and the lien thereon and pledge thereof securing the payment of the Subordinate Lien Obligations. 27280786.2 -21- W. The term Fiscal Year shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City, presently being that period commencing on October 1 of each year and ending on the following September 30. X. 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; and (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. Y. The term Gross Revenues shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. Z. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. AA. The term Inferior Lien Obligations shall mean (i) the Previously Issued Inferior Lien Obligations, (ii) any Additional Inferior Lien Obligations, and (iii) any obligations issued to refund the foregoing payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. BB. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being January 15 and July 15 of each year, commencing January 15, 2017, while any of the Bonds remain Outstanding. CC. The term Junior Lien Obligations shall mean (i) the Previously Issued Junior Lien Obligations, (ii) any Additional Junior Lien Obligations, and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations, as determined by the City Council in accordance with applicable law. 27280786.2 -22- DD. The term Junior Lien Pledged Revenues means (1) the Net Revenues that remain after payment of all amounts, and funding of all funds, relating to any Priority Bonds, plus (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged by the City to the payment of the Bonds, and at the City's discretion, any Additional Junior Lien Obligations, and excluding those revenues excluded from Gross Revenues. EE. The term Net Revenues shall mean all Gross Revenues less Operating Expenses. FF. The term Operating Expenses shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, Inferior Lien Obligations, or other Debt of the System. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto, and, to the extent permitted by a change in law (and receipt of an opinion as to legality from a firm of nationally recognized bond counsel), Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Operating Expenses shall never include any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Bonds or any Debt. GG. The term Ordinance shall mean this Ordinance adopted by the City Council on June 21, 2016 authorizing the issuance of the Bonds. HH. The term Outstanding shall mean when used in this Ordinance with respect to all Debt means, as of the date of determination, all Debt except: (1) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations for which payment has been duly provided by the City in accordance with the provisions of Section 34 of this Ordinance; and (3) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 27 of this Ordinance. II. The term Paying Agent/Registrar shall mean the financial institution specified in Section 3 of this Ordinance, or its herein -permitted successors and assigns. 27280786.2 -23- JJ. The term Previously Issued Inferior Lien Obligations shall mean the Federal Contract. KK. The term Previously Issued Junior Lien Obligations shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues which includes a lien on and pledge of Net Revenues of the System that is junior and inferior to the lien thereon and pledge thereof securing the Priority Bonds but superior to the lien thereon and pledge thereof securing the Subordinate Lien Obligations and Inferior Lien Obligations, identified as follows: (1) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2012", dated November 15, 2012, in the original principal amount of $69,085,000; (2) "City of Corpus Christi, Texas Utility System Junior Lien Revenue and Refunding Bonds, Series 2012", dated November 15, 2012, in the original principal amount of $155,660,000; (3) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2013", dated November 1, 2013, in the original principal amount of $97,930,000; (4) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015A", dated March 1, 2015, in the original principal amount of $93,600,000; (5) "City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds, Series 2015B", dated March 1, 2015, in the original principal amount of $49,585,000; and (6) Upon issuance, the Bonds. LL. The term Previously Issued Priority Bonds shall mean, as of the Closing Date (i) the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System, identified as follows: (1) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005", dated January 1, 2005, in the original principal amount of $70,390,000; (2) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000; (3) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010", dated March 1, 2010, in the original principal amount of $8,000,000; 27280786.2 -24- (4) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy -Build America Bonds)", dated July 1, 2010, in the original principal amount of $60,625,000; (5) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A", dated July 1, 2010, in the original principal amount of $14,375,000; and (6) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2012", dated April 1, 2012, in the original principal amount of $52,500,000. MM. The term Previously Issued Subordinate Lien Obligations shall mean the Series 2007 Certificates of Obligation. NN. The term Priority Bonds shall mean the Previously Issued Priority Bonds, any Additional Priority Bonds hereafter issued to refund any of the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System, as determined by the City Council in accordance with any applicable law. 00. The term Prudent Utility Practice shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term "Prudent Utility Practice", as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. PP. The term Purchasers shall mean the initial purchaser or purchasers of the Bonds named in Section 28 of this Ordinance. QQ. The term Refunding Candidates shall mean the following obligations of the City from which the Refunded Obligations are selected by an Authorized Official: (1) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003", dated May 15, 2003, in the original principal amount of 28,870,000 and maturing on July 15, 2015 in the aggregate principal amount of $3,415,000; (2) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005", dated January 1, 2005, in the original principal amount of $70,390,000 and maturing on July 15 in each of the years 2018 through 2020 in the aggregate principal amount of $27,520,000; 27280786.2 -25- (3) "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006", dated October 1, 2006, in the original principal amount of $84,415,000 and maturing on July 15 in each of the years 2017 through 2026 in the aggregate principal amount of $54,290,000; and (4) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000 and maturing on July 15 in each of the years 2019 through 2027, July 15, 2029, July 15, 2033, and July 15, 2039 in the aggregate principal amount of $81,015,000. RR. The term Required Reserve Amount shall have the meaning given such term in Section 14 of this Ordinance. SS. The term Reserve Fund shall have the meaning given such term in Section 14 of this Ordinance. TT. The term Reserve Fund Deposits shall have the meaning given such term in Section 14 of this Ordinance. UU. The term Series 2007 Certificates of Obligation shall mean the City's "Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007", dated March 1, 2007, in the original principal amount of $6,985,000, being the only series of Subordinate Lien Obligations currently Outstanding. VV. The term Special Project shall mean, to the extent permitted by law, any water, sewer, wastewater reuse, or municipal drainage system property, improvement, or facility declared by the City, upon the recommendation of the City Council, not to be part of the System, for which the costs of acquisition, construction, and installation are paid from proceeds of Special Project Bonds (as hereinafter defined) being a financing transaction other than the issuance of bonds payable from ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, and for which all maintenance and operation expenses are payable from sources other than ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction, and installation under such Special Project Bonds. WW. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on July 15 of each year, as set forth in Section 2 of this Ordinance. XX. The term Subordinate Lien Obligations shall mean (i) the Previously Issued Subordinate Lien Obligations, (ii) any Additional Subordinate Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the payment of the Priority Bonds and the Junior Lien Obligations but superior to the lien thereon and pledge thereof securing the payment of the Inferior Lien Obligations, as determined by the City Council in accordance with any applicable law. 27280786.2 -26- YY. The term System shall mean and include, whether now existing or hereinafter added (including additions made from time to time in accordance with the provisions of the City ordinances authorizing the issuance of the Outstanding Priority Bonds), the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City to be a Special Project and not a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of Special Project Bonds, which are hereby defined as being special revenue obligations of the City which are not secured by or payable from all or part of the Net Revenues and/or Junior Lien Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such Special Project Bonds. ZZ. The term System Fund shall have the meaning given such term in Section 12 of this Ordinance. SECTION 10: Pledge of Junior Lien Pledged Revenues. A. The City hereby covenants and agrees that the Junior Lien Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Junior Lien Obligations, including the establishment and maintenance of the special funds or accounts created for the payment and security thereof, all as hereinafter provided; and it is hereby resolved that the Junior Lien Obligations, and the interest thereon, shall constitute a lien on and pledge of the Junior Lien Pledged Revenues and be valid and binding without any physical delivery thereof or further act by the City, and the lien created hereby on the Junior Lien Pledged Revenues for the payment and security of the Junior Lien Obligations, shall be, subject to the subordinate lien nature of the Junior Lien Pledged Revenues as herein described otherwise, prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. The Junior Lien Obligations are and will be secured by and payable only from the Junior Lien Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties whether real, personal, or mixed, constituting the System. B. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of Junior Lien Pledged Revenues granted by the City under subsection A of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Junior Lien Obligations are Outstanding and unpaid such that the pledge of the Junior Lien Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Junior Lien Obligations the perfection of the security interest in this 27280786.2 -27- pledge, the City Council agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur. SECTION 11: Rates and Charges. For the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Junior Lien Obligations are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: A. To pay all Operating Expenses, or any expenses required by statute to be a first claim on and charge against the Gross Revenues of the System. B. To produce Net Revenues, together with any other lawfully available funds, sufficient to satisfy the rate covenant contained in the ordinances authorizing the issuance of the Priority Bonds and to pay the principal of and interest on the Priority Bonds and the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Priority Bonds, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a prior and first lien on an pledge of the Net Revenues of the System; C. To produce Net Revenues, together with any other lawfully available funds, equal to at least 1.15 times Average Annual Debt Service Requirements on the then -Outstanding Junior Lien Obligations and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Junior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues, including the Junior Lien Pledged Revenues, that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations; D. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the amounts that may be deposited in the special funds established for the payment of the Subordinate Lien Obligations; E. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the principal of and interest on the Inferior Lien Obligations as the same become due and payable and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Inferior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, the Junior Lien Obligations, and the Subordinate Lien Obligations; and 27280786.2 -28- F. To pay, together with any other lawfully available funds, any other legally incurred Debt payable from the Net Revenues of the System and/or secured by a lien on any part of the System. The determination of the amount of principal of and interest on any obligations identified in this Section for the purpose of confirming the sufficiency of System rates and charges shall be made after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of obligations irrevocably designated as refundable tax credit bonds pursuant to the City ordinance authorizing their issuance or otherwise relating thereto. SECTION 12: System Fund. The City hereby covenants, agrees, and ratifies its prior covenants and agreements that the Gross Revenues of the System shall be deposited, as collected and received, into a separate Fund or account (previously created and established and to be maintained with the Depository) known as the "City of Corpus Christi, Texas Utility System Revenue Fund" (the System Fund and that the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All Gross Revenues deposited into the System Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: A. First: To the payment of all necessary and reasonable Operating Expenses or other expenses required by statute to be a first charge on and claim against the revenues of the System. B. Second: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Priority Bonds and any Additional Priority Bonds hereafter issued by the City. C. Third: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Junior Lien Obligations and any Additional Junior Lien Obligations hereafter issued by the City. D. Fourth: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. E. Fifth: To the payment of the amounts that must be deposited in any special funds and accounts created and established for the payment, security, and benefit of the Previously Issued Inferior Lien Obligations and any Additional Inferior Lien Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, and for any other lawful purpose; provided, however, that for so long as any Priority Bonds remain Outstanding, transfers made for purposes other than for payment of obligations of the System shall be made only at the end of the Fiscal Year (if such limitation is imposed, and then, only to the extent imposed in the City ordinances authorizing the issuance of the Priority Bonds). 27280786.2 -29- SECTION 13: Bond Fund - Excess Funds. For purposes of providing funds to pay the principal of and interest on the currently Outstanding Junior Lien Obligations as the same become due and payable, the City agrees to maintain, at the Depository, a separate and special Fund or account to be created and known as the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds Interest and Sinking Fund" (the Bond Fund). The City covenants that there shall be deposited by an Authorized Official into the Bond Fund prior to each principal and interest payment date from the available Net Revenues an amount equal to one hundred per cent (100%) of the amount required to fully pay the interest on and the principal of the currently Outstanding Junior Lien Obligations then falling due and payable, such deposits to pay maturing principal and accrued interest on the currently Outstanding Junior Lien Obligations to be made in substantially equal monthly installments on or before the 10th day of each month, beginning on or before the 10t1i day of the month next following the delivery of the Bonds to the Purchasers. As described further in Section 15 hereof, if the Junior Lien Pledged Revenues in any month are insufficient to make the required payments into the Bond Fund, then the amount of any deficiency in such payment shall be added to the amount otherwise required to be paid into the Bond Fund in the next month. The required monthly deposits to the Bond Fund for the payment of principal of and interest on the currently Outstanding Junior Lien Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Bond Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Outstanding Junior Lien Obligations (principal and interest) or (ii) the Junior Lien Obligations are no longer Outstanding. Any proceeds of the Bonds, and investment income thereon, not expended for authorized purposes shall be deposited into the Bond Fund and shall be taken into consideration and reduce the amount of monthly deposits required to be deposited into the Bond Fund from the Net Revenues of the System. 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 sums otherwise required to be deposited in such Fund from the Junior Lien Pledged Revenues. SECTION 14: Reserve Fund. To accumulate and maintain a reserve for the payment of the Bonds equal to 100% of the Average Annual Debt Service Requirements or such lesser amount as restricted by the Code (calculated by the City Council at the beginning of each Fiscal Year and as of the date of issuance of the Bonds and each series of Additional Junior Lien Obligations) for the Bonds (the Required Reserve Amount), the City hereby creates and establishes, and shall maintain at a Depository a separate and special fund known as the "Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds Reserve Fund" (the Reserve Fund). Earnings and income derived from the investment of amounts held for the credit of the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Fund. All funds deposited into the Reserve Fund shall be used solely for the payment of the principal of and interest on the Bonds, when and to the extent other funds available for such 27280786.2 -30- purposes are insufficient, and, in addition, may be used to retire the last Stated Maturity or Stated Maturities of or interest on the Bonds. The City may acquire a Credit Facility or Facilities issued by a Credit Provider in amounts equal to all or part of the Required Reserve Amount for the Bonds in lieu of depositing cash into the Reserve Fund; provided, however, that no such Credit Facility may be so substituted unless the substitution of the Credit Facility will not, in and of itself, cause any ratings then assigned to the Bonds by any nationally recognized rating agency to be lowered and the resolution authorizing the substitution of the Credit Facility for all or part of the Required Reserve Amount for the Bonds contains (i) a finding that such substitution is cost effective and (ii) a provision that the interest due on any repayment obligation of the City by reason of payments made under such Credit Facility does not exceed the highest lawful rate of interest which may be paid by the City at the time of the delivery of the Credit Facility. The City reserves the right to use Junior Lien Pledged Revenues to fund the payment of (1) periodic premiums on the Credit Facility as a part of the payment of the City's Operating Expenses, and (2) any repayment obligation incurred by the City (including interest) to the Credit Provider, the payment of which will result in the reinstatement of such Credit Facility, prior to making payments required to be made to the Reserve Fund pursuant to the provisions of this Section to restore the balance in such fund the Required Reserve Amount for the Bonds. Until the issuance of any Additional Junior Lien Obligations (or as from time to time recalculated by the City as provided in the first paragraph of this Section), the Required Reserve Amount is $ (inclusive of the Bonds). Of this amount, $ , representing the portion of the Required Reserve Amount attributable to the Bonds, shall be deposited to the Reserve Fund at such time as may be required pursuant to the provisions of this Section from Revenues, paid from the System Fund at such level of priority as specified in Section 12, by the deposit of monthly installments, made on or before the 10t1i day of each month following the month in which such obligation to fund the Reserve Fund arises, of not less than 1/60th of the amount to be maintained in the Reserve Fund. As and when Additional Junior Lien Obligations are delivered or incurred, the Required Reserve Amount shall be increased, if required, to an amount calculated in the manner provided in the first paragraph of this Section. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit of all or a portion of the necessary amount from the proceeds of the issue or other lawfully available funds in the Reserve Fund immediately after the delivery of the then proposed Additional Junior Lien Obligations, or, at the option of the City, by the deposit of monthly installments, made on or before the business day before the 10th day of each month following the month of delivery of the then proposed Additional Junior Lien Obligations, of not less than 1/60th of the additional amount to be maintained in the Reserve Fund by reason of the issuance of the Additional Junior Lien Obligations then being issued (or 1/60th of the balance of the additional amount not deposited immediately in cash) (such deposits, the Required Reserve Fund Deposits), thereby ensuring the accumulation in the Reserve Fund of the appropriate Required Reserve Amount. When and for so long as the cash and investments in the Reserve Fund equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve Amount (other 27280786.2 -31- than as the result of the issuance of Additional Junior Lien Obligations as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve Amount by resuming the Required Reserve Fund Deposits to the Reserve Fund from the Junior Lien Pledged Revenues in monthly deposit amounts equal to not less than 1/60th of the Required Reserve Amount covenanted by the City to be maintained in the Reserve Fund. Any such deficiency payments shall be made on or before the 10th day of each month until the Required Reserve Amount has been fully restored. The City further covenants and agrees that, subject only to the prior payments to be made to the Bond Fund, the Junior Lien Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount and to cure any deficiency in such amounts as required by the terms of this Ordinance, any City ordinance authorizing the issuance of the Priority Bonds, and any other ordinance pertaining to the issuance of Additional Junior Lien Obligations. During such time as the Reserve Fund contains the Required Reserve Amount, the City Council may, at its option, withdraw all surplus funds in the Reserve Fund in excess of the Required Reserve Amount. Any such withdrawn surplus shall be deposited to the Bond Fund or used by the City for any other lawful purpose; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then -applicable State law. In the event a Credit Facility issued to satisfy all or a part of the City's obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the Required Reserve Amount for the Bonds, the City may transfer such excess amount to any fund or funds established for the payment of or security for the Bonds (including any escrow established for the final payment of any such obligations pursuant to the provisions of Chapter 1207), or be used for any lawful purposes; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then -applicable State law. Notwithstanding anything to the contrary contained in this Section, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve Amount shall be suspended for such time as the Junior Lien Pledged Revenues for each Fiscal Year are equal to at least 110% of the Average Annual Debt Service Requirements. In the event that the Junior Lien Pledged Revenues for any two consecutive Fiscal Years are less than 110% (unless such percentage is below 100% in any Fiscal Year, in which case the hereinafter—specified requirements will commence after such Fiscal Year) of the Average Annual Debt Service Requirements, the City will be required to commence making the deposits to the Reserve Fund, as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve Amount or (ii) the Junior Lien Pledged Revenues for a Fiscal Year have been equal to not less than 110% of the Average Annual Debt Service Requirements. SECTION 15: Deficiencies - Excess Junior Lien Pledged Revenues. A. If on any occasion there shall not be sufficient Junior Lien Pledged Revenues to make the required deposits into the Bond Fund, then such deficiency shall be cured as soon as possible from the next available unallocated Junior Lien Pledged Revenues, or from any other 27280786.2 -32- sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into these Funds or accounts during such month or months. B. Subject to making the required deposits to the Bond Fund when and as required by any ordinance or resolution authorizing the issuance of the currently Outstanding Priority Bonds, the Junior Lien Obligations, the Subordinate Lien Obligations and the Inferior Lien Obligations, the excess Net Revenues of the System may be used by the City for any lawful purpose (as further provided in Section 12 hereof). SECTION 16: Payment of Bonds. While any of the Bonds are Outstanding, an Authorized Official shall cause to be transferred to the Paying Agent/Registrar therefor, from funds on deposit in the Bond Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Bonds as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Bonds at the close of the business day next preceding the date a debt service payment is due on the Bonds. SECTION 17: Investments. Funds held in any Fund or account created, established, or maintained pursuant to this Ordinance shall, 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, or any other law, and secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, 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, 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 or account will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year. All interest and income derived from deposits and investments in the Bond Fund immediately shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 18: Covenants. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administering and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the City ordinances authorizing the issuance of the Priority Bonds now or hereafter Outstanding, and to the extent of any irreconcilable conflict between the provisions contained herein and in the City ordinances 27280786.2 -33- authorizing the issuance of the Priority Bonds now or hereafter Outstanding, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the Priority Bonds now or hereafter Outstanding; provided, however, that the provisions of this Ordinance concerning the issuance of Additional Priority Bonds shall control. It is expressly recognized that prior to the issuance of any Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, or Additional Inferior Lien Obligations, that the City must comply with each of the conditions precedent contained in this Ordinance and the City ordinances authorizing the issuance of the then -Outstanding Priority Bonds, as appropriate. A. Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Junior Lien Obligations; it will promptly pay or cause to be paid the principal amount of and interest on all Debt, on the dates and in the places and manner prescribed in such ordinances and such Debt; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Debt may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Debt, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. B. City's Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. C. Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. D. Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Junior Lien Obligations, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Junior Lien 27280786.2 -34- Pledged Revenues to the payment of the Junior Lien Obligations in the manner prescribed herein, and has lawfully exercised such rights. E. Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. F. No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Junior Lien Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. G. Further Encumbrance. It will not additionally encumber the Net Revenues of the System in any manner, except as permitted in the City ordinances authorizing the Previously Issued Priority Bonds and in this Ordinance (which provisions are also included in other City ordinances authorizing other series of Junior Lien Obligations). H. Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by an Engineer and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by an Engineer and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Fiscal Year with the provisions of Subsection K of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Debt, or (ii) otherwise be used to provide for the payment of Debt. The foregoing 27280786.2 -35- notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system having not been financed by the City in any manner with the proceeds of Debt, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Debt, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Debt under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by an Engineer and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. L Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Fiscal Year by the Accountant. J. Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self -insure against risks, accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with 27280786.2 -36- respect to the maintenance of insurance, and listing the areas of insurance for which the City is self-insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. K. Audits. After the close of each Fiscal Year while any Debt is Outstanding, an audit will be made of the books and accounts relating to the System and the Net Revenues by the Accountant. Such annual audit reports shall be open to the inspection of the registered owners of Debt and their agents and representatives at all reasonable times. L. Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. M. No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. N. Rights of Inspection. The Engineer or any registered owner of $100,000 in aggregate principal amount of the Debt then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to an Engineer or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as an Engineer or such registered owner may from time to time reasonably request. SECTION 19: Issuance of Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Additional Priority Bonds payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System upon satisfying each of the conditions precedent contained in the City ordinances authorizing the Previously Issued Priority Bonds concerning the issuance of Additional Priority Bonds to realize debt service savings by refunding any Priority Bonds at such time outstanding. For the avoidance of doubt, the City hereby covenants to no longer issue Priority Bonds for "new money" purposes. B. Additional Junior Lien Obligations, secured by and payable from the Junior Lien Pledged Revenues, which includes (primarily) a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien there on and pledge thereof securing the repayment of 27280786.2 -37- the Subordinate Lien Obligations and the Inferior Lien Obligations, upon satisfying each of the following conditions precedent: (1) The City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Junior Lien Obligations, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Junior Lien Obligations. (2) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection (3) of this Section and Section 21 hereof, respectively) unless and until the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then -Outstanding Priority Bonds and Junior Lien Obligations after giving effect to the Additional Junior Lien Obligations then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Junior Lien Obligations may not be issued for the purpose of financing Capital Improvements when other Outstanding Junior Lien Obligations which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Junior Lien Obligations has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations then proposed to be issued, unless the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection (2) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection (3)(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average 27280786.2 -38- Annual Debt Service Requirements for all then -Outstanding Priority Bonds and Junior Lien Obligations (other than Junior Lien Obligations issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations proposed to be issued) after giving effect to the Additional Junior Lien Obligations then proposed to be issued. (3) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Additions: Initial Issue. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection (1) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection (1) above are satisfied or, in the alternative, the City shall have obtained: (i) from an Engineer a comprehensive engineering report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Fiscal Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (ii) a certificate of an Engineer to the effect that, based on an engineering report prepared thereby for each Capital Addition, the projected Net Earnings for each of the five Fiscal Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the engineering report) will be equal to at least 1.15 times the Average Annual Debt Service Requirements for the currently Outstanding Junior Lien Obligations or incurred and all Additional Junior Lien Obligations estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Fiscal Year subsequent to the date the Capital Addition is estimated to become commercially operative. (4) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection (3)(i) and (ii) above and the initial Junior Lien Obligations issued therefor are delivered, the City reserves the right to issue Additional Junior Lien Obligations to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection (3)(i) and (ii) or Subsection (1) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Net Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the 27280786.2 -39- period (the Forecast Period) of each ensuing Fiscal Year through the fifth Fiscal Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) an Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Net Revenues of the System will be adequate to pay all the obligations, payable from the Junior Lien Pledged Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Junior Lien Obligations are estimated to be sufficient to complete such acquisition and construction. (5) Computations; Reports. With reference to Junior Lien Obligations anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. In the preparation of the engineering report required in Subsection (3)(i) above, an Engineer may rely on other experts or professionals, including those in the employment of the City, provided such engineering report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Junior Lien Obligations for Capital Additions, the certification of the City Manager and an Engineer, together with the engineering report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (6) Combination Issues. Junior Lien Obligations for Capital Additions may be combined in a single issue with Junior Lien Obligations for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsection (2) through (4) are complied with as the same relate to the appropriate purpose. (7) Definition of Net Earnings. As used in this Section, the term Net Earnings shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System and those items identified in the SECOND level of priority in Section 12 hereof, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (8) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the City Manager may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the City Manager's certification or opinion 27280786.2 -40- based on such change in rates and charges being in effect for the entire period covered by the City Manager's certificate or opinion. C. The City may issue Additional Subordinate Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Priority Bonds and that is included in the Junior Lien Pledged Revenues, respectively, but senior and superior to the lien there on and pledge thereof securing the repayment of the Inferior Lien Obligations, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of the currently - Outstanding Priority Bonds, this Ordinance, and the Previously Issued Subordinate Lien Obligations. D. The City may issue Additional Inferior Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Priority Bonds and that is included in the Junior Lien Pledged Revenues, respectively, on the terms and conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of the currently -Outstanding Priority Bonds, this Ordinance, and, to the extent applicable, the Federal Contract. SECTION 20: Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding Debt, pursuant to any applicable law then available, upon such terms and conditions as the City Council may deem to be in the best interest of the City, and if less than all such currently Outstanding Debt are refunded, the conditions precedent prescribed for the issuance of Additional Junior Lien Obligations set forth in Section 19 of this Ordinance shall be satisfied and the City Managers' certification required in Section 19 shall give effect to the Debt Service Requirements of the proposed refunding bonds (but shall not give effect to the Debt Service Requirements of the obligations being refunded following their cancellation or provision being made for their payment). SECTION 21: Issuance of Special Project Bonds. Nothing in this Ordinance shall be construed to deny the City the right and it shall retain the right to issue Special Project Bonds, provided, however, the City will not issue Special Project Bonds unless the City concludes, upon recommendation of the City Council, that (i) the plan for developing the Special Project is consistent with sound planning, (ii) the Special Project would not materially and adversely interfere with the operation of the System, (iii) the Special Project can be economically and efficiently operated and maintained, and (iv) the Special Project can be economically and efficiently utilized by the City to meet combined utility system requirements and the cost of such will be reasonable. SECTION 22: Security of Funds. All money on deposit in the funds or accounts 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 Texas for the security of public funds, and money on deposit in such Funds or accounts shall be used only for the purposes permitted by this Ordinance. 27280786.2 -41- SECTION 23: 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 remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. For the avoidance of doubt, no default with respect to any obligation that is secured by and payable from a lien on and pledge of Net Revenues that is junior and subordinate to the lien thereon and pledge thereof securing the Priority Bonds shall ever be deemed to be a default with respect to the Priority Bonds. SECTION 24: 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 the address of each Holder as it appears in the Security Register. 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 25: Bonds Are Negotiable Instruments. Each of the Bonds authorized herein shall be deemed and construed to be a "security" and as such a negotiable instrument with the meaning of the Chapter 8 of the Texas Uniform Commercial Code. SECTION 26: Cancellation. All Bonds surrendered for payment, transfer, redemption, 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. 27280786.2 -42- SECTION 27: 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 (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. 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 28: Sale of Bonds- Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , Texas, 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 pricing terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Initial Bond shall be registered in the name of . Any 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 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. 27280786.2 -43- 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 an 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 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 Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 29: Escrow and Trust Agreement - Approval and Execution. The Escrow and Trust Agreement dated as of June 21, 2016 (the Agreement) by and 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 Order 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 an Authorized Official for and on behalf of the City and as the 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 and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Escrowed Securities, if any, referenced in the Agreement and the 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 JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms, if any, for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series" for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. SECTION 30: Proceeds of Sale; Contribution from the City. Immediately following the delivery of the Bonds, certain 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 Escrow 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 or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from an Authorized Official. Amounts held in the interest and sinking fund for the Refunded Obligations and not used as part of the City's contribution to the Escrow Fund, if any, shall be deposited into the Bond Fund and used to pay principal on the Bonds. 27280786.2 -44- SECTION 31: Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par and accrued interest to their respective date of redemption. The City shall give written notice to the paying agent/registrar for the Refunded Obligations that the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the redemption dates set forth on Schedule I attached hereto, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to each series of Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein by reference for all purposes. The paying agent/registrar for the 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 City ordinances authorizing each issuance of Refunded Obligations. SECTION 32: 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. 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. 27280786.2 Yield of (a) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and -45- (b) the Bonds means the yield on the Bonds, calculated in the manner 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 as would 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 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, 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 as would 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 (including property financed with Gross Proceeds of the Refunded Obligations), 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 27280786.2 -46- 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 as would 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 of any Investment acquired with Gross Proceeds, 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: (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 27280786.2 -47- 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. 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 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. (3) The District reasonably expects to spend 85% of the spendable years after the date of issuance thereof. K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations set forth on Schedule I hereto as Number 1 (the Current Refunded Obligations) and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the payment of the Current Refunded Obligations at their date of prior redemption. In the issuance of the Bonds, the City has employed no "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. The City has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Current Refunded Obligations L. Qualified Advance Refunding. The Bonds are issued to refund the Refunded Obligations set forth in Schedule I hereto as Number 2 (the Advance Refunded Obligations), and the Bonds will be issued more than 90 days before the redemption of the Advance Refunded Obligations. The City represents as follows: 27280786.2 -48- (1) The Bonds are the "first advance refunding" of any Advance Refunded Obligations issued after 1985 and are the "first or second advance refunding" of any Advance Refunded Obligations issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2) The Advance Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Advance 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 Advance 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 Advance Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Advance 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 Advance Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Advance 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. M. Elections. The City hereby directs and authorizes each 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 33: Control and Custody of Bonds. The Mayor 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 and shall take and have charge and control of the Bonds pending their 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 of the Bonds to the Purchasers. 27280786.2 -49- Furthermore, any Authorized Official or any combination of them 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 and their registration by the Comptroller of Public Accounts and, together with the City's Bond Counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond to the Purchasers. SECTION 34: 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 lien on and pledge of Junior Lien Pledged Revenues made 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. The 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, 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 for the Bonds. 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 32 hereof). 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. 27280786.2 -50- 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 35: 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, binding on the City and its successors and assigns, and it 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 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 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 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 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 36: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of said Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City's Secretary is hereby approved and authorized. SECTION 37: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive 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 definitive Bonds. SECTION 38: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. 27280786.2 -51- SECTION 39: 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, Bond Counsel, Financial Advisors, the Paying Agent/Registrar, and the Holders. SECTION 40: Inconsistent Provisions. All resolutions and ordinances, 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 resolved herein. SECTION 41: 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 42: 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 43: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof 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 44: Authorization of Paying Agent/Registrar Agreement. The City Council hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 45: 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 46: 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 interne through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. 27280786.2 -52- 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 System of the general type included in the final Official Statement authorized by Section 28 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 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 statements becomes available. If the City changes its Fiscal Year, it will file notice thereof with the MSRB of the change (and of the date of the new Fiscal Year end) 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; 27280786.2 (7) Modifications to rights of Holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; -53- (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (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 27280786.2 -54- 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. 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 27280786.2 -55- saved, viewed, printed, and retransmitted by electronic 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 United States Securities and Exchange Commission. SECTION 47: Book -Entry Only System. The Bonds are initially 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 G (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, DTC, and the Depository Participants of the availability 27280786.2 -56- 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 48: 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 Agreement, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Bonds, each 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 49: 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 50: 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 51: Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Bonds issued (or to be issued) pursuant to this Ordinance based on the City's 27280786.2 -57- reasonable expectations and projections relative to those Bonds, such budget entries shall, upon the issuance of Bonds, be automatically adjusted to reflect actual debt service payments on those Bonds coming due during the period of time covered by such budget. Each Authorized Official, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 52: Covenants of Compliance. The City shall faithfully and punctually perform all duties with reference to the System required by the Act, all other applicable laws of the State of Texas, and the provisions of this Ordinance and that the City shall render no free service to any customers or other persons. SECTION 53: 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 54: Ancillary Bond Contracts. Though such parties may be identified, and the entry into a particular form of contract may be authorized herein, the City Council hereby delegates to each Authorized Official the authority to independently select the counterparty to any agreement with any paying agent/registrar, rating agency, securities depository, escrow agent, open market securities bidding agent, verification agent or any other contract that is determined by an Authorized Official, the City's Co -Financial Advisor, or the City's Co -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 Contracts on behalf and as the act and deed of the City. The Governing Body has not participated in the selection of any of the business entities which are counterparties to the Ancillary Bond Contracts. SECTION 55: 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, the City's Bond Counsel, and/or the City's Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; 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 56: Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. 27280786.2 -58- 27280786.2 [The remainder of this page intentionally left blank.] -59- SIGNED AND SEALED THIS 21ST DAY OF JUNE, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (SEAL) APPROVED THIS 21ST DAY OF JUNE, 2016: Miles Risley, City Attorney 27280786.2 S-1 THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § 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 21st day of June, 2016, authorizing the issuance of the City's Utility System Revenue Refunding Bonds, Series 2016, 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 21St day of June, 2016. 27280786.2 City Secretary (CITY SEAL) S-2 The foregoing ordinance was read for the first time and passed to its second reading on this the 14th day of June, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the 21st day of June, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre PASSED AND APPROVED, this the 21St day of June, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 27280786.2 S-3 INDEX TO SCHEDULES AND EXHIBITS Schedule I Schedule of Refunded Obligations Schedule II Approval Certificate Exhibit A Paying Agent/Registrar Agreement Exhibit B Purchase Contract Exhibit C Escrow and Trust Agreement Exhibit D Notice of Redemption Exhibit E Description of Annual Financial Information Exhibit F Form of Reimbursement Agreement Exhibit G DTC Letter of Representations 27280786.2 S-4 SCHEDULE I Schedule of Refunded Obligations 1. "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006", dated October 1, 2006, in the original principal amount of $84,415,000 and maturing on July 15 in each of the years 2017 through 2026 in the aggregate principal amount of $3,720,000. The redemption date for these Refunded Obligations is August , 2016. 2. "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000 and maturing on July 15 in each of the years 2017 through 2027, July 15, 2029, July 15, 2033, and July 15, 2039 in the aggregate principal amount of $81,015,000. The redemption date for these Refunded Obligations is July 15, 2018. 27280786.2 Schedule I-1 27280786.2 SCHEDULE II Approval Certificate See Tab No. Schedule II -1 27280786.2 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A-1 27280786.2 EXHIBIT B Purchase Contract See Tab No. B-1 27280786.2 EXHIBIT C Escrow and Trust Agreement See Tab No. C-1 27280786.2 EXHIBIT D Notice of Redemption See Tab No. D-1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 46 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, unaudited financial statements of the City for the most recently concluded Fiscal Year. 2. Tables 1 through 23 contained in the Official Statement; and the Audited Financial Statement of the City, as set forth in Appendix B to the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 27280786.2 E-1 27280786.2 EXHIBIT F Form of Reimbursement Agreement N/A F-1 27280786.2 EXHIBIT G DTC Letter of Representations See Tab No. G-1 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: May 27, 2016 Margie C. Rose, Acting City Manager FROM: E. Jay Ellington, Interim Assistant City Manager iayell@cctexas.com 361.826.3898 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to fill the vacancy in the position of General Manager and consider the adoption of a resolution pertaining to a loan to be made in connection with the River View at Calallen Apartments, an affordable housing project. BACKGROUND AND FINDINGS: Designation of a New General Manager The Bylaws provide that the Board of Directors may designate from time to time a General Manager and an Assistant General Manager to serve at the pleasure of the Board of Directors and implement the various programs approved by the Board. With the resignation of Ronald L. Olson as City Manager, the Board may take this opportunity to designate a new General Manager since the CCHFC meets infrequently and it helps to have two staff members authorized to sign documents from time to time. Following historic practices, Margie C. Rose would be the new General Manager and E. Jay Ellington would remain as Assistant General Manager. River View at Calallen Project River View at Calallen, Ltd. is the developer of the River View at Calallen Apartments to be located near 12000 Leopard Street in Corpus Christi. It was the top scorer in the regional pool for low-income housing tax credits at the Texas Department of Housing and Community Affairs (TDHCA). The River View at Calallen Apartments will be a 120 -unit multi -family housing development. On February 17, 2015, the CCHFC Board approved the issuance of a loan commitment for a loan in an amount up to $1,800,000. Although the Corpus Christi Community Improvement Corporation awarded $300,000 in HOME funds for the development, in order to reduce the complexity of the transaction from a first, second and third lien financing to just a first and second lien financing, the developer has declined the HOME funds and has finalized the CCHFC loan requirement at $1,440,000. As required by the conditions of the loan commitment made by the CCHFC, the developer has made arrangements with its lender for the project, Citibank, NA, to loan the $1,440,000 to the CCHFC, which will re -loan the funds to River View at Calallen, Ltd., the owner of the project. The loan from Citibank will be a special obligation of the CCHFC repayable solely from the proceeds that it receives from its loan to River View at Calallen, Ltd. and secured by a second lien against the development. According to the original loan commitment, the loan is to bear interest at 3% per annum, have a maturity date in 15 years, and be repayable in monthly installments based on a 30 -year amortization. The developer has requested modification of the loan terms to allow a 35 -year amortization in order to meet the requirements of its master lender, Citibank, for cash flow to debt service obligations. The net effect of the change will be to reduce the monthly payment by $530 and increase the balloon payment due at the end of 15 years from $879,128 to $999,255. Citibank has agreed to the request and approves modification of the repayment schedule of the loan to the CCHFC to match the repayment schedule from the developer. Approval of the attached Resolution authorizing the $1,440,000 loan from Citibank and the lending of said $1,440,000 loan proceeds to River View at Calallen, Ltd. on the revised terms is required for the project to close. ALTERNATIVES: The City has no other funding alternatives for this project due to the reduction of HOME funds available. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. 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 River View at Calallen, Ltd. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved April 19, 2016, Board Meeting Minutes Treasurers Report Resolution Relating to River View at Calallen Apartments Letter from Developer Requesting Change in Loan Terms AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, June 21, 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 President Chad Magill calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Chad Magill, President Rudy Garza, Jr., Vice President Michael T. Hunter Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Approve minutes from the Board's annual meeting on April 19, 2016. 4. Review of Treasurer's Report. 5. Designation of a New General Manager. 6. Adoption of a Resolution Authorizing the Execution of Loan Documents with River View at Calallen, LP and CitiBank, N.A. in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen Apartments. 7 Public comment. 8. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING April 19, 2016 12:00 p.m. PRESENT Board of Directors Vacant, President Chad Magill, Vice -President Rudy Garza, Jr. Michael T. Hunter Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer Vice -President Magill called the meeting to order in the Council Chambers of City Hall at 12:00 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. Vice -President Magill, referred to Item 3 and called for approval of the minutes of the January 12, 2016 Special Meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Mr. Scott, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". Vice -President Magill, referred to Item 4 and called for the presentation of the Corpus Christi Housing Finance Corporation (CCHFC) Treasurer's Report ending February 29, 2016. Alma Casas, Assistant Director of Finance, stated the Statement of Net Position Report showed assets were $1,329,107 with liabilities of $406,152 for a total fund balance of $922,955. She reported the total revenues for that period were $13,669 with an expenditure of $688 for a total fund balance of $922,955. There were no questions. Vice -President Magill opened discussion on Item 5, election of officers. Ms. Martinez made a motion to appoint Chad Magill as President, seconded by Mr. Garza and passed. President Magill made a motion to appoint Mr. Garza as Vice -President, seconded by Ms. Martinez and passed. President Magill stated that a slate of Officers was being presented for approval. He then recommended Staff appointees as: General Manager, Ron Olson; Assistant City Manager, E. Jay Ellington; Secretary, Rebecca Huerta; Assistant Secretary, Paul Pierce; Treasurer, Constance P. Sanchez; and Assistant Treasurer, Alma Casas. Mr. Scott made a motion to appoint said Staff members, seconded by Mr. Garza, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 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. John Bell, Legal Counsel for CCHFC, stated in February 2015 CCHFC Minutes — CCHFC April 19, 2016 — Page 2 approved a Resolution making a loan commitment to not exceed $1,050,000 to support the 911 Glenoak Apartments project. He said the developers have satisfied all their conditions with the Texas Department of Housing and Community Affairs and have obtained an allocation from the Corpus Christi Community Improvement Corporation (CCCIC) for HOME funds that resulted in needing less money from CCHFC in the amount of $720,000. He stated that the type of funding that is needed for the CCHFC is called conduit financing where the developer makes the funds available through its lender, Wells Fargo Bank, who in turn loans the money to the CCHFC and they loan the money to 911 Glenoak Apartments. There were no questions or public comment. 6. 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. The foregoing resolution was passed and approved with the following vote: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 7 and called for public comment. There was none. There being no further business to come before the Corporation, President Magill adjourned the meeting at 12:07 p.m. on April 19, 2016. CORPUS CHRISTI HOUSING FINANCE CORPORATION STATEMENT OF NET POSITION APRIL 30, 2016 Governmental Schedule Funds Adjustments of Net Assets ASSETS Current assets Cash, cash equivalents & investments 101,273 0 101,273 Receivables Accounts 406,152 0 406,152 Total current assets 406,152 0 406,152 Noncurrent assets Land Building & Improvements Total noncurrent assets 0 0 0 163,841 163,841 659,113 659,113 822,954 822,954 Total assets 507,425 822,954 1,330,379 LIABILITIES Deferred Revenue Total liabilities FUND BALANCE Assigned Housing Total Assigned 406,152 406,152 101,273 101,273 0 406,152 0 406,152 101,273 0 101,273 0 Total fund balance 101,273 101,273 0 Total liabilities and fund balance 507,425 NET POSITION Invested in capital assets 822,954 822,954 Unrestricted 101,273 101,273 Total net position 924,227 924,227 CORPUS CHRISTI HOUSING FINANCE CORPORATION SCHEDULE OF ACTIVITIES FOR THE 7 MONTHS ENDED APRIL 30, 2016 Revenues Charges for services Earnings on investments Total revenues Expenditures Community development Total expenditures/expenses Excess (deficiency) of revenues over (under) expenditures Fund balance at beginning of year Fund balance at end of year Governmental Schedule Funds Adjustments of Activities 15,395 2 15,397 1,124 1,124 14,273 87,000 101,273 O 15,395 O 2 O 15,397 O 1,124 O 1,124 0 14,273 822,954 909,954 822,954 924,227 /S/11 111111101151 DEVELOPMENT SERVICES May 27, 2016 Via Email Board of Directors Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 RE: River View at Calallen, TDHCA #15274 Dear Board of Directors: Please accept this correspondence as a formal request to the Corpus Christi Housing Finance Corporation ("CCHFC") for a modification of the terms of our previously approved conduit loan to River View at Calallen. This request is intended to have the terms of this loan reflect the final terms provided to the transaction by Citi Bank as our designated lender. Citi wishes to have the terms of the first and second liens be identical and contemporaneous; as such, we are requesting a 15 year term with a 35 year amortization from CCHFC. As you aware, Citi Bank will be the source of capital for CCHFC with these funds being provided on a non-recourse basis. Please let me know if you have any questions regarding this correspondence or if we can provide any additional clarification on this subject. Thank you. Sincerely, Enrique "Henry" Flores President Madhouse Development Services, Inc. 8500 Shoal Creek Boulevard Building 4, Suite 208 Austin, Texas 78757 Phone — (512) 633-4037 henrygmadhousedevelopment.net A RESOLUTION Resolution Authorizing the Execution of Loan Documents with River View at Calallen, LP and CitiBank, N.A., in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen 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 $1,800,000.00 for a 15 - year loan to River View at Calallen, LP at an interest rate of 3% per annum for the development of the River View at Calallen Apartments in connection with an application for low-income housing tax credits filed with TDHCA; and WHEREAS, River View at Calallen, LP has been awarded low-income housing tax credits and has requested a loan in the amount of $1,440,000.00 and has made arrangements with its lender, CitiBank, N.A., to loan such funds to the CCHFC to be re - loaned to River View at Calallen, LP for the development of the River View at Calallen Apartments; and WHEREAS, River View at Calallen, LP has requested an adjustment to the loan amortization requirements changing the monthly payments from a 30 -year amortization to a 35 -year amortization but retaining the maturity in 15 years, and its lender, CitiBank, N.A., has agreed to such change; 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 CitiBank, N.A. the amount of $1,440,000.00 for the development of the River View at Calallen 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 River View at Calallen, LP. Such loan shall bear interest at the rate of 3% per annum, have a term of 15 years after completion of the project, and be payable in monthly installments based on a 35 -year amortization. 2. The CCHFC authorizes a loan to River View at Calallen, LP in the amount of $1,440,000.00 to be made from the proceeds of the foregoing loan obtained from CitiBank, N.A. Such loan shall bear interest at the rate of 3% per annum, have a term of 15 years after completion of the Project, and be payable in monthly installments based on a 35 -year amortization. Said loan shall be secured by a subordinate lien against the River View at Calallen Apartments provided by River View at Calallen, 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 CitiBank, N.A. and the loan to River View at Calallen, 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 , 2016, at a special meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta Chad Magill Secretary President C:AUsers\GRANIC-1\AppData\Local\Temp \BCL Technologies\easyPDF 7\@BCL@4C05612A\@BCL@4C05612A.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 Future item for the City Council meeting of June 14, 2016 Action Item for the City Council meeting of June 21, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 18, 2016 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Resolution authorizing submission of grant application for a Federal grant and Interlocal Agreement for grant funds CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on June 8, 2016 JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment and enforcement programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation With this award, the program has provided a total of $5,360,448 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. 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 $163,004 $163,004 BALANCE $163,004 $163,004 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal agreement with Nueces County Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2016 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2016, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, 2014, & 2015 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $81,502, JAG funds received from Fiscal Year 2016 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $81,502 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $81,502, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2015 and September 30, 2019. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES Samuel L. Neal, Jr. City Manager County Judge ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Buck Brice Assistant City Attorney For City Attorney Diana Barrera County Clerk Laura Garza Jimenez County Attorney Date Date Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Stacie Talbert Anaya, Assistant Director of Parks and Recreation StacieT(c�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreements for Bayfront Parks and Medians Turf and Grounds Maintenance and Storm Water Improved Rights -of -Way Mowing CAPTION: Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event No. 104, 110, 111, 112, 113, 114 and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group for a total cost of $288,905.73 of which $72,226.43 is required for the remainder of FY 2015- 2016. Agreements will be for one year with an option to extend for up to four additional one year terms, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Parks and Recreation Department in FY 2015-2016. Cut Masters Lawn Service Corpus Christi, Texas $13,692.00 Texas Gulf Coast Contracting dba Gulf Coast Maintenance Corpus Christi, Texas $98,381.00 Dorame General Repair & Lawn Corpus Christi, Texas $139,349.13 La Med Facility maintenance, Inc. San Antonio, Texas $37,483.60 PURPOSE: The service agreements will provide mowing for the Bayfront Parks and Medians Turf and Grounds Maintenance. • Cut Masters Lawn Service, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 1 in Bid Event No. 104 in the amount of $13,692.00. • Dorame General Repair & Lawn, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 1A and Group 4 in Bid Event Nos. 110 and 113 in the amounts of $66,304.74 and $73,044.39 respectively for a total of $139,349.13. • Texas Gulf Coast Contracting, dba Gulf Coast Maintenance, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 2 and Storm Water Group 3 for Bid Event Nos. 111 and 115 in the amounts of $83,916.00 and $14,465.00 respectively for a total of $98,381.00. • La Med Facility Maintenance, Inc., San Antonio, Texas is the lowest, responsive, responsible bidder for Group 3 and Storm Water Group 2 for Bid Event Nos. 112 and 114 in the amounts of $22,083.60 and $15,400.00 and respectively for a total of $37,483.60. The total cost for a one year of contract mowing is $288,905.73 (Parks = $259,040.73; Storm Water = $29,865.00). BACKGROUND AND FINDINGS: Award recommendation is based on lowest, responsive, responsible bids. These contract locations include some high profile areas as well as some back yard parks. Bidders for high-profile areas must have experience working in Parks & Recreation Department's high-profile/landscape intensive areas. Currently, these locations are being serviced by contractors using Purchasing Orders at a higher cost per acre until this contract is awarded. The cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $364,563.91 for the parks and $58,174.83 for storm water mowing for a total cost of $422,738.74. In this case, it is beneficial for the City to contract out these mowing parcels. ALTERNATIVES: If not approved, these parcels would continue under a more costly temporary contract until a re -bid occurs. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,247,952.64 $216,679.30 $1,464,631.94 Encumbered / Expended Amount $1,007,562.91 $0 $1,007,562.91 This item $72,226.43 $216,679.30 $288,905.73 BALANCE $168,163.30 $0 $168,163.30 Fund(s): Parks and Recreation General Fund, Visitor Facility Fund and Storm Water Fund Comments: The $288,905.73 financial impact shown above represents the annual cost of these agreements. $72,226.43 have been allocated in the FY2015-2016 budget of which $44,059.43 is from the Parks General fund; $20,945.00 is from the Visitor Facility Fund; and $7,222.00 is from the Storm Water Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Award Summary Maps of Service Areas Service Agreements followed by Form 1295 for each Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received six bids for mowing services in both high profile and low profile areas of the City in response to Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115, of which only the lowest, responsive, responsible bidder may be awarded a mowing service contract("contract"); WHEREAS, State law provides that, if the competitive sealed bidding require- ment applies to a contract for goods or services, the contract must be awarded to the lowest, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115 that a contract would be awarded to the lowest, responsive, responsible bidder; WHEREAS, the lowest, responsive, responsible bidder awarded a contract for Group 1 in Bid Event No. 104 is Cut Masters Lawn Service, of Corpus Christi, Texas, in the amount of$13,692.00; WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 1A and Group 4 for Bid Event Nos. 110 and 113 in the amounts of$66,304.74 and $73,044.39, respectively, is Dorame General Repair& Lawn, of Corpus Christi, Texas, for a total amount of$139,349.13; WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 2 and Storm Water Group 3 for Bid Event Nos. 111 and 115 in the amounts of $83,916.00 and $14,465.00, respectively, is Texas Gulf Coast Contracting, doing business as Gulf Coast Maintenance, of Corpus Christi, Texas, for a total amount of $98,381.00; WHEREAS, the lowest responsible bidder for Group 3, Bid Event No. 112, is Gulf Coast Maintenance, a local bidder whose bid amount was identical to La Med Facility Maintenance, of San Antonio; however, Texas Gulf Coast contracting, dba Gulf Coast Maintenance has declined to accept a contract award for Group 3, Bid Event No. 112; 648 WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 3 and Storm Water Group 2 for Bid Event Nos. 112 and 114 in the amounts of $22,083.60 and $15,400.00, respectively, is La Med Facility Maintenance, Inc., of San Antonio, Texas, for a total amount of$37,483.60; WHEREAS, the City Manager, or designee, is authorized to execute a contract for each bid event with the lowest, responsive, responsible bidder, as indicated; and WHEREAS, in the event the lowest, responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest, responsive, responsible bidder, in succession, in order to secure replacement mowing services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct. Section 2. The City Council finds that Cut Masters Lawn Service is the lowest, responsive, responsible bidder for Group 1 in Bid Event No. 104 and is awarded a contract in the amount of$13,692.00, as shown in the attached Exhibit A. Section 3. The City Council finds that Dorame General Repair& Lawn is the lowest, responsive, responsible bidder for Group 1A and Group 4 in Bid Event Nos. 110 and 113 and is awarded contracts in the amounts of$66,304.74 and $73,044.39, respectively, as shown in Exhibit A. Section 4. The City Council finds that Texas Gulf Coast Contracting, doing business as Gulf Coast Maintenance is the lowest, responsive, responsible bidder for Group 2 and Storm Water Group 3 in Bid Event Nos. 111 and 115 and is awarded contracts in the amounts of$83,916.00 and $14,465.00, respectively, as shown in Exhibit A. Section 5. The City Council finds that Texas Gulf Coast Contracting, dba Gulf Coast Maintenance is the lowest responsible bidder for Group 3, Bid Event No. 112, but has declined to accept a contract award for this group and, alternately, finds La Med Facility Maintenances to be the lowest, responsive, responsible bidder for Group 3. Therefore, the City Council finds that La Med Facility Maintenance is the lowest, responsive, responsible bidder for Group 3 and Storm Water Group 2 in Bid Event Nos. 112 and 114 and is awarded contracts in the amounts of$22,083.60 and $15,400.00, respectively, as shown in Exhibit A. Section 6. The City Manager, or his designee, is authorized to execute contracts with the lowest, responsive, responsible bidder for each separately identified acreage group, shown by item number, in accordance with the terms and conditions stated in Bid Event Page 2of3 649 Nos. 104, 110, 111, 112, 113, 114, and 115, as applicable. Furthermore, in the event the lowest, responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest, responsive, responsible bidder, in succession, in order to secure replacement mowing services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor day of , 2016 Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Page 3 of 3 650 01 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ AWARD SUMMARY BID EVENT NO. 104, 110, 111, 112, 113, 114 and 115 MOWING SERVICES GROUP AWARD TOTAL. TOTAL AWARD: $288,905.73 $13.692 00 $37 483.60 $98 381 00 $139 349 13 $0.00 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. NOTE: Gulf Coast Maintenance was presented Group 3 due to local preference over La Med Facility Maintenance, however, Gulf Coast Maintenance declined the offer; therefore, La Med is being recommended. $0.00 Cut Masters Lawn Service Corpus Christi, TX La Med Facility Maintenance, Inc. San Antonio, TX Texas Gulf Coast Construction, dba Gulf Coast Maintenance Corpus Christi, TX Dorame General Repair 8 Lawn Corpus Christi, TX Gainco, Inc. Portland, TX Maldonado Nursery and Landscaping, Inc. Corpus Christi, TX Skavels Construction Corpus Christi, TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE Event#104 1 Group 1 mowing 273.84 Acre $50 00 513 692 00 $55.00 $15,061.20 $55.00 $15,061.20 $0.00 $0.00 $80.67 $22,090.67 $104.95 $28,739.51 $100.00 $27,384.00 13 properties Event#110 2 Group 1A mowing 1,326.36 Acre $50.00 $66,318.00 $55.00 $72,949.80 $50.00 $66,318.00 S45 99 $66 304 74 $65.00 $86,213.40 $104.95 $139,201.48 $72.00 $95,497.92 7 properties Event#111 3 Group 2 mowing 1,678.32 Acre $55.00 $92,307.60 $55.00 $92,307.60 550 00 $83 916.00 $52.75 $88,531.38 $76.65 $128,643.23 $104.95 $176,139.68 $100.00 $167,832.00 22 properties Event#112 4 Group 3 mowing 401.52 Acre $155.00 $62,235.60 $55.00 522 083.60 $55.00 $22,083.60 $0.00 $0.00 $67.00 $26,901.84 $104.95 $42,139.52 $0.00 $0.00 20 properties Event #113 5 Group 4 mowing 1 461.18 Acre $55.00 $80,364.90 $55.00 $80,364.90 $50.00 $73,059.00 $49 99 57'3 344 39 $65.00 $94.976.70 $104.95 $153,350.84 $0.00 $0.00 11 properties Event#114 6 Storm Water 280.00 Acre $112.00 $31,360.00 555 00 515 400 00 $0.00 $0.00 $0.00 $0.00 $105.00 $29,400.00 $165.00 $46,200.00 $0.00 $0.00 Group 2 mowing 18 properties Event#115 7 Storm Water 263.00 Acre $112.00 $29,456.00 $55.00 $14,465.00 55S 00 514 465 00 $0.00 $0.00 $105.00 $27,615.00 $165.00 $43,395.00 $0.00 $0.00 Group 3 mowing 14 properties GROUP AWARD TOTAL. TOTAL AWARD: $288,905.73 $13.692 00 $37 483.60 $98 381 00 $139 349 13 $0.00 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. NOTE: Gulf Coast Maintenance was presented Group 3 due to local preference over La Med Facility Maintenance, however, Gulf Coast Maintenance declined the offer; therefore, La Med is being recommended. $0.00 en PA,7-r— s — ' I -ice - 1 GROUP I AREAS \JLJ .\ r' --t-r- ,a ••• �� z,..a Shoreline Medians#1Ir ,` ONO ilcz5 .Shoreline Medians#2 j (::.,'"-----; - :)/ gili \ID . \ , ShoreUne Medians#3 1 • Shoreline Medians#4 t.:5;7\ ?w,c� °Mmwielr:::: rim Iv -moa Shoreline Medians#5 ;AA= ' Shorelin= Medians#6 • . : Medians#7 M___ • ; — / I 1 I 0 ' li\ L___ 1 "'''' ': . 1 --- ^— OPi F5 Q t, 1i 11! ShWsUne _ I� 1 soz :i 1 �v i Shoreline Medians#7d II f .. 1411111. 7 1111111p JL t .,.. *I psisisit. Shoreline Med ars 1/9 78:47 LI;iMedl0fl8l - Oil 0, imf ,QQ ,,I I III Alitrio*, _ - a%cy ir-------7-vim. . Medians#1e 44.* 411/111* 1 ]i\i IIIIIIIT"1104* � 1 lam, [Li_ 652 Downtown / Bayfront_ / Parks_ GROUP 1 MAINTENANCE AREA _� _. LOCATION/ADDRESS ac 1 Shoreline Medians#1 Federal Courthouse to 137 028_ 2 Shoreline Medians #la _._ Power St. to Federal Courthouse 0.46 3 Shoreline Medians#2 - 137 to Mann (Orions) __ _ _ 0sz 4 Shoreline Medians#3 Mann to Twigg 0.56 5 Shoreline Medians#4 Twiggy Circle -- 0.07 6 Shoreline Medians#5 Twi•s to Ta for 0.58 7 Shoreline Medians#6 Ta for to Starr _ y 0.54 ; 8 Shoreline Medians#7 Starr to Peoples - 0.57 _ 9 Shoreline Medians#8 Peo•les to Schatzell 0,54 -_ 10 Shoreline Medians#9 Schatzell Circle 0.?0 11 Shoreline Medians#10 Schatzell Triangle 0.20 _ 12 Shoreline Medians#11 Schatzell to Lawrence 0.93 _ 13 Shoreline Medians#12 Lawrence to Williams 0.97 __ .__..______ �. ____._ .__ ..... ._...__ --___ _._---._ TOTAL 6.521 653 GROUPlaAREAS f ,--:------.) ... M NMI 111111111f C *-•-,-- \ . 61111111 MIIIIIIm: alli - ,. \ \ A . all MEM elliti d =---- ,. i -,- 'LIE Ern , :: 4.-........._ , ..... j 11E1111 0 IIIIII-- \ 1,, _.7:7-y--T. titZril II ' p.' -____.___J*4r..1\ t al* liestallit --,i4(iii 0 1 4.)::',,t,\l, T-Head) • 4.11,14Wkr_i if OC — 1 ;;"limitilliiill*r 114;111` ' 1111114r ' , 1 .. _air ..,_wiir . ,,,,, ...'---•-7:-'tz.,..:,...-.:t,....5.1.1.1.,...,_ . ..,;-.., 1 11111111* Mill 4tho,aft 0117 . 7 , . ..i' 3 Pr– 'Isliiimow... alitir li pir are-. : 7- ) .17101111/ Ailkil",8*,01 IA C> 1114! 11.11441111ir ill deo° . - ' iiiil Oil ' " . ._, ...._' /' =11111 i lkli 4461.4MW I 1:111-4ktit' l ' ak,411111111LIIIIIIP ;:;.,, ' 741' .,,. `71 OIiP: , W 11 .11lkillllfir 141.,4 '..'siT,* ' - . '''' '.t.•. /. fi. • 1 6311 lir 17 r11111.11111111:I muff ....„.„.--,,,,...y --...... , roolL Will All7 011111,- Off r,ar, 41, .....: iii,, .... ... .., ONO' row ' -,1:.-..'-'‘,-- //7' CRY.Deitinalictillail BaYfmni F°°1Plint McCaughan ,-..,...-- *r. ' •A ........ 1174, E . aliMI ,... .... :::fttl U emit '".',.':,--7,, „,,7 MN W ir . .0..,,,_,7 Er..., _i _ _ 654 Downtown / Ba ront/ Parks GROUP 1A MAINTENANCE AREA !LOCATION/ADDRESS 14 Art Center Grounds AC 1 ---- -,_ __ Williams to Coopers Alley 3.23 15 Marina Peoples St. T-Head _ ��— 6.31 16 Marina Lawrence St. T-Head -- 6.52 17 McCaughan Park 602 N. Shoreline 18 Old CityHall Park " -_� - 5.97 ll _ 100 Kinney _�_._ 1.68 19 Sherrill Park 222 S. Shoreline Dr. 20 Old Memorial Coliseum Site 402 S. Shoreline _ 3.23 4.63 TOTAL 31.58 655 I --.../ •0.,/,..1% 4 GROUP 2 AREAS • . •e , # . s\• Museum of Science d Histoty/Lot 26 IIPA? AYAr • Mesquite Medians el • ,•—...— <4,/ Water Garden Glean* _ 1 I Owen,Circle - 0 V . li . Mesquite Medians 11A 11101111111 if I ,SMG Lot 25 SMG Lot 215 Matt&z — . . SMG Lot' 24' 1M Mesquite Afedianc 8VHarbour • ..---------1_3 • 111 .2 i 1\11 SMG Lot 2 • TD Maintenance Yird SMG Lori° SMG Loi3 Bayfront —.1 0 Fountaitil ..4,11O Lot 12, Vacant ota rJl'"-iiedtage ram,. S,00M13Lot 5 pi* woo ArApiPlihi •—\\ . — Seamatna Canto:fiat 4s% ----- - -•• - so iiiir 11101, I N. ...s... A A ......,„ ...„.., ....... • Chapanal Delimits 1 go ;. ,-.,:-/,,- • li I-- .......,.... ... , LI Is „:001•:-.: I Orr"il 'A et=`I ri::"'" °Wane!MN" .....,-.,., ic.,-.1.• ••••••• 41 .1.1:own it '4,'..-• -- ,..—:, • , 2r A. la, ' S •-• ...oil; • goo 111111 spripw- : ' pft. - 4•7..,„ #.' 4,,,•• N / a 1‘i ....,\ ,,,------.,...-- Mi. Old Sayville-—emetaryd% ,otti*.• • 101" 0 III c;;:::... 11111 0 $'. maw . mown ' • =II no ... =_.. ........ , ,,,,, ,,,, IMMINI Pr= al ii: Oveal Williams Sr Center At-;.. /41111 est of AMU 141111 EX::1 1=1---1 'I IN" .13 \ci l'Ynoanocaff3 ...a 411, 0 - •• n ..,:r .....6 ...... _...._...... 1111=1 MN „.nuni .-. .I— MIMI NMI MEM MIIIIM_11111111.NMI,nomml Eli, liftriMi ” !• Min NEN •••1111 MI 4 am.. -- i ........ ... t imam immo No.- OS 161 pS — MIMI --1 i i 5. ..,.. „,, man mow • ami mar ,now mar • ip ii..lik 11111k all 11 1.1"'M. la I." ,:a. •, ,.,7- , ,_ ....., ..... • INIM ir- 16 .0 03 * - -2.2 ill iMil MEI. 0 oar Imo tom gimp' mortal Fis TOW Pi 37 1 ...... NM omit Nons"mg Mil . .. =.1 ''am man mom En= •Ant limit mai wow NNE is aitchworta 01 2/ OUPPLONVCAI NM -46 MI .....1.6 lm"...1 .MIN MIN. BUM NMI 't 111 NM 9.1111.NMI , . .dta In SAM- IIIII ,711.7=Mel 111 _. .1 II.. LIE =Pi" 1111 0 _.... , um in mums 1....• MI IMO Mill i i IN own MIMI MON IIIIIIMI mix. 1111" iIMISIMM,711.0W11110' PIER 11•111N IBM IBM MN a aust am IMINII MIMI MOM NINE OMR imli ,. . . r /11/11.117 HIE ME ill:T. 11113 Iti`-'1 liiir4 iti. ----, aim ism= r....)-1 aglow ....Ea 111111111111111/ litE illir ma" DEll I I riff111111L/ 656 Downtown / Bayfront/ Parks GROUP 2 I MAINTENANCE AREA !LOCATION/ADDRESS 1 Chaparral Circle Mesquite& Chaparral 0.07 1 2 Chaparral St. Tree Wells 137 to Brewster - 3 Harbor Playhouse Grounds 1 Bayfront Park, Chaparral St. 1,54 ,� 4 ~Heritage Park Fitzgerald 4.78 5 Lot 12, Vacant Lots Mesquite St, Resaca to Hughes 1.37 � 6 _ Mesquite Medians Brewster to Hirsch, (Water Tower) 0A5 7 Mesquite Medians Hirsch to Harbor 0.44 8 Mesquite Medians Mesquite c2i Museum of Sci&Hist 0.26 9 _Museum of Sci & Hist, Lot 26 1900 N. Chaparral _ 5.30 'i. ^_T 10 Old Bayview Cemetery Ramirez & Waco __. 3,14 11 Oveal Williams Sr. Center 1414 MLK Dr. 1.37 12 Seaman's Center Lot 1501 Mesquite 1 13 SMG Lot 10 q 1.os� _.__._._ Hughes &Chaparral 2.45 ' ,� 14 SMG Lot 2 __. Resaca to Brewster 1.45 15 `SMG Lot 21 &Triangle&AMC Tria Convention cntr. Entrance @ Hughes 1.10 j 16 SMG Lot 24 _ Brewster& Chaparral 1,021 17 SMG Lot 25 � _ Hirsch & Chaparral 0.76 18 SMG Lot 3 —-- Resaca to Hughes _2.40 19SMG Lot 5 Fitzgerald to Resaca _ 222 20 TD Maintenance Yard 1709 N Mesquite 1.381 21 Water Garden Grounds Arts & Sci Park,Chaparral & Hirsch _ 14.10 _ _ 22 Bayfront Fountain Park _ 1800 BIk N. Shoreline @ Resaca 3.30_1 TOTAL 14 657 GROUP 3 AREAS \ 11 \ F -Courthouse se GetervaY Mea�ans#1 . -__:.,.w;, �.;_...,,,, . Sister,City,Median .. i 00-‘ rri C '\ 1%-pli . __. .--. '• ‘ �� i �, Gateway Medlans•#3 -- to`=y Medians#Z ::1. ♦ , � . } i s1 NMI �'I/ I Gateway Medians#4 , •_ �r woo 137 Ease nt =7 , �w .; iti. Maim St`Park Lot pk.• ♦/4& AHIo trAgi • ....... -- �,� 4. _ filWArtfasi:n ori; woo.1.- �0 0 �� it io ... �..= * ,� Bmadhvay.etui##1 NMI NalNM i liark IiiR MN OMB wiw oa esVA riall. rep am wilgi == —moo= [1:) � :�= 1 `.� Ii � i, 8roadway.B/uffi�2 ^ ,f lI!MI ilei Mall MIN .�imiMLII - - %;, E mini =: 'I I. Broadway Bluff#3 1■�■.. ii'i■ ■= 1 _ z wT Limp.rrr� �r.r,�, I �' La Retama. It Mil al niria? %% -- z) , . "i- _ r... gii 4* 0 . _ _ _ _ ., 8ioadway Biuf#4 : .... .,..I •_ �� "MN OM MIN Mit .IMMO= me, me ir --------4. spohn 4D "- 11 oaf Min A _ a MINI NM EMI ME IIIIIIN MN ma Ili NMI Mill El Fir 171410.444* 4111177 p � ...... Qi .:::== i 1 f---11,533;1 ,,.....„, sit ,r----..„ NM UM i• 415411114Broadway Bluff" Alley Ranter East !IV ' ��' ,, iiii..1. Coopers i4l►ey P/anter.W�sst :-H,j)E9 -;---.7:,,--L n 11 ) ,L. ., tilW10-10-n11111 \ 414--.4,..., 111 III—galeir "lib mk----------<': / tit sstr .-�``; 'it 10111114 ,.-_ ...._ a 0 6. 01101 10111 ile%ig, Wino"ai 7„,. 1,,.,,,-.: , A -- �11 ..,,.. wr :).111,OP 51.111.1. iiiii � MOW �,11111 �"'... I[1 t . • Broadway Bluff#6 III ail r..I j111tt11 . ■ 11111111,1, `'' / 658 _ Downtown own / Bayfront/ Parks I GROUP 3 + MAINTENANCE AREA LOCATION/ADDRESS ~�-' Ac 1 Chaparral Artesian Park __- - &Twigg _ 1.04 2 Lower/Upper Broadway Bluff#1 Taylor to Buffalo (±30°slope) �0,13 _ 3 Lower/Upper Broadway Bluff#2 Buffalo to Antelope (±30°slope) 0,22 4 Lower/Upper Broadway Bluff#3 Antelope to Leopard (±30°slope) 0.25 5 Lower/Upper Broadway Bluff#4 Leopard to Lipan (±30°slope) 0.60 6 Lower/Upper Broadway Bluff#5 Lipan to Mesquite (±30°slope) 0.48 7 Lower/Upper Broadway Bluff#6 YMCA Complex to Park (±30°slope) _o.47 ___ 8 Coo•ers Alley Planter East Coopers Alley East of Mesquite 0.02 9 Coo•ers Alley Planter West Coo•ers Alley West of Mesquite _ o.oi 10 GatewayMedians#1 _ Water to Shoreline 0.05 r- W 11. GatewayMedians#la ater to Shoreline (sidewalk easement) o.o 1� 12 _ Gateway Medians#2 Cha•arra!to Water o.1s i _13 Gateway Medians#3 Mesquite to Chaparral 0.64 _ -t 14 Gateway Medians#4 H 181 to Mesquite_ _0.414 _ _ Federal Courthouse Behind courthouse, Cha_arral to Water 1.3o 16 _ La Retama Park 500 Mes•uite 0.50 17 Mann St. Parking Lot 9800 Block Mesquite 1.65 18 137 Easement _. _ . .. 137, Mesquite to Chaparral _ ^0.13 19 _ Sister City Median _ 137, Mesquite to Chaparral 0.72 20 ISpohn Park - --- 213 Mesquite 0.83 __ TOTAL_ 9.56 t 659 I SI1li , I Iii if � iLEOP1 � � :. .13___ GROUP 4 AREAS, I I f —I �_, 1 ; 1iJ Sir INA _ 1111 1I I gill City Hall Grounds i I 1111111 __ _ Old Sears 1 I,I ell/ -- 1.111111111111 ' ISM NM ECantIjaILlbra7 \ ...n�i. LiiIiuiujI ,. - 1 :.' 341., EFT Mtn ' Eir..1 ...i./11.1 I 1:. 't' a'r .'. : intslas;t.,;,,,,,: ,.:,,,,,,,,,.,,,, 1 IgLO11N116is l V1100001°1_,„ IN lilt 2 -41.11 tror! iceol Al.Kruse T Inn enn�s Center\-71-23 I VIVI ���/� .,,=; --j W-D----1 moil 11101 i V1--- r y itk- 1111.1111r7 imimalla South Bluff Park :DrilIII WI jij alib,•": L 1. c l 111111 itioisli- autt_i. T .�iiii�������x�nw_, F Effl---1.�.. -,2E:\ Ullia rra-irlin f:IT 660 Downtown / Bayfront/ Parks MAINTENANCE GROUP 4 ! ;AREA ;LOCATION/ADDRESS AC 1 Al Kruse Tennis Center 502 King St. 1.571 2 South Bluff Park -- - _ , 500 Tancahua 9.16 3 Central Library � 805 Comanche _____ 1.67 4 City Hall Grounds 1201 Leopard _ 9.10 5 Old Sears Property 1100 Leopard, Adjacent to City Hall 2.36 6 Dr. H.J Williams 1506 Minton �~-6.76 1 7 Old Police Station 1519 Winneba•o St. `0.25 8 Daycare 1517 Winneba•o St 0A7 9 T.C. Ayers 702 N. Brownlee 1.851 10 Lovenskold _ 1600 Antelope 0.66 11 Cabra 1323 W. Broadway 0.94 --- --.-. TOTAL 34.791 661 `tea= Taftl eWkM..r,Sikellier44109 -.7.71- WWWW.t. _::::_. StkrA'i' '+VAi=1,i' -'' r.-1•, i,.Y` 14/1/ 0i.01_a •x ji . ..440 it t. 1 le Nil rr— " . . . kir if ,i? t;;i li / 71 • It 0 II*0 mgE y 4 I UI m n 0:, O C C4N N N eV N N N N N O r L iV N N N N N .Eo la 47`. 4 cgs H * A 0 d N N M N N N N El CL a II=MI Ca O 1 . 662 GROUP 2 _ G2-1 Acreage G2-1 Greenwood R.O.W. W/Side of Greenwood from Gollihar to We- stpoint 0.27 G2-2 Ayers Strip South side of Ayers, Home Rd.to Fannin 0.84 G2-4 Vanderbilt Entrance Ayers St. &Roosevelt Dr.and circle at Ellis and W. 0.14 G2-5 Clark Circle Clark&West Clark, 110 Vanderbilt, Normandy&CI 0.32 G2-6 Ramsey Median Brawner Pkwy.To Home Rd. 0.50 G2-7 Home R.O.W. _Ramsey, to Ayers on East side of Home Rd. 0,11 G2-3 Sacky Dr. R.O.W Sacky,S.side,Wharton to Bowie St. 0.22 G2-9 Reid Triangle Corner of Reid&2700 Alameda 0.14 G2-10 Mld Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73 G2-12 Brownlee South corner of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar Colle 0.21 G2-14 Greenwood R.O.W. Holly to the Wal-Mart Road, both sides 1.54 G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk W/Sid 0.12 G2-15 West Point Columbia-Greenwood East South Side 0.16 G2-16 Calle Cuernavaca Saratoga-Dead End East/West Side 0.59 G2-17 Cabe Las Colonies Saratoga-Dead End West Side 0.43 G2-18 Greenwood Holly-Saratoga Both Sides(Measured Portions) 0.73 G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 TOTAL ACRES 13.36 t 663 �v� tO '� O I. :i`• a '� i� 1 rli 3 L CL o Cr In m n m n Ii Ac di i itCIi 5 . An 1V0 a' i6ngi I 0 2 i cL\ . ei. 0.L I 0 ' x ai.? 1 rit • X( ii a. Ii s ... \ i . . —I -. . .. , ..dit . _ _,111. .. . .... ... ... . .._ 664 GROUP 3 Acreage G3-2 Alameda Terrace 5800 Alameda N.side 0.44 G3-4 Lum Triangle 700 Airline Rd. ©Lum Ave. 0.18 G3-5 S.Staples Strip 4500 S.Staples West side©Collingswood 0.21 G3-6 Mustang R.O.W. Mustang Trail from Golihar to S. Staples 0.21 G3-8 McCall Strip McCall, north side from Reid to Alameda 0.35 _ G3-10 Texas Triangle Texas and Swantner 0.33 G3-12 Doddridge Doddridge, n.side,Pope to Fort Worth w/islands 0.14 G3-13 Weber Weber,north side,from Staples St.to Linden 0.31 _ G3-14 Kostoryz Kostoryz, b/sides from S.Staples to Brawner Pkwy 2.38 G3-14a Kostoryz Kostoryz, both sides from Holly to Saratoga 3.59 From Gollihar to Harris on EJSide of Carroll Ln.; G3-15 Carroll Lane R.O.W. from Tweet to Tiger Ln.on W/Side,S.of SPID 0.50 G3-16 Golihar R.O.W. Gollihar, N.side from Carroll Ln.to Hamlin. 0.85 ` G3-17 Parkdale Median Whataburger Way to Marie(6 Medians) 0.66 G3-18 Staples Strip Annapolis to Brawner-West side only 2.38 TOTAL ACRES 12.53 665 Service Agreement -frInaS Kf Agreement No. 752 t l� ='== i BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS ti ‘`- MAINTENANCE MOWING �xs' THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement")is entered into by and between Cut Masters Lawn Service("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response fo the City's Request for Bids("RFB No. 104") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of the Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $13.692.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" 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. Page 1 of 6 666 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 or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. The Contractor's insurance requirements are attached to this Agreement as Attachment "3". 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 Manager first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 667 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 unless such subcontractors were named and included at the time of bid. 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/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor 10 days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours written notice to the Contractor for the 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. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. The Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 668 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Cut Masters Lawn Service: Attention: David Alvarez PO Box 270100 Corpus Christi, TX 78427 Fax: 361-730-9191 Email: cutmasterslawnservice361@gmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 669 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 670 CONTRACTOR Signature: .44.,d.. ,1,, ./rir Printed Name: David A Alvarez Title: Owner Date: 05/10/2016 CITY OF CORPUS CHR4S ft Signature: Printed Name: ApAed as to farm: , , ' I k-vif— Title: I,t;i1 t:i i 1.. Assist.n City Atto, ey Date: For CI a ttorney Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: insurance Requirements l°icon igg�avjae n;e Only: Exhibit 1: RFB No 104, RFB BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING Exhibit 2: Contractor's Bid Response 1 I L__________ Page 8 of 6 671 Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. iii s et .1 ".L" 'i t .b t I It I _ _►_ g requirement wilte deemed zon-resnoncive and withe eliminated from consideration. C =Comply N =Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 672 The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress,the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities,rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be 673 repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State,and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation,mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REOUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REOUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar 674 with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations,whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF 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 CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent 675 contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris,including paper,cans,bottles,bags,grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines,lawns,sidewalks,trees,shrubs, groundcover beds,all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three(3)inches square. Special attention shall be given to insure the removal of objects,which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting,scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group IA must be cut weekly (approximately 34 cuts) during the growing season, March through October and 676 bi-weekly(approximately 8 cuts)during the non-growing season,November through February. 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles=bi-weekly 4 cycles=monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when,in the opinion of the Contract Administrator,soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway,parking area,or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trinuning shall include around all trees,shrubs,beds, fences,groundcovers,utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing,trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces 677 Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two(2)feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover)shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6,7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLYwith steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS,AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH I. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications,prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March,June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each 678 Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1)Ornamental Plant and Shrub Control (2)Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications' under this contract will require spot treatment for ants and plant& shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications,registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next 679 morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one(l) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected,the Contractor will be notified and a$25(twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one(1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies,a$25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors,agents,servants,and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety 680 flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. _ M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract ^� Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. _ B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year(1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two(2)years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. _ C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability tp provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated,resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: w I Municipality Contact Name and Telephone • • Number: 681 ..,.~~~ ,. .,-- L.\ \ ,,, 1. - GROUP 1 AREAS �-�_- '' .. ' ' j i , ��- . ,tt L~~ `^ ., TWASIG F (:\ siii• rat /----:--cA 0 0% 1 omi.hvyi ." co \ 4.,,,,,,,,, .i ,,, .,,,, 81 MOO 1 )- <if-1 —1 I FL- 1 ,I 1 .. Shoreline Medians#5 1.., L mi , no TiY1OR . r---i 1 0\\. PEOPLES tiLl_.Li hihkagii,,, (,,,• .ri.,;:—.7-71 \ — ..---".-- -.... ShorefEiRreMediaL#1 0 1 - 3 -- 0 el , .t7.4;'4W.w4 • C i' ! 1------- . I AlliViy 1 paw., J iftift, 11,.. ,_ 4,... -mi.... 4 ...,,, CII ,r : ...:,., ., , ., .44" il '--1 •• Ili, ,(7*at 447.,4,,Cj J iii. 'w . .' '''-7..: /C: Th ' I rJ. 682 Downtown/ Bayfront/Parks GROUP 1 MAINTENANCE AREA [LOCATION/ADDRESS ----------- AC$ 1 Shoreline Medians#1 Federal Courthouse to 137 2 Shoreline Medians#1 a Power St. to Federal Courthouse 0.46 3 Shoreline Medians#2 137 to Mann (Orions) 0.62 4 Shoreline Medians#3 Mann to Twigg 0.56 5 Shoreline Medians#4 Twigg Circle 0.07 6 Shoreline Medians#5 Twigg to Taylor 0.58 7 Shoreline Medians#6 Taylor to Starr 0.54 8 Shoreline Medians #7 Starr to Peoples 0.57 9 Shoreline Medians#8 _ Peoples to Schatzell 0.54 10 Shoreline Medians#9 Schatzell Circle 0.20 11 __Shoreline Medians#10 Schatzell Triangle 0.20 12 Shoreline Medians#11 _ Schatzell to Lawrence 0.93 13 _Shoreline Medians#12 Lawrence to Williams 0.97 — TOTAL 6.52 683 Attachment 2: Schedule of Pricing Event S 104-5-Line Rospensoe CL,T I i t N _ I. �`+`n 2/8/16.12:42 PM ., P.O.BOX 270100 C�0.�ti�,s ryesCorpus Christi,TX 78427 ,�C-,;'‘ 19,'S.,. lb , Supplier Portal Event # 104-5 - Line Responses ® Sourcing Event Response Updated ® Iinl 'hoItls <r{, ;t un :r51 ,� i. Respond to at least one event line.An * by the line number indicates a response is required. Line Responses Lire Line _ Ien� D ;crI;?t1G.'! Respell ,_ �:•:tc?ill![( Ouantitr Qup,ltit� UOi• Unit P La Pi *1 GROUP 13 273.8400 273.8400 AC 50.00000 13,692.00 edit 1 Properties: 6.52 acres x rw__cnnnca 684 Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products, Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. 685 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-VH. 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 686 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 687 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING i Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: • of business. Cut Masters Lawn Service 2016-47632 Corpus Christi,TX United States Date Flied: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/29/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the govemmentai entity or state agency to track or identify the contract,and provide a description of the services,goods or other property to be provided under the contract. Sry Agrmt 752,Event no.92 Lawn Service 4 Name of Interested Party City, Nature of interest(check applicable State,Country(place of business) 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. r GLORIA P CACERES 0 My CIL' ir2.51ti Expiratt ( 111111111117_-) M/fCA Z5,Z019 Signature of authorizes~ of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE t /J Swam to and subscribed before me,ny the said c, efik.( 1(/e(.Ire L ,this the e2 9"14 day of 4 f& 20 j(t0 ,to certify which,witness my hand and seal of office. 'T Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 688 Service Agreement C.v. SGrhAgreement No. 753 Ali t� BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING 852 THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Dorame General Repair 8 Lawn ("Contractor") of Corpus Christi, Texas and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 110")which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $66.304.74, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" 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. Page 1 of 6 689 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com S. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes Page 2 of 6 690 is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- Page 3 of 6 691 delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Dorame General Repair & Lawn: Attention: Ramon Dorame 4213 Hamlin Dr. Corpus Christi, TX 78411 Fax: 361-533-6728 Email: do-ra-me@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER Page 4 of 6 692 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 693 CONTRACTOl Signature: ,.r -.0Lf2.4---.,.—..— Printed Name: 0/4,7 441 de4e ,,7, -: Tifle: "4:7 , ' " Date: 5:- - /4 CITY OF CORPUS CHRISTI Signature: .: . e�d as o Corm: ..�' / . Printed Name: Title: t`�:y s r l ft 016A Assistn City Atto ey For C'y'Attorney Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements Inconzarcted by Reference Only Exhibit 1: RFB No.110,RFB Bayfront Parks and Medians Turf and Grounds Maintenance Exhibit 2:Contractor's Bid Response Page 6 of 6 694 Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. ;idders who answer" ", Do Not Comply, fo a . -.1_I :I ' - . _- 11.- , 0 . !- _. I$._ • . 11 '.S.. I . • 11.1 . - . 11. . ! '. - .I .. C =Comply N = Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including,but not limited to lawn and shrub areas, flowerbeds and planters, walkways,curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases,herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 695 The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done,or he,she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be 696 repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State,and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation,mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS_ 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, 697 State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations,whether by himself or by his employees. 2. Permits, Licenses. Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF 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 CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on 698 employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris,including paper,cans, bottles,bags,grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including,but not limited to,fence lines, lawns,sidewalks,trees, shrubs,groundcover beds,all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three(3)inches square. Special attention shall be given to insure the removal of objects,which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting,scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly(approximately 8 cuts)during the non-growing season,November through February. 699 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles=hi-weekly 4 cycles=monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when,in the opinion of the Contract Administrator,soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway,parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trinuning shall include around all trees, shrubs,beds,fences, groundcovers,utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs,fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, 700 parking lots, curbing and concrete medians, including road pavement that is within two(2)feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover)shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6,7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications,prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March,June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. 701 G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1)Ornamental Plant and Shrub Control (2)Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand.of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall 702 inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a$25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies,a$25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors,agents, servants,and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 703 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING ��___ 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. . EQUIPMENT - -- — A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS E- A. Bidders must have a minimum of one year(1)continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two(2)years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. _ C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated,resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: '-_� -___4-_ -- Municipality Contact Name and Telephone Number:_ _ +� 704 • I—..6IR11a:G_:—.^.-r --b...—:‘,....--,-- 4,"'"""•_ , GROW!1MIN: ', Er MA It Amami- ELME ill = ri , KI\ ' pi- e-Ill, . ......... ' U, 7-7--"....r-. - - - 1.: \ LEOPARD 0..............1 j ',_ EMS 41,444114110 allow ' t P- , ... or/ avirilivirt .t.,415 „.„ Y.:::,111,78.".14:1144111i., 111111111111111. AI* ***7 _ 1111=101111i1 f I ,' LIM O'Aiiiiiir $.1rair 0,.,,, j uppo Itir -,,-,.r. i. 3 4gilillit .; - Iiiiiitr° 41* Illi 1e t1 IMUM C> raller *//// , —,�' '�' +, , ... �� . Art center 1 11F; " :`.", f; , i fi Iii ) ill°. air Sherrill r aro"PI meg all , .Ifill Fri 11111C _ i :INA 111011 r/: - /; Bayfront Footprint 111111111111111111111111; SW° Z.!:::; lill----r 01111111 0111. ,.is I. _ .. �' .,. . _ _ i 1E13 ___.—, ' . 0 il ,-- att' ; ......... wwa,aa Inca II.N r* ...eh... 705 Downtown/ Yf Ba !ont/ Parks _ —GROUP IA' MAINTENANCE AREA LOCATION/ADDRESS 1 323 14 Art Center Grounds - -- .--_-_-_`______. . _ Williams to Coo•ers Alle 15 Marina +-- -1 Peo•les St. T-Head 8.31 Lawrence St. T-Head �_ 16 Marina 17 _McCaw han Park 59__ 6.52 602 N. Shoreline 5 18 Old City Hall Park -- 100 Kinney �- __ 19 Sherrill Park 1.68 222 S. Shoreline Dr. 3.24 20 Old Memorial Coliseum Site 402 S. Shoreline -�� _" _ _ 4.63 4.63 _. _. _ TOTAL{31.58 706 Attach bort 2: Scope of Work C) fy/r" • .03e:12 Response For Supplier:Dorame General Repair&Lawn L Event#: 110.1 Blame: Bayfmntmnwntown,Parica and Storm Water Mowing (Description: Twelve month service agreement with an option to extend for up to four(4)additional twelve(12)month periods, subject to the approval of the City Mtanager or designee for Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Specification No.SPI 168.All responses should be hand delivered to the City Hall 4th Floor Purchasing Department at 1201 Leopard Street,Corpus Christi,TX 78401 prior to the bid response,close date&time. Preview Date: Q 62:A Open Dale: Open Date: 03/04/2016 06:00:00 PM Q °:A Close Date: Close Date: 030872016 02:20:00 PM Dispute Close Date: Responded To: 1 Out of 1 Lines Total Bid Amount: 66,304.79 USD Question Responses Question Answer Attachment 1.Refer to"Instructions to Bidders"and Yes Standard Purchase Tents and Conditions before completing bid. 2.Quote your best price,F.O.B.Destination,on each item. 3.In submitting this bid,Bidder certifies that a. the prices in this bid have been arrived at independently,without consultation, communication,or agreement with any other Bidder or competitor,for the propose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer, and G the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of Ordinances,is currat and true. The Business Designation Form is required to Yes be submitted with your bid. Please upload the Business Designation Form.pdf completed form now. Mar&7,2916 ?2894 ani Pa ! 707 Event# 110-1: Bayfront/Downtown/Parks and Storm Water Mowing Question Answer • Attachment The Disclosure of Interest Form is required to be Yes submitted with your bid. Please upload the Disclosure of Interest.pdf completed form now, CERTIFICATE OF INTERESTED PARTIES- Yes Bidder agrees to comply with Texas • Cert of Interested Parties.pdf Government Code section 2252.908 and complete Form 1295"Certificate of Interested Parties"as part of this agreement. Please see attached instructions for filing.Once registration is complete,please print form,sign, notarize and attach Form 1295 here, Did you complete registration and upload a copy of Form 1295?Is the form signed and notarized? Line Responses Line 2: 7 properties: 31°58 acres X Item: GROUP lA 7 properties:31.58 acres x ROADSIDE,GROUNDS,RECREATIONAL AND PARK AREA SERVICES Quantity: 1,326.3600 UOM: AC Bid Quantity: 1,326.3600 Unit Price: 49.99000 Emended Price: 66,304.74 No Charge: No No Bid: No Vendor Item: GROUP lA 7 Properties 31.58 acres ?.ier_h 7,2016 7:28:174 t'At Page2 708 Attachment : n rance e irement INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises--Operations 3. Products Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/5500,000 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. 709 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 710 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 711 • CERTIFICATE OF INTERESTED PARTIES FORM MI5 loft Complete Nos.1.4and Mum ars Interested perdu. ,_• Off;USEONLY Complete Nos.1.2,3,5.and 6 it there aro no interested prudes. CERTIFICATION OF RUNG I Namhhe of business anNy Ild hp lone,end Ate oily,sate and eouahy of the business endg/e place CesOBoate Number. Defame Repair ZC18.19R70 corpus deist.TX United States m Date Afad: beingRed. • agencyh1 a party m the contract tehie ie form 6-- 401612016 • Cry of corpus Christi Dote Adolowledged: • 3 doseelpdon oleo goods or amvir used do by the governmental end"or staresack agency*.saor Mend-tithe eoneaet,and pratdde a � � provided under Am contract. /� Ebert.- 8I att5 • Mowing Sect.,es d . Name of h:truesad Pony Chy,State,Country(place of business) Name of Interest(aback sppvasbf, Controlling hilansodbuy Dertrme.Ramon Corpus Christi.TX United Stales X • 5 Cheek , Inhere Is NO Interested Party. ❑ 6 AFFIDAVIT I scram,or affirm,under lenity of mo p%wst the above Bed :lure Is hue and con& ioofeees:nek,..- /9.4415.0%,........... Simon Z" seen of comae::business ar„gp, ARiXNOTARY STAMP/SEAL ABOVE avow to and subsa0sd berme me.by the said ,this tte,--1.4._dgy of 20 /b ,sic rtify WWI.vane=my hand and seal of Wm. t�le'l>f Mr iVCAlmighlbo."113C APO 33. of officer a oathnew g oath lige oration adrablemetni oath Fortes provided by Tions EilliC5 Common www.eWcs.atate ours Version VI.0.34944 712 Service Agreement (--- 0s rfi Agreement No. 756 b:: BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ...\.\i4.34-moi-nol-2. 1,; 1&52 THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Dorame General Repair & Lawn ("Contractor")for Corpus Christi, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 113")which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,044.39, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" 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 Page 1 of 6 713 this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent,servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Page 2 of 6 714 Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 715 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Dorame General Repair& Lawn: Attention: Ramon Dorame 4213 Hamlin Dr. Corpus Christi, Texas 78411 Fax: 361-533-6728 Email: do-ra-me@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 716 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 717 CONTRACTOR Signature: esi-`.... ,a.........,_ Printed Name:_�9 ' Title:_ /'� "?p_ z_. Date: J—o—It CITY Of CORPUS CHRISTI Signature: Approved as to form:..- 4 Printed Name: .,.' 4 . ! CL Title: Assistgr City Attar,ey () For Ci Attorney Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: insurance Requirements Incorporated by Reference Ont: Exhibit 1: RFB No.113,RFB Bayfront Parks and Medians Turf and Grounds Maintenance Exhibit 2: Contractor's Bid Response Page 6 of 6 718 Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. :idders who answer"N" Do Not Comply s xequ*rement will be deemed.norr-xesponsive and will be eliMinated from consislexation. C=Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including,but not limited to lawn and shrub areas, flowerbeds and planters, walkways,curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases,herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 719 The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities,rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be 720 repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State,and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar 721 with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations,whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF 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 CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent 722 contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. 1V. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris,including paper,cans,bottles,bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including,but not limited to, fence lines,lawns,sidewalks,trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three(3)inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing,the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting,scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and 723 bi-weekly(approximately 8 cuts)during the non-growing season,November through February. 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles=bi-weekly 4 cycles=monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when,in the opinion of the Contract Administrator,soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway,walkway,parking area,or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees,shrubs,beds,fences,groundcovers,utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing,trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces 724 Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two(2)feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover)shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6,7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS,AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: I. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March,June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each 725 Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1)Ornamental Plant and Shrub Control (2)Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next 726 morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a$25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety 727 flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING _ - — _ 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS —" A. Bidders must have a minimum of one year(1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance { contract that is in good standing with the City and/or Company must be in business for the last two()years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated,resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number:_ 728 GROP5, Rl IrwinI ' AI H11 1li=rza 1 H--{ an,A L ., i —1 1 1-74- + --_ mas=7.--itiA I I � � \ �rcuGrounds _ 1 I aa3q' Aal�,ry --. --I —cent I 11 I 1111 "sum nTE 'ill"— ,i111-1 1111C.7):0---- j g : _IptmEr Tins *NU Ito -613 ---J-- ill Ito loos , oils vis 0 , tostti aii 11,„ 0 oral._ Ire 4.-- ... v•ii. PPP: 1,__ 3falliai:nce!telatillit Or;0$ D 1111111 IOW WO ele VAIS VA d ID NIP . 11111111 IMMO Wise iiii•oar•ill , ... alatioisitillism'ii;"-qparkipra •-1 1101 aa SOW. -- II \I-001 IOU 0 . .•• , , 03 \:::1:\taunt Trmn outs � *uui' !!m FED FSE Attachment 2: Schedule of Pricing � l ` - f `F i 1" '( ya6. WV.:" c C [ 1144%. nse1For Supplier?Dorame General Repair&i:Ca**,Ii,, -----'�" Evart : 113-t _____� Name: Bayfront/Downtown/Parks and Storm Water Mowing Descripdon: Twelve month service agreement with an option to extend for up to four(4)additional twelve(12)month periods, subject to the approval of the City Manager or designee for Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Specification No.SPI 168.All responses should be hand delivered to the City Hall 4th Floor Purchasing Department at 1201 Leopard Street,Corpus Christi,TX 78401 prior to the bid response,close date 8:time. Preview Dia: Q a A Open late: Open Date: 03 04/2016 06:00:00 PM Q f.A Close><Duae: Close Date: 03 D8/2016 03:20:00 PM IAlsptha¢tCl!nae D::e: Responded To: 1 Out of 1 Lines Total Jaid Amount: 87,670.80 USD � , lA. Yl,Responses Question Answer Attachment I.Refer to"Instructions to Bidders"and Yes Standard Purchase Terms and Conditions before completing bid. 2.Quote your best price,F.O.B.Destination,on each hem. 3.In submitting this bid,Bidder certifies that a. the prices in this bid have been arrived at independently,without consultation, communication,or agreement with any other Bidder or competitor,for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and c. the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of Ordinances,is current and true. The Business Designation Form is required to Yes be submitted with your bid. Please upload the rusiness Desigatation Fotan.pdf completed form now. A9srch 7,11M5 I 730 Event# 113-1: Bayfront/Downtown/Parks and Storm Water Mowing Question Answer Attachment The Disclosure of interest Form is required to be Yes submitted with your bid. Please upload the Disclosure of Interest pdf completed form now. CERTIFICATE OF INTERESTED PARTIES- Yes Bidder agrees to comply with Texas Cert of Interested Parties.pdf Government Code section 2252.908 and complete Form 1295"Certificate of Interested Parties"as part of this agreement. Please see attached instructions for filing.Once registration is complete,please print form,sign, notarize and attach Form 1295 here. Did you complete registration and upload a copy of Form 1295?Is the form signed and notarized? Line Responses Line 5: 11 Properties: 34.79 acres x Item: GROUP 4 11 Properties:34.79 acres x ROADSIDE,GROUNDS,RECREATIONAL AND PARK AREA SERVI t ` Quantity: 1,461.1800 UOM: AC C /41111. Bid QuantityUnit Pd Extended Pricenannop No Cbarge: No No Bid: No l 3 Vendor Item: GROUP 4 11 Properties 34.79 acres 1730//11 X)/ Mart,7.IU 1 t Page 2 7:94:07 FM 1 731 Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products; Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. 732 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 733 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 734 • CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll ConsConsdee Nea s•4 and SO there are Used penlea. compieteNos.1.2,3.S.end 6If Ihsee are no Interested pandas. OpFIt�E l F FI I Nome el baleen 7►filing tens,and the oily,alma and gooeyCER7itCAT10N OF FU of bus anew of baabnaea antltYa One t:artlBoate Number: Deanna General Repair 201649370 corpus dvist1.1x United StateDate Piled: beingMed. or. army ' a to contra. , ,r 02/16/2018 City of Corpus Christi Date Admet ed: • y melds die Hench aion number used by theevensaordr eemky or acme itrack agency to traor identity the eenoaaat,end provide a 41000001.oldie Vreerviees to be p un the Mowing tier-.9 es 4 Name of Interested Parry Nature of Interest(sheets appbaWs) • City.State,Country et business) Dottnta,Ramon Carpus Christi.TX UNoed States X • 5 Oat only Vthere IsNOInterested petty. a 8 AAtlft! I swear.or seine kinder penalty wpalmy.owe the above kewe Is By nod earn rrsv;..rea,...-,ZY9edoaeo•a—..--P esent olcontusng baldness eat y mom NOTARY STAMP/SEAL ABOVE t 'mom to andsubscribed before me.by the sale ,edethe_C_day or avyirey 20 lie t>vo on*width,witness my hand and end of office. 11 of'Seer adk�etertrta oath - name et after nein Tile et officer eenmeseatttg oath Fakes provided by Terms Ethics Commission www.ethitastate.m.us Version Vi.0.34944 735 Service Agreement 4: :;Seli* Agreement No. 755 -f BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS i MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") Is entered into by and between Texas Gulf Coast Contracting doing business as Gulf Coast Maintenance ("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 111") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $83,916.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" 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. Page 1 of 6 736 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 737 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 738 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Gulf Coast Maintenance: Attention: Willie Montez 7306 Candy Ridge Corpus Christi, TX 78414 Fax: 361-443-4876 Email: texasgulfcoastcontracting65@yahoo.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 739 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 740 CONTRACTOR Signature: ///i4 ' Printed Name: /4J/1fi /414 Title: Date: 5:/e`://� CITY OF CORPUS CHRISTI Signature: ed as fo fo'rm: Printed Name: / ‘,„. Title: Assist.nt City Att erney For dty Attorney ( J Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements Incorporatedbtu Retererace On,�r: Exhibit 1: RFB No. 111, RFB BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING Exhibit 2: Contractor's Bid Response Page 6 of 6 741 a is irr�ru��ntt J e Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Departrne:at Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N",Do Not Comply, for any requirement will be deemed non-responsive and will be.l_iminated from consideration. C =Comply N =Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways,curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 742 The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REOUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities,rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done,or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be 743 repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State,and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation,mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REOUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REOUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar 744 with and at all times shall observe and comply with all Federal, State, and Iocal laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations,whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF 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 CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent 745 contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris,including paper, cans,bottles,bags,grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including,but not limited to, fence lines, lawns,sidewalks, trees, shrubs, groundcover beds,all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three(3)inches square. Special attention shall be given to insure the removal of objects,which may cause injury,if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and ] debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and 746 bi-weekly(approximately 8 cuts)during the non-growing season,November through February. 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles=bi-weekly 4 cycles=monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator,soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway,walkway,parking area,or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees,shrubs,beds, fences,groundcovers,utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing,trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical Toppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces 747 Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two(2)feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover)shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6,7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS,AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March,June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each 748 Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1)Ornamental Plant and Shrub Control (2)Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next 749 morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one(1)working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25(twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies,a$25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents,servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety 750 flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS C 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT _A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS �+ A. Bidders must have a minimum of one year(1)continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two(2)years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially I affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi,or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated,resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: 751 • GROUP 2 AREAS1.____.- 4�►, n. / , — \ k'l. .: A. ,�. _..._-- ,._..++�srurre Medians ,. • ,risen `�` Water Garden Graanda - tEri - Chaparral Circle ----‘--- .may O Mesquite Medians l'A SMG Lot 25 - ' r__ SMG Lot 24 SMG 1111 Lot 2�s nra►1Qre Mesquite Medians- Harbour Grounds/L2; 111 pQ '_ SMG Lot 10 SMG Lo{�3 Beyhont Lot 13, Vacant Lots - Fountain v___ -----\ a: SMG Lot 8 par nuc Heritage Park �` # 1I4+ 0, Seam..,....\\ans Center/Lot.1011.1.1.1 „op� ``� 414111k �, - Chaparral Trreewelts `,4:". /.�` :7 triti... fin -rev" �l ``,, .`�` .0 .00, s Chaparral Treewells ..%. 00 if la= 11' '''""lis r1-1‘\ •``S`•♦ �\`�`'``` n>�s ����• S .:�� Chaparral heavies morgr. .' 4 P•li‘../ ' Sp 10 life la '111.---'' ima 2aOpplIPPP' 1.•>101= tOld Sayvlew Cemetery 0- L I ' ..;.% ��' v crier. ' , ' . 6 /� 0T--1 mak,., --� #: �.� �-- `; 1 Owe?WilliaMom fair I mem MO NOM ms Sr Center �f ii 7,....3r' +�e,t-rili\ 0 wini IBJ ./in"' snse ��qN �+ � mem NNW. •• s` MINIM L para � sir fir^ n�� ON0� fll�,] L.4.----Alailk r =111111 r. mrrratekamiasi 31 37 Ta a+V auxrAio ma," a t.. == duruc t' ,n ® ,risme= i a - ! una w=i = =nil,nil, .err .. .A • mi.Mi ns �r� ■11r1 amp ma m= ,_v t.c fir' TJIlillMINIII .. -- - _..,.,.r 11 I 1` �■�r �r�� mium s_ �` r :Ili 1, III, rl N 111 ` _. 1. laiLy.,r. ., -. , ..., mint rmil fTfE] I fl in ,..;,,, ,t ),4 Gty as Carew Ctvdp 752 Downtown / Bayfront / Parks GROUP 2 _ MAINTENANCE AREA LOCATION/ADDRESS AC 1 Chaparral Circle Mesquite& Chaparral 0.07 2 Chaparral St. Tree Wells 137 to Brewster 3 Harbor Playhouse Grounds 1 Bayfront Park, Chaparral St. 1.54 4 Heritage Park Fitzgerald 4.78 5 Lot 12, Vacant Lots _Mesquite St, Resaca to Hughes 1.37 6 Mesquite Medians Brewster to Hirsch, (Water Tower) 0.45 7 Mesquite Medians Hirsch to Harbor 0.44 8 Mesquite Medians Mesquite @ Museum of Sci & Hist 0.26 9 Museum of Sci & Hist, Lot 26 1900 N. Chaparral 5.30 10 Old Bayview Cemetery Ramirez & Waco 3.14 11 Oveal Williams Sr. Center 1414 MLK Dr. 1.37 12 Seaman's Center Lot 1501 Mesquite 1.06 + 13 _ SMG Lot 10 Hughes & Chaparral 2.45 14 ^SMG Lot 2 Resaca to Brewster 1.45 15 SMG Lot 21 & Triangle &AMC Tria Convention cntr. Entrance @ Hughes 1.10 16 SMG Lot 24 Brewster& Chaparral 1.02 17 SMG Lot 25 Hirsch & Chaparral 0.76 18 SMG Lot 3 Resaca to Hughes _2.40 19 SMG Lot 5 Fitzgerald to Resaca 2.22 20 TD Maintenance Yard 1709 N Mesquite 1.38 21 Water Garden Grounds _ Arts & Sci Park, Chaparral & Hirsch 4.10 22 Bayfront Fountain Park 1800 BIk N. Shoreline @ Resaca 3.30 TOTAL 39.96 753 _vent Lanae esponse tfachmenf 2o Schedule of Pricing Company: I Supplier Group: 1 Supplier Contact: I Line Details Description: Item: GROUP 2 Stem Description: 22 properties: 39.96 acres x Output Type: Blanket Quantity: 1.678.3200 UOM: AC Requested Cauvery Date: GTIN: GTIN Description: Manufacturer Code: Division: Manufacturer Number: Commodity Code' Commodity IDascription: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Line Response rN>1afo r,ination Event d: Supplier: 1232 Supplier Contact Name: Willie Monter Line Response Line d: 3 Supplier Name: Gulf Coast Maintenance Vendor Item: GROUP 2 Vendor Rema Description: 22 Properties Quantity: 1,678.3200 UOM: AC Unit Price: 50.00000 No Charge: No No Rid: No Extended Price: 83,916.00 Delivery Date: Response Comments: UOM Detail: Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products.Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. 755 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 756 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. 1. 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 757 • CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos,1-4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos.1,2.3,5,and 6 if there are no Interested parties. CERTIFICATION OF FILING • 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-49832 Texas Gulf Coast Contracting CBA Gulf Coast Maintenance Corpus Christi,TX United States Date Flied: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/04/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods or other property to be provided under the contract. Event 115 C /fir 1/j1 l Landscaping services ., 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 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 end correct. �""""'N THERESAubDUQUE . Notary Public.State of TexasI � "., E Comm.Expires 01-27-2020 ,,,` Notary ID 11101149 agenty ,, or Signature of sett zed of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE �,J� �1 Sworn//toJ)�[ __and subscribed before me,by the said I!��C-C�e e ' •`a4 2 ,this the 514 day of Ap 20 /4P ,to certify which,witness my hand and seal of office. Signature of officer administer) oath Printed name of officer admInisterl g oath Title of officer admit&tering oath Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.1021 758 Service Agreement Ce., ii c's i: `_: ;II Agreement No. 758 \---4-q-1- —"r) . STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING miss THIS STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Agreement") is entered into by and between Texas Gulf Coast Contracting. doing business as Gulf Coast Maintenance ("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING in response to the City's Request for Bids("RFB No. 115")which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $14,465.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 dpys after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 759 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. Alf of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 760 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S.mail if sent certified mail. Notice must be sent as follows: IF TO CITY: Page 3 of 6 761 City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Gulf Coast Maintenance: Attention: Willie Montez 7306 Candy Ridge Corpus Christi, Texas, 78414 Fax: 361-443-4876 Email: texasgulfcoastcontracting65@yahoo.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 762 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 763 CONTRACTOR Signature: Panted Name: a/0/k- "4 it Title: Date: Date: CITY OF CORPUS CHRISTI Signature: .ved as to tin: Printed Name: jp ltidio Title: AssistA t City Atto FortAttorney Date: &ached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements irjssrpsigted by Reference Only: Exhibit 1: RFB No.115,STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Exhibit 2: Contractor's Bid Response Pone 6 of 6 764 Attachment 1: Scope of Work City of Corpus Christi Specifications No.1104 Purchasing Department Revised 12115115 SPECIFICATIONS FOR STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING SCOPE: These specifications cover performance and general requirements for Storm Water Improved Rights-of-Way Strip Mowing for the Parks and Recreation Department. II. CLASSIFICATION: The mowing of improved right-of-way areas is undertaken in accordance with the Storm Water system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders w answer N.0.1 Comply. for any requirement will be deemed non-res.ons ve a d ;'11 . - -limina_ted from consideration. C=Comply N=Do Not Com III. GENERAL REQUIREMENTS: . A. TYPE OF WORK— Mowing shall include all unpaved areas (including medians) in the designated area right-of-ways ("work") except those areas that are designated as non-mow and/or vegetation management areas. B. EOUIPMENT—All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. The type of equipment required to mow the strip right-of-ways are flat rigid rotary mowers with a maximum cutting width of 72", riding lawn mowers, push mowers, sidewalk edgers, and string line trimmers. Blowers will be permitted to be used on the contract provided grass clippings are blown off of and away from street pavement and drainage inlets and onto the grass area between the sidewalk and curb. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City, of Corpus Christi Ordinance All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All -•ui.ment shall be a•.roved b the Contract Administrator. C. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. At no time shall lawn mowers or lawn mowing equipment be allowed upon the streets for the purpose of blowing grass off of the pavement. The Contractor shall coordinate all Work with the Contract Administrator and shall f place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests which may be required to protect the mowers and the traveling public will be furnished by the Contractor. Signs and sign stands shall be erected within a mile of the location at which work is being -- 765 done. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress and the traffic control devices do not accomplish the i intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. r— 1. Work Hours: The Contractor will confine all operations to daylight hours,sunrise to sunset. 2. Non-Work Hours: The Contractor may not store any equipment or tools on any right-of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 3. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repair or l compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. D. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and,at all times,observe and comply with all Federal, State,and local laws, ordinance and regulations, which in any manner affect the conduct of the Work and shall indemnify and save harmless, the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all !!! notices necessary to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST l ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS 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 j CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY 766 OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. IV. PERFORMANCE REQUIREMENTS: A. Mowers shall be adjusted for a cutting height of approximately three inches and adjusted, as needed so as not to scrape or scour the grass to bare dirt. B. All mowing equipment shall be equipped with sharp blades so as not to tear,but cleanly cut the blades of grass. C. If awarded,the Contractor shall remove all litter from the entire site prior to initiating any mowing and/or trimming. Litter is defined as visible trash larger than 3" square and shall include paper, cans, bottles, boxes, plastic, palm fronds and all other trash that may be carried into the drainage system with a heavy rain. Litter shall be placed in suitable containers and transported to the landfill for proper disposal. Disposal of the litter, including all costs charged at the landfill, are the Contractor's sole responsibility. 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Groups 3 must be cut twice a month growing season for March through November and monthly during the non- growing season, December through February. Total of 21 cycles per year. Cycles are 1S' thru the 14`h and the 15`h thru the last day of the month. D. The Contractor shall mow the area between the curb and sidewalk and the area between sidewalk and fence up to the property line. If a fence is not present,the Contractor shall mow from the sidewalk to the telephone poles or three feet past the sidewalk or property line if clearly defined. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees,plants,shrubs,fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the rights-of-way. E. Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. Contractor shall trim along fence lines, which are within the ROW, or at the property line. All hand trimming shall be done concurrently with the mowing operations. In the event the Contractor is not permitted to trim an area due to an Ozone Action Day,the Contractor will be required to return to the area to complete the trimming as required after the designated Ozone Action Day. 767 F. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be edged on both sides to concrete edge. Use of string line trimmers for edging is permissible. Mechanical edging is permitted to cut back excessive overgrown areas. All edging shall be done concurrently with the mowing operations. G. Any large debris, including, but not limited to, tree limbs, tires, rocks, lumber,mattresses,etc.,shall be removed by the Contractor. H. Any large objects, including,but not limited to, furniture, appliances and massive dump sites etc. which are too large to set aside, shall be mowed around until removal is coordinated by the City. However, the Contractor will be required to mow as close as possible to the large object and to trim any high weeds adjacent to the large object. The Contractor shall be responsible for promptly notifying the Contract Administrator of the large object and its location and coordinating the rescheduling of mowing the uncut area with the Contract Administrator. I. Care shall be taken to prevent discharge of grass clipping onto paved surfaces such as streets, sidewalks and gutters. All grass clippings discharged onto sidewalks, curbs, gutters and the street will be removed by the Contractor at his own expense. The Contractor will be required to broom sweep, rake or blow the grass clippings from the sidewalk, curb, gutter or street. Contractor is expressly prohibited from using a lawn mower to remove grass clippings from streets or curbs. Intentionally sweeping or blowing grass clippings into the streets or gutter is prohibited. Grass clippings are to be removed on the same day as the cut. Leaving grass clippings on paved surfaces overnight is prohibited. J. Sidewalks, curbs and gutters, which have an excessive amount of overgrowth of vegetation, shall be completely cleaned. All grass, dirt and/or mud shall be removed from sidewalks,curbs and gutters to leave a clean concrete finish. The contractor shall remove by mechanical means, all grass and weeds growing in paved areas between the curb and asphalt. K. The Contractor shall be required to follow the work scheduled Monday thru Friday. Working on Saturday will require approval by the Contract Administrator. Request to work on Saturday shall be submitted to the Contract Administrator not later than 12:00 p.m., Friday prior to that weekend. The work will be scheduled during daylight hours. L. Contractor shall observe Ozone Action Days by only using diesel or reformulated gas powered mowing equipment clearly labeled stating the type of fuel being used on those days. No gasoline-powered equipment will be allowed to be used on Ozone Action Days. M. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. Signs must be placed within 1 mile of working area. Signs, sign stands,safety flags,and other safety materials shall be kept in good condition. N. Contractor shall be required to have Insurance before activities can begin under this Agreement. Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage's. Contract Administrator will be given at least 30 days' notice of cancellation, material change in coverage's, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. Coverage must include those types of insurance at the minimum insurance coverage levels as specified in"Insurance Requirements"in this bid. 768 • V. RESOURCES A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. VI. BIDDERS PROFILE AND QUALIFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Right of way mowing, or hold a maintenance contract that is in good standing with the City and/or company must be in for the last two(2)years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: E. Bidder shall provide three (3) client references for which the same services have been provided. This information will be used to determine the extent to which the Bidder is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Bidder. 769 VII. NOTIFICATION AND INSPECTIONS 1. Each Monday morning prior to 8:00 a.m., the Contractor shall email to the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper,prior notification. 2. When a location is completed,the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within (1) working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have (1)working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies)missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. 4. The City shall have the right at all times to examine the supplies,materials and equipment used by the Contractor,its subcontractors,agents,servants,and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract.Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. VIII. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. WV. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials,devices and safety vests are required to protect the mowers and the traveling public. X. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass,mulched areas, broken signs, and any other defects or hazards. 770 06 ROW Strip Mowing Contract (Improved Group 3 Legend II Group !D ' G3-07' G3-14 G3-01 (deleted) G3-08 G3 -14A G3-02 G3 -O0 G3-15 G3-03 G3-10 G3-18 03-134 03-11 G3-17 03-05 G3-12 G3-16 03-06 63-13 G ROUP 3 Acreage G3.2 Alarneda Terrace 5800 Alameda N.side _ __ - _0.44 _ G3-4 Lura Triangle 700 Airline Rd. @ turn Ave. 0.18 G3-5 S.Staples Strip 4500 S.Staples West side @ Collingswood 0.21 G3-6 Mustang R.O.W. Mustang Trail from Golihar to S.Staples 0.21 G3-8 McCall Strip McCall,north side from Reid to Alameda 0.35 ' G3-10 Texas Triangle .Texas and Swantner 0.33 G3-12 Doddridge Doddridge,n.side, Pope to Fort Worth w/islands 0.14 G3-13 Weber Weber,north side,from Staples St.to Linden 0.31 j G3-14 Kostoryz i Kostoryz,b/sides from S.Staples to Brawner Pkwy 2.38 ' G3-14a Kostoryz Kostoryz, both sides from Holly to Saratoga 3.59 j1 From Gollihar to Harris on E/Side of Carroll Ln.; G3-15 Carroll Lane R.O.W. from Tweet to Tiger Ln.on W/Side,S.of SPID 0.50 G3-16 Golihar R.O.W. Gollihar, N.side from Carroll Ln.to Hamlin. 0.85 G3-17 Par:tdale Madian Whataburger Way to Marie(6 Medians) 0.66 1 G3-18 Staples Strip Annapolis to Browner-West side only 2.38 TOTAL ACRES! 12.53 772 Attachment 2: Schedule of Pricing Event Line Response Company: 1 Supplier Group: 1 Supplier Contact: 1 Line Details Description: Item: STORM WATER GROUP 3 Rem Description: 14 P P � roperties:' 12.53 acres x Output Type: Blanket Quantity: 263.0000 UOM: AC Requested Delivery Date: GTIN: GTIN Description: Manufacturer Cade: Division: Manufacturer Number: Commodity Code: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Event#: 115-I Supplier: 1232 Supplier Contact Name: Willie Montez Line Response Line #: 7 Supplier Name: Gulf Coast Maintenance Line Response Information Vendor Item: STORM WATER GROUP 3 Vendor Item Description: 14 Properties Quantity: 263.0000 UOM: AC Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 14,465.00 Delivery Date: Response Comments: UOM Detail: Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. 774 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 775 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 776 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-49632 #i Texas Gulf Coast Contracting DBA Gulf Coast Maintenance Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency t`at is a party to the contract for which the form Is 05/04/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods or other property to be provided under the contract. Event 115 ^" C tf2A I"it I Vit' j 6 /•1,� Landscaping services " 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only If there is NO Interested Party. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct. ''"""% THERESA DUQUE .i.14*,til Notary Public.State of Texas ?' }P Comm.Expires 01-27.2020 i Titer / '.aO,(,`,E,r Notary iD 11101149 Signature of auth:ized agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVEtAj14794'41e- Sworn Sworin to and subscribed before me,by the said �/`� this the ��_day of! y 20 f ,to certify which,witness my hand and seal of office. • ✓ isc.. L/ i1►1.� tht!(// Signature of officer edminisleri oath Printed name of officer admintsterl.g oath Title of officer admlMstering oath - www.ethics.state.tx.us provided by Texas Ethics Commission ww.ethics,state.tx.us Version V1.0.1021 777 $ rvice Agree 'lent B � � Agreement No, 754 gBAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING 185E THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement")is entered into by and between La Med Facility Maintenance ("Contractor")of San Antonio, Texas, and the City of Corpus Christi, a Texas home-rule • municipal corporation("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor hos bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 112") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "A". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $22,083.60, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods ore provided or services are completed, as required or a correct invoice is received,whichever is later. Page 1 of 778 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Contract Administrator Phone and Email 361-826 1Christi,Texas 78469-9277 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method,and under no circumstances or conditions may any agent,servant or employee of Contractor be considered on employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law, This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 _ _ 779 11. Subcontractors. Contractor may use subcontractors in connection with the 1 Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. in using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However,the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S.mail if sent certified mail. Notice must be sent as follows: IF TO CITY: Page 3 of 6 780 City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax:361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: La Med Facility Maintenance: Attention: Edward Tijerina 204 Bobcat Bend San Antonio,Texas 78238 Fax: 210-310-3226 Email:lamedfm@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 781 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 782 CONTRACTOR Signature: . Printed Name: 'jical Title: r �� Date: 6 PtvP f• CITY OF CORPUS CHRISTI Signature: Printed Nome: Title: Dote: Attached: Attachment A:Scope of Work Attachment 8:Schedule of Pricing Attachment C: Insurance Requirements IncmgQrate t Rei _ne Qn Exhitit 1:RFB No. 112, RFB BAYFRDNT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MDWING Exhibit 2: Contractor's Bid Response Page 6 of 6 783 ATTACHMENT"A"-SCOPE OF WORK City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer"N" Do Not Co ply, for any C=Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including,but not limited to lawn and shrub areas, flowerbeds and planters,walkways,curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases,herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. 784 The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities,rentals or special events. 3. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he'she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be 785 repaired or compensated by City forces at the Contractor's, expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State,and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. _ E. OZONE WARNING DAYS: - —_ 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation,mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and _ received permission to proceed with work order. F. SECURITY REQUIREMENTS: _- ___ - - 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract I. Administrator. _ _. _ G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which j might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. _ _ __; H. LEGAL REOUIREMENTS: 1__________ 1. Laws to be Observed: The Contractor shall make himself familiar I 786 with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations,whether by himself or by his employees. 2. Permits, Licenses. Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF 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 CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent 787 contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper,cans,bottles, bags,grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including,but not limited to, fence lines, lawns,sidewalks, trees,shrubs, groundcover beds,all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three(3)inches square. Special attention shall be given to insure the removal of objects,which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting,scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group IA must be cut weekly (approximately 34 cuts) during the growing season, March through October and 788 bi-weekly(approximately 8 cuts)during the non-growing season,November through February. 2. Cycles descriptions are listed below: Growing Season(March through October) 34 cycles=weekly 17 cycles=bi-weekly 11 cycles=monthly Non-growing Season(November through February) 8 cycles=bi-weekly 4 cycles=monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator,soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway,parking area,or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees,shrubs,beds, fences,groundcovers,utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing,trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical toppers to give a clean cut. C. WEED CONTROLS — 1. Hard Surfaces 789 Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two(2)feet of said areas. 2. Beds and Groundcovers—Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover)shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6,7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications,prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March,June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each 790 Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1)Ornamental Plant and Shrub Control (2)Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data • Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next 791 morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one(1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected,the Contractor will be notified and a$25(twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies,a$25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a Iocal decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors,agents, servants,and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS I. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety 792 flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year(1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two(2)years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated,resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: 793 WONY•mit'11,1r". N. '''.0 111......17:60.' r** t %t 1.r."..1 j I GM edi.f.a#i GROUP 3AREAS • ritoll l'4* Fg, FG,de.ffsprthousc, , 0 L ,_,.... _.,........, SisterCqy an A 4,, ,r n 44P•.. i • GatewsWafedlanslA9 /.. ,:- Ali Gat - A.1-"R. - (2 ---2 .1. 11. ii ii n 111.1110-,,,ma- - 137 Eas- - mr...... . Gateway Medians#4 11111.1 WV .r . sums war , rnols. I. -- .„...! iiill‘-- 4, ii, --- • 4!„,..• i ...it, ,___, " )mom Artesian ..m.IN 1 i i 1•Ei t 0.1.ma .....= 4. am min: saw air- Ao 0 4 moixas--- 'q raio:( Bra 9: y,: ..)1___i an...as. immi P-7 ii Imo Imp 10 „as ; MU ris sow min:ME t- mi 1 ..-, :11 MM. ON IlliMiet ME nun 0 INIMM RIM 'MIME ...a lim... WWI UM "I IIII= i an am. me li aim ?I- i _,,,i offw.in" Ns mini En • , , 1,,,wm-- no 3 i=II MIN I 11 am! : ' ditStaYlkiff#2 r j 1 0 III!NMI dej III l•11.1 i MIN MIN MI 1111 IOW M-.V 1 I III 1111111MI NIMI MIMI NM III 1161 r,, iv/ : • • Bluf I 03 , nom now Mal NM II Mil !1 -.nail ' am L____i_l e n. 1111•1 III=NM NM MIMI 74.a.- - -- ..V.I.' rigniii .7 1+II L.'. I '''''`,. • I I ' MN i WM aim 4 v —,---,—, ..... 111,:= 111111N1 11111°— '---1—' ,''"-----: ',time' • 'Mama. OMIIIIIIII lib; :':.11................., ill j) . 1.-' ----- !. 911•111 r --mrswht.. , %iv • ,..,..,, , ..... . r-ir °Ili c' ag - 0 0 sea.% ,,,.... I -' 11,111.1111, :t . ::trqiiiirff la I 0 ) URN MIN MN. %kr ORM MN MN EMI MB II I IIII MN 111111111 . - ii Inn NMI MIMI MN MN alini ( , & num ism NMI- Min ION 1 111.11Mal .== 1 leillim. pli 41;11/4 SP°hn • *4%, / am BIM MIR NMI ,UM Mil ME IlliiNg ......, /1Q1 mis.,.., ......,,,...., 1 I . NM min I am mow / tl itSt Imo arm -NM MIR , .. . I 775":13P I 1'6101 letak firCiars%th.......818Y Mina ri toc .1121111'. ==OCOOP... IS Alley Planter gest ,!till 1,0.00 Lift:raj ..... , .....— NM MON 1..................... L:o-j;;:!.i. Wall i 1 m ii I ill till i 4 i it Mil ail IIIr'' 41.111 00.00 1 ' . 1 NM To,9. *ft ,88111171411,:iens liap 0 Mali Coopers'Alley Planter-West - =MI e:,--,., ,< i f 'i -'• ,..-..,, grissa.„01 awn__ mom. 610 iirliAl •.1 ing ...... „inn. .,,,,,:, ... ., .., ........... , . ,....,_ - „------ ei,...., ...,..,, , r . ,,,,„,.. ...1 ,,,-... ••., .• s Noissis i - ,100 esularal _ _wow -.ow ...--.• •-••• irritv- : • • ay EMS -, raw' ONO ,s • •- • i/ . - III'S jail' 0111 4,.......0°' WO ....,,11111 aig .00101" - IIIIIII 1111, i''''•'w ,.. .)_ ai. oil I.., 00 so ago oixii ,.. IA llllllllllllll tiliV1111\1\11111, ... 11,1,11,1,\\\,,, , ......--,... or _ ' / • 1 v„,,,, , ow-- '1.--'----11---i ril .... , 794 _ Downtown_ /Bayfront 1 Parks _ r GROUP 3 I MAINTENANCE AREA TLOCATION/ADDRESS H ..__1__ . Artesian Park _ _ Chaparral&Twp W .04 2 Lower/Upper Broadway Bluff#1 Taylor to Buffalo ±30°slope) _ �. ---� ( _ 0.__ . 3 Lower/Upper Broadway Bluff#2 Buffalo to Antelope(±30°slope) o, 22 1 _ 4 Lower/Upper Broadway Bluff#3 Antelope_to Leopard (±30°slope) w '+ 0,25 5 Lower/Upper_Broadway Bluff#4 _Leopard to Lipan(±30°slope} W �o o" 6 Lower/Upper Broadway Bluff#5 Lipari to Mesquite(±30°slope) 0.481, 7 Lower/Upper Broadway Bluff#6 YMCA Complex to Park (±30°slope) , 0.47 _ 8 Cookers Alley Planter East-�� Cookers Alley East of Mesquite � o.a2 9_ Coo•ers Alley Planter W est Coopers Alley West of M__esquite _ _� op 10 Gatewa Medians#1 water to Shoreline _ '0.05 _- 11 Gateway Medians#1 a Water to Shoreline(side_walk easement) 0.02 12 ._ _ Gateway Medians#2 Charral to Water 0.19 _ 13 Gateway Medians#3 Mesquiteto.C_ha_parral__ w0,64 GatewayMedians#4 1-4/181 to Mesquite o.41 15 Federal CourthouseChaparral- - -- Behind courthouse, to Water 1.30 16 La Retama Parke - _ - _ _ �.. ._._ 500 Mesquite ...___ 0.50_ 17 Mann St. Parking Lot 9800 Block Mesquite 1.55 18 1137 Easement 137, Mesquite to Chaparral 0,13, 19 Sister Ci Median 137 Mesquite to Cha anal r 0.72 City q _�-__ 20 _ JSPohn Park -_____ __ .__.. _213 Mesquite __ __ o.e3.1 __ �. __ .W- _ . ._...._ TOTAL a.es i 795 Event Lie Response TTAC NT "W Company: 1 Supplier Group: 1 Supplier Contcet: 1 Line Details Description: Item: GROUP 3 Quantity: 401.5200 CTIN: Monufacturer Code: Commodity Code: Enter Line Response Information Event #: 112-1 Supplier: 1355 Supplier Contact Name: Edward Tijerina a ne Response Line #: 4 Supplier Name: La Med Facility Maintenance Item Description: 20 Properties: 9.56 acres x Output Type: ype: Blanket UOM: AC Requested Delivery Date: GTINDescription: Division: Manua eturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES CO rn Vendor Item: GROUP 3 Vendor Item Description: 20 Properties: 9.56 Acres Quontity: 401.5200 UOM: AC UOM Dr.+111: Acres Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 22,083.60 Response Comments: 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 Riik Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on an certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. • 797 IL 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; s 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 798 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 799 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. _OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if the;a 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. 1.--01/4-Mai -tot('ktilt -t_ kA: '1( ) vJk 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the a contract, and provide a description of the goods or Services to be provided under the contract. (o ki' -d,- 1 61' - 41 Name of Interested Party City,State,Country Nature of Interest(check applicable) (place of business) Controlling Intermediary El n El ❑ - __ ❑ 5 Check only if there is NO Interested Party. El _ El Y ❑r • • 6 AFFIDAVIT I swear,or affirm,under natty of perjury,that the above disclosure Is true and correct. r t Perez*. C r x• 09dt3r Slgn ure o aulhori2 agent of contractinIDNo.130454425 g business entity _ ' Sworn to and subscribed before me.by the said %.;C16 c) 1c-e fJ hCG of 0. ` this the M Si day Zrkeiedieel ___ — 20 1(e� to certify whit ,witness my hand and seal of office. Sig officeminisn oathN m`1 er% drain 9 rented name of officer admin'siering oath Title of officer administering oath T -... • V _ m��N!` ADD ADtJTIONAL PAGES AS NECESSARY W 800 Service Agreement c�ovs ,, Agreement No. 757 STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING 185'2 THIS STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Agreement") is entered into by and between La Med Facility Maintenance("Contractor")of San Antonio, Texas, and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING in response to the City's Request for Bids ("RFB No. 114") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits" 1 and 2 "; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING "Services" ( )in accordance with this Agreement and the Scope of Services as shown in Attachment "A ". I � 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and . the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $15,400.00, subject to authorized extensions and changes. Payments 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. Page I of 6 801 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee #' ("Contract Administrator") as follows: Contract Administrator Name Patrice Aubert Contract Administrator Department Park and Recreation Contract Administrator Address PO Box 9277 Corpus Christi, Texas 78469-9277 Contract Administrator Phone and Email 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 such contract item as 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 waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, • Texas. Page 2 of 6 802 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days' written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to Contractor. However,the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 803 IF TO CITY: _ 1 City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: La Med Facility Maintenance: Attention: Edward Tijerina 204 Bobcat Bend ( San Antonio, Texas 78238 Fax: 210-310-3226 Email: lamedfm@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF 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, 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 AND REGARDLESS WHETHER THE INJURIES, DEATH, LOSS, 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. 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 Page 4 of 6 804 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. 19. 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 RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 805 CONTfiiACfi,DN Sianc7}urev _________ Printed Name `? R_ �� `� . 5:1t}-1(:-) Date: . m _ ci r CHi 1ST1 Sigrtciurte: _. Printed adorn: 3iiIF. Dote Attachment A: Scope of Work, Atiachrne:ri i?: Schedule of Pricing Attachment C: insurance Requires.3i pis ExhiLbii PrB No. 114, PrB SR-5-RM WATER IMPROVED RIGHTS-OF-IWA RIP l',40WING STRIP Exhibit 2: Contractor's Bid Response 3t 806 ATTACHMENT'A" City of Corpus Christi Specifications No. 1104 Purchasing Department Revised 12/15/15 SPECIFICATIONS FOR STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING SCOPE: These specifications cover performance and general requirements for Storm Water Improved Rights-of-Way Strip Mowing for the Parks and Recreation Department. II. CLASSIFICATION: The mowing of improved right-of-way areas is undertaken in accordance with the Storm Water system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Aidde s who answer"rp", figg 3gsa&cmai + . nonrres�nun iv an ' e1itpinat. .. om consideration. C=Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK— Mowing shall include all unpaved areas (including medians) in the designated area right-of-ways ("work") except those areas that are designated as non-mow and/or vegetation management areas. B. EOUIPMENT—All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. The type of equipment required to mow the strip right-of-ways are flat rigid rotary mowers with a maximum cutting width of 72",riding lawn mowers, push mowers, sidewalk edgers, and string line trimmers. Blowers will be permitted to be used on the contract provided grass clippings are blown off of and away from street pavement and drainage inlets and onto the grass area between the sidewalk and curb. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. SAFETY REQUIREMENTS: -- '� 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. At no time shall lawn mowers or lawn mowing equipment be allowed upon the streets for the purpose of blowing grass off of the pavement. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests which may be required to protect the mowers and the traveling public will be furnished by the Contractor. Signs and sign stands shall be erected within a mile of the location at which work is being done. The contractor will be responsible for the maintenance or 807 --- in�-replacement of these items as necessary. If at any time work is _ progress and the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 1 1. Work Hours: The Contractor will confine all operations to daylight ��� - - hours,sunrise to sunset. 2. Non-Work Hours: The Contractor may not store any equipment or I tools on any right-of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 3. Protection of Property: The Contractor sha ! take proper measures to _ - `R"_____ protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repair or , compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. D. LEGAL REQUIREMENTS: __ __ --.___. ____-- 1. Laws to be Otiaserved: The Contractor shall make himself _arniliar -_— -- —_ with and,at all times,observe and comply with all Federal, State, and local laws, ordinance and regulations, which in any manner affect the conduct of the Work and shall indemnify and save harmless, the City 3 and its representatives against any claim arising from the violation of 1 any such law, ordinance or regulations, whether by himself or by his 1 employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all _________ _ permits and licenses, pay all charges, fees and taxes, and give all notices necessary to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidies to the various bid items of this contract 3. Responsibty for Damage Claims: 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 'I F DEAT!:I, ]PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE Cr" ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES W LICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TUE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED O+6 ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF I INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST AT __________ 808 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 OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. IV. PERFORMANCE REQUIREMENTS: A. Mowers shall be adjusted for a cutting height of approximately three inches and adjusted, as needed so as not to scrape or scour the grass to bare dirt. B. All mowing equipment shall be equipped with sharp blades so as not to tear,but cleanly cut the blades of grass. C. If awarded, the Contractor shall remove all litter from the entire site prior to initiating any mowing and/or trimming. Litter is defined as visible trash larger than 3" square and shall include paper, cans, bottles, boxes, plastic, palm fronds and all other trash that may be carried into the drainage system with a heavy rain. Litter shall be placed in suitable containers and transported to the landfill for proper disposal. Disposal of the litter, including all costs charged at the landfill, are the Contractor's sole responsibility. 1. Turf shall be mowed to a height of three (3) Inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Groups 2 & 3 must be cut twice a month growing season for March through November and monthly during the non-growing season, December through February. Total of 21 cycles per year. Cycles are 1 gh thru the 14th and the 15th thru the last day of the month. D. The Contractor shall mow the area between the curb and sidewalk and the area between sidewalk and fence up to the property line. If a fence is not present, the Contractor shall mow from the sidewalk to the telephone poles or three feet past the sidewalk or property line if clearly defined. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees,plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the rights-of-way. E. Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. Contractor shall trim along fence lines, which are within the ROW, or at the property line. All hand trimming shall be done concurrently with the mowing operations. In the event the Contractor is not permitted to trim an area due to an Ozone Action Day,the Contractor will be required to return to the area to complete the trimming as required after the designated Ozone Action Day. 809 F. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be edged on both sides to concrete edge. Use of string line trimmers for edging is permissible. Mechanical edging is permitted to cut back excessive overgrown areas. All edging shall be done concurrently with the mowing operations. G. Any large debris, including, but not limited to, tree limbs, tires, rocks, lumber,mattresses, etc., shall be removed by the Contractor. H. Any large objects, including,but not limited to, furniture, appliances and massive dump sites etc. which are too large to set aside, shall be mowed around until removal is coordinated by the City. However, the Contractor will be required to mow as close as possible to the large object and to trim any high weeds adjacent to the large object. The Contractor shall be responsible for promptly notifying the Contract Administrator of the large object and its location and coordinating the rescheduling of mowing the uncut area with the Contract Administrator. I. Care shall be taken to prevent discharge of grass clipping onto paved surfaces such as streets, sidewalks and gutters. All grass clippings discharged onto sidewalks, curbs, gutters and the street will be removed by the Contractor at his own expense. The Contractor will be required to broom sweep, rake or blow the grass clippings from the sidewalk, curb, gutter or street. Contractor is expressly prohibited from using a lawn mower to remove grass clippings from streets or curbs. Intentionally sweeping or blowing grass clippings into the streets or gutter is prohibited. Grass clippings are to be removed on the same day as the cut. Leaving grass clippings on paved surfaces overnight is prohibited. J. Sidewalks, curbs and gutters, which have an excessive amount of overgrowth of vegetation, shall be completely cleaned. All grass, dirt and/or mud shall be removed from sidewalks,curbs and gutters to leave a clean concrete finish. The contractor shall remove by mechanical means, all grass and weeds growing in paved areas between the curb and asphalt. K. The Contractor shall be required to follow the work scheduled Monday thru Friday. Working on Saturday will require approval by the Contract Administrator. Request to work on Saturday shall be submitted to the Contract Administrator not later than 12:00 p.m., Friday prior to that weekend. The work will be scheduled during daylight hours. L. Contractor shall observe Ozone Action Days by only using diesel or reformulated gas powered mowing equipment clearly labeled stating the type of fuel being used on those days. No gasoline-powered equipment will be allowed to be used on Ozone Action Days. M. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. Signs must be placed within 1 mile of working area. Signs,sign stands, safety flags, and other safety materials shall be kept in rood condition. N. Contractor shall be required to have Insurance before activities can begin under this Agreement. Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage's. Contract Administrator will be given at least 30 days' notice of cancellation, material change in coverage's, or intent not to renew any of the policies by certified mail, The City must be named as an Additional Insured. Coverage must include those types of insurance at the minimum insurance coverage levels as specified in"Insurance Requirements"in this bid. 810 V. RESOURCES A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of e•ui•ment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work ass ified. VI. BIDDERS PROFILE AND QUALIFICATIONS A. Bidders must have a minimum of one year(1) continuous experience in Right of way mowing, or hold a maintenance contract that is in good standing with the City and/or company must be in for the last two 2 ears. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in lid::tion with the Ci durin_ the last 5 ears. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: E. Bidder shall provide three (3) client references for which the same services have been provided. This information will be used to determine the extent to which the Bidder is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Bidder. I VII. NOTIFICATION AND INSPECTIONS 811 1. Each Monday morning prior to 8:00 a.m., the Contractor shall email to the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without .ro.er, •rior notification. 2. When a location is completed,the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within (1) working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection inspection. At that time the Contractor shall havworking day to complete the work. If the discrepancies still have not been corrected,the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the .a ent to be made to the Contractor for that c de of maintenance. 3. All areas have a 10%penalty for unsatisfactory or incomplete work. A 10%penalty be applied to the invoice total for incomplete cycles. Incomplete cyclepayment will adjusted to reflect the property(ies)missed based on the averagepricepercc The will be % penalty will apply to the adjusted invoice total. g 10�° 4. The City shall have the right at all times to examine the supplies,materials and equipment used b the Contractor,its subcontractors,a ents,servants and em.to ees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the 'Contractor is in default of the contract, unless such directives wouMAINTENANCE ersonal in'ury or safe hazards. VIII. HOURS FOR 1• Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be a. 'roved b the Cit . VIV. TRAFFIC CONTROL RE I UmEMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the travelin, .ublic. X. SITE DEFECTS I. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins,or depressions in turf grass, mulched areas,broken signs, and any other defects or hazards. 812 • ... 1s.7ri `":, k"t°'rbx r t _)..,..-- ..a3Lt,"..0 nr..,,a.Vs virerAd y i:V a it x - , -r x I. Jr/ . . IN di {iv. Inv 11 _• •Ir n . Ikl 41, 1 at lip h1 ._ _ .._ _ I _ _ ...... 17." d O s Eall lIll,IllIlllo yw T1 v .--.49&\41.• v O h m r CO Ce N C N A N N N N Nr; 0 II 1 . T ® N N N N N N 1 sowV c 4 ! a 43 4 I 03 r. ' IL I s s J ® E OC )1k, AI 813 - _ GROUP 2 Acreage 102-1 Greenwood R.O.W. W/Side of Greenwood from Gollihar to Westpoint 0.27 I G2-2 Ayers Strip South side of Ayers, Home Rd.to Fannin 0.84 G2-4 Vanderbilt Entrance Ayers St.&Roosevelt Dr.and circle at Ellis and W. 0.14 G2-5 Clark Circle Clark&West Clark, 110 Vanderbilt, Normandy&CI 0.32 G2.6 Ramsey Median Brawner Pkwy. To Home Rd. 0.50 G2-7 Home R.O.W. Ramsey to Ayers on East side of Home Rd. 0.11 102-8 Sacky Dr. R.O.W Sacky, S.side, Wharton to Bowie St. 0.22 02-9 Reid Triangle Corner of Reid &2700 Alameda 0.14 'G2-10 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73 02-12 Brownlee South corner of Staples and Brownlee 0.07 02-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar Colles 0.21 02-14 Greenwood R.O.W. Holly to the Wal-Mart Road,both sides 1,54 G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk W/Si. 0.12 G2-15 West Point Columbia-Greenwood East South Side G2.16 Calle Cuernavaca 0. Saratoga-Dead End East/West Side 0.596 G2-17 Calle Las Colonies Saratoga-Dead End West Side G2-18 Greenwood 0.43 r Holly-Saratoga Both Sides(Measured Portions) 0.73 02-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 TOTAL ACRES 13.36 814 Event Line Response ATTACHMENT "B" Company: 1 Supplier Group: 1 Supplier Contact: I Line Details Description: Item: STORM WATER GROUP 2 Quantity: 280.0000 GTIN: Manufacturer Code: Commodity Code: Line Response Information Event #: 114-I Supplier: 1355 Supplier Contact Name: Edward Tijerina Line Response Line #: 6 Supplier Name: La Med Facility Maintenance Item Description: 18 Properties: 13.36 acres x Output Type: Blanket UOM: AC Requested Delivery Date: GTIN Description: Division: Manufacturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES CO "' Vendor Item: STORM WATER GROUP 2 Vendor Item Description: 18 properties: 13.36 Acres Quantity: 280.0000 UOM: AC Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 15,400.00 Delivery Date: Response Comments: UOM Detail: Acres ATTACHMENT"C" INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. 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 Parks and Recreation Department, one (I) 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 Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $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. 816 II. ADDITIONAL REOUIREMENTS 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 817 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 Parks and Recreation Department City-Wide Mowing Contract 12/15/2015 ds Risk Management 818 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY 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. ( SG'‘ hktrn t orry L Q, C \c i oc t 1t i (\`a h .k,A% 1 cw L.) 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. _ u 3 Provide the identification number used by he governmental entity or state agency to track or identify the contract, and provide a description of the goods or ervices to be provided under the contract. Cori hr " 151 Name of Interested Party City,State,Country Nature of Interest(check applicable) (place of business) Controlling _ „. ......... Intermediary El C ❑ ❑ E Li ._ _ - p _. ___ _______ _ _ ❑ ❑ E. _ _ _ ❑ 5 Check only if there is NO Interested Party. Er --— 6 AFFIDAVIT I swear,or affirm,under natty of perjury, that the above disclosure is true and correct._ t*'' t+A1f1etR61N]G�11: ' Ally saietakaW 01/1312020 Sign urea authoriz agent of contracting business entity ID No.12046$428 Sworn to and subscribed before me,by the said W ceu C(ct v %-e•r i fjv , this the 15+ day of e3O\- _,20 k(, ,to certify whict,witness my hand and seal of office. 11 uJ/ ? L. P-efi i ftCiykrvy ft hir Sig•a , =of cfficer7.minister ng oath 'ranted name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY _v� _._- _o-_________--- 819 820 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Dan Grimsbo, Interim Assistant Director Utilities DanG(c�cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager MariaPe(c�cctexas.com (361) 826-3176 Sodium Permanganate Supply Agreement CAPTION: Motion approving a Supply Agreement with Carus Corporation, Peru, Illinois, for approximately 720,000 wet pounds of Sodium Permanganate in accordance with Bid Invitation No. 118, based on the lowest, responsive and responsible bid for a not to exceed amount of $878,400.00 of which $219,600.00 is required for the remainder of FY 2015-2016. The term of the agreement shall be for one year with an option to extend for up to two one year terms, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2015-2016. PURPOSE: Sodium Permanganate is a chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. This chemical helps to treat the algae that are incoming on the source waters and also present in the pre -sedimentation basin. BACKGROUND AND FINDINGS: Sodium Permanganate was not on a previous contract. Due to an outbreak of algae on the pre -sedimentation basin and source waters, the O.N. Stevens Water Treatment Plant began feeding Sodium Permanganate for control. The City is currently purchasing product under an emergency purchase order. ALTERNATIVES: Without the use of this chemical the treated water has the potential to have algae present in the distribution system. This could result in loss of chlorine residuals and promote bacterial growth through the distribution system. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,793,426.02 $658,800.00 $5,452,226.02 Encumbered / Expended Amount $2,844,158.96 $0 $2,844,158.96 This item $219,600.00 $658,800.00 $878,400.00 BALANCE $1,729,667.06 $0 $1,729,667.06 Fund(s): Water Fund Comments: The $219,600.00 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $658,800.00 for the last nine months of the agreement will be requested during the normal FY 2016-2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION EVENT 118 SODIUM PERMANGANATE Recorded by: Jamye Clark TOTAL: $878,400.00 $888,984.00 $936,000.00 $1,130,400.00 No Bid Carus Corporation Peru, IL Brenntag Southwest, Inc. Houston, TX F2 Industries, LLC Nashville, TN Shannon Chemical Corporation Malvem, PA Ferguson Corpus Christi, TX Item Description Qty. Unit Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price 5.0 40% Solution Sodium Permanganate 720,000 WB $1.22 $878,400.00 $1.23 $888,984.00 $1.30 $936,000.00 $1.57 $1,130,400.00 TOTAL: $878,400.00 $888,984.00 $936,000.00 $1,130,400.00 No Bid Agreement No. 746 SODIUM PERMANGANATE THIS diemP�rmanaanate Sua iy Agreement 1"Agreement') is entered Into by and between Coro _Coyporatiorl ("Supplier), Peru, Illinois and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City"), effective for all purposes upon execution by the City Manager or designee ("Cily Manager"). WHEREAS, Supplier has bid to provide Sodium Permanganate In response to the City's Request for Bids ("RFB No. 118") which RFB with any related specifications, and bid response, are Incorporated by reference Into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Supplier lo be the lowest, responsive, responsible bidder; NOW, THEREFORE, Supplier and City enter into this Agreement and agree as follows: 1. Scope. Supplier will provide isagium Pv.rmomanate ("Supply") In accordance with this Agreement and the Scope of Services as shown In Attachment "A". 2. Term. This Agreement Is for one Year commencing on the Issuance of a notice to proceed. The Agreement includes an option to extend the term for up to two additional one-year periods subject to the written approval of the Supplier and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $. §1E4QQ.00 . subject to authorized extensions and changes. Payments wall 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. Page 1 016 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 Supplier's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Will Creech Utilities -0.N. Stevens Water Treatment Plant 13101 Leopard Street, Corpus Christi, TX Phone: (361) 826-1954 Email: williamc@cctexas.com 5. Independent Contractor. Supplier will perform the Services as an Independent contractor and will furnish such Supply In Its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Supplier be considered on employee of the City. 6. Insurance. Insurance is not required for this Supply Agreement. 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Supplier is effective unless the City Manager First gives Its written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City's right to withhold consent to such assignment Is within the sole discretion of the City on any ground whatsoever. 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 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 by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement Is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County. Texas. Page 2 of 6 11. Subcontractors. The Supplier may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, the Supplier shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as If the Supplier and Its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be In the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and If offered to the Supplier will be mutually agreed to in the form of a bilateral change order. 13. Termination, a. The City Manager may terminate this Agreement for Supplier's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Supplier 10 days written notice of the breach and set out a reasonable opportunity to cure. if the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to the Supplier. However, the City may terminate this Agreement upon 24 hours written notice to the Supplier for Supplier's failure to pay or provide proof of payment of taxes, as set out In this Agreement. 14. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment Is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and Is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mall if sent certified mall. Notice must be sent as follows: Page 3 of 6 IF TO CITY: City al Corpus Christi Attention: William Creech 13101 Leopard Street Corpus Christi, Texas 78410 Fax: 361-826-1954 Email: wllllamc@cctexas.com IF TO SUPPLIER: Carus Corporation Attention: Susan Buchanan 315 Fifth Street Peru, Illinois 61354 Fax: 815-224-6697 Email: bids@coruscorporation.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, Is determined to be invalid and contrary to any existing or future applicable taw. such Invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced In all respects as if the invalid or unenforceable provision or part thereof had been omitted, 18. INDEMNIFICATION. SUPPLIER 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, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. SUPPLIER 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 Page 4 of 6 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 SUPPLIER UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. 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 RFB documents Including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 0 6 SUPPLIER Signature: �,%(t�n�� Printed Name: Susan Bu.ianan Title: Date: vP, cF0 May 9, 2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attache: Attachment A: Scope of Work Attachment B: Schedule of Pricing Incorporgissity,Reference Q81y: Exhibit 1: RFB No, 118, RFB Sodium Permanganate Supply Agreement Exhibit 2: Supplier's BId Response Page 6 of 6 DATE: Attachment A- Scope of Work CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID EVENT NO. 118 BIDDER 1 of 2 AUTHORIZED SIGNATURE PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 5. Twelve-month Supply Agreement with option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager, or designee. 40% Solution Sodium Permanganate ***Unit of Measure is Wet Pounds (WB)*** 720,000 WB Attachment A- Scope of Work Technical Specifications 2 of 2 1. Assay- 39.5-41.0% as NaMn04 2. pH- 5.0-8.0 3. Specific gravity- 1.36-1.39 4. Certified by the National Sanitation Foundation (NSF) to ANSUNSF Standard 60 for drinking water treatment chemicals -health effects. 5. The product should meet the AWWA Standard B603-03; EN: 15482-2007 Attachment B- Schedule of Pricing Event Line Response Company: 1 Supplier Croup: 1 Suppler Contact: 1 Line Details Event 0: 118-0 Supplier: 1274 Supplkr Contact Name: Samantha Puma Line Response Description: • '"Unitof Mmsune is Wet Pounds (WB)"" Item: Item Dcscri peon: 40% Solution Sodium Permangana UOM: W8 Requested Delivery Date: GTIN Description: Division: Manufacturer Number: Cammot ity Description: CHEMICAL LABORATORY EQUIPMENT AND SUPPLIES Quantity: 720,000.0000 MIN: Menuhemrer Code: Commodity Code: Line Response Information L.ine#: 5 Supplier Name: Cans Corporation Output Type: Blanket Vendor Ilea: CARUSOL C Vendor Item Description: 40% SOLUTION SODIUM PERMANOANA Quantity: 720.000.0000 UOM: WO Unit Price: 1.22000 No Charge: No Na Bid: No Extended Price: 378,400.00 Delivery Date: Response Comments: UOM Detail: POUND 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: 2016-15123 Date Filed: 02/18/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Carus Corporation Peru, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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. 28064 Manufacture & deliver Sodium Permanganate 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Buchanan, Susan Peru, IL United States X Kuzy, David Peru, IL United States X Carus, Inga Peru, IL United States X 5 Check only If there is NO Interested Party. 6 AFFIDAVIT OFFICIAL SEAL ,, SHELLEY A BURR ? NOTARY PUBLIC STATE OF ILLINOIS ,'a MY COMMISSION EXPIRES:04/11/18 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. , , i i? . Air Signature of authorized agent of contracting business entity Susan Buchanan/VP, CFO 7 3�- day of rnC_rC U-SC3 t- -'».0\�C�.f��I\ , this the t 20 lb , to certify which, witness my hand and seal of office. 5.H.A\ k . .,, r roL-,..y Ac �uministering • VE 4 k t, rt_ Signature ofJficer administering oath Printed nam of officer administering oath Title of officer adoath cn.mc nrnvirlcr4 by Tovoc Frhirc (`nmmiccinn w,w, PthirC C}AtP t`.f 11C Version V1.0.34944 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: May 31, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVanVleck@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Design Contract Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement CAPTION: Motion authorizing the City Manager, or designee, to proceed with delivery order preparation by executing Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. PURPOSE: The purpose of this Agenda Item is to amend the engineering services contract for the Programmed Water Line Service Life Extension, City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement to provide design and engineering services. CIP DESCRIPTION: Programmed Water Line Service Life Extension "This project provides for a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). The program is flexible and provides a systemic approach to extend the service life of the system while enhancing monitoring capability and water quality. Additional benefits will include increased distribution reliability with reduced service outages, and reduced operational costs. A major priority of the lifecycle improvements will maximize CIP investments increasing capacity of the system and deferring unnecessary major upgrades to pump stations and plants. Some work will be completed using in-house forces to save on costs where applicable." BACKGROUND AND FINDINGS: To implement the life cycle improvements for the aging water distribution system, the City developed the Repair and Replacement City -Wide Distribution - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement project. The IDIQ provides for contractor bid unit pricing for a comprehensive list of activities to develop the most cost effective solution to a variety of pipe sizes, material types and conditions. The initial IDIQ construction was developed as a multi- year contract with a one-year base with two optional extensions to be administratively authorized. The IDIQ is implemented through numerous Delivery Orders for specific site(s) and scope of work. The work consists of a full spectrum of repair and replacement methodologies including open trenching, pipe bursting, horizontal drilling with new valves, fittings, fire hydrants, etc. and surface restoration of sidewalks, roadways, landscaping to complete the projects. The design engineer, Urban Engineering, developed the bid documents and now conducts the field investigations and analysis for preparation of the Delivery Orders. In 2015, the City awarded the IDIQ construction contract to Clark Pipeline Services (Contractor) for $2.3 Million for the base year, and the option for two optional years. The Contractor was issued and successfully completed all work within the base year. Based on their satisfactory performance, the City exercised the first optional year. With the deterioration and problems with the distribution system and other project needs, it is anticipated the third option year will be recommended for execution within the next few months. Therefore, the engineering contract for Urban Engineering is recommended to support the implementation of the existing IDIQ construction contract for the two additional option periods. To meet accelerated demands for the water distribution system, it is also recommended to prepare and advertise for a second multi-year construction IDIQ contract with greater capacity of approximately $4.5 Million. The new IDIQ can be bid within the next 90 days. This proposed engineering contract authorizes Urban Engineering to provide continued engineering services to support the existing IDIQ construction contract and to provide construction documents to advertise and select a second contractor for a new Water IDIQ construction contract. ALTERNATIVES: 1. Authorize the execution of the contract amendment. 2. Do not authorize the execution of the contract amendment. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected as the Consultant Engineer through Water Capital Improvement Plan Request for Qualifications No. 2012-03. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $5,143,600 $2,500,000 $7,643,600 Encumbered / Expended Amount $5,134,279 $5,134,279 This Item $328,350 $328,350 Future Anticipated Expenditures This Project $542,503 $542,503 BALANCE $9,321 $1,629,147 $1,638,468 Fund(s): Water CIP #1 Comments: This amendment will result in an expenditure not to exceed $328,350. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET Programmed Water Line Service Life Extension City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement FUNDS AVAILABLE: Water CIP $ 7,643,600 FUNDS REQUIRED: Construction: Construction Base Contract - Year 1 (Clark Pipeline Services) 2,300,000 Construction One -Year Renewal - Year 2 (Clark Pipeline Services) 2,300,000 Construction Contingency (10%) 460,000 Construction Obervation and Testing: Construction Materials Testing (Rock Engineering) 14,317 Design: Engineer (Urban Engineering) 645,790 Preliminary (Urban Engineering) 39,100 *Engineering Design (Urban Engineering) 228,440 Delivery Order Preparation (Urban Engineering) 49,900 Delivery Order Preparation (Urban Engineering) THIS ITEM 328,350 Reimbursements: Total Reimbursements. 272,526 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 114,654 Engineering Services (Project Mgmt/Constr Mgmt) 152,872 Misc 5,000 Other: Staff Augmentation 12,499 TOTAL $ 6,005,132 PROJECT BUDGET BALANCE $ 1,638,468 *Contract was approved by City Council on February 11, 2014 by Motion No. M2014-013 rtl1; el+ D'ed ro Robstr , i i 77' Odern TT Morgan Farm Area SIV :Intro 1e� Rancho Chico Del Sol -Loma Linda Jai Taft Ir<yi!: .,1 a... Gregory„ ,,rilillinFE.1) M Doyle e I"-Portland'ARID Irgleslde Petronlia Tierra Grande Citywide Distribution Repair and Replacement (IDIQ) 1~571 Chapman Ranch Irgleside on 71•e Bar I alrY1tir Mkvii VICINITY MAP NOT TO SCALE Project Number: 8610 Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ ) Procurement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR ENGINEERING DESIGN The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Urban Engineering ("Consultant"), agree to the following amendments to the Contract for Professional Services for Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement (Project No. 8610): Original Contract September 3, 2013 Administrative Approval $39,100.00 Amendment No. 1 February 11, 2014 Motion No. M2014-013 $228,440.00 Amendment No. 2 Asrii 18, 2016 Administrative Approval $49,900.00 In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No.3, Exhibit "A". In the Original Contract, Fees Section, shall be amended based on the modified scope of services in the attached Amendment No. 3, Exhibit "A" for a fee not to exceed $328.350.00, for a total restated fee not to exceed $645,790.00. All other terms and conditions of the September 3, 2013 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 URBAN ENGINEERING ‘frs (kr J.H. Edmonds, P.E. Date C James L. Urban, P. Director of Engineering Services Principal 2725 Swantner Corpus Christi, TX 78404 RECOMMENDED (361) 854-3101 Office (361) 854-6001 Fax 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 8610 Accounting Unit 4093-041 Account 550950 Activity 180198014093EXP Account Category 50950 Fund Name Water 2013 RVBD Date K:IENGINEERING DATAEXCHANGEL ENNIFERIWATER'.E 10 PROGRAMMED WAT ER LINE SRVC LIFE EXTIENGINEER URBANVIMENDMENT NO 31CONTRACTICONTRACT DOC LEENGINEERING URBAN May 12, 2016 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Job No,. 33760.B3.02 TRANSMITTED VIA EMAIL Subject Amendment No.3 - Programmed Water Line Service Life Extension (#8610) City -Wide Water Distribution System Repair and Replacement - IDIIQ Procurement Dear Jeff: In response to a City request we are proposing the following contract amendment to the Programmed Water Line Service Life Extension (#8610). It is our understanding that the City desires to renew the City -Wide Water Distribution System Repair and Replacement (IDIQ) Procurement project for an additional two (2) year period. The City would also like to prepare bidding documents for a new IDIQ program. To assist the City with these tasks we propose to provide engineering services as outlined below_ I. SCOPE OF SERVICES: Basic Services A. Design Phase Services (ID/IQ Bidding Documents) a. Attend (1) one kickoff meeting b. Provide Project Management services to ensure that the project deliverables that are provided meet the stakeholders requirements c. Review, study, and verify all comments and recommendations from the "lessons learned" and incorporate into the contract documents for a new CityWide Water Distribution System Repair and Replacement (IDIQ) Procurement project. d. AIE will update the current unit -price matrix to include water system repair and replacement items (water mains, valves, water services, hydrants, meters, etc.). This matrix will also include ancillary items such as fence removal and replacement, seeding sodding, pavement repair. sidewalk repair, curb and gutter repair, traffic control, etc. e. AIE will update the bid item matrix. f. Attend (2) two meetings to review the unit price matrix g. NE will update the sample delivery order to be included as an attachment in the bid documents. This document will clearly define the contractor's expectations on the type of information typically included in future delivery orders and the level of detail to be expected. In addition, it will provide clear guidance on the anticipated format of future delivery orders and will define the documents required, provide suggestions on the type 1360854-3101 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 www urbarreng.com TBPE Firm 8 145 TBPLS Firm 410032400 FAX (361) 854-600 E AMEND. NO. 3 EXHIBIT "A" Page 1 of 5 of information recommended, and offer examples of plan sheets, photos, and cost estimates. h A/E will update the typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. The City Traffic Engineering Department will have final authority on the appropriate traffic control set-ups for each delivery order site. i Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the pre -final, 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 staff j NE will update the construction contract documents (plans and specifications) for the City -Wide Water Distribution System Replacement and Repair ID/1Q Procurement These plans and specifications will follow the same format that was developed for the current City Wide Water Distribution System Repair and Replacement IDIQ Procurement (City Project 8610) project. 1 Prepare one (1) set of PRE -FINAL (60%) and one (1) set of FINAL (100%) Contract and Bid 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, specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. Both packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. ii Following the City's review of the PRE -FINAL (60%) submittal package, Engineer will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL (100%) bid package. 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. ili Attend (1) one PREFINAL (60%) complete design meeting to review the contract and bidding documents. Attend (1) one FINAL (100%) complete design meeting to review the contract and bidding documents Bid Phase Services A/E will provide the following bid phase services: a. Attend Pre -Bid Meeting b. Attend Bid Opening c. Review and prepare responses to RFI's d. Prepare addenda as needed for the project execution e Prepare a bid evaluation and provide a written recommendation to the City Construction Phase Services 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 Page 2of5 AMEND. NO. 3 EXHIBIT "A" Page 2 of 5 b Review for conformance to contract documents, shop and working drawings, materials and other submittals. c Remaining construction services will be conducted under the Delivery Order Preparation task, as described below. Additional Services Delivery Order Preparation a A/E will perform site visits, review inspection reports, .repair reports and meet with City to identify water distribution system issues and the possible rehabilitation options. b NE will submit a "draft" version of each non -emergency delivery order for the City's review and comment prior to issuing the final delivery order. c Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including inspection reports, City work orders, old plans, etc. d. Review field and laboratory tests. e 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. f 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 g. Prepare draft change orders as authorized by the City (coordinate with the City's construction division) h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project Topographic Survey a Topographic surveys will be required on some delivery orders where horizontal and/or vertical control is critical for the design and construction of the proposed improvements and to avoid potential conflicts or to confirm to proposed slopes, etc. b The Topographic Survey allowance is based on two (2) 8 -hr days of (2 -man) field crew work and office time per site and has been estimated for approximately four (4) sites Warranty Phase a A/E will prepare a list of all sites completed at the end of a 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty penod All listed sites will have the same completion date and warranty expiration date b A/E will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list The Warranty Phase allowance is based on one (2) 12 -month warranty periods Page 3cf5 AMEND. NO. 3 EXHIBIT "A" Page 3 of 5 Construction Administrative Support A/E will provide up 10 hours per month x 12 months x 2 two years = 240 hours to assist the City as follows: a. Review the monthly payment requests with respect to the delivery orders issued to ensure that the quantities presented by the contractor are justified. b. Addend construction meetings The Construction Administrative Support allowance is based on two (2) 12 -month periods 11. SCHEDULE: A/E proposes to complete the construction bid documents as described under basic services above within (60) sixty days of receiving the nolice to proceed. The schedule for Delivery Order preparation will be determined once the construction contract has been renewed. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not - to -exceed fee as per the table below. Summary of Fees Basic Services Fees Original Contract Amend. No. 1 Amend. No. 2 Amend. No 3 Total 1. Preliminary Phase $39,100 $7,420 $46,520 2. Design Phase $59,570 $30,330 $89,900 3. Bid Phase $7,440 $7,350 $14,790 4. Construction Phase $6,640 6,740 513,380 Subtotal Basic Services Fees $39,100 $81,070 $44,420 $164,590 Additional Services Fees (Allow.) 1. AssessmentlSelection of Proposed Work $25,100 $5.000 $30,100 2. Delivery Order Preparation $112,820' 544,900' $225,6401 $383,360 3. Topographic Survey $3,810 $19,050 $22,860 4. Warranty Phase $5,640 $5,640 $11,280 5. Construction Administrative Support $33,600 $33,600 Sub -Total Additional Services Fees $147,370 $49,900 $283,930 $481,200 Total Fee $39,100 $228,440 $49,900 $328,350 $645,790 1) The Delivery Order allowance *di be determined sod billed. et rides shown In the Cormensalien Table below as the final dc:.ay orders ere issued to R s Cad/actor Page 4 of 5 AMEND. NO. 3 EXHIBIT "A" Page 4 of 5 The following compensation table will be used to determine the Delivery Order fee; COMPENSATION TABLE Construction Cost of Delivery Order AIE Fee $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 $3,750 (Flat Rate) 10.0% 6.25% 5.5% 5.0% 4.75% If the delivery order is estimated to be $475,025 then the total basic services fee would be as follows: Fee = $475,025 x 4.75% = $22.564 The proposed fee of $225,640 will cover approximately 10 delivery orders of $475,025 for a total budget of approximately $4,750,250, over the next two (2) years. If the above is acceptable, please prepare an amendment to our AE Contract for signatures Should you have any questions please let me know. Sincerely, URBAN ENGINEERING 110,4-e6Yvv-avaD9--7 J. Douglas McMullan, P.E. JDMI Enclosures xc. Daniel Deng, P.E. -- Major Projects Engineer, Engineering Services w/encl via email Page 5 of 5 AMEND. NO. 3 EXHIBIT "A" Page 5 of 5 641114141 SUPPLIER NUMBER TO BE ASSIGNED IIYi7TY PURCHASING DIVISION Ct0 o CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 17112 as amended, requires all persons or firsts 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: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Sivantner Drive CITY: Corpus Christi ZIP: FIRM IS: I . Corporation 4. Association e 2. Partnership 11 5. Other 78404 3. Sole Owner 0 DISCLOSURE QUESTIONS if additional space is necessary, ptcase 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°0 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°'o or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS 1f 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 l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, P.E. (Type .r Prl9V Signature of Certifying Person: Title: Principal DEFINITIONS Date: z %z up 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 an 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 Rust, 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 Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement Council Presentation June 14, 2016 Project Location Corpus Chr sti Engineering Den Grana. ('it) wide Distribution Repair a. Rep',wmen. OOIa) 2 Project Scope Corpus Chr sti Engineering The City awarded a $2,300,000 Water Repair & Replacement IDIQ Construction Contract to Clark Pipeline that is now in the 2nd option and anticipated to move into the 3rd option year in the next few months. To meet current and future needs, staff is also recommending a developing an additional Wtr IDIQ Construction Contract. The IDIQ work consists of: • New waterlines by open trenching, pipe bursting, boring, horizontal directional drilling boring • New fire hydrants, valves, fittings • surface restoration of roadways, sidewalks, and other miscellaneous improvements This action provides for the Engineering Services to support the Wtr IDIQ program including: • Field investigations & analysis for preparation of additional Delivery Orders for existing construction contract • Preparation of construction bidding documents for next Wtr IDIQ • Ongoing Construction and Administrative support Project Schedule Carpus Chr sti Engineering 2016 2017 2018 2019 J AIS OIN D 1J1F MIA MI J J IA S ION D 1J1F MIAMI J J IA S O N D J F'M AIM J r Engineering Services Construction Project Estimate: 36 Months Projected Schedule reflects City Council award in June 2016 with construction completion by June 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: 2016-51162 Date Filed: 05/06/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering 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 g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 8610 Amendment No. 3 - Programmed Water Line Service Life Extension City-Wide Water Distribution System Repair and Replacement - ID/IQ Procurement 4 Name of Interested PartyCity,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Urban Engineering Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AialiiiiiiillibillIlmlawilindllbsolhoilliodiraira affirm, under penalty of perjury, that the above disclosure is true and correct. I swear, or �` I JOLENE E POTTER 6411 My Commission Expires M July 24, 2017 ( . i ' - - - - - - , - - --............. Signature of authorized agent of contracting business entity /,/ 2 6-et-A-- , this the 6, 71 ' day of /7/7/A , AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said , 6-1,1.1_4_ 3 20 /(b , to certify which, witness my hand and seal of office. 7-0 ry -71— A k f r-1 H i C. officer administering oath Title of officer administering oath %�Q ( °� C i'(� J(71 1'i Signature of officer administering oath --Printed name of i Forms provided by Texas Ethics Commission wvow.ethics.state.tx.us ersion vi.t,. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: May 12, 2016 TO: Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Construction Contract and Materials Testing Agreement Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,796,224.60 and a construction materials testing agreement with Rock Engineering and Laboratory, Inc. in the amount of $64,924.00 for Kostoryz Road from Brawner Parkway to Staples Street. (BOND 2012 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "Kostoryz Road from Brawner Parkway to Staples Street — Includes reconstruction and capacity expansion of the 4 -lane road to a 5 -lane road, with a turning lane and bike route, sidewalks, curb and gutters, ADA curb ramps and pavement markings." The project is proposed as a 4 -lane reconstructed roadway with widened 5 -lane intersections for protected left -turn lanes at the Brawner Pkwy and Norton Road intersections. The Staples Street intersection was also widened to maintain two left turn lanes and new designated right -turn lane. Project also includes new curb & gutter, sidewalks, ADA compliant ramps, traffic signal upgrades signage, and pavement markings. The sidewalks are 5' on the west side and 8' on the east side of the roadway allowing the east side sidewalk to serve as a multi -use path. All properties along this section of Kostoryz are residential properties that back up to Kostoryz and have driveway access from parallel residential streets. The project was developed with two Base Bids to allow the maximum competition and comparison of pavement materials. Part 1 provided for Portland Cement Concrete (PCC) pavement and Part 2 provided Hot Mix Asphalt Concrete (H MAC). On April 13, 2016, the City received proposals from three (3) bidders and the bids are as follows: Contractor Part 1 - PCC Part 2 - HMAC Reytec Construction Resources, Inc. Houston, Texas $8,796,224.60 No Bid Haas -Anderson, Inc. Corpus Christi, Texas No Bid $8,760,734.75 Bay, LTD. Corpus Christi, Texas No Bid $8,992,259.15 Based on the lifecycle analysis, the PCC pavement provides the most cost effective solution with slightly higher initial cost but reduced overall maintenance cost and therefore recommended for award. ALTERNATIVES: 1. Authorize execution of a construction contract or construction materials testing. 2. Do not authorize execution of a construction contract or construction materials testing. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering is the design engineer that was selected for this project under RFQ 2014-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $581,705.00 $10,198,903.05 $0.00 $10,780,608.05 Encumbered / $581,705.00 $0.00 $0.00 $581,705.00 Expended Amount This item $0.00 $8,861,148.60 $0.00 $8,861,148.60 Future Anticipated Expenditures This Project $0.00 $1,299,502.46 $0.00 $1,299,502.46 BALANCE $0.00 $38,251.99 $0.00 $38,251.99 Fund(s): ST 37 Comments: N/A RECOMMENDATION: City staff and Urban Engineering recommend the construction contract be awarded to Reytec Construction Resources, Inc. in the amount of $8,796,224.60 and the construction materials testing agreement to Rock Engineering and Laboratory Services, Inc. in the amount of $64,924.00 for the Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement Form 1295 PROJECT BUDGET Kostoryz Road from Brawner Parkway to Staples Street Bond 2012 PROJECT FUNDS AVAILABLE: Bond 2012 $ 6,096,667.00 Utilities 4,683,941.05 Water 892,400.00 Wastewater 345,000.00 Storm Water 3,412,000.00 Gas 32,000.00 MIS 2,541.05 TOTAL FUNDS AVAILABLE $ 10,780,608.05 FUNDS REQUIRED: Construction: Construction (Reytec Construction Resources, Inc.) THIS ITEM 8,796,224.60 Street 5,091,913.00 Utilities 3,704,311.60 Water 529,960.60 Storm Water 2,893,171.00 Wastewater 281,180.00 Contingency (10%) 879,622.46 Construction Inspection and Testing: Construction Inspection (Estimate) 263,880.00 Construction Phase - Materials Testing Services (Rock) 64,924.00 Design: Engineer (Urban) Original Contact and 1 Amendment 516,210.00 Street 299,761.80 Utilities 216,448.20 Water 35,574.70 Storm Water 145,298.80 Wastewater 30,492.60 Gas 2,541.05 MIS 2,541.05 Design Phase - SUE (Lockwood, Andrews & Newnam, Inc.) 45,695.00 Design Phase - Geotechnical Study and Testing (Rock Engineering) 19,800.00 Reimbursements: Total Reimbursements 156,000.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 66,000.00 Engineering Services (Project Mgt/Constr Mgt) 88,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 10,742,356.06 ESTIMATED PROJECT BUDGET BALANCE $ 38,251.99 I Mar Liffe • C m S Q`- s w _rpm .Cj 0 FP i Q i 54A ;3; • Mary St F. ,r -<›- - Ruth mat -G Ti b n .-Pc 64, cT m • a f,� Buford St dry Morgan Ave 159a 0 4 L',.:11. n �� T1s. Ca '1; 0 40 l. Corpus Christi v State Living Center 2, • m Lozano Coli Center Lo its Si IIOOfr4in tnrl St. `.5POP a ...::eal pr , ca 4 F Agnes S# 111 1MerY St Coleman Ave Buford St nth 785 /4) Ca Po UT r,3 iS e1141e3uel S r) S 113 0 ej 4.7 13• 5 it. U 4 0 + u rQ ,1/444N o `cf, sv. Tos 4. S Brf 't, (T d' 00 i,* /1/,06 ' ▪ f� ..-0,-,90, ALP kP1y 4 3 0 We Park LP Corpus Christi Bay Project Location LOcei VICINITY MAP rrfdn NOT TO SCALE l arf��C Ln Project Number: E12099 Kostoryz Road From Brawner Parkway to Staples Street Bond 2012 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: Kostorvz Road from Brawner Parkway to Staples Street BOND 2012 (Project No. El 2099) ("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 $64,924.00. 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 ORATORY, INC. ocJr 05-19-16 J.H. Edmonds, P.E. Date Curtis Rock Date Director of Engineering Services C le Administrative Officer 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office Operating Department Date KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E12099 KOSTORYZ-BRAWNER TO STAPLES BOND ISSUE 2012%CONSTRUCTION MATERIALS TESTING115 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED AS TO LEGAL FORM Assistant City Attorney APPROVED Date Office of Management and Budget ATTEST Date Rebecca Huerta City Secretary Date Project No. E12099 Accounting Unit: 3549-051 Account: 550920 Activity: El 2099013549EXP Account Category: 50920 Fund Name: Street CIP GO BOND 2012 Encumbrance No. KIENGINEERING DATAEXCNANGELANGIEMISTREET1E12099 KOSTORYZ -BRAWNER TO STAPLES BOND ISSUE 20121CONSTRUCTION MATERIALS TESTINGI15 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Monday, May 16, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED El 2099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option Corpus Christi, TX R E T L Proposal Number: P050616A1 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 1 $64,924.00 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 RETL. 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 on the actual testing performed. The total fee assessed MI 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 r $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 ROCK ENGINEERING TESTING LABORATORY. NC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: 13611 883-4555 • FAX' (361) 883-4711 • WNW rocktesting.com Monday, May 16, 2016 Page I of 5 I EXHIBIT "A" I Page 1 of 5 00. RETL LABORATORY G. PERSONNEL Admin Fee LS - Lump Sum P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 Is $75.00 $75.00 00. RETL LABORATORY SUBTOTAL $75.00 01. SOILS A1.SUBGRADE Densltles Subgrade (Driveways) EA - 1 every 2 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 31 Densities Subgrade (Street) LF - 1 per 200 LF of each lane/lift S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Subgrade ST -1 per street LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 1 3 3 trip $45.00 $135.00 5 5 ea $44.00 $220.00 10 10 trip $45.00 $450.00 90 90 ea $44.00 $3,960.00 S190 MATERIALS SAMPLING CHARGE 1 2 2 ea $57.00 $114.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 5510 PROCTOR - STANDARD ASTM 0698 1 2 2 ea $215.00 $430.00 A5. BACKFILL Densities Trench Backfill LF - 1 per 200 LF of each lane/lift 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) Trench Backfill EA - 1 each material type 1 1 30 30 trip $45.00 1,1.350.00 600 600 ea $44.00 $26,400.00 S190 MATERIALS SAMPLING CHARGE 1 1 1 ea $57.00 $57.00 5486 VEHICLE I 1 1 trip $45.00 $45.00 5510 PROCTOR - STANDARD ASTM D698 1 1 1 ea $215.00 $215.00 01. SOILS SUBTOTAL $33,466.00 Monday, May 16, 2016 Page 2 of 5 IEXHIBIT "A" Page 2 of 5 02. FLEXIBLE BASE P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. A3. FLEX BASE Crushed Limestone LIFTS/MIN QTYFREQ QTY RATE AMOUNT CY - 1 per 3000 CY CY 4821 5190 MATERIALS SAMPLING CHARGE 2 2 ea $57.00 $114.00 5486 VEHICLE 2 2 trip $45.00 $90.00 5502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 2 2 ea $94.00 $188.00 5504 GRADATION {Sieve Analysis) 2 2 ea $94.00 $188.00 S522 PROCTOR - MODIFIED ASTM D1557 2 2 ea $253.00 $506.00 S548 LA ABRASION 2 2 ea $321.00 $642.00 Crushed Limestone EA - 1 each material type S546 WET BALL MILL 5606 TRIAXIAL 5610 CBR Densities Compacted Base (C&G) LF - 1 per 200 LF 5486 VEFECLE 5600 IN-PLACE DENSITIES (Min 3) Densities Compacted Base (Street, Pvmnt Repair) LF • 1 per 200 IF of each Ione/lift 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) l 1 1 1 1 1 1 ea $321,00 $321.00 2 2 ea $743.00 $1,486.00 1 1 ea $490.00 $490.00 5 5 trip $45.00 $225.00 50 50 ea $44.00 $2.200.00 10 10 trip $45.00 $450.00 100 100 ea $44.00 $4,400.00 02. FLEXIBLE BASE SUBTOTAL $11,300.00 Monday, May 16, 2016 EXHIBIT "A" Page 3 of 5 P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04. CONCRETE C1. CONCRETE Curb & Gutter 1@7,1 LF - 1 set every 500 LF 14,3@28 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5399 CONCRETE CYLINDERS PICK UP FEE 5486 VEHICLE Curb, Post, Grate Inlets and MH Risers 1@7,1@14,3@28 EA - 1 set every 6 each LIFTS/MIN QTYFREQ QTY RATE AMOUNT 5 20 100 ea $44.00 $4,400.00 10 10 pour $43.00 $430.00 10 10 trip $45.00 $450.00 S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 5 25 ea $44.00 $1.100.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Driveways 1@7,1@14,3@28 SF - 1 set every 2500 SF 5301 CONCRETE CYLINDERS (4" x 81 )Min 4) 5 2 10 ea $44.00 $440.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Manhole Base Footing 1@7,1@14,3@28 EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 5 25 ea $44.00 $1.100.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Sidewalks and Curb Ramps 1@7,1@14,3[428 SF - 1 set every 4000 SF 5301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 15 75 ea $44.00 $3,300.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 7 7 pour $43.00 $301.00 5486 VEHICLE 1 8 8 trip $45.00 $360.00 Stormwater, WW, Water MHs 1@7,1@14,3@28 EA - 1 set every 2 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 6 30 ea $44.00 $1,320.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $43.00 $129.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Street (Rebar Inspection) HR - per hour 5486 VEHICLE 5501 OBSERVATIONS (Pier, Rebar. Structural Steel, etc) 1 1 trip $45.00 $45.00 19 19 hr $86.00 $1,634.00 Monday, May 16, 2016 EXHIBIT "A" Page 4 of 5 P050616A1 E12099 Kostoryz Rd Browner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. Street 107,1@14,3128 This Hem is for cylinders only. Does not include beams. Please contact us for a quote for beams. SY • 1 per 2500 SY SY 26833 5301 CONCRETE CYLINDERS (4. x 8") (Min 4( 5 15 75 ea $44.00 $3,300.00 5399 CONCRETE CYLINDERS PICK UP FEE I 7 7 pour $43.00 5301.00 5486 VEHICLE 1 15 15 trip 545.00 5675.00 04. CONCRETE SUBTOTAL $20,083.00 GRAND TOTAL $64,924.00 Monday, May 16, 2016 Pape 5 of 5 lEXHIBIT "A" Page 5 of 5 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: EXHIBIT "B" Page 1 of 6 (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; (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 EXHIBIT "B" Page 2 of 6 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 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) a copy of the Certificate(s) 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 EXHIBIT "B" Page 3 of 6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (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 limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must fumish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 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 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; and (c) 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. EXHIBIT "B" Page 4 of 6 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. 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:/lwww.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 htto://www.cctexas.corfgovernmenticity-secretarylconflict-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. EXHIBIT "B" Page 5 of 6 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. 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 contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page6of6 m m= in O 2, 8 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 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 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $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 O 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% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus ti 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 & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association B CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other B 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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 Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 05-25-16 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "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. Kostoryz Road Brawner Parkway to Staples Street BOND 2012 Proposition 1 Corpus Chr sti Engineering Council Presentation June 14, 2016 Project Vicinity 001 Corpus Chr sti Engineering non. , Corpus Christi Say t 1, .[-$ 0 [Project Location sP / ,,,,,, ,,,,,,,[i. .[,. ..,‘ ,,,,, ..,, Ce 0 <CS ,P u-, -,, 0 2 Project Location Project Location �hrsti Engineering Project Scope �hrsti Engineering CONCRETE 8" CONCRETE 1" HMAC 6" LIMESTONE BASE 12" COMPACTED SUBGRADE HOT MIX CONCRETE ASPHALT (HMAC) 4" HMAC 15 LIMESTONE BASE 12" COMPACTED SUBGRADE "-PRIME COAT " GEOGRID (TX -5) Street improvement project that includes: • Full depth reconstruction of the existing 4 -lane roadway • Two widened intersections for protected left -turn lanes at the Brawner Pkwy and Norton Rd, • Widened intersection a Staples St for two existing left turn lanes and new designated right -turn lane, • Underground utility improvements for water, wastewater, gas and storm water, • New 5' sidewalks (west side) and 8' multi -use sidewalks (west side) with ADA accessible ramps, and • Signal upgrades, signage and markings The project was bid with two Base Bids: ➢ Part 1 for Concrete ➢ Part 2 for HMAC Based on the lifecycle analysis, Part 1 for the Concrete pavement is recommended. 4 Intersection Details �hrsti Engineering I it New Turn Lane Configuration (2 Locations New Turn Lane Configuration 5 Project Schedule �hrsti Engineering 2014 2015 2016 2017 INOM © ISMIN0© © MIZEI 00© © IMEEMBEHI 0 D 0 D Design idiM Bid 0 D D Construction Construction Estimate: 540 Calendar Days '&18 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-55955 Date Filed: 05/16/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Reytec Construction Resources, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12099 Roadway Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Gregg Houston, TX United States X Reyes, Rebecca Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. � m „, LAURA G. ZEAL s="•a PSB.^' Notary Public, State of Texas y� My Commission Expires — . •• 4. August 26, 2018 turerized agent of co7/4J S/47('ting business entity AFFIX NOTARY STAMP / SEAL ABOVE l t-A Swor to and subscribed before me, by the said `- dr" this the I day of 20 , to certify which, witness my hand and seal of o ice dr0L&ULV&L&! Signature of officer administering oath Printed name of officer administering oath Title of officer administdring oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Forms provided by Texas Ethics Commission www.ethics.state.tx.us 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: 2016-56307 Date Filed: 05/16/2016 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 services, goods, or other property to be provided under the contract. E12099 Construction Materials Engineering 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 is Party. Check only if there NO Interested X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1„" LOREN LEtLANI ROCK Notary Public. State ©f Texas • • = Ay Commission Expires x' "": .. jai). ....f) fMB,Ch 26, 2017 ignature of ut rized nt of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE ,`` �� �_^,' Sworn to and subscribed before me, by the said C,VickiS 1 , this the It-1day of Mao , 20 1,1.e , to certify which, witness my hand and seal of office. L. . 12 -CX -k-- g(A- ty 'P\*A\t, L qN 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: June 7, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Engineering Design Contract SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012) — Proposition 8 CAPTION: Motion authorizing the City Manager, or designee, to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $157,806.71 for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. (Bond 2012, Proposition 8). PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas for the SeaTown (aka S.E.A. District) Pedestrian Improvements project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 8 — Economic Development Projects, which maximizes potential transit and safety along the corridor connecting the American Bank Center, Corpus Christi Science and History Museum, the Harbor Playhouse, Asian Cultures Museum, the Ortiz Center, Whataburger Field, Hurricane Ally, and Brewster Street Ice House. BOND 2012 BROCHURE LANGUAGE: "SeaTown (aka S.E.A. District) Pedestrian Improvements - This project is the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit, conducted in May 2012. It includes improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in this area." This project is the first phase of implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit conducted by the City of Corpus Christi in May 2012. This Walkability Audit included improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create favorable walking conditions in the SEA District. This project also addresses elements of the joint City/Metropolitan Planning Organization (MPO)/Regional Transit Authority (RTA) Pedestrian -Transit Master Plan prepared in November 2013 that provides for maximizing resources and funding. The MPO contribution from the Transportation Alternatives Program (TAP) is $1,200,000 (construction only) and the 2012 Bond contribution is $500,000. The preliminary engineering design completed an inventory of existing streets and surrounding areas with anticipated future use. The project components identified were sidewalks, driveways, curbs, ADA -compliant ramps, crosswalks and stop bars, planting strips, and bus stop infrastructure. The first phase of implementation includes Chaparral Street from Brewster Street to Harbor Drive and Brewster Street from Chaparral Street to Tancahua Street due to the heavy traffic in the area and lack of sidewalks along both sides of the streets. This contract includes the design of the improvements listed above as well as, surveying, public meetings, landscape design, preparation of record drawings, permitting and construction phase assistance. ALTERNATIVES: 1. Execute the Engineering Design Contract with LJA Engineering, Inc. as proposed. (Recommended). 2. Do not execute the Engineering Design Contract with LJA Engineering, Inc. as proposed. (Not Recommended). OTHER CONSIDERATIONS: LJA Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. LJA Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $640,000.00 $640,000.00 TxDOT (Construction Only) 1,200,000.00 1,200,000.00 Total Line Item Budget 1,840,000.00 Encumbered/Expended 88,900.00 88,900.00 Amount This item $157,806.71 $157,806.71 Future Anticipated Expenditures This Project 1,529,370.00 1,529,370.00 BALANCE $551,100.00 ($157,806.71) (329,370.00) $63,923.29 Fund(s) Bond 2012 Street Fund 3549 RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Contract PROJECT BUDGET SeaTown (S.E.A. District) Pedestrian Improvements BOND 2012 - Proposition 8 FUNDS AVAILABLE: Bond 2012 Streets $ 500,000.00 Storm Water CIP 140,000.00 Texas Department of Transportation 1,200,000.00 TOTAL $ 1,840,000.00 FUNDS REQUIRED: Construction: Construction Estimate $ 1,170,000.00 Construction Contingency (10%) 117,000.00 Construction Inspection & Testing: Construction Inspection - (Estimate) 51,000.00 Construction Phase - Materials Testing Services 46,000.00 Design: A/E Consultant (LJA, Inc.) 207,796.71 Preliminary Design 49,990.00 Enginering Design (THIS ITEM) 157,806.71 Design Phase - Geotechnical & Materials Testing (Estimate) 9,200.00 A/E Consultant (Bath Engineering.) 16,880.00 Preliminary Lighting Design 16,880.00 Other: Corpus Christi Downtown Management District 55,000.00 Reimbursements: Total Reimbursements 103,200.00 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 46,000.00 Engineering Services (Project Mgt/Constr Mgt) 55,200.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 1,776,076.71 ESTIMATED PROJECT BUDGET BALANCE $ 63,923.29 Market St Navigation Blvd u_ NORTH BE4CJ-11 Ie; S e A CI NJ r V 1,1 S et4: :DR ( I I Project Location A t ' r"1 jrJ BreWster S ' IP Litz 1 „.) EJO b 1/4 cg. 1Z) (01 Fir VICINITY MAP NOT TO SCALE Project Number: E12134 Sea Town Pedestrian Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 11C115 Corpus Chr sti Engineering SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012 — Proposition 8) Council Presentation June 14, 2016 Vicinity Map tillii*Corpus Engineering curt 1H-37In Ave N Project Location • 1 h Ldo,11.„ American BA rater J N i s Brewster o f? 70 co >clip to T,n Corpus Chri v To LL 8 e P 44 L7' E Z 2 U7 rF 491 fl, Lh 3 er1ye:auel N 2 Location Map Corpus Christi Engineering 3 Project Scope OCorpus Engineering This project provides improved pedestrian (mobility) access & Safety connecting key destinations in the SEA Town District including the American Bank Center, Corpus Christi Science and History Museum, the Harbor Playhouse, Asian Cultures Museum, the Ortiz Center, Whataburger Field, Hurricane Alley and Brewster Street Ice House. Work Includes : New sidewalks along Brewster Street from Tancahua Street to Chaparral Street New sidewalks along Chaparral Street from Brewster Street to Harbor Drive New crosswalks and ADA ramps Associated Landscaping Project Schedule CS Corpus Chr sti Engineering 2016 2017 Jun I Jul lAugl Sep I Oct I Novl Dec I Jan I Feb Design Marl Apr Mayl Jun Bid/Award Jul lAugl Sep Construction Projected Schedule reflects City Council design award of SeaTown (AKA S.E.A. District) Pedestrian Improvements in June 2016 with construction completion in October 2017. 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: 2016-50915 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LJA Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12134 Engineering and Surveying Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary y 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under r-- •. • •f perjury, that the above disclosure is true and correct. — p p p p _ ' on �` , 1 DIANA C RAMIREZ My Commission Expires November 11, 2017 � i _ k rt sP+ ) Sign.: ure of authorized - • -: of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE II I I Ct Y Sworn to and subscribed before me, by the said D • C. o 4+ JO V' E.S this the 6+1-1 day of t1 '. , to certify which, witness my hand and seal of office. 20 i• U_Alk Or n II r)1 cVl a C ° mi re Z rY1 ‘i n . 554-. Signature of officer ad istering oal Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. eth i cs. state.tx. u s Version V1.0.1021 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401 (local office), (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012) — Project No. E12134 — This project includes the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit conducted by the City of Corpus Christi in May 2012. This Walkability Audit included improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in the SEA District. This project also addresses elements of the joint City/MPO/RTA Pedestrian - Transit Master Plan prepared in November 2013, that allows maximizing resources and funding. The MPO/TxDot contribution from the TAP is $1,200,000 and the 2012 Bond contribution is $500,000. The project components identified were sidewalks, driveways, curbs, ADA -compliant ramps, crosswalks and stop bars, planting strips, and bus stop infrastructure. The first phase of implementation includes Chaparral Street from Brewster Street to Harbor Drive and Brewster Street from Chaparral Street to Tancahua Street, since this section doesn't not currently have sidewalks along both sides of the street and is a heavily trafficked area. 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 Contract for Professional Services Page 1 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC 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 $157,806.71. Monthly invoices will be submitted in accordance with Exhibit "C". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit B. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 11. STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS\E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC CITY OF CORPUS CHRISTI LJ ENGINEERING, INC. 1 I., J. H. Edmonds, P.E. Date Patri• '� Ve eto, P.E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office APPROVED AS TO LEGAL FORM Legal Department Date ATTEST Rebecca Huerta Date City Secretary Fund Name Accounting Unit Account Activity No. Amount No. Streets Bond 2012 3549-051 550950 E12134013549EXP $157,806.71 Total $157,806.71 Contract for Professional Services Page 5 of 5 K ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS'.E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS UA - ENGINEERING DESIGN CONTRACTWE AGREEMENT WA E12134 DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS S.E.A. District Pedestrian Improvements (Bond 2012) Project No. E12134 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer A/E (also referred to as Consultant) will: a) Prcparc PowcrPoint presentation in City format for City Council Meeting. • c) na-eeti-4-gs to attendees within five working days of the meeting. Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. information provided by the City pertaining to the project area. Dcvclop prcliminary rcquircmcnts for utility relocations replacements or upgrades. • petentiabejest-needs. Develop preliminary street cross section recommendations. Prcparc conccptual lifc cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare prelimina y opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing an -d -deposed drainage areas ccrved. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. rn) Identify and analyze requirements of governmental authorities having jurisdiction to approvc dcsign of the Project including permitting, environmental, historical, n) o) school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. Review City provided preliminary Traffic impact asccscment and providc recommendation for integration and/or additional requirements as appropriate. required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 1 Provide a concise presentation of pertinent factors, sketches, designs, cross sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction wad-req-61+reme s, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing used utilities, identification of quality and • - - - -tion, and other factors required for a 111. prsional-design. Include existing site photos. Provide opinion of probable construction costs. jurisdiction to approve design of the Project including permitting, agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. on cast sates toward City opera, which this project will affect. 7 Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. Draft Engineering Letter Report. Submit computer model file, results and calculatlens used to analyze drainage. t) u) on the Draft Engineering Letter Report as scheduled by City Project Manager. Assimilate all City review comments of the Draft Engineering Letter Report and hard copies using City Standards as applicable) suitable for reproduction. Assist City in presenting summary of EL R findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. EXHIBIT "A" Page 2 of 11 Revised November 26, 2013 Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) materials and/or contaminated soils that may be discovered during construction. c) Prepare construction documents in City standard format for the work identified in the approved ELR under the previous contract. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) Provide Storm Water Pollution Prevention Plan, in g -construction drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. _.0 f) hard copies using City Standards as applicable) to the City staff for review and approvalapproval-19-61-9absc,w4 estimates of probable sen-strust+eR-eests. Identify distribution list for plans and bid documents to all affected franchise utilities. Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review h) review and approveses with revised estimates of probable costs. Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 advise City of responding and non responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status rcports to the Projcct Managcr no latcr than the last Wcdncsday of tach month with action itcros dcvclopad from monthly progrc , and rcvicw mcctings. Scc attachment 'A' for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA) from City provided example. b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. - A - - -- include the following: a) Participate in pre construction meeting conference and provide a recommended agcnda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorizc rcquircd changcs, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to obccrvc the gcneral progresc and quality of work, and to determine, in general, if the work is being done in accordance with the contract f) g) h) continuous monitoring of the progress of construction. City. Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. Attend final inspection with City staff, provide punch list items for Contractor successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the ar a b) TxDOT utility permit(s) c) Wetlands Delineation and Permit d) Temporary Discharge Permit c) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR) m) Texas General Land Office (TGLO) n) Other agency project specific permits 2. Right of Way (ROW) Acquisition Survey and Parcel Descriptions. All work must comply Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Pcrform surveys to determine apparent right of way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Title Commitments from a local title company and provide copies to the City. Title Commitments shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used bytho NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility caccmcnts and temporary construction asements. c) Sct property corncrs and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will chow entire EXHIBIT "A" Page 6 of 11 Revised November 26, 2013 the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signcd and soaIcd parccl maps and Icgal dcccriptionc for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be reg i -ed in resolving boundary-+sts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 2. Topographic Survey and ROW Verification. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and zcoordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Subsurface Utility Investigation Engineering a) Providc subsurfacc utility cnginccring in accordancc with ASCE Standard "ASCE C I, 38 02, Standard Guidclinc for the Collcction and Dcpiction of Existing Subsurfacc Utility Data" including, but not limitcd to, hydro cxcavation. The propoccd cubcurfacc utility investigation will be as follows: i) Excavation The survey scope includes working with a subsurface utility cxcavator to perform Quality Laval A invcstigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by Quality Level C. Locat will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of construction related excavation shall be located at Quality Level A. v) Water Water facilities within the project limits will be located to Quality Level A. by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The NE will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises-w#ese utilities fall within the footprint of construction related excavation of the potential for cncountcring thcir utility lines during construction. A 3. Public Meeting (1 Meeting). Participate in one (1) public meeting. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 4. Landscaping Services. Prepare preliminary landscape and irrigation design and coordinate with City. Finalize landscape and irrigation design. Prepare landscape and irrigation construction documents including a 2 -year landscape and irrigation program with required maintenance schedule. Provide bid and construction phase services. 5. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: EXHIBIT "A" Page 8 of 11 Revised November 26, 2013 a) Preparation of change orders; b) Review of shop drawings. (This does not exclude review of material submittals, if requested.); c) Review/approval of Contractor pay requests; and d) Preparation of a Certificate of Completion at the end of the Project. Start up Services. Provide on site services and verification for all start up proccdures during actual start up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -- maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prcparc a rcport for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Preparation of Record Drawings. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwgformat in AutoCAD, and graphics data will be in dxfformat with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede supplements Exhibit "A". 11. SCHEDULE Date Activity Begin Field Work and Design Phase Upon receipt of executed contract and NTP Submit 100% Design 6 Months after receipt of NTP City Review 1 Month Submit Sealed Plans & Docs 1 Month after receipt of 100% comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 4 Months after Begin Construction EXHIBIT "A" Page 9 of 11 Revised November 26, 2013 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-3, A/E will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For authorized Additional Services, the A/E will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 — Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to - exceed fee as per the table below: Summary of Fees (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 Street Total Basic Services Fees 1. Preliminary Phase (FF) $ 0.00 $ 0.00 2. Design Phase (FF) $ 70,275.15 $ 70,275.15 3. Bid Phase (FF) $ 8,181.48 $ 8,181.48 Subtotal Basic Services Fees $ 78,456.63 $ 78,456.63 Additional Services Fees (Allowance) 1. Permitting: TDLR (FF) (Authorized) $ 2,281.82 $ 2,281.82 2. Topographic Survey & ROW Verification (FF) (Authorized) $ 32,900.00 $ 32,900.00 3. Public Meeting (FF) (Authorized) $ 4,773.80 $ 4,773.80 4. Landscaping Services (FF) (Authorized) $ 17,095.52 $ 17,095.52 5. Construction Phase Assistance (T&M) (Authorized) $ 17,858.16 $ 17,858.16 6. Preparation of Record Drawings (FF) (Authorized) $ 4,440.78 $ 4,440.78 Sub -Total Additional Services Fees $ 79,350.08 $ 79,350.08 Total Authorized Fee $ 157,806.71 $ 157,806.71 (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. 'AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS S.E.A. District Pedestrian Improvements (Bond 2012) Project No. E12134 TASK LIST GENERAL The S.E.A. District Pedestrian Improvements (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the construction of pedestrian and landscape improvements along Brewster Street from Tancahua Street to Chaparral Street and along Chaparral Street from Brewster Street to Mesquite Street. This Contract is based upon proposed improvements with a total estimated construction cost of $1.17 million. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Fixed Fee) Provide Preliminary Phase Services in accordance with Exhibit `A of the Contract for Professional Services. Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit `A of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification 1. A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, A/E's point of contact for Project decisions will be the City's Project Manager. 2. A/E will prepare one (1) set of final (100%) plans and contract documents and submit to the City for review. Comments received from the City will be incorporated into the sealed bid documents, which will be the next submittal to the City. 3. The Project scope of improvements included in this contract is limited to pedestrian and landscape improvements only with a total estimate construction cost of $1.17 million. The scope of services included in this EXHIBIT "A-1" Page 1 of 3 contract does not include engineering services related to street, utility or other improvements. 4. A maximum of three (3) meetings with the City are included in the Design Phase scope of services. Additional meetings will require additional fees. Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor shall be responsible for the preparation and approval of specific traffic control plan(s) sealed by a Texas Registered Professional Engineer that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following exception: Preparation of a CivCast bid spreadsheet is not included in the scope of services of this Contract. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the A/E as a Time & Materials Additional Service upon request as described in Exhibit 'A'. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. Topographic Survey (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A-1" Page 2 of 3 3. Public Meeting (1 Meeting) (Fixed Fee) Services will be provided in accordance with Exhibit `A of the Contract for Professional Services. 4. Landscaping Services (Fixed Fee) Services will be provided in accordance with Exhibit `A of the Contract for Professional Services. 5. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit `A of the Contract for Professional Services. 6. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit `A of the Contract for Professional Services. EXHIBIT "A-1" Page 3 of 3 EXHIBIT B Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees 71 M aux c0 7' CD a — rt o h 0 PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest'' constituting 3% or more of the ownership in the above named "firm." Name NA Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N:'A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." �ne Board, Commission or Committee F -rr . r7. - r, r Fr j 4qr ,u ( uGIG Or, nT nn 5 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant EXHIBIT D PAGE 1 OF 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter. unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus 1-rristi, Texas as changes occur. Certifying Person: Patrick D. Vete (Type or Print) Signature of Certifying Person: DEFINITIONS Title: Vice President Date: 04-20-16 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies. or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT D PAGE 2 OF 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Edgar Leonard, Interim Director of Facilities and Property Management EdgarL(c�cctexas.com (361) 826-3567 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreement for Lindale Senior Center Roof Repair CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Lindale Senior Center, in accordance with Bid Event No. 96 based on the lowest, responsive and responsible bid for a base cost of $174,850 and an additional 10% project contingency in the amount of $17,485 for unforeseen repairs. PURPOSE: To repair the Lindale Senior Center Roof in accordance with the Comprehensive Facilities Improvement Plan. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. BACKGROUND AND FINDINGS: The Lindale Senior Center, approximately 8,250 square feet is located just southeast of downtown Corpus Christi next to the Lindale Recreation Center and W.B. Ray High School. It was originally built in the 1970's, so with this roof repair it should extend the life of the roof. ALTERNATIVES: None OTHER CONSIDERATIONS: Roof leaks are an ongoing issue. Several areas of the facility have interior damage to the walls and ceiling. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities and Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,000,000.00 $0 $2,000,000.00 Encumbered / Expended Amount $326,829.87 $0 $326,829.87 This item $174,850.00 $0 $174,850.00 BALANCE $1,498,320.13 $0 $1,498,320.13 Fund(s): Certificate of Obligation Comments: Certificate of Obligation utilized to fund Comprehensive Facilities Improvement. The above Financial Impact Table does not include a 10% project contingency in the amount of $17,485 identified for unforeseen repairs, calculated as follows: $174,850 Total cost of repair $17,485 10% Contingency $192,335 Total not to exceed project cost RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 96 LINDALE ROOF REPAIR Recorded By: Jamye Clark ITEM DESCRIPTION QTY. UNIT South Texas Metal Roofing Corpus Christi, Texas Haeber Roofing Company Corpus Christi, Texas Gourley Contracting Corpus Christi, Texas Lump Sum Price Lump Sum Price Lump Sum Price 1 $174,850.00 $224,999.00 $232,981.00 Bidder shall furnish all necessary labor, materials, equipment, and supervision to remove existing roof and gutters including haul off and disposal of debris at the Lindale Senior Center located at 3135 Swantner Street, Corpus Christi, TX 78404 per spec no. 07-51-13.20. 1.00 LS TOTAL AWARD: $174,850.00 $224,999.00 $232,981.00 Service Agreement LINDALE SENIOR CENTER ROOF REPAIR Agreement No. 629 THIS LINDALE SENIOR CENTER ROOF REPAIR ("Agreement") is entered into by and between South Texas Metal Roofing ("Contractor"), and the City of Corpus Christi, .a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide LINDALE SENIOR CENTER ROOF REPAIR in response to the City's Request for Bids ("RFB No. 96") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and2"; WHEREAS, the City has determined Contractor to be the lowest, responsive and responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide LINDALE SENIOR CENTER ROOF REPAIR ("Services") in accordance with this Agreement and the Scope ofServices as shown in Attachment "A": 2. Term. This Agreement is for 1 year commencing on the issuance of a notice to proceed (NTP). The work performance shall be done within 60 days starting 14 days after the NTP is given by the Purchasing Department. 3. Compensation and Payment. This Agreement is for an amount not to exceed $174,850.00, subject to authorized extensions and changes. Payments 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 Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator: Andres Gonzalez Contract Administrator Department: Facilities and Property Management Contract Administrator Address: 1201 Leopard Street Contract Administrator Phone: 361-720-3350 Email: AndresG@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 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 September30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using Subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificateof Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after deposit in the U.S. mail if sent certifiedmail. Notice must be sent as follows: IFTO CITY: City of Corpus Christi Attention: Andres Gonzalez 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-826-1989 Email: AndresG@cctexas.com IF TO CONTRACTOR: South Texas Metal Roofing Attention: Name: Sigifredo Montemayor Address: 2217 Flour Bluff Drive, CC Texas 78418 Fax: 361-939-7048 Email: sigi060@gmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTINGIN WORKERS' COMPENSATION CLAIMS OR DEATH, 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 AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, 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. 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. 19. 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 RFB documents including Addenda, thebid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 21. Bonds. Contractor shall keep current a performance bond for the full value of the contract along with any increases that may incur throughout the agreement. CONTRACTOR Signature. Printed Name: '�� ` v Title: �.1 L! 1,oe. Date: °5-7""11`9"6 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 96, Lindale Senior Center Roof Repair Exhibit 2: South Texas Metal Roofing's Bid Response Page 6 of 6 CITY OF CORPUS CHRISTI PURCHASING DIVISION 1. SCOPE: ATTACHMENT A- SCOPE OF WORK SPECIFICATION NO. 07-51-13.20 DATE: 2/22/2016 Revision PAGE 1 OF 4 SPECIFICATIONS FOR LINDALE SENIOR CENTER ROOF REPAIR Contractor shall furnish all necessary labor, materials, equipment, and supervision to remoN e existing roof and gutters including haul off and disposal of debris at the Lindale Senior Center located at 3135 Swantner Street, Corpus Christi, TX 78404. Repairs will consist o f: 1. Contractor will be required to obtain a permit for roof work. 2. inspect entire deck area and replace as needed, in conjunction with the Project Manager, there is an allowance of 51/4 deck replacement for the entire project. (Submit price sheet with the 51/4 allowance) *** install tapered insulation system as per code requirements. (minimum 1/4 -inch slope per every 1 foot) *** 3. Install a new modified and composition shingle roof which consists of: A. Modified Mop Down System (five -layer course); (approximately 118 squares) on all flat areas with a 20 -30 -year warranty. B. Composition Roof' System (shingles) on all pitch areas (approximately 78 squares) with a 30 -year warranty. 1. Remove and replace composition roof shingles and haul away debris 2. Inspect entire plywood decking and replace if needed, in conjunction with Project Manager. 3. Remove and replace all plumbing pipe jacks on shingle roof area. 4. Install 30 -pound underlayment felt paper on entire shingle area. 5. Install 2 inch by 2 -inch drip edge on entire perimeter pitch roof area. 6. Install a starter course on top of drip edge. 7. Install a 30 -year class A fire resistant composition roof shingle. 8. Install 8 -inch roof to wall cap flashing where applicable. 9. install roof to wall flashing on the last upper shingle. (pitch and flat) 4. Mechanically fasten fiberglass base using #14 heavy duty with 3 inch gavalum metal plates as per code. A. The installation of the glass sheet will only take place once the 0.S. inspects and gives the final approval. Page 1. of 4 5. Install modified and primed gravel guard before applying hot asphalt to ensure a better attachment. The gravel guard will be installed on the entire perimeter of the build -up flat roof system. A. Remove and replace all standard plumbing pipe jacks. B. Install new pitch pans and rill with pourable sealant (flexible) on all steel anchor supports around air condition area. C. Replace all expansion joints. D. Remove and replace all standard exhaust roof jacks, and remove and seal penetration in inoperative vents in conjunction with Project Manager. 6. Apply 3 layers of ply IV fiberglass interplay sheets on hot asphalt. All water ponding areas need to be assured there will be no more water accumulation. If needed, fill areas with asphalt and ply 4 sheets to get it to drain level. 7. Install a modified class A bitumen mop down cap sheet on entire flat system. S. Install 12 one-way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 9. Remo\ e inoperable vent systems up to 2, as selected by the Project Manager. 10. Remo'.e all existing gutter system. 11. Install approximately 1000 linear feet of 6 inch residential seamless gutters (15" coil .032 aluminum). Install approximately 300 linear feet of 3 inch by 4 inch downspouts. A. Remove and replace all skylights. 12. Inspect and replace all damaged facia. 13. During every phase of the project, provide the O.S. notice and access to take pictures for documentation, of the different phases of work. Page 2 of 4 14. This roof will need to be inspected by a licensed engineer and a windstorm certificate will be required to be provided to the City before acceptance of work. 15. Insurance must be kept current throughout the term of the contract. 16. The contractor will be required to participate in a project kick off meeting with Project Manager and a final walk through prior to acceptance of the work by the city. 17. Contractor will have to provide their own portable restrooms. 18. Provide a 1 -year warranty for all workmanship and 1 -year warranty for materials. 19. Complete a 1 -year warranty walk through on the 1 lth month atter the project is accepted by the city. The above work scope is intended to be the requirement to complete the project. It is advised to visit the jobsite, with a prior appointment, to inspect the surrounding conditions and make recommendations as necessary'. Page 3 of 4 City of Corpus Christi Requirements 1. Successful bidder will be required to contractually meet the City's insurance requirements prior to executing the work. See attached "Insurance Requirements". II. Facility Building Maintenance will inspect Bidder's equipment before and/or during the project for safety. III. Performance Bond will be required for work over 100k. IV. Payment Bond will be required for work over 50k. Page 4 of 4 Attachment B - Schedule of Pricing Event Line Response Company: Event #: 96-2 Supplier Croup: Supplier: 1290 Supplier Contact: Supplier Contact Name: Sigifrcdo Montemayor Line Response Line Details Description: Lindale Senior Center Roof- Repair Item: LINDALE It0OI REPAIR Item Description: Roof Repair Quantity: " 0000 UOM: EA GTIN GTIN Description: Manufacturer Code: Division: Commodity Code: 914-73 Commodity Description: Roolin_ and Siding Line Response Information Vendor Item. Vendor Item Description. Quantity. 1 0000 UOM: EA Unit Price: 174,350.00000 No Charge: No No Bid: No Extended Price: 174.350.00 Delivery Date: Response Continents: Line #: 2 Supplier Name: South Texas Metal Roofing Output Type: PO Requested Delivery Date: Manufacturer Number: UOM Detail ATTACHMENT C INSURANCE REQUIREMENTS I. CONTRACT'OR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Solid Waste, 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 Iiability and Auto Liability policies by endorsement, and a x%aiver 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 COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or b) applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: I. Commercial Broad Form 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) I. Owned 2 . Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,0001500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days' advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days' advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) i f any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 1-1. It is agreed that Contractor's insurance shall be deemed primacy 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 hnsurance Requirements Facility and Property Management Roof Replacement Project 1 19 2016 ds RiskManagement CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number; 2016-20139 Date Filed: 03/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. • South Texas Metal Roofing 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-tised 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. Con+rcic,+ lam? `/ , `° 14au tindale Senior Center L. SM 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Montemayor, Sigifredo Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT i I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4 j •;. BRINE CRUMBLY f`•: = MY COMMISSION EXPIRES z March 21, 2017 AFFIX Swom 20 NOTARY STAMP r SEAL ABOVE to and subscribed before me, by the I k , to certify which, witness my hand said S Signature of authorized agent of contracting business entity ( t ` j 1`v tCcO m o vi4- (/Vlq i,1t he IS-} day of MO y(() . and seal f office. 1 IVI(t. Cvuttelliot CCJL 1 Signature of officer administering oa Printed name of officer administeri oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 1, 2016 TO: Margie C. Rose, Acting City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Appointment of Financial Advisor for Issuance of Utility System Revenue Refunding Bonds CAPTION: Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016", in an amount not to exceed $84,735,000. PURPOSE: The City plans on refunding any callable, outstanding Utility System Revenue Bonds for savings. 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 this transaction and approves the contract for the transaction. See the Financial Advisor's contract. 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, Assistant City Manager for General Government and Operations Support, and Director of Financial Services - including any person serving in any of the foregoing capacities on an interim or non -permanent basis. 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: Financial Advisor Contract Form 1295 TELEPHONE 210-930-4000 FAX 210-930-4001 t4/ X !_ I %��'rGll„.ci. i ,9% ./1.ec v Vv.., £. INVESTMENT BANKERS June 3, 2016 City of Corpus Christi, Texas 1201 Leopard Re: Up to $85,000,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2016 Page 2 (b) The City will pay Bond Attorney, Rating Agency fees and Paying Agent/Registrar directly or will direct M. E. Allison & Co., Inc. to pay these fees on behalf of the City from the cost of issuance proceeds subsequent to the closing of the bond transaction. (c) The City will at all times remain responsible for all fees incurred on behalf of the City in relation to the proposed bond issue. In the event the contemplated issue is not completed, the City will not owe the financial advisory fee to M. E. Allison & Co., Inc., but the City will remain responsible for all expenses incurred by the Firm on behalf of the City as well as all direct expenses of the City including Bond Attorney and Rating Agency fees. 5. This proposal is submitted in duplicate originals. When accepted by the City, it will constitute the entire agreement between the City and the undersigned for the purpose and considerations herein specified. Your acceptance will be indicated by proper signatures of your authorized officers or representatives on both copies and the returning of one executed copy to us. Respectfully submitted, M. E. ALLISON & CO., INC. By Auth • rized Representative ACCEPTED on behalf of the City of Corpus Christi, Texas the day of , 2016. Authorized Official *Preliminary, subject to change. .1‘. d, tea., cL. INVESTMENT BANKERS EXHIBIT A 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 $250,000 350,000 500,000 510,500 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 51,000 for all over $20,000,000 REVENUE BONDS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, REFUNDING BONDS, OBLIGATIONS USING A REVENUE SOURCE AS REPAYMENT, DIRECT SUBSIDY OBLIGATIONS OR LEASE PURCHASE In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding Bonds, Obligations using a revenue source as repayment, Direct Subsidy Obligations or Lease Purchase, the fee shall be the amount computed from the above schedule, plus 25°o. 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: 2016-65712 Date Filed: 06/03/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. M. E. Allison & Co., Inc. San Antonio, 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, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Corpus Christi 2016 UR -FA Financial Advisory Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Seal, Mark San Antonio, TX United States X Allison, Christopher San Antonio, TX United States X Allison Jr., Al San Antonio, 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. PATRICIA A PARKS Notary Public, State of Texas My Commission Expires December 16, 2016 gnature of authorized agent ontracting business entity AFFIX NOTARY STAMP / SEAL ABOVE --�— Sworn to and subscribed before me, by the said 'Ai 1F} A, sFs�� this the P_a day of vz, g... 20 1 . to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath 741- 7% ! 4171-`7_.. Forms provided by Texas Ethics Commission www.et ics. state. tx. us ersion V1.0. AGENDA MEMORANDUM City Council Meeting of June 14, 2016 DATE: TO: Margie C. Rose, Acting City Manager FROM: Saundra K. Thaxton, Assistant Director of Strategic Management saundra@cctexas.com, 361-826-3682 June 14, 2016 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Financial Services STAFF PRESENTER(S): Name Title/Position 1. Saundra K. Thaxton Assistant Director 2. Constance P. Sanchez Director OUTSIDE PRESENTER(S): Department Strategic Management Finance Name Title/Position Organization 1. Alyssa G. Martin, CPA Executive Partner, Advisory Services Weaver 2. Daniel Graves Senior Manager, Risk Advisory Services Weaver BACKGROUND: Weaver will present the results of the Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Financial Services. The report was organized around five major topical areas addressing organization and support of financial services, staffing levels, policies and procedures, financial performance reporting, and CAFR preparation. Weaver also evaluated internal controls against relevant risks. Ten divisional operations were assessed: Utility Billing Office, Purchasing, Accounts Payable, Payroll, Accounting, Accounts Receivable/Collections, Cash Management, Central Cashiering, Grants and Warehouse. Benchmarking was also conducted that compared the City's operations to other Texas cities. This study was conducted as part of the City's overall continuous improvement program to review and improve City operations. LIST OF SUPPORTING DOCUMENTS: PowerPoint: Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Service Department City of Corpus Christi Efficiency and Effectiveness of the Financial Services Department Report Assessment of the Efficiency & Effectiveness of Financial Services City Council Presentation June 14, 2016 Assessments: Overview • Purpose: • Identify gaps & improvements needed •Benchmark to other cities •Adopt best practices • Instill culture of continuous improvement • Recommendations: •Translated into Implementation Plan with tasks, timeline, & responsible staff • Implementation Plan is integrated into Annual Business Plans • For accountability, departments are monitored Prior Assessments Industry Experts OSM • FY2011: IT Competitive; $700k in cost savings • FY2011: Fleet Competitive; "rightsizing" downsized fleet by 8% (144 vehicles) w/$2.4m projected savings over 5 yrs • FY2012: Solid Waste No further privatization warranted; projected savings $1.2m -$2.9m over 5 yrs; First COS study • FY2 014: Fire 28 recommendations to improve organization & service delivery • FY2012: Municipal Court 32 recommendations to improve management processes, systems, & administrative controls • FY 2013: City Facilities Recommended comprehensive oversight of property management, facility maintenance & established first property & facility database • FY 2014: City Attorney • FY 2015: P -Card & Temporary Leased Worker Programs 24 & 12 recommendations, respectively Assessment: Scope & Objectives • How well is the department performing core services in all operational areas? — Utility Billing, Purchasing, Warehouse, Accounts Payable, Accounts Receivable/Collections, Accounting, Payroll, Grants, Cash Management & Central Cashiering • Focus Areas: organization, staffing levels, policies & procedures, process flows, financial performance reporting, CAFR preparation, internal controls On Schedule & Budget 7/18/2015 8/17/2015 8/27/2015 11/10/2015 Nov thru Apr May 2016 Jun 2016 RFP issued Proposals due to City Finalists interviewed Contract award to Weaver & Tidwell Consultant field work Consultant provides draft report Final report & City Council briefing Weaver & Tidwell, L.L.P. weaver • Alyssa G. Martin, CPA, Partner, Advisory Services • Daniel Graves, CPA, Senior Manager, Risk Advisory Services Procedures Performed • We conducted interviews with City personnel • Evaluated policies, procedures and processes of 5 key topical areas and 10 divisional operations — Compared to Government Finance Officer's Association (GFOA) policy best practices • Evaluated processes internal controls against relevant risks • Evaluated efficiency and effectiveness of operations to respond to Management's questions • Compared City of Corpus Christi's operations to other Texas cities, State statutes, and Corpus Christi's City Ordinances Topical Areas Organization and Support of Financial Services Policies and Procedures Staffing Levels Financial Performance Reporting CAFR Preparation Divisional Operations UBO Purchasing Warehouse Accounts Payable Accounts Receivable/Collections Accounting Payroll Grants Cash Management Central Cashiering Organization and Support of Financial Services • Financial Services Department is logically structured and the placement of the Utility Billing Office (UBO) and Budget Division are similar to other Texas cities • Segregating the Budget Office from Financial Services and UBO from Utilities provides an additional layer of internal control and segregation of duties for the City • Separate managers for Accounts Payable and Payroll are necessary for appropriate span of responsibility and control • The INFOR application was not configured to support business operations resulting in manual workarounds and increase labor workloads in the Financial Services Department — Reports used by Financial Services in the prior application were not developed in the INFOR implementation — Multiple data extracts and data compilations are required to provide Financial Services with similar data Staffing Levels • Additional personnel are necessary in the Financial Services Department to appropriately segregate duties within the Divisions and to align responsibilities within job roles and functions — Accounts Payable Manager — Business Technical Analyst — Investment Analyst — Travel Coordinator • Staffing levels are not systematically determined • There is a high dependence on Temporary Leased Workers to supplement staffing needs in Purchasing and the UBO • Based on the pay study performed by the City's Human Resource Department's, the pay for 5 of the 9 positions we evaluated were 5% or more below the "Market Average" — 3 positions that are below by greater than 5% — 1 position that is below by greater than 10% — 1 position that is below by greater than 20% 9 Financial Policies • City- wide policies should be revised and expanded to meet the GFOA best practices, — Some elements of the GFOA best practices contain content that are beyond the purview of the Financial Services Department and contain financially -related, Enterprise -wide subject matter GFOA Policy Recommendation Financial Policy Elements Elements Addressed by City Policy Not included in City Policy Essential 86 56 30 Important 62 29 33 Total 148 85 63 — Responsible City Departments should evaluate the 63 elements not included in current City policies to determine if existing policies should be revised Financial Performance Reporting • Compared in relation to 15 other Texas cities, Corpus Christi presents financial information and analyses more frequently than many other cities — Only 9 cities in our comparison provide publicly -available, periodic performance analysis other than their annual CAFR • Of the 21 benchmark ratios and financial balances evaluated, Corpus Christi is within the relative average of the 15 cities in 16 of the areas • Corpus Christi is higher in 3 areas and lower in 2 areas to the relative average of the 15 cities in the following benchmark rations and financial balances: — The City's is at or above average in • Total and current assets • Revenue per capita • Asset coverage of expenditures — The City also has higher • Long term and current liabilities • Expenditures per capita CAFR Preparation • The limited configuration of INFOR reporting during implementation has resulted in increased workload and timing to reconcile and close funds at period end • In addition to increased INFOR reporting functionality, data aggregation software may aid the Financial Services Department in preparing the CAFR • Increased financial reporting capabilities will provide meaningful information to more closely monitor the City's financial performance Divisional Operations Priority Level Moderate Low Divisional Operations • INFOR reporting should be enhanced Purchasing • Purchasing monitoring procedures should be increased • There is a high dependence on Temporary Leased Workers • Accounts Payable Division should have a manager separate from the Payroll Division Accounts Payable • • City does not have procedures in place to comply with the Texas Prompt Payment Act P -cards used to pay recurring invoices is inefficient and utilized disproportionately • There is a high dependence on Temporary Leased Workers Warehouse • Building maintenance should be performed to comply with employee health and safety requirements and increase operational abilities • The internal sales markup rate should be reviewed • There is a high dependence on Temporary Leased Workers UBO • There is a high volume of meter re -reads and manual estimates to complete invoices • Courtesy adjustment policies are broad • Payroll Division should have a manager separate from the Accounts Payable Division Payroll • Travel expense payments should be assigned to a dedicated Travel Coordinator • Dependence on Temporary Leased Workers should be reduced Priority Level Moderate Low Divisional Operations Priority Level Moderate Low Divisional Operations • Investment Analyst position should be filled to segregate investment functions Cash Management • Cash disbursement duties should be segregated to reduce dependence on the City Treasurer • Data uploads for received cash payments are manual and should be automated Central Cashiering • • Low volume substations should be considered for consolidation If not consolidated, physical security should be enhanced Accounts • INFOR reporting should be enhanced • Changes in City policies could be more effectively communicated Receivable/Collections • City employees should complete delinquent collections training • INFOR reporting should be enhanced Accounting • Financial Services should continue to coordinate with other departments to receive timely information • INFOR reporting should be enhanced Grants • Additional grants management software may assist in managing grants and compliance requirements Priority Level Moderate Low Director's Response: Major Issues • Health and safety issues: — Replacement of roof at Warehouse — Remediate moldy offices • Staffing: — Recommended five (5) new positions — Hire full-time equivalents (FTE's) versus using leased workers — Reclassify 6 out of 9 positions reviewed — Workforce planning analysis needed to systematically identify current and future staffing needs — Time study needed to define key activities by division • Lack of reporting with new software Director's Response: Major Issues • Utility meter and billing issues • Compliance with Texas Prompt Payment Act • Financial policies: — Adopt Government Finance Officer's Association (GFOA)'s best practices for financial policies — City-wide standardization needed Director's Response: Developing Solutions • Financial Services concurs with nearly all of the recommendations • An Implementation Plan has been developed to execute recommendations — Includes beginning and ending dates — Includes staff responsible for implementation Example of Implementation Plan City of Corpus Christi Finance Schedule 9...1 mare tna timanw • _ 1- _-- , Ism" Ewe t ma. se anng......amatpery due grama 18 Director's Response: Developing Solutions • Implementation Plan will become the foundation for Financial Service's FY2017 Business Plan (and future business plans as needed) • Recommendations will enhance Financial Services' efficiency and effectiveness QUESTIONS? City of Corpus Christi Efficiency and Effectiveness of the Financial Services Department Report May 13, 2016 weaver .�inte •Tax •Advisory .,!ince • Tax • Advisory Proceduresweavr Performed Assurance. Tax • Adveisory • We conducted interviews with City personnel • Evaluated policies, procedures and processes of 5 key topical areas and 10 divisional operations — Compared to Government Finance Officer's Association (GFOA) policy best practices • Evaluated processes internal controls against relevant risks • Evaluated efficiency and effectiveness of operations to respond to Management's questions • Compared City of Corpus Christi's operations to other Texas cities, State statutes, and Corpus Christi's City Ordinances Topical Areas Organization and Support of Financial Services Policies and Procedures Staffing Levels Financial Performance Reporting CAFR Preparation Divisional Operations UBO Purchasing Warehouse Accounts Payable Accounts Receivable/Collections Accounting Payroll Grants Cash Management Central Cashiering 2 weaver A)5G tiioLc • rtu• .kctviSOI Organization and Support of Financial Services Organizationwassurance and Structure eaveAdvisoryr •Tax • • Financial Services is logically structured and similar to other Texas cities • Segregating the Budget Office from Financial Services and UBO from Utilities provides an additional layer of internal control and segregation of duties for the City Separate managers for Accounts Payable and Payroll are necessary for appropriate span of responsibility and control Utility Billing and Budget Office Benchmark City Comparison City* Utilities Billing in Finance? Budgeting in Finance? Title of Finance Director 1 Amarillo Yes - Director of Finance 2 Arlington - Yes Director of Finance/CFO 3 Austin - Yes CFO Corpus Christi Director of Financi` Services 5 Dallas - Yes CFO and Director 6 El Paso - - CFO 7 Fort Worth - Yes Director 8 Garland - - Director 9 Grand Prairie - - CFO 10 Irving - Yes CFO 11 Laredo - - Director 12 Lubbock - - Director 13 Plano Yes - Director Totals 13 3 5 Director *The City of San Antonio was not included in the comparison due to the Utility Function being performed by an independent organization. 4 Supervisor -to -Staff Ratios weaver • Generally, Supervisor -to -Staff ratios appear appropriate based on internal benchmarks and other best practices guidelines. • City ratios were evaluated against internal criteria and best practices from external guidance — Corpus Christi Human Resources Department informally uses a 1:5 ratio — State of Texas utilizes a 1:11 ratio • Supervisor -to -Staff ratios should be re- evaluated in two divisions: - Utility Accounts: Resolution Intake (1:16 ratio) - Utility Accounts: UBO SMF Resolutions (1:0 ratio) - Procurement (1:12 ratio) �iO Pb..3r J, City of Corpus Christi Supervisor to Staff Ratios Division/Section Supervisor to Staff Ratio* 1 Administration 1:3 2 Accounting 1:6 3 City Treasurer 1:4 4 Cash Management 1:3 5 Central Cashiering 1:9 6 Collections 1:7 7 Utility Accounts 1:7 8 Utility Accounts: Resolution Intake , 1 r_' 9 Utility Accounts: Utility Billing 1:6 10 Utility Accounts: UBO SMF Resolutions C 11 Purchasing 1:1 12 Procurement 13 Warehouse 1:6 14 Grants 1:3 15 Accounts Receivable 1:4 16 Accounts Payable and Payroll 1:7 17 Accounts Payable 1:6 18 Payroll 1:8 Financial Services Department Average 1:6 *The Supervisor to Staff ratios include vacant positions and those filled with Temporary Leased Workers. 5 IT Support and Analysis weaver? Jssurance • Tax • Advisory • INFOR was not configured to support business operations resulting in manual workarounds and increase labor workloads in the Financial Services Department • Reports used by Financial Services that were available in the previous system were not developed in the INFOR implementation — Multiple data extracts are created and manipulated to get similar data — Increased time to process transactions and reconcile funds on a monthly basis • Financial Services would benefit from a dedicated Business/IT Technical Analyst in their department - Benefits include: • Balanced workload for Supervising Accountant currently fulfilling Analyst responsibilities in addition to accounting responsibilities • Appropriate levels of technical knowledge and expertise • Detailed understanding of the Financial Services Department's processes, applications, reporting, and end-user requirements 6 IT Support and Analysis weaver, - Assurance •Tmx • Advisory • IT Department does not consistently document and track help desk calls • For the documented help desk calls, IT Helpdesk support provides appropriate response and resolution time to Financial Services City of Corpus Christi IT Ticket Resolution Times Numb r of tick is R ASrerage Resolution Time 4Days U, ys R_:luirrcl to RuNulve Tick t • Additional collaboration between IT and end-user departments would increase long-term efficiency and effectiveness of the Financial Services Department 7 weaver) Assurance • Tax • Advisory Staffing Levels Staffing levels and Approach weaver Y • Additional personnel are necessary in the Financial Services Department to appropriately segregate duties within the divisions and to align responsibilities within job roles and functions — Accounts Payable Manager — Business Technical Analyst — Investment Analyst — Travel Coordinator • Staffing levels are not systematically determined • Temporary Leased Workers are heavily used to supplement staffing needs in Purchasing and the UBO • Workforce planning analysis and/or time study for the Financial Services Department should be conducted to determine appropriate staffing levels and reduce the reliance on Temporary Leased Workers specifically within — UBO — Accounts Payable — Payroll — Purchasing 9 Pay, Classification, and Qualifications weaveiN assurance • Tax • Advisory 17 • We evaluated the pay and classification for nine positions within the City and the qualifications of 22 employees filling those positions - City Treasurer - Senior Accountant - Accounts Manager - Cashiering Supervisor - Utility Accounts Manager - Buyer - Chief Accountant - Customer Service - Supervising Accountant Representative • We evaluated the pay and classification of the nine positions to the "Market Average" calculated by the City's Human Resource Department, based on external sources • The City should re-evaluate the pay for the positions with greater than a 5% below market variance - 3 positions that are below by greater than 5% - 1 position that is below by greater than 10% - 1 position that is below by greater than 20% • Generally the employees filling these positions meet the qualifications and requirements - One Buyer and one Senior Accountant did not meet the minimum education qualifications as defined in the City's job description 10 weaver rU.)tJ ifife. Iu •,I ci vii Of)' Financial Services Policies and Procedures Financial Policies weaver Assurance • Tax • Advisory • City- wide policies should be revised and expanded to meet the GFOA best practices, — Some elements of the GFOA best practices contain content that are beyond the purview of the Financial Services Department and contain financially -related, Enterprise -wide subject matter GFOA Policy Recommendation Financial Policy Elements Elements Addressed by City Policy Not included in City Policy Essential 86 56 30 Important 62 29 33 Discretionary 26 10 16 Total 174 95 79 • The City's Debt and Budgetary Financial Policies should be updated to include the basic elements recommended by the GFOA • The City's Investment Policy prescribes duties for an Investment Analyst, which is not a position currently in place at the City • Policies that affect various functional areas of the City (Financial Services, Human Resources, Administration, etc.) should be routed to the appropriate level of management in the Department to ensure continuity of processing and appropriate internal controls are in place 12 Financial Policies weaver „ .01/1Sol, The City should continue to implement the proposed plan to revise the City's policy structure and implement reasonable and sufficient policies that support practices across the City that includes: • Clear definitions of a policy vs. procedure • Workflow through senior management to evaluate and approve new policies or policy changes • Updates to all policies to include references to current systems, laws, processes, etc. • Consistent framework defining • Indexing • Approval authority • References to procedures and guidelines • Exceptions Compliance monitoring Version control 13 weaver). Assurance • Tax • Advisory Financial Performance Reporting Analyses of Financial Trends and Emerging Issues weaver} Assurance ro..ae.�:o.. Assurance • Tax • Advisory • We compared performance reports of the City to 15 other Texas Cities 1. Houston 2. San Antonio 3. Dallas 4. Austin 5. Fort Worth 6. El Paso 7. Arlington 8. Plano 9. Laredo 10. Lubbock 11. Garland 12. Irving 13. Grand Prairie 14. McAllen 15. Midland • The City presents financial information and analysis more frequently than many other Texas cities — Corpus Christi provides City management monthly budget to actual information, quarterly Budget Performance Reports, and detailed trend analysis — Other cities in the comparison publically provide annual budget reports or periodic reports of revenue streams such as hotel tax, sales tax, or utility revenue • The nine cities indicated in bold above provide publicly -available, periodic financial performance analysis other than the CAFR 15 Performance Criteria and Weaver} Results Assurance • Tax • Advisor y • Current City Performance Reports (CPR) provide operational and task - based information • Financial performance criterion have not been defined for tracking and monitoring • We identified 10 financial balances and 11 benchmark ratios and performed comparative analysis against 15 Texas cities • Relative to the 15 cities in our comparison for the benchmark ratios, the City's is higher or lower to the relative average in the following: — The City's is at or above average in • Total and current assets • Revenue per capita • Asset coverage of expenditures — The City also has higher • Long term and current liabilities • Expenditures per capita 16 weaver Assurance • Tax • Advisor CAFR Preparation Preparation Time weaver • CAFR preparation time is reasonable based on the size and complexity of the City — Estimated time to close the year, reconcile funds and prepare CAFR schedules range from 2,500 to 3,300 hours — 305 hours of the close time is related directly to CAFR preparation • 135 hours are preparing the final CAFR document • 170 hours are for preparing statistical information and footnotes • Reports and data extracts needed to prepare the CAFR are not readily available in INFOR, which increases the amount of time necessary to complete the financial close process • Data aggregation software may aid the City in preparing the CAFR • Financial reporting capabilities will provide meaningful information to more closely monitor performance Top Texas Cities Ranking # Entity 2014 Population 2014 Total Governmental Expenditures Estimated Preparation Hours CAFR Preparation CAFR Software Used i In -House Audit Firm 1 City of Houston 2,239,558 2,817,613,000 X 7 City of Arlington 383,204 384,318,000 390 X 8 City of Corpus Christi 320,434 404,784,752 135 X 12 City of Garland 235,501 223,465,328 X 13 City of Irving 232,406 287,440,647 960 X 15 City of Grand Prairie 185,453 231,805,456 80-100 X X 22 City of Killeen 138,154 112,278,907 X CCH 25 City of Denton 128,205 140,549,073 X 40 City of Allen 94,179 99,723,820 60 X 45 City of Bryan 80,913 73,496,546 400-500 X 59 City of Georgetown 59,102 95,231,172 80-100 X X 61 City of Rowlett 58,407 47,696,162 50 X 65 City of Euless 53,630 58,148,151 60 X 107 City of Southlake 29,086 74,455,839 50 X 198 Town of Addison 15,457 54,752,200 X X CAFR Unlimited 261 Town of Highland Park 8,950 27,617,966 32 X 18 weaver a::��o��e. ra..ne��so., Assurance • Tax • Advisors Divisions • Utility Billing Office (UBO) • Purchasing • Warehouse • Accounts Payable • Payroll • Cash Management • Central Cashiering • Accounts Receivable and Collections • Grants • Accounting weaver} Assurance � Tax � Advisory Assurance • Tax - Advisory Utility Billing Office (UBO) Utility Billing Office weaver. %1ssat (Inc e - iuh •.+dvi vary4)1111116'. We evaluated the procedures in place to identify the internal controls in place for the Utility Billing Office process Process Area Identified Controls Customer Set-up 3 Customer Set-up: Previous Customer or Delinquent Accounts 3 Security Deposits: New Customer 2 Meter Reading 4 Billing and Invoicing 3 Billing: Fees and Payment 3 Adjustments/Write-Offs: Credit Adjustments and Fee Waivers 3 Adjustments/Write-Offs: Write-offs and Non- Sufficient Funds (NSF) Checks 4 Allowances 1 Security Deposits: Cancelation of Services 3 Utility Rates 2 Complaints 2 Total 33 21 I I Billing and Receivables Management weaver} Assurance � Tax � Advisory Assurance • • Advisory • Automated Meter Readers (AMR) may not provide accurate readings, requiring meter re -reads, manual estimations and calculations to complete utility billing (20 - 30% of invoices) • Utilities and the UBO cannot reconcile the total gallons of water treated and distributed over any given period • Work orders to resolve AMR issues are not resolved in a timely manner — As of January 2016, over 4,000 Utility Field Services work orders are outstanding dating back to January 2014 — UBO Supervisors and Managers spend significant amounts of time estimating usage for billing and resolving billing disputes • Estimates are used more frequently than allowed by City Ordinance • City's "courtesy adjustment" policy is broad and allows too much discretion • The INFOR system will provide Customer Service Representatives adequate access to respond to customer inquires • Water revenue and cost of service analysis is detailed in the Utility Rate Model • The detail in the model adequately supports the cost of service 22 Billing and Receivables Management weaver +11l1:ir iCe - ,(i.1 • std ✓i10ly • UBO personnel adequately monitor billing activity, delinquency notices, account aging, and trends for collections and write-offs • Additional metrics could be monitored to improve UBO operations — Monthly Uncollectable Rate — No -read percentages for meters — Percentage of total adjustments to customer bills per month — Breakdown of meter no -reads that require estimates, manual calculations and visual re -reads • We compared the City of Corpus UBO to other Texas cities — Of the 19 cities surveyed, 16 respondents submitted responses to our inquiry 23 UBO FTEs Billings Per Month Uncollectable Rate High 41 21 15% Low 12 1 0.66% Median 16 5 8% City of Corpus Christi 17 21 9.47% 23 weaver} Assurance • Tax • Advisory Purchasing Purchasing weave r4 fi�su,once • Tax • iinvrsory We evaluated the procedures in place to identify the internal controls in place for the Purchasing process Process Area Identified Controls Purchase Initiation and Approval Purchase Request Initiation 4 Purchase Approval 3 Purchase Order Modifications 1 Purchasing Activities Informal Bidding 3 Emergency Purchases 4 Sole Source Purchases 3 Inter -local and Cooperative Agreements 3 Sourcing Solicitation 4 Evaluation of Bids / Proposals 3 Selection and Award 3 Contract Negotiation, Approval and Issuance 2 Construction Sourcing Solicitation 2 Evaluation of Bids 1 Proposals 4 Selection and Award 4 Contract Negotiation, Approval and Issuance 2 Change Orders 3 Process Area Identified i Controls Contract and Vendor Monitoring Contract Monitoring 1 Inter -local and Cooperative Agreements - Vendor Spending Monitoring 1 Vendor Acceptance and Maintenance Vendor Acceptance and Setup 3 Vendor Maintenance 1 P -Card Purchases P -Card Request and Approval 2 P -Card Usage 4 P -Card Account Reconciliation 2 P -Card Monitoring and Tracking 2 P -Card Usage Overrides 1 Lost/Stolen P -Card 1 P -Card Cancellation 1 Total 67 25 Internal Controls weaver} Assurance � ru,. Advisory • Tax • Advisory • We identified opportunities to improve the purchasing process, including opportunities to increase efficiency — Monitoring purchases and spending to consolidate similar items — Tracking and reporting violations in purchasing procedures — Monitoring procedures to identify split and/or sequential purchases — Increasing access to and knowledge of Inter -local and Cooperative Agreements — Developing standard INFOR reports to reduce queries — Reducing reliance on Temporary Leased Workers to process P -Cards — Develop a policy to formally present contract change City Council for approval • Many of the improvements had already been identified by the Assistant Director of Financial Services in charge of purchasing, who was hired in January 2016 • We compared Corpus Christi to other Texas cities • Of the 19 cities surveyed, 14 respondents submitted responses to our inquiry orders to City Management and/or the Centralized/ Decentralized Centralized Decentralized 11 3 Centralized Note - One city reported that they are centralized only for purchases greater than $5,000. All purchases less than $5,000 are performed at the department level with dedicated purchasing personnel in that department. 26 Purchasing FTEs High 76 Low 3 Average 14 City of Corpus Christi 15 Centralized/ Decentralized Centralized Decentralized 11 3 Centralized Note - One city reported that they are centralized only for purchases greater than $5,000. All purchases less than $5,000 are performed at the department level with dedicated purchasing personnel in that department. 26 weaver Assurance � Tax �- Assurance • Tax • Advisory Warehouse Warehouse weaver %urancr . Tax - Advisory We evaluated the procedures in place to identify the internal controls in place for the Warehouse process Process Area Identified Controls Non -Stock Inventory Items 1 Stock Inventory Items 3 Receiving and Stocking 3 Receiving (Accounting) 1 Shipping 2 Inventory Issuance 1 Inventory Returns 2 Inventory Write-off - Inventory Count 1 Physical Inventory Count 2 Inventory Adjustment - Total 16 28 Warehouse Operationsweavery • Purchasing Divisions' Warehouse appears to be appropriately positioned in the Financial Services Department • We identified opportunities to improve warehouse operations - Repairing structural (roof) damage to the warehouse and remediating mold damage to comply with employee health and safety requirements and utilize square footage - Review and evaluate the sales mark-up rate - the current 13% sales markup rate has not been validated - Implementing cycle counts • All 19 cities surveyed are included in our comparison Note - One city reported using multiple warehouses throughout their operations. Each warehouse was managed by the individual department it served. Rank City Utilizes a Central Warehouse Warehouse Function Organized in Finance Yes 13 10 No 6 12 City of Corpus Christi Yes _ Yes Note - One city reported using multiple warehouses throughout their operations. Each warehouse was managed by the individual department it served. Rank 2014 Estimated Population Ci ry Year -End Inventory Value $ 8 320,434 City of Corpus Christi $362,863.00 12 235,501 Garland $5,127,814.00 13 232,406 Irving $1,058,000.00 22 138,154 Killeen $808,765.00 25 128,205 Denton $5,893,144.00 Note - Of the top 25 Texas cities, 4 respondents provided data who are comparable in size and operations. 29 weaver •ssurance • Tax • At, Accounts Payable I Accounts Payable weaver? Assurance Assurance • Tax • Advisory We evaluated the procedures in place to identify the internal controls in place for the Accounts Payable process Process Area Identified Controls Vendor Invoice Review and Approval Services Invoices/Materials Invoices/ 2 Inter -local and Cooperative Purchases 2 Misc. Invoice/Non-PO Related - P -Card Payments to Vendors 3 Electricity and Telecom Expenses through AP P -Card 1 Grants - Engineering/Construction 2 Credit Memo 1 Process Area Identified Controls Processing Accounts Payable Recording Invoices 1 Invoice Approvals - Invoices to be Paid and Payment 2 Reporting and Reconciliation Interest Paid on Invoices Paid Past 30 days - Accounts Payable Aging Review (Net 30 Posting only) - Total 14 31 Processing Accounts Payable weaver} Assurance. Tn+'. Advisory Assurance • Tax • Advisory • The Accounts Payable Division should have a manager separate from the Payroll Division • The Accounts Payable Division processes payments in a reasonable amount of time, once they are received from other City departments • Accounts Payable personnel should formalize procedures to escalate and resolve invoice discrepancies • The City does not have a process in place to ensure compliance with the Texas Prompt Payment Act • The City's process for receiving, approving and paying invoices is not effective or efficient - Invoices are not received at a central location — 3 -way match of invoices, receiving documents and purchase orders are not consistently performed due to missing documentation from receiving departments — Departmental invoice approval is delayed resulting in the City owing interest to vendors in accordance with the Texas Prompt Payment Act (estimated at $186,000 in interest due for late payments from September 2015 to January 2016) • Of the 19 cities surveyed, 9 are included in our comparison 32 Accounts Payable FTEs Avg Days to Process Invoice AP Processing Days Estimated Monthly Disbursements (Check/ACH/Other) High 12 18 7 3,500 Low 1 3 2 250 Median 5 7 7 850 City of Corpus Christi 5 35 4 3,500 32 Accounts Payable Trainingweaver," .rseetrnce e7n riuvnury • To earn a rebate, P -cards are used disproportionately and inefficiently to pay recurring invoices — Contracts for Temporary Leased Workers, Office Supplies, Electricity, and Telecom are paid with P -cards — Transactions are recorded in several systems and spreadsheets before being recorded in INFOR at a summary level — Payments are not processed against purchase orders — P -card reconciliations are performed by Payroll personnel — Accounts Payable P -cards have a $97,000 single item and $1.25 million monthly limit — P -card rebates totaled between $111,000 and $191,000 annually from 2008 through 2016 • The City should reduce dependence on Temporary Leased Workers to monitor the P -card program 33 we ave r Assurance • Tax • Advisory Payroll Payroll weaver> -,ssurur,ce • lux • tiuvuory We evaluated the procedures in place to identify the internal controls in place for the Payroll process Process Area Identified Controls Employee Set-up and Removal New Hires 2 Terminations 2 Employee Changes 2 Timekeeping and Approval Time Entry and Validation 3 Holiday, Vacation, Sick Pay Processing 2 Payroll Processing Payroll Register Reconciliation 3 Exception and Error Review 2 Segregation of Duties 1 Voluntary Deductions 2 Termination Pay/Retirement/Resignation 2 Off -Cycle Pay Requests 1 Garnishments 2 Process Area Identified Controls Reconciliation and Reporting Payroll Reasonableness Review 3 Payroll JE's and GL Reconciliation 2 System Access and Review 3 Travel Processing Travel Reimbursement Processing 2 Total 34 • The City has controls in place within the Payroll Division and IT to identify "ghost employees" • There does not appear to be duplication of efforts between the Payroll Division and other departments in the City 35 Payroll Processingweaver • Several opportunities were identified to improve efficiencies in payroll processing as well as to improve internal controls — Separate Accounts Payable and Payroll managers to improve oversight — Updating outdated timekeeping software — Automating timesheet approval and reducing dependency on Temporary Leased Workers to approve timesheets — Synchronizing data between payroll systems for the Fire Department or requiring the Fire Department to record time in the City-wide timekeeping system — Human resources communicating pay status changes to payroll and all other affected departments — Removing travel expense payments from Payroll to Accounts Payable with a dedicated Travel Coordinator position • All 19 of the cities surveyed are included in our comparison Note 1 - The function of the FTEs represented is to process payroll within the Payroll Division and do not include personnel within other departments who review and approve timesheets. Note 2 - FTE's represented within the count for the City of Corpus Christi include personnel who track and validate time as well as personnel who process travel advances and reimbursements. 36 Payroll FTEs # Pay Periods Per Month High 48 4 Low 1 2 Mode 1 2 City of Corpus Christi 9 2 Note 1 - The function of the FTEs represented is to process payroll within the Payroll Division and do not include personnel within other departments who review and approve timesheets. Note 2 - FTE's represented within the count for the City of Corpus Christi include personnel who track and validate time as well as personnel who process travel advances and reimbursements. 36 weaver Assurance • Tax • Advisory .> Cash Management Cash Management weaver Assurance • Tax • Advisory We evaluated the procedures in place to identify the internal controls in place for the Cash Management process Process Area Identified Controls Cash Disbursements & Transfers 3 Positive Pay 1 Cash Accounting 1 Close-out, Reconciliation, and Reporting 2 Cash Deposits 3 Investments 4 Total 14 38 Opportunities for Automation or Improvement weaverA, Assurance - 7a ..0 nir.Amor • The City could improve the cash management and investment processes to be more efficient and effective - Cash management is highly dependent on the City Treasurer to approve check runs and conduct all investment activities without segregation of duties - Segregating investment duties by filling the Investment Analyst position provided by the City's Investment Policy - Automating the activity uploads for cash payments received into INFOR • Five separate data files are received from various departments • The data files are inconsistently created • Each data file must be processed by to prepare it for import - Segregating duties to process cash disbursements • Of the 19 cities surveyed, 18 respondents are included in our comparison Note - The duties of the investment analyst could be performed by personnel within the cities surveyed who do not have an Investment Analyst title. 39 Defined Investment Committee and Officers Investment Analyst Position Yes 18 5 No 0 13 City of Corpus Christi Yes No Note - The duties of the investment analyst could be performed by personnel within the cities surveyed who do not have an Investment Analyst title. 39 weaverd.- Assurance • Tax • Advisory Central Cashiering Central Cashiering „.„.„.„t.t. . IOA •lid L'ii V7.411.4n We evaluated the procedures in place to identify the internal controls in place for the Central Cashiering process Process Area Identified Controls Management review of previous day deposits 2 Cashier document payments and management reviews transaction 3 Issuance of cash drawers 7 Management secures cash 3 Management physically secures cash 3 Management reviews employee credentials 1 Management tracks inventory 1 Customer receipts documented 2 Management approves reconciliation 3 Staff reconciles accounts 1 Collection/Posting Payments 2 Total 28 41 Cash Collections weaver) • Development Services substation has very low volume (10% of the Central Cashiering substation) and could be consolidated with Central Cashiering • Physical security at the Development Services cashiering location should be enhanced for employee safety • Heavy reliance is placed on an in-house developed application and the City should continue to convert from the HTE application to the PCI application to coincide with the implementation of INFOR • Corpus Christi offers payment options that are similar to those of other Texas cities • Of the 19 cities surveyed, 17 respondents are included in our comparison 42 Lockbox Phone Substation Online Collections Other Yes 13 16 7 17 12 4 No 3 1 10 - 2 9 No Response 1 - - 3 4 City of Corpus Christi Yes Yes Yes Yes Yes Yes 42 CO weaver Assurance • Tax•Advisory Assurance • Tax • Advisory Accounts Receivable / Collections Accounts Receivable / Collections weaver Assurance • Tax • Advisory We evaluated the procedures in place to identify the internal controls in place for the Accounts Receivable / Collections process Process Area Identified Controls System Access 1 Invoice Request 2 Invoice System Log -in 2 Invoice System Posting 3 Staff Training - Billing Accuracy 3 AR Aging/Collection Efforts 1 Aging Report Reconciliation 1 Bank Account Reconciliation 2 Total 15 44 Billing Processing and Collections weaver, -»u+ur7�e iuA rCivu Uf"V • Accounts receivable personnel routinely create and send invoices in a timely manner • Changes in City policies or procedures that affect invoicing for services are not effectively communicated the Accounts Receivable personnel • Opportunities for automation exist to improve efficiency in operations - Reporting - Data collection - Reconciliations • City personnel pursuing delinquent collections should receive training to prevent legal violations, or collections should be outsourced • Several other Texas cities in our comparison have centralized Accounts Receivable and Collections like th • Of the 19 cities surveyed, 15 respondents are included in our comparison Centralized/ Decentralized Centralized 10 Decentralized 5 Centralized 45 Accounts Receivable FTEs High 6 Low 1 Median 3 City of Corpus Christi 4 Centralized/ Decentralized Centralized 10 Decentralized 5 Centralized 45 weaver) Assurance • Tax • Advisory Accounting Accounting weaver• assurance • Tax • Advisory We evaluated the procedures in place to identify the internal controls in place for the Accounting process Process Area Identified Controls Account Reconciliations 4 Journal Entries 2 Estimates 3 Revenue Recognition 2 Bank Reconciliations 2 Fixed Assets 2 Monthly Close 2 Total 17 47 Financial Close Time weaver' Assurance • Tax • Advisory .4)111.— • The City's Accounting Division has difficulty closing the financial records within the 14 day target — INFOR implementation has caused closing delays to the monthly close — Changing the year-end date also contributed to delays to the year-end close — Departments outside of Financial Services do not turn in reconciliations in a timely manner — INFOR fixed asset module causes delays in closing year-end records due to lack of reports and data being readily available • The City's financial close time is comparable to other Texas Cities • Of the 19 cities surveyed, 16 respondents are included in our comparison, all of which have a September 30 year end 48 Accounting FTEs # of Days to Close Monthly # of Days to Close Annually CAFR Draft Completion Date High 34 12 90 April 18 Low 3 3 10 January 15 Median 11 9 48 March 3 City of Corpus Christi 12 14 37 March 31 48 weaver • Assurance • Tax • Advisory Grants Grants weaver} Ks,,; ,;<.+,,.,o; y We evaluated the procedures in place to identify the internal controls in place for the Grants process Process Area Identified Controls Monitoring of Spending 2 Reimbursement Requests 4 Financial Closeout 2 Total 8 50 Close -Out Time weaver► • Grants are closed out in a timely manner • Opportunities to improve efficiencies and internal controls exist — Improving INFOR reporting to improve data availability — Reviewing setup of grant revenues in INFOR • Due to high volume funding sources, the City should consider purchasing grant management software to assist in managing grants and compliance requirements • Of the 19 cities surveyed, 15 respondents are included in in our comparison Note - The majority of the cities do not have dedicated grant accountants. Grants are processed through other accounting positions. 51 Grant Accountant FTEs Number of Grants $ Value of Grants SEFA Draft Completion Date High 4 85 $30-M + March 28 Low 0 3 < $500K November 16 Average 0 22 $5.7 M March 3 City of Corpus Christi 4 64 $17.5M January 29 Note - The majority of the cities do not have dedicated grant accountants. Grants are processed through other accounting positions. 51 weaver} Assurance • t x • Advisory Conclusion Conclusion weaver' Assurance • Tax • Advisor; • The Financial Services Department should perform a reports needs analysis and reporting functionality and automation should be built into INFOR • Key staffing and positions should be filled to appropriately segregate duties and reduce dependence on Temporary Leased Workers • Management should create an action plan that is prioritized for each division to implement remediation for priority items in the next 6 months • Designate individuals responsible for taking action and target implementation dates 53 weaver Assurance • Tax • Advisory Discussion vageorsorneameer- Alyssa G. Martin, Partner Alyssa.Martin@weaver.com 972.448.6975 Weaver 1601 S. Mopac Expressway Suite D250 Austin, Texas 78746 Daniel Graves, Senior Manager Daniel.Graves@weaver.com 512.609.1913 APPENDIX A City of Corpus Christi Financial Services Assessment GFOA Recommended Policy Comparison May 13,2016 Existing City Reasonable/ GFOA Recommended Policies Essential Important Discretionary Policy? Sufficient? General Fund Reserves' • Definition and Purpose of Reserves X Yes 4 Reserve Target Levels X Yes Yes Funding the Target Amount X Yes Yes Conditions for Use of Reserves X Yes 4 Authority Over Reserves X Yes 4 Replenishment of Reserves X - Excess Reserves X Periodic Review of Targets X - Reserves in Other Funds` Reserves for Other Governmental Funds Establish Intent for Special Purpose X Yes Target Level of Reserves X Yes Maximum Level of Reserves X - Sources of Funding X Yes Reserves for Internal Service Funds Target Level of Reserves X Yes Funding of Reserves X Yes Use of Reserves X Yes Excess Reserves X - Reserves for Enterprise Funds Definition and Purpose of Reserves X Yes Yes Target Level of Reserves X Yes Yes Funding of Reserves X Yes Yes Conditions for Use of Reserves X Yes Yes Authority over Reserve X Replenishment of Reserve X - Excess Reserves X Revenues* Revenue Goals Diversification and Stabilization X - Equity X Relation to Economic Development X Collections X I Non-recurring and Volatile Revenue Non-recurring Revenues X Volatile Revenues X New Revenues and Changes to Revenues X Estimates of Revenue Forecasting Philosophy X - Multi-year Forecasts X Yes Revenue Manual X Earmarking X User fees Goal of User Fees X Cost Recovery X Review of Fees X Property Taxes X Grants X 2 Expenditures* Funding Operations X 3 Personnel Compensation X weaver,,-•RISK ADVISORY SERVICES Page 1 of 5 1031 APPENDIX A City of Corpus Christi Financial Services Assessment GFOA Recommended Policy Comparison May 13,2016 GFOA Recommended Policies Essential Important Discretionary Existing City Reasonable/ Policy? Sufficient? Funding Non-Current Liabilities Asset Maintenance and Replacement X • Pensions and OPEBs X Yes Efficiency X _ Outsourcing X - Operating Budget' Key Budget Features Scope X - Length of the Budget Period X ` Yes Basis of Budgeting X Cost Allocation X - Level of Control X - Definition of a Balanced Budget X Yes Ycs Budget Form and Information X Yes Yes Long-term Financial Forecasts X - Performance Measurement X Principles of Budgeting Link the Budget to Long Term Strategic Plans X Critically Examine Past Spending Patterns X Prioritize Services X fes Yes Understand and Manage the'Price of Government" X Yes Yes Assign Costs to Users X Yes Yes Maintain Existing Services Over Providing New Services X • Fund Liabilities X YL Yes Preferences for Budget-Balancing Strategies X - Policies for Special Situations X Yes Yes Budget Process X Budget Control System X Yes Yes Amendments to the Budget X Yes Yes Capital Asset Management' Capital Improvement Plan Scope X Yes Yes Project Identification X Participants X Selecting Projects X - Balanced CIP X Funding Strategies X _ Operating Budget Impacts X _ Capital Budget X Yes Capital Project Management X - Capital Asset Maintenance Inventory and Physical Condition X Establish Standards by Asset Class X Evaluate Infrastructure and Set Priorities X Develop Funding Policies X Monitor and Communicate Progress X Long-Term Financial Planning Scope of the Plan X Relationship Between Financial and Strategic Planning X Find Imbalances X Long-term balance X Debt Management Purpose X Yes weaver -RISK ADVISORY SERVICES Page 2 of 5 1032 APPENDIX A City of Corpus Christi Financial Services Assessment GFOA Recommended Policy Comparison May 13,2016 Existing City Reasonable! GFOA Recommended Policies Essential Important Discretionary Policy? Sufficient? Conditions for Debt issuance Acceptable Purposes and Conditions for Use of Debt X Yes Yes Permissible Debt Instruments X Y.cs Yes Restrictions on Debt Issuance Common Policy Elements Restricting the Use of Debt X Yes Requirements for Pay as You Go Financing X Financial Limitations General Debt Limitations X Yes Revenue Debt Limitations X Yes Structuring Practices Maturity Guidelines X Yes Debt Service Schedule X Debt Service Funds X Use of Credit Enhancements X Use of Redemption Features X • Use of Capitalized Interest X Debt Issuance Process Approval of Issuance X Yes Determining the Method of Sale X Yes Yc,s Selection and Use of Professional Service Providers X Yes Yes Credit Ratings X - Intergovernmental Coordination X Debt Management Process Investment of Bond Proceeds X Yes Yes Compliance Practices X Yes Yes Refunding Bonds X Yes Yes Market and Investor Relations X Yes Yes Credit Rating Goals X Special Situations Use of Derivatives X see Yes Interfund Borrowing X - Variable Rate Debt X Yes Yes Short-term Debt X Yes Yes Lease Debt X Yes 2 Alternative Financing Products X Other Forms of Debt X Investment Management Scope X Yes Yes Objectives X Yes Yc Pooling Funds X Yes Yes Standards of Care Authority to Invest X Yes Yes Investment Committee X Yes Yes Prudence X Yes Yes Conflicts of Interest and Ethics X Yes Yes Investment Portfolio Authorized Investment X Y Yes Prohibited Investment X Yes Yes Diversification X Yes Yes Maturities X Yes Yes Competitive Bidding X Yes Yes weavers •RISK ADVISORY SERVICES Page 3 of S 1033 APPENDIX A City of Corpus Christi Financial Services Assessment GFOA Recommended Policy Comparison May 13,2016 GFOA Recommended Policies Essential Important Discretionary Existing City Reasonable Policy? Sufficient? Safekeeping and Custody Eligible Institutions X Yes Yes Investment Advisors X Yes Yes Collateral X Yes Yes Safekeeping X Yes Yes Internal Controls X Yes Yes Reporting Reporting Frequency and Format X Yes Yes Performance Targets X Yes Yes Accounting,Auditing,and Financial Reporting" Audit Committee Membership X Yes 7 Responsibilities X Yes z Accounting Basis of Accounting for Records X _ Empowerment of Staff for Management Decisions of Accounting Issues X Endorsement of Key Management Accounting Policies X Examination of Critical Management Practices X Reporting External Reporting X Internal Reporting X External Auditing X Internal Control and Risk Management Traditional Risk Management*** Objectives X Yes 3 Authority X Implementation X Risk Financing X Traditional Internal Controls Control Environment X 3 Responsibility X Communication of Internal Controls X Enterprise Risk Management Definition of Risk and Governance X Attitude of the Organization toward Risk X Risk Aware Culture and Control Environment X Architecture of Risk Management X Risk Management Roles and Responsibilities X Economic Development•"• Scope of the Policy X Yes Yes Goals for Economic Development X Ye:: Yes Project Eligibility X Yes Yes Evaluating Proposals Evaluation Criteria X Yes Yes Stakeholder Involvement X Yes Yes Information Required X Yes Yes Performance Standards X Yes Yes Other Issues with the Instrument X weaver,y •RISK ADVISORY SERVICES Page 4 of 5 1034 APPENDIX A City of Corpus Christi Financial Services Assessment GFOA Recommended Policy Comparison May 13,2016 GFOA Recommended Policies Essential Important Discretionary Existing City Reasonable/ Policy? Sufficient? Procurement Guiding Values for Public Procurement X Yes Yes Objectives of the Purchasing System Cost(lifecycle cost policy) X Yes Yes APPEn X Yes Yes Timeliness X Yes Yes Managing Risk X Yes Yes Social and Economic Objectives X Yes Yes Maximizing Competition(full and open competition) X Yes Yes Maintaining Integrity and Transparency(ethics policy) X Yes Yes Purchasing Authority X Yes Yes Exceptions to Bidding X Yes Yes Purchasing Preferences X Yes Yes Standards X Yes Yes 86 62 26 95 82 1*Policy area applies to the Office of Management and Budget **Policy area applies to the City Auditor's Office ***Policy area applies to Legal Department/Risk Management ****Policy area applies to the City Business Liaison/Economic Development Office • While generally sufficient,the existing policy does not include defining targets designed to limit any variances in performance,efficiency,and cost 1 effectiveness expected from the departments to which the policy applies.Targets for this policy can include expected collection rates of receivables,a broad guidance in the manner to which collection should be pursued,and circumstances when cost outweighs the benefit of pursuing collections. The existing policy does not provide guidelines that align its elements to the city's missions,priorities,and fiscal goals along with defining targets that 2 would limit variances in performance,efficiency,and cost effectiveness from the department to which the policy applies.Guidelines that would limit overreliance to certain instruments/programs for funding programs are not provided.Guidelines for this policy can include that would validate the need for pursuing grants or other funding programs and the use of credit/debt instruments. 3 The existing policy only addresses a portion of elements from the recommended practices and provides incomplete information on performance targets, rights and responsibilities,reporting and policy rationales. 4 The existing Policy does not include the recommended elements established within the GFOA Best Practices and should be enhanced. 5 The existing policy does not address the forecasting methods that are approved and used by the City. 6 The existing policy does not provide details on the City's pension program or reference the use of State of Texas Programs. 7 The policy areas is only listed in the Cities Municipal Code and not formalized within the Financial Policies. weaver RISK ADVISORY SFRVICFS Page 5 of 5 1035 1036 AGENDA MEMORANDUM City Council Meeting of June 14, 2016 DATE: June 6, 2016 TO: Margie C. Rose, Acting City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Charter Review Ad Hoc Committee Final Report OUTSIDE PRESENTER(S): Name Title/Position 1. John Bell Chairman 2. 3. BACKGROUND: Organization Charter Review Ad Hoc Committee On September 8, 2015, the City Council made a motion of direction adopting a timeline that would create a Charter Review Ad Hoc Committee. The committee's charge was to review the City Charter and propose charter amendments in the following areas: 1) authority to levy a property tax to fund residential street reconstruction, 2) review of Article II, City Council, including term limits, and 3) "housekeeping" items proposed by staff. The committee met from October 2015 to June 2016. The committee has completed their final report for the Council's consideration. LIST OF SUPPORTING DOCUMENTS: Final Report FINAL REPORT CHARTER REVIEW AD HOC COMMITTEE 2015-16 Members John Bell, Chair Armando Chapa Lany Elizondo, Sr. Butch Escobedo Mayor Emeritus Henry Garrett Brent Hess Oscar Martinez Pastor Richard Milby Jay Reining LIST OF PROPOSITIONS Proposition 1. Establishing a Dedicated Fund To Be Used Solely for Residential Street Reconstruction and Authorizing the City Council To Levy, Assess And Collect A Property Tax Not To Exceed Six Cents ($0.06) Per One Hundred Dollars ($100.00) Of Assessed Value For The Purpose Of Residential Street Reconstruction, Said Taxes To Be Maintained In This Dedicated Fund And Used Solely For The Purpose Of Residential Street Reconstruction, And Said Taxes to Be Gradually Implemented at a Rate of Not More Than Two Cents ($0.02) Per One Hundred Dollars ($100.00) Per Year. Proposition 2. Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. Proposition 3. Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Proposition 4. Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. Proposition 5. Providing For The Appointment Of Two Alternate Members To The Civil Service Board. Proposition 6. Eliminating The Prohibition On City Employees Filing For Nomination Or Election To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. Proposition 7. Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. Proposition 8. Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. Proposition 9. Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. Proposition 10. Updating Legal References In The General Powers Section And Clarify The General Powers. Proposition 11. Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law. 1 INTRODUCTION The Charter Review Ad Hoc Committee was appointed by the City Council in September 2015 to consider options for funding the reconstruction and maintenance of residential streets, options for lengthening the elected terms of the City Council, and other items necessary to update the City Charter. The Committee met monthly to review the different sections of the City Charter, solicit public input, consider terms of office and the provisions applicable to the City Council, consider street funding options, and consider various "housekeeping" items recommended by City staff to update the City Charter. The Committee considered the length of terms of office for the Mayor and City Council and options to lengthen the terms to three years or four years. The Committee also reviewed the option of electing the Mayor for a four-year term and maintain the City Council with two-year terms similar to what the City of Dallas has recently done. The three-year term option was problematic since elections would alternate between an even - numbered election year and an odd -numbered off year, resulting in a wide variation of voter turnout. The Committee considered lengthening the terms to four years, but the idea did not receive majority support. In order to extend the terms longer than two years, a provision in the Texas Constitution would have to be amended to allow longer terms of office when not all of the City Council is elected by a majority vote. The first step of the process, however, would be to determine whether the voters would support longer terms, but the Committee is not recommending that option at this time. Eleven propositions are recommended for approval by the voters at the November 8, 2016, election. A summary of the analysis for each proposition is included in the following report. Proposition 1 is designed to provide an additional funding option for residential street reconstruction. Proposition 2 would set new maximum limits for the annual compensation of the Mayor and City Council members but provide that they not go into effect until 2022. Propositions 3 through 11 address various "housekeeping" issues in the Charter in order to bring it up to date and in conformity with current State law. The Committee held eight different meetings addressing various provisions of the Charter and receiving public input during the public comment period at each session. The Committee additionally received briefing materials on each issue including information on similar Charter provisions of other Texas cities. The Committee's work concluded with a public review of the Draft Final Report on April 25, 2016, and a final meeting on June 2, 2016. The following Final Report is the result of the above meetings, hearings and studies in which all points of view were considered and the different ways of doing things in other cities were compared and analyzed. The Committee was not unanimous in all of its votes on the different propositions, but the Committee agrees that this Final Report represents the sum of its efforts on behalf of the community in making a careful study of our existing City Charter and identifying the provisions in need of review and amendment. PROPOSED CITY CHARTER AMENDMENTS 2 Proposition 1. Establishing a Dedicated Fund To Be Used Solely for Residential Street Reconstruction and Authorizing the City Council To Levy, Assess And Collect A Property Tax Not To Exceed Six Cents ($0.06) Per One Hundred Dollars ($100.00) Of Assessed Value For The Purpose Of Residential Street Reconstruction, Said Taxes To Be Maintained In This Dedicated Fund And Used Solely For The Purpose Of Residential Street Reconstruction, And Said Taxes to Be Gradually Implemented at a Rate of Not More Than Two Cents ($0.02) Per One Hundred Dollars ($100.00) Per Year. Summary The City currently is in the process of implementing a broad-based street repair program to address the long-term effects of deferred maintenance affecting all roadways in the City, including major arterial streets, collector streets, and local and residential streets. The recently enacted street maintenance fee was designed to fund maintenance of all classifications of streets. Additional funds are collected from the RTA and through the industrial district contracts to fund street needs. For major street reconstruction projects, the City currently uses periodic bond programs to finance these projects over time with a dedicated property tax for debt service. The remaining component of fixing the street problems is addressing the needs of local and residential streets reconstruction. Although some funds have been allocated for these streets in the past, no specific, long-term funding source has been identified for this priority. Estimates of addressing this need range from $700 million to $800 million. The Ad Hoc Residential Streets Committee has confirmed that failure to keep up with a consistent maintenance program results in the costs of street maintenance to increase dramatically. In its final report, the Ad Hoc Residential Streets Committee identifies four funding options ranging from $10 million to $20 million of new funding per year to address residential and local streets with part of those funds to be used for reconstruction and the remainder for repairs. The Committee looked at several different funding options in order to address this need. An increase in the motor fuels tax would require authorization by the Texas Legislature, and it has refused to allow any such authorizations even on a local option basis. Increasing motor vehicle registration fees also would require Legislative authorization. Basically, the Texas Legislature has not been willing to provide any new types of taxing authority for local governments, even on a local option basis. Budget cuts also cannot address a problem of this magnitude without cutting other core City services. During the economic downturn of the 1980's, the City's commitment to police, fire and emergency medical services held firm while all other municipal functions, including streets, contracted. The City cannot achieve significant budget reductions in order to fund residential and local streets without negatively impacting police, fire, or emergency medical services. Other municipal functions such as libraries, 3 parks and museums already have been dramatically reduced, and budget reductions are continuing with the privatization of the Corpus Christi Museum and the sale of various neighborhood parks. The Committee proposes the creation of a new, dedicated property tax that would generate funds to be placed in a restricted fund and used solely for residential street reconstruction as the best available funding source for a major part of this need. This proposed Charter amendment provides for the creation of a dedicated fund and the authorization of a property tax to be used solely for residential street reconstruction. The dedicated fund is different from the existing special fund for residential and local street reconstruction since the restriction would be in the City Charter and not subject to change by future city councils. The new property tax established would be outside the 68 -cent tax cap, since it will be a special voter -approved tax and designed not to impact the City's ability to address its maintenance and operations needs and its general bond rating. Due to State law limitations, the City Council would not be able to levy the full tax immediately, but it would have to be implemented gradually over a period of years. The proposed tax rate maximum of six cents would raise approximately $10.2 million annually in additional funding, and the Charter amendment restricts this funding to residential street reconstruction costs only. The Committee believes that the problem of addressing the maintenance and reconstruction needs for local and residential streets cannot be solely funded by property taxes, and a larger tax increase would make the proposition more difficult to gain voter approval. A multi -part strategy needs to be developed with additional funding sources in order to address the needs for non- residential, local street reconstruction and increased residential and local street maintenance. In addition to those needs, funding will have to be developed for any needed utilities improvements and the City's administrative costs in effectively managing these projects. The Committee noted that the street maintenance fee has not been adjusted since it was enacted three years ago and other fees such as residential garbage collection charges could be increased to generate more funding. The proposed amendment would establish a funding component that would be a significant measure in addressing the needs of residential street reconstruction. It would need to be implemented gradually in order to avoid rollback elections and limit the impact on property taxpayers. With the two -cents per year cap on annual increases, the increased burden on a property with a $100,000 taxable value would be $20.00 per year. Due to the limitations of State law and the fluctuation of appraised values each year, it would take several years for the City to implement this new program, but the Committee believes that the community would benefit from this new funding source for residential street reconstruction with the protection of an overall cap of $60.00 in increased property taxes on a property with a $100,000 taxable value. Actual Text Amendment Adoption of Proposition No. 1 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: 4 Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax -supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. (c ) (d) If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (d) (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. (e) (f( The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. 5 Proposition 2. Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. Summary Currently, the mayor pro tem is selected by the City Council on a rotating basis with each Council member serving as mayor pro tem at some point during the two-year term of office. In the event of the disability of the mayor, under Article II, Section 5, the mayor pro tem serves as mayor. A separate provision in Article II, Section 12, specifies that in the event of a vacancy in the office of mayor, the successor will not be the mayor pro tem but the Council member elected at large who received the highest number of votes. Mayor Emeritus Henry Garrett made the point that the both the City and the mayor would benefit from stability in the position of mayor pro tem by having a Council member involved more directly on a consistent basis with the various functions and responsibilities of the mayor. While different ceremonial functions could continue to be spread around for all council members to handle from time to time, the position of mayor pro tem would become a tenured position during the entire two-year term of office filled by the Council member elected at large who received the highest number of votes. That consistency would eliminate the risk inherent in Section 5 concerning the disability of the mayor that the position of mayor could be filled on an extended basis by a Council member not elected by the entire City. The provisions on succession would be further revised to provide that in the event of a vacancy in the office of the mayor, the mayor pro tem would succeed to the office of mayor, and the next highest vote -getter at large would then become the mayor pro tem. Actual Text of Amendment Adoption of Proposition No. 2 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 4, as follows: Sec. 4. - The mayor pro tem. (a) The city council shall nominate and confirm one of the council members who by reason of being or acting as mayor pro tem. The mayor pro tem shall be the council member elected at large who received the highest number of votes at the City Council election. He or she shall receive no extra pay by reason of being or acting as mayor pro tem. (b) Whenever a regular or special meeting is scheduled to be held and both the mayor and mayor pro tem are absent, a majority of the council members present may proceed to elect one of those present as acting mayor for such meeting who shall preside 6 and discharge the duties of the mayor. The absence of the mayor and mayor pro tem shall be noted in the minutes with a short statement of the reason for absence, if known. (c) When it is anticipated that both the mayor and mayor pro tem will be absent from the city, or unable to perform the duties of the office of mayor on the day of the meeting of the city council, the council by a majority vote shall name a member to be mayor pro tem for the particular meeting, and he or she shall be entitled to perform the duties and have the powers of the mayor on such occasion. (d) If the mayor pro tem takes office as mayor pursuant to Section 12 below due to vacancy in office of mayor, then the new mayor pro tem shall be the council member elected at large council member who received the next highest number of votes. Proposition 3. Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Summary In 1975, the voters approved a Charter amendment increasing city council compensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit, with the mayor receiving an additional $3,000 stipend. In 1987, as part of an overall reorganization and simplification of the Charter, the voters approved an amendment setting the council members' compensation at a flat level of $6,000 and the mayor's compensation at $9,000. As a result, the economic benefit of serving on the city council has been held at the same basic level since 1975. The Committee recognizes that persons serving on the Council are not serving for the money, but the low stipend serves as a limit as to who can afford to serve on the City Council. In order to be able to serve on the City Council without undue hardship, persons need to be independently wealthy, retired, or have a job that affords them the flexibility to spend a full day or more away from work each week without being penalized with a salary reduction. In addition to the above salary, the Council members each receive a car allowance of $350 per month, or $4,200 per year, and the mayor receives a car allowance of $450 per month, or $5,400 per year. Also, some Council members participate in the City's health insurance program. The monthly premium subsidy ranges from $6,000 to $12,000 per year depending upon the type of coverage selected. The Committee voted to set an overall compensation limit of $18,000 per year for Council members and $24,000 per year for the mayor. For Council members who currently only receive the $6,000 annual amount and car allowance of $4,200 annually, the change would result in a $7,800 increase in compensation. For those participating in 7 the City's health insurance program, the change may not result in any significant increase or could even be a reduction in benefits. For the mayor who currently receives a $9,000 salary and $5,400 car allowance, the change would result in a $9,600 increase. The Committee also wanted to clarify the issues concerning car allowances, health insurance, and any other benefits available to the mayor and members of the Council by making these limitations on all compensation, inclusive of any of those other benefits. The new compensation limits would go into effect immediately after the election and qualification for office of the city council elected in 2022 so that none of the currently -serving Council members would be voting on an amendment that would increase their compensation. Actual Text of Amendment Adoption of Proposition No. 3 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 7, as follows: Sec. 7. - Compensation. (a) Each member of the city council, with the exception of the mayor, shall receive as total compensation the sum of six thousand dollars ($6,000.00) eighteen thousand dollars ($18,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (b) The mayor shall receive as total compensation the sum of nine thousand dollars ($9,000.00) twenty-four thousand dollars ($24,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (c) No car allowances, health insurance or other forms of compensation are permitted. (d) The provisions of this section shall become effective immediately after the election and qualification for office of the first city council following its adoption with the City Council elected in 2022. Proposition 4. Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. Summary Currently, the City Charter limits the procurement of outside auditing contracts to no more than three years. The language also includes the statement "without requiring competitive bids" which is not relevant according to state law that requires such contracts to be based on qualifications. 8 The City's internal auditor and financial services staff recommend authorizing up to five-year contracts for the outside auditor in order to match what they consider to be the optimum cycle for procurement of outside auditing services. Actual Text Amendment Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, procure designate such accountant or firm annually or for a period not exceeding tie five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. Proposition 5. Providing For The Appointment Of Two Alternate Members To The Civil Service Board. Summary The Civil Service Board is comprised of three members appointed by the City Council to consider appeals from City employees of terminations and other major disciplinary actions. Although the Board does not meet frequently, when it needs to meet in order to consider a case, it is critical to have three members present in order to consider the appeal. Scheduling a hearing for the three volunteer citizens serving on the Board can be a difficult task due to work schedules and the need to conduct the hearings during the regular work day and within a designated time frame. The appointment of two alternative members to the Civil Service Board would allow the alternates to substitute for any of the three members and allow better flexibility in scheduling the required hearings. Having alternates also helps in the event that any board member cannot sit on a case due to a conflict. It is important always to have a panel of three members hearing any appeal in order to assure that there will be no tie votes in resolving cases. Actual Text Amendment Adoption of Proposition No. 5 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: 9 Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. Proposition 6. Eliminating The Prohibition On City Employees Filing For Nomination Or Election To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. Summary The Charter historically has allowed City employees to file as candidates for other public offices but has prohibited any City employee from filing as a candidate for the City Council and required termination of employment in such an event. The Texas Local Government Code has been amended specifically to allow municipal employees to run for city council positions, so this provision of the City Charter is no longer enforceable. The proposed amendment would conform the City Charter to state law. A ctual Text Amendment Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. 10 (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations. If any city employee shall file as a candidate for nomination or election to a position under this Charter, such employee shall forfeit his or her employment with the city. Proposition 7. Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. Summary The City Charter originally was the source of its authority to borrow funds through the issuance of bonds, but the State has standardized procedures applicable to municipalities in borrowing funds through various provisions in the Texas Local Government Code and Texas Government Code. Additionally, several other statutory provisions authorize the issuance of special revenue bonds for different purposes. This amendment would eliminate the detailed specifications concerning the issuance of bonds by the City and simply state that the City may issue bonds in the manner provided by the laws of the State of Texas. Actual Text of Amendment Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) The city council shall have the power and authority by resolution duly passed, to borrow money on the credit of the city and may issue bonds of the city therefor. It shall also have the power and is hereby authorized to issue bonds for the purpose of refunding outstanding bonds of the city. (b) No bonds shall be issued for a term of longer than one year or to refund outstanding bonds at the same or a higher ratc of interest and for such maturities that the aggregate amount to be paid on refunding, principal and interest, will exceed the aggregate amount due, principal and interest, on the entire outstanding bonds proposed to be refunded, unless approved by a majority vote of the qualified voters of the city voting at an election called for such purpose, except as authorized by state law. (c) No bonds shall be issued drawing more than the maximum rate of interest per annum authorized by state law. 11 (d) The Bond and Warrant Law of 1931, as amended, shall govern the contracts of the city and revenue bonds, certificates of obligation, notes or warrants issued by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. Proposition 8. Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. Summary Leases of the different public properties of the City are subject to the restrictions containing in Article IX of the City Charter, and they generally are divided between leases up to five years and leases longer than five years. A referendum procedure applies to certain leases longer than five years on the Bayfront. The proposed amendment clarifies some of the confusing language that has been created with different amendments over the years, and it updates the statutory reference for the referendum provision applicable to certain long-term leases on the Bayfront. It also simplifies the process for approving a simple amendment to a long-term lease that does not involve lengthening or expanding the scope of the lease. Actual Text of Amendment Adoption of Proposition No. 8 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. (a} Every ordinance granting, renewing, extending or amending or expanding a franchise or a lease of city property of the city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 12 282.003, Texas Government Code, Section 311.073, Texas Transportation Code, as amended now or in the future. (b) Notwithstanding any other provision of this Charter, any ordinance granting or authorizing the execution of a lease having a term of five years or less may be finally passed and the lease authorized without publication of any notice, and in cases of declaration of emergency may be passed without necessity of two readings. Proposition 9. Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. Summary The City historically has been the primary provider of municipal water supplies in this region, and a provision was added to the Charter in 1968 giving the City specific authority to make contracts for the sale of untreated water for definite periods of time without the need for an election. Under existing State law, the City has sufficient authority to enter into contracts for the sale of both treated water and untreated water without the need for this specific Charter authorization. Elimination of this provision would not change any of the City's existing rights or obligations. Actual Text of Amendment Adoption of Proposition No. 9 would repeal City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 11, regarding water supply contracts which currently reads as follows: without voter approval, contract to provide untreated water for a definite period of time or in perpetuity. Every such contract shall contain a provision that the rate to be paid for thc water furnished under such contract shall be the published rate at the time of taking or a provision that the rate shall be the average cost of water to the city for each respective year of the contract as determined by the city. The city's obligations under any such contract shall be construed to entitle the purchaser to only that portion of the city supply equal to the ratio which the population of thc arca purchasing water bears to the total population of the area supplied through the city water system. Proposition 10. Updating Legal References In The General Powers Section And Clarifying the General Powers. Summary 13 The "General Powers" provisions of the Charter in Article X include a variety of general authorizations for the City applicable to municipal corporations generally. Several of the provisions require updating for the statutory references to State law to be accurate, and general provisions relating to taxes and assessments need to be updated to include fees charged by the City. Actual Text of Amendment Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Article 1175, Texas Civil Statutes, and formerly enumerated in Article 1175, which have been codified in other provisions of Texas statutes and codes, and which may be added thereto at any time in the future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) To sue and be sued To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opened or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter 102, Texas Local Government Code, and Chapters 312 and 313, Texas Transportation Code state law, as the same may be amended in the future, or other state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. 14 (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. [Remainder of Section 1 left unchanged] Proposition 11. Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law. Summary Historically, cities contracted for goods and services based on a public bidding process established in the city's charter, but State laws have standardized the procurement systems and provided various options for requests for proposals, design - build contracts and other types of competitive procurements. The proposed amendment would eliminate language covered by State law in order to avoid confusion. Actual Text of Amendment Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary Pprovided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. be competitively bid or proposed or based upon a procurement method authorized by state law. For any the city manager, advertisement of such contracts shall be published in a newspaper of general circulation in the city at least once in each week for two consecutive weeks, delivered in the manner required by the specifications. At the time announced in such notice, the bids or proposals shall be opened in the presence of one or more city employees designated by the city manager and in the presence of those bidders desiring to be present, except that confidentiality may be provided in accordance with state law. The council shall determine the most advantageous bid or proposal for the city. The city 15 shall always have the right to reject any and all bids or proposals. In the event all bids or shall be advertised in like manner as the original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. F:\2670\74 Charter 2015-16\16 Final Report 0606.docx 16 Final Report 5/23/2016 1 2 3 CORPUS CHRISTI 4 TEXAS 5 6 7 FINAL REPORT 8 AD HOC RESIDENTIAL STREET INFRASTRUCTURE ADVISORY COMMITTEE 9 10 Faithfully Submitted by Committee Members: 11 12 Chris Duff 13 Toby Futrell 14 Alan Guggenheim 15 Javier Huerta 16 Kyle Pape 17 Darrell Scanlan 18 James Skrobarczyk 19 Richard Stracener 20 Andy Taubman 21 22 23 Adopted by unanimous vote of Committee Members in attendance: 24 May 23, 2016 25 Corpus Christi Ad Hoc Residential Street Committee 1 26 27 Final Report 5/23/2016 TABLE OF CONTENTS 28 SECTION 1- THE RESIDENTIAL STREET PROBLEM AND 29 THE AD HOC COMMITTEE 4 30 1.0 Fixing the Residential Streets 4 31 SECTION 2 - PROCESS OBSERVATIONS 7 32 2.1 Job Costing 7 33 2.2 Contracting 8 34 2.3 Payment interval 10 35 2.4 Acquisition Planning 11 36 2.5 Improvement of Information Systems 12 37 2.6 Incorporation of Technical Advances 14 38 2.7 Hidden Cost of Understaffing and Staff Turnover 15 39 2.8 Engineering versus Construction Project Management Perspective 16 40 2.9 Seal Coats 17 41 2.10 Overlays 18 42 2.11 Residential vs. arterials/collectors 19 43 2.12 Grandfathering of Street Design 19 44 2.13 Improving Street Standards 20 45 2.14 Construction in the ETJ 21 46 2.15 Storm Water 22 47 SECTION 3 - STREET TREATMENT TYPES 23 48 3.1 Targeted Area Reclamation ("TAR") 23 Corpus Christi Ad Hoc Residential Street Committee Final Report 5/23/2016 49 3.2 Rebuilding Residential Streets 25 50 SECTION 4 - PRIORITIZING STREET REBUILDING 27 51 4.0 Prioritization Recommendation 27 52 Prioritization Step 1— Determination of Budget by District: 27 53 Prioritization Step 2—Triage: 27 54 Prioritization Step 3 — Information Gathering• 29 55 Prioritization Step 4— High Cost Exception Diversion• 30 56 Prioritization Step 5 — Finalization of Rebuild Annual Work Plan: 30 57 Other Considerations: 31 58 SECTION 5 - RECONSTRUCTION SCENARIOS 32 59 $10 Million Scenario• 32 60 $14 Million Scenario• 33 61 $17 Million Scenario• 33 62 $20 Million Scenario• 34 63 SECTION 6 -- FINANCING 35 64 6.1 Monitor Activity, Spending and Outcomes from New Residential Street Funding 35 65 6.2 Static Funding 35 66 6.3 Sources of Funds 36 67 SECTION 7 -- COMMUNICATIONS 38 68 7.1 General Communications of Street Programs 38 69 7.2 Communications of Street Program Complaints 39 70 DEFINITIONS 40 71 Corpus Christi Ad Hoc Residential Street Committee 72 73 Final Report 5/23/2016 Section 1—The Residential Street Problem and the Ad Hoc Committee 74 Corpus Christi is a difficult environment to maintain smooth streets. Large parts of the City have subsoil 75 consisting of clay that expands and contracts in both seasonal and moisture -related cycles. The weather 76 of the region can include hurricane -induced deluges and long -cycle droughts. The City has a 150 year 77 history, with many road problems inherent to outdated materials, methods, and designs of the original 78 construction causing problems with road base, drainage, and utility facilities. Finally, there have been 79 periods of underspending in maintenance and reconstruction which started long ago and continue today 80 in comparison with the requirements and size of the in-place street network. 81 The Street Committee consists of nine volunteer individuals who have been empaneled for a short 82 period of time without independent resources. It is the opinion of the Chair of the Committee that each 83 individual has brought common sense, experience, and good faith to the process. 84 Our goal is to define a sustainable lifecycle maintenance and replacement program for the entire 85 residential street network. 86 The Street Committee wishes to acknowledge and thank the City Manager, City Management, and City 87 Staff for their support throughout this effort. The conclusions of this report and suggestions for 88 improvement are testament to their willingness and ability to make the streets and services to the 89 citizens better — it is not a criticism of the individuals. The people that we have met at all levels of City 90 street processes are knowledgeable, hardworking, and caring. We appreciate the time, advice, and 91 support that they have given the Committee. 92 The Street Committee would like to thank the contractor community. We believe that the Contractor 93 service to the City has been commendable. There is an extraordinary group or prime contractors and 94 sub -contractors who work very hard and have an enormous amount of pride in the quality of the work 95 product. We appreciate the testimony and advice that they have provided to the Committee. 96 The Street Committee would like to thank the engineering community. We believe that the professional 97 services community has a deep understanding of local conditions and they have delivered substantial 98 value to the City in terms of their paid professional services and their unpaid advice in service to the 99 community overall. We appreciate the testimony and advice that they have provided to the Committee. 100 The Street Committee would like to thank the Mayor and City Council. The opportunity to serve has 101 been a wonderful personal experience. We know that difficult choices are ahead, and we hope to have 102 provided guidance and understanding to make their process easier. 103 1.0 Fixing the Residential Streets 104 Streets are of primary importance in society. The streets move people, commercial goods, and waste 105 products to and from every residence and business in a city. Streets must be well designed and 106 maintained in order to minimize the social costs of safety to the public, damage to vehicles, and 107 unproductive loss of traffic backups. In addition to the aforementioned criteria, citizens also focus on a 108 smooth ride quality and uniform appearance as being factors associated with their satisfaction. Corpus Christi Ad Hoc Residential Street Committee Final Report 5/23/2016 109 Streets have a finite lifespan that is determined by initial build quality/design, maintenance, 110 environmental conditions, sub -surface characteristics, and vehicle utilization. There is also a utilities 111 component which has its own lifecycle needs, but can force replacement or repairs to the street surface. 112 Because streets are a common social good, streets are a necessary and proper responsibility of 113 municipal government. In order to service the streets, the City must provide for funding, asset 114 management, operational maintenance, and planning for future streets. 115 Corpus Christi City Council has empaneled the Ad Hoc Residential Street Infrastructure Advisory 116 Committee to formulate recommendations to maximize value for residential street spending and to 117 suggest best practices. 118 The streets require a perpetual maintenance and rebuild cycle which is very expensive. Even with the 119 most efficient plan in place, the degree to which the streets are repaired or replaced is ultimately a 120 question of funding. 121 The general mileage or dollars in the following table are important to understand the general magnitude 122 of the ongoing cost of street construction and required maintenance. 123 PER MILE COST OF TOTAL REBUILD OF RESIDENTIAL STREETS INCLUDING UTILITIES 124 IN 2016 CONSTANT DOLLARS COST PER MILE: Scenario Name Street Lifespan Major Maint Cycle Upfront Cost ($000) Cumul Overlay Cost ($000) Cuml Seal Coat Cost ($000) Total Cost per mile ($000) Total Cost per mile per year ($000) No Major Maint 30 years N/A $2,455 - $0 - - $0 - $2,455 $82 Overlay Only 30 years 15 years $2,455 $475 - $0 - $2,930 $98 Overlay and Seal 30 years 7.5 years $2,455 $475 $475 $3,405 $114 No Major Maint 60 years N/A $2,455 - $0 - - $0 - $2,455 $41 Overlay Only 60 years 15 years $2,455 $1,426 - $0 - $3,881 $65 Overlay and Seal 60 years 7.5 years $2,455 $1,426 $950 $4,831 $81 125 126 SYSTEM WIDE COST OF TOTAL REBUILD OF RESIDENTIAL STREETS INCLUDING UTILITIES 127 IN 2016 CONSTANT DOLLARS: Scenario Name Street Lifespan Total Cost for 881 mile Residential Street System ($000,000) Total Cost for 881 mile Residential Street System per Year ($000,000) No Major Maint 30 years $2,163 $72 Overlay Only 30 years $2,581 $86 Overlay and Seal 30 years $3,000 $100 No Major Maint 60 years $2,163 $36 Overlay Only 60 years $3,419 $57 Overlay and Seal 60 years $4,256 $71 Corpus Christi Ad Hoc Residential Street Committee 5 Final Report 128 5/23/2016 129 Rebuilding the streets is very expensive. In addition to the street surface itself, there are additional 130 significant costs. These ancillary systems must be upgraded to meet functional standards or as required 131 by law or regulation. Certain street reconstruction treatments may trigger federally mandated ADA 132 improvements adjacent to the street; corner access ramps are a good example. Curb and gutters 133 function as the interface between the roadway and the yard but also function as the primary drainage 134 pathway for stormwater drainage. Understreet utilities have their own finite lifespan for necessary 135 services such as potable water, waste water, and gas. 136 Because the residential streets are relatively narrow and short as compared with arterials and collector 137 streets, the fraction of expenditure on these required spending categories are relatively larger than in 138 comparison with high-capacity streets. We estimate that for residential street reconstruction the 139 relative spending categories for a street program will be surface cost — 32%, ADA cost — 5%, curb/gutter 140 — 30%, and utilities — 33%. 141 Finding / Recommendation 1.0: The Committee finds that the amount of money that Corpus Christi would have to spend to maintain and replace residential streets on a 60 year cycle would be approximately $71 million per year. This amount does not include spending for arterial and collector streets. 142 The political and fiscal reality is that the available funding will be a small portion of what is would be 143 required for replacement based solely on engineering criteria. The Committee also estimates that 144 market constraints on materials and contractor capacity in the near term limit the size of any program. 145 Because there is not enough money to rebuild streets in their entirety, it is likely that citizen 146 dissatisfaction with the streets will continue. 147 The goal of the newly created program described herein is to begin a systematic reconstruction of failed 148 streets and to perform intensive maintenance on all streets in a proactive, systematic manner to address 149 dangerous or damaging conditions and to improve ride quality. 150 The Committee is an advisory body that is making recommendations to the City Council, City leadership, 151 and City Staff. However, the decision authority and responsibility for implementation remains with the 152 respective responsible groups within the City. We are eager to discuss these findings in addition to 153 providing this written recommendation. The Committee has prepared several presentations that were 154 discussed in open, public session. We encourage review of those recorded sessions to understand the 155 context of these recommendations. 156 157 158 Corpus Christi Ad Hoc Residential Street Committee Final Report 159 Section 2 — Process Observations 160 2.1 Job Costing 161 5/23/2016 Finding / Recommendation 2.1: The Committee recommends that the City track job cost at the street level. 162 The City does not have a very good handle on individual job cost. It seems to the Committee that the 163 logical unit of understanding job cost is the street. Certainly residents and the media have an 164 expectation that the City should understand the cost of work accomplished within a logical unit that 165 corresponds with the way the average citizen understands streets. 166 We think that this information discipline would benefit department management to understand: 167 • Production efficiency in comparing contractor and internal costs in order to conduct a make 168 versus buy decision or to compare relative efficiency between crews. 169 170 • Factors or conditions that cause the scope of work to expand or shrink. This is especially 171 important to understand projects that experience a catastrophic expansion where a project with 172 a relatively small budget blows -out to absorb substantial resources. 173 174 • Understanding the relative cost of various street treatments so that the least -cost workplan can 175 be implemented. 176 177 • Understanding stability of cost over time for unit cost decision making and contract negotiation. 178 179 • Understanding the relative value associated with the components of the Indefinite Delivery, 180 Indefinite Quantity contracts. 181 Currently the City keeps track of invoices presented by contractors. The invoices generally cover regular 182 periods of time which may include only a portion of work or several blocks of work depending on 183 numerous factors. It is clear that even when the correct amount gets paid for a particular volume of 184 work, it just is very difficult if not impossible to tie back to specific work. 185 Effective job costing is also the first step to clear communication with the public and City Council. It also 186 can serve as a point of discussion with contractors to understand how the City's cost structure for these 187 services may be improved. 188 Corpus Christi Ad Hoc Residential Street Committee Final Report 189 2.2 Contracting 190 5/23/2016 Finding / Recommendation 2.2: The Committee recommends that the City use the contracting methods of IDIQ Micro-IDIQ and Project Bid method, in addition to tasking City -internal crews to perform the work to maintain and rebuild the streets. The Micro-IDIQ would represent a recently created method of contracting. 191 Method 1: Indefinite Delivery, Indefinite Quantity (abbreviated as "IDIQ") Contracting 192 The City primarily uses the Indefinite Delivery, Indefinite Quantity (abbreviated as "IDIQ") method of 193 contracting for the Street Preventative Maintenance Program and the Minor Pavement Improvement 194 Program. The IDIQ processes that have historically provided high value to the City in terms of cost and 195 in -field results for a large scope of work. The Committee recommends continued use of the IDIQ 196 method. 197 The City puts forth a general scope of work, and various contractors provide bids which consist of a very 198 extensive list of activities with a price for each activity based on the units used or output produced. The 199 City then selects one contractor for award of the IDIQ contract which exclusively covers a particular 200 scope of work, within a defined area, for a specified period of time. 201 Once the IDIQ contract has been awarded, the City then dispatches delivery orders of work to the 202 contractor. The contractor performs the work and invoices the City based on the quantity of work or 203 materials actually used to complete the work. 204 • There are positive aspects of the IDIQ: The City always has access to a qualified contractor to 205 perform the work at a known price. There is less need for detailed project specification during 206 planning which results in reduced upfront cost as well as minimization of in-house resources. 207 Flexibility allows the City to re -prioritize, increase, or decrease the aggregate work. The City has 208 the ability to engage in work of unknown scope without a constant rebidding or change order 209 cycle. The large contractors that bid on the IDIQ projects can operate with minimal supervision 210 required and they also tend to offload administrative burden from the Engineering Services 211 Department. 212 213 • There are negative aspects of the IDIQ: The exclusivity of the contract impairs the City's ability 214 to hire a substitute contractor to the extent that the relationship with the awarded contractor 215 does not produce the expected results. There are also no change orders, so it is hard to tell if a 216 workplan goes haywire. There is the risk for adverse selection of work which is a risk for the City 217 as well as the contractor because the profitability or value varies greatly by line -item and the 218 amount of each line -item varies greatly between delivery orders. The Texas Local Government 219 Code requires the City to award contracts for construction of roads, streets, utilities and other 220 civil works projects to the lowest responsible bidder, but the lowest bid may be difficult to 221 determine when comparing bids with a la carte service pricing — this is a consequence of the 222 indefinite nature of these types of projects Corpus Christi Ad Hoc Residential Street Committee Final Report 5/23/2016 223 224 Method 2: Micro - Indefinite Delivery, Indefinite Quantity (abbreviated as "Micro-IDIQ") Contracting 225 The Committee recommends that City Staff create a simplified process for projects where breaking a 226 large job into smaller executional units would produce cost savings or enhanced manageability. We 227 define this contracting process as a micro-IDIQ with a limited award size, geographic scope, process 228 scope, and the time scope. We think that the benefits of the micro-IDIQ to the City include: 229 • Multi -source provision of services so that the City maintains the skills, availability, and readiness 230 of contractors which ultimately delivers higher value through the competitive bid process. 231 232 • The shorter timeframe makes it less likely that the contractor will fall behind and ultimately fail 233 to produce the work. 234 235 • Smaller contract size should enable smaller contractors to bid the work because the bonding 236 requirements or workload requirements fit within the capabilities of a small provider. 237 238 • Focused scope of work may allow specialized contractors to bid on discrete portions of the 239 work. The larger contracts usually result in large contractors serving in the role as prime 240 contractor with the actual work performed by subcontractors which are billed to the City with a 241 substantial mark-up on their services. 242 243 • Smaller contract size reduces risk to the City which has the derivative effect of allowing contract 244 simplified terms. 245 246 • The Texas Local Government Code allows the City to award contracts for construction of streets 247 using the competitive sealed proposal method if the expenditure is $1.5 million or less. The 248 effective result is that the City can consider other criteria in addition to the price, use a best 249 value determination, and have more flexibility to include small or new contractors as meeting 250 the "responsible bidder" criteria. 251 Certainly the increased number of contractors associated with the Micro-IDIQ and project coordination 252 will likely require increased workload within the Engineering Services Department. This will require 253 additional staffing. 254 Method 3: Traditional Project Bid Contracting 255 The City should continue to use the traditional project bid method. This method has typically been used 256 on bond projects, where the project is well defined and large in scope. 257 This method typically consists of a well-defined, specific scope of work which is bid using a competitive 258 bid process where the contractor agrees to complete the entire project, typically at a fixed price. For 259 projects larger than $1.5 million, the project must be awarded to the lowest responsible bidder. 260 This method requires substantial upfront design resources and an exact knowledge of the initial 261 conditions of the surface and subsurface. If the scope of the project changes, due to either voluntary Corpus Christi Ad Hoc Residential Street Committee Final Report 5/23/2016 262 design changes or discovery of complications, then the amount paid to the contractor typically increases 263 through a change order process. 264 Method 4: Award Work to Internal Street Operations Department 265 The City should continue to directly perform the work using the substantial resources and expertise 266 within the street operations department. The City has successfully performed large-scale seal coat 267 operations. 268 Using internal resources provides the City with a flexible and responsive alternative to outside 269 contracting. It is prudent to have these capabilities within the City. However, the cost of these activities 270 needs to be benchmarked to understand the relative value of internal versus contractor produced work 271 and the efficiency of in-house teams. 272 The City historically has achieved great success in "reworking" streets to renew their life; however, the 273 City does not currently have the capability to perform this activity due to loss of internal expertise as a 274 result of staffing challenges and budget cuts. The Committee recommends that the City hire crews and 275 acquire equipment to restore these capabilities within internal operations. (See Section 2.7) 276 277 2.3 Payment interval Finding / Recommendation 2.3: The Committee recommends that the City should pay contractors promptly. This should be achieved by resolving bottlenecks in the process and improved coordination between City departments. It will also require substantial input from the legal department to ensure compliance with numerous applicable laws. As a first step, the City should track path, time until payment, and status of each invoice starting with presentment for payment. The Committee further recommends that the City set a target of six months for Council review so that there is urgency and accountability for completion of this task. 278 279 The Committee believes that the City should pay contractors and/or vendors within 30 days of the 280 completion of work or delivery of goods. 281 If the City is slow at paying contractors after the work is performed, the following occurs: 282 • Small contractors cannot afford to work directly for the City because of a working capital 283 funding gap. This financing need is caused because the small contractors must pay their 284 employees and vendors, before they receive payment from the City for completed work. 285 Currently, these small contractors only perform City work by being sub -contractors to large 286 contracting companies who advance funds to the small contractors and directly invoice the City. 287 Due to this arrangement, the City effectively pays a mark-up on the small contractor work 288 because the large contractor adds an amount to the invoice presented to the City which 289 represents the large contractor profit, administrative markup, and financing markup. 290 Corpus Christi Ad Hoc Residential Street Committee Page 1 10 Final Report 5/23/2016 291 • Large contractors who work directly for the City calculate the cost of financing their working 292 capital funding gap and add it to their bid as a cost of the job. 293 The Committee believes that the City can lower the cost of hiring contractors by paying promptly, 294 because small contractors can bid directly on City work and large contractors can afford to lower their 295 bids by the amount of savings on financing costs. 296 With respect to street projects, the City conducts on-site inspections of the work performed proximate 297 to the completion of the work in the field. We believe that these inspection can provide the City with an 298 estimate of the percentage of completion as well as the assurance that the work was completed in good 299 faith. 300 Solving this issue will require refinement of the invoicing process internal to the City as the invoice is 301 processed among multiple departments. It will also require substantial legal review due to the high 302 degree of regulation with respect to Texas State law, among other issues. 303 Even if the City cannot ultimately meet the 30 day payment objective, anything that can be done to 304 shorten the interval will improve the situation for contractors and the City. If the invoice cannot be paid 305 in full, if consistent with applicable rules and regulations, perhaps the City can pay the undisputed 306 amount or provide for a large mobilization payment for bonded contractors where performance risk can 307 be mitigated. 308 As a first step to understanding the magnitude of this problem, the Committee recommends that the 309 City should track the path, time intervals, and status with respect to each individual invoice as it moves 310 within and between departments, starting from the date of vendor presentment for payment. This data 311 will indicate probable bottlenecks as well as provide a basis for reporting. 312 While we believe that the street operations and engineering department would benefit from these 313 changes, the issue of payment interval exists external to these departments and is likely to affect most 314 City operations. 315 316 2.4 Acquisition Planning Finding / Recommendation 2.4: We recommend that the City create an internal purchasing and contract administration role to ensure that acquisition planning results in the highest value to the City through the bidding process and throughout the completion of the work. 317 318 Acquisition planning is the combined role of strategic purchasing and contract administration. 319 The Committee believes that engineering and acquisition planning are distinct skill sets. Currently, it is 320 typical that a project goes from engineering design specification directly to procurement without an 321 evaluative step to thoroughly consider relative value between procurement methods or other 322 considerations to improve procurement results, such as project aggregation or disaggregation. Corpus Christi Ad Hoc Residential Street Committee Page 111 Final Report 5/23/2016 323 As such, we strongly recommend that the City create an internal, acquisition planning role. 324 The acquisition planning role would include understanding the historical cost for services, understanding 325 best estimate of current costs, comparing costs with similarly situated entities, coordinating with 326 contractors to understand their cost structure to re -design City processes to make everyone more 327 efficient, understanding contractor capacity and availability, farming small contractors into larger ones, 328 de -bottlenecking the contracting process, assuring prompt payment of invoices, negotiating terms and 329 pricing. We also believe that the acquisition planning role should have responsibility for contract 330 administration to ensure that the business terms of the contract are respected by both the City and the 331 contractor. 332 The City engages numerous contractors which, in the aggregate, represent payments in the tens of 333 millions of dollars in spending each year. Currently, the contracting process occurs within the 334 Engineering Department which includes people who have professional ties with the entities who work 335 on or a have a history of being on both sides of the table. In addition, these same people often serve as 336 the authority within the City with respect to pursuit of contract claims or enforcement. We believe that 337 there is the appearance of conflict of interest which could be avoided by implementing this 338 recommendation. 339 While we believe that the street operations and engineering department would benefit from these 340 changes, the issue of acquisition planning is likely to affect many City departments. 341 342 2.5 Improvement of Information Systems Finding / Recommendation 2.5: We recommend that the City design and implement process and system improvements to document cost, geo-spatial parameters, and performance measurements in order to achieve effective operational and asset management of the street inventory. In many instances, non -street City departments may have already made the investment and can be adopted with little incremental cost by the street -related departments. The Committee recognizes that it will take substantial effort and investment to effect these improvements. The process will take many years. 343 344 The Committee believes that street operations would benefit substantially from implementation of best 345 practices of the industry or copy successful implementations of electronic recordkeeping, materials 346 management, or labor management systems which are in common use elsewhere. For example, street 347 inspections and materials/labor tallies are recorded in the field on paper and submitted into the City 348 system on a manual basis. We believe that these processes which have probably not changed for a 349 generation are a substantial barrier for the City to understand its cost structure, implement efficiency 350 improvements, or guarantee accountability. Corpus Christi Ad Hoc Residential Street Committee Page 1 12 Final Report 5/23/2016 351 We recommend that the City continue to engage experts to design and implement these process and 352 system improvements. In other instances, non -street City departments may have already made the 353 investment and can be adopted with little incremental cost by the street -related departments. Here are 354 particular examples that seem ripe for improvement: 355 • Real-time tracking of street operation vehicles and people. This properly documents street 356 repair activity, allows job costing, allows specific review of a repair location at a particular GIS 357 coordinate, efficient routing to reduce mobilization loss, and time/hour employment 358 responsibilities. Certainly this technology is in widespread use and may be partially or wholly 359 implemented by the utilities department of the City. 360 361 • Street management has a large GIS component. Damage and repairs happen at a particular 362 location. Costs should be understood at the block level. Work plans should be site specific, 363 because various treatments/contractors relate to specific locations along a street. Third -party 364 street cuts and repairs are location specific. Under street utility location for replacement or 365 service impacts street surface. Dispatch for repair for citizen complaint is site specific. Pre - 366 construction base and sub -grade testing happens at particular test holes which may need to be 367 spatially understood if testing needs to be repeated or expanded. Work completion and 368 acceptance has location, date, and responsibility parameters that should be tracked to evaluate 369 performance over time. As such, the current GIS system need to evolve to support these needs. 370 This expertise may already exist within the City, but has not been applied to streets yet. 371 372 • Portable devices for construction inspection and management. Portable tablets for inspection, 373 with construction management software / apps installed can help City Staff or City 374 representatives to document work and communicate in the field. For example in -field 375 management of schedules, change order process support, creation of contemporaneous 376 construction records, photographic documentation, materials tickets recording, documentation 377 of baseline conditions, and electronic record creation and filing. These systems could also 378 provide information to the inspectors such as real-time access to drawings, specifications, or 379 contract document provisions. 380 381 • Group Communications for time -critical decision support. Whenever a job is halted in the field, 382 enormous expense accrues that will either be borne by the contractor or the City. Resolution 383 needs to be as quick as possible to minimize this unproductive deadweight loss. Communication 384 systems can document the timeframe, process, information for decision making, and 385 notifications or directions from the authoritative, responsible person. 386 387 • Data interchange with contractors or equipment. Contractor back offices probably produce a lot 388 of information with respect to the work that was performed. Execution of a particular job 389 probably has metrics or information such as materials tickets or materials testing results. 390 Advanced machinery has the ability to report location, in-service data, or construction 391 performance data. This data has the potential to improve accountability as well as reduce 392 construction cost. 393 Corpus Christi Ad Hoc Residential Street Committee Page 1 13 Final Report 5/23/2016 394 • The street department still circulates contracts for signature. The use of "DocuSign" or other 395 acceptable technology would eliminate the time, expense, and hassle of paper shuffling and 396 produce an electronic record which is a more consistent documentation of what occurred and 397 eliminates the backend conversion of paper to electronic records. 398 Part of the challenge is defining standards. Part of the challenge is re -defining processes. Part of the 399 challenge is systems. There is a need for a re -design of the system from the big picture all the way to the 400 small picture. This is the same challenge that is faced by numerous entities that engage in road 401 construction and asset management as part of their regular business practices. The first step is probably 402 to review a number of public and private entities, as well as other internal City departments, to 403 incorporate actual experience and actual solutions to eliminate the trial -and -error of theoretical 404 discovery. 405 406 2.6 Incorporation of Technical Advances 407 Finding / Recommendation 2.6: The Committee recommends that the City define a formal process in place for the intake, evaluation, trial, and acceptance of new technologies. 408 Technical innovation has transformed almost every industry within the last generation. The 409 improvements have come in the form of chemistry/materials, information systems, and machinery, 410 among other areas. Correspondingly, street management and construction have seen improvements in 411 technology as well. These improvements lead to lower cost, reduced labor content in construction, or 412 longer road lives. 413 There is no need for the City to risk being an early adopter in order to get the benefit of these advances. 414 Certainly other governmental entities or private industry have probably conducted the research and 415 development of these processes and technologies and have proven the performance in field trials or 416 actual installations. If a process or technology has a proven track record in a similarly situated usage, 417 then it should be evaluated by the City in order to save money or improve street lifespan. 418 There are numerous vendors of additives to streets during the reconstruction or seal coat process. 419 Certainly there are many vendors willing to sell ineffective or cost -ineffective products, and the City 420 should be on guard to protect its interests. However, the Committee believes that there are many 421 products that have the ability to substantially improve the efficacy of existing processes in terms of 422 street -life extension. 423 Many of these products seem especially effective at stabilizing streets in wet environments, which is a 424 particular problem in Corpus Christi. The Committee recommends that the City undertake a formal 425 process to consider and trial these innovations. It is probably as simple as verifying a successful 426 implementation of these materials by a similarly situated municipal entity to initiate a small-scale trial 427 locally. The Committee believes that the potential of these products will produce substantial cost 428 savings in the long run. Corpus Christi Ad Hoc Residential Street Committee Page 1 14 Final Report 429 Machinery has the potential to make labor more efficient and improve product quality. This 430 incorporates issues of machine specialization, the right size for a particular job, onboard 431 measurement/intelligence, and materials utilization efficiency, as examples. 432 433 2.7 Hidden Cost of Understaffing and Staff Turnover 5/23/2016 Finding / Recommendation 2.7: The Committee finds that budgetary savings that result from understaffing, unfilled vacancies, or under -compensation probably are outweighed by increased project costs, increased training costs, high-cost of contract labor, or lost value due to deferred maintenance. As such, we recommend appropriate staffing levels and market compensation for demonstrated performance. This is both a quantity and quality of workforce issue. We recommend that the City Council increase Street Operations crew staffing and equipment by three crews. 434 435 The City engages in multi-million dollar operations either directly or in an oversight capacity. As such, 436 qualified individuals can have a multi-million dollar impact on the cost of maintenance, construction, or 437 asset values. These individuals require fair -value, market based compensation in order to attract and 438 retain talented leadership and workforce. 439 There is an enormous cost to the City when street projects are delayed. This cost is hidden from view 440 until it becomes very real, usually in the form of budget over -run. It impacts the City in terms of 441 increased cost of projects due to inflation which has occurred during the delay of bond projects for 442 example. Another example is the increased damage to streets when preventative maintenance such as 443 seal coats are not completed on schedule. Street related departments have experienced double-digit 444 vacancy rates. 445 Within the street operations department, the loss of skilled equipment operators requires expensive 446 retraining of remaining employees, mandatory outsourcing of street work to contractors, or 447 irreplaceable loss of expertise. City Staff estimates that the budget for pavement operations has been 448 essentially flat for 10 years which is equivalent to cutting the budget as compared with inflation and 449 road -network growth. 450 Training is an investment that makes employees more valuable to the City. However that value is lost 451 and the expense of training wasted, if the employee goes to another city or private contractor. This is 452 especially true if the employee leaves the City shortly after training and before the City benefits from 453 the value received through improved service. The City must address this issue by paying market priced 454 compensation, including wages and benefits. It should also consider recapture of training costs if the 455 employee leaves shortly after training. 456 While it is easy to underfund personnel positions to save on -budget dollars, there may be a real overall 457 loss to the City as these increased costs of doing business vest over time in the form of higher project 458 costs or cost of maintenance. Corpus Christi Ad Hoc Residential Street Committee Page 1 15 Final Report 5/23/2016 459 Street Operations believe that skin patches done in dry weather hold much longer than just pot hole 460 filling. Execution of skin patches requires a level -up crew and equipment. Currently the department 461 has two level -up crews and has requested additional crews in decision packages in the past that have 462 not been approved. Staff believes that two more crews (12 full-time equivalents) and equipment would 463 help the efficiency of existing operations and provide workforce to allow internal completion of TAR 464 program work (the TAR program as explained in Section 3.1). 465 Street Operations believe that a base -rework crew (8 full-time equivalents) and equipment would allow 466 it to internally perform the street Rework process (the Rework process as explained in Section 3.2). 467 468 2.8 Engineering versus Construction Project Management Perspective 469 Finding / Recommendation 2.8: The Committee recommends that the City expands the pool of qualified workforce by exploring the hiring of certified or experienced construction project managers to fill roles within relevant City departments which have heretofore unnecessarily required an engineering certification as a precondition for job consideration. 470 Engineering is a particular knowledge set which is validated by professional licensure. It is critical to 471 many processes and projects and may be required by law, insurance, or best practices. Although some 472 engineers may be excellent construction project managers, some are not. 473 Much of the professional engineering required by the City to support its projects is provided by outside 474 engineering firms and individuals. Their work is validated by engineers internal to the City. Because the 475 City primarily relies on outside engineering for proper design at project inception, the City is already in a 476 position to refocus the department on construction project management. 477 However, it seems to the Committee that much of the workflow which is the responsibility of the 478 Engineering department is better understood as a construction project management challenge. A 479 successful construction management process actively manages and balances cost, quality, and timing. 480 We think that the department would benefit from an increased emphasis on these aspects. 481 By specifying construction management expertise (as opposed to engineering) during the hiring process, 482 the department may be able to get qualified and experienced people from a larger pool of applicants. 483 Hence the possibility of increased quality and lower cost. Individual qualifications can be demonstrated 484 with appropriate certifications or demonstrated practical experience. 485 486 487 488 489 Del Mar College can be a resource for training of existing Staff, as a source of interns, or recent graduates as well trained employee prospects. Corpus Christi Ad Hoc Residential Street Committee Page 1 16 Final Report 490 2.9 Seal Coats 5/23/2016 Finding / Recommendation 2.9: The Committee recommends continuation of the SPMP seal coat program. However, data must be gathered in order to judge cost effectiveness and efficacy of the program. 491 492 The City undertakes seal coats in order to prevent the degradation of good streets that meet a particular 493 physical standard. Seal coats are a widely -used treatment that involves the application of a mixture of 494 water, asphalt emulsion, aggregate, and additives to an existing asphalt pavement surface. The 495 treatment is designed to add additional wear surface to a road that is in good condition as well as to 496 inhibit water intrusion. There are variations on this treatment including fog seal, slurry seal, chip seals, 497 scrub seals and cape seals. 498 Currently this type of treatment is mostly, although not exclusively, funded through the Street 499 Preventative Maintenance Program ("SPMP"). That program currently divides the funding between 500 arterial/collector streets and residential streets. For 2016, the seal coat budget was $3.45 million, with 501 the spending divided as 45% arterials/collectors, 55% local/residential. 502 It is also likely that the SPMP funding is insufficient to provide seal coats on all roadways for which the 503 engineering assessment would indicate seal coat treatment. 504 Efficacy is strongly impacted by the initial condition of the road that receives the seal coat, the weather 505 conditions during the time of application, proficiency of the application road crew, and choice of 506 materials, among other factors. 507 Since the City had undertaken a large-scale seal coat program starting in spring 2014, there have been 508 challenges effectuating seal coats related primarily to weather and contractor delays with the result that 509 the work has been substantially behind schedule. However, the City's internal street operations crew 510 has had success completing large-scale seal coat projects. 511 It is unclear to the Committee if the seal coat treatment actually preserves the life of the roads. We 512 strongly believe that this is an open question which must be systematically evaluated by City Staff to 513 determine cost effectiveness of this treatment within the next few years. We strongly encourage 514 evaluation of street cohort groups through time to judge the value of seal coats using definitive data. It 515 is important to design the data collection protocol now, so that the City can effectively monitor road 516 performance. 517 The SPMP is too new to judge and Staff has learned from the new program in order to improve all 518 aspects. However, the historical record of prior seal coat programs offer an incomplete, but un -inspiring 519 picture. 520 Further, we believe that citizen satisfaction with seal coats on arterials and collectors has been low, 521 because this category of treatment does not fix ride quality on roads that have a poor ride prior to 522 sealing. Corpus Christi Ad Hoc Residential Street Committee Page 1 17 Final Report 5/23/2016 523 We believe that it is likely that technical improvements in commercially available industrial additives are 524 likely to improve the performance of the seal coat treatment, and these should be evaluated. 525 526 2.10 Overlays 527 Finding / Recommendation 2.10: The Committee recommends continuation of the SPMP overlay program with a reallocation to increase the relative spending on residential collector streets. 528 The City undertakes preventative maintenance on the streets in order to prevent the degradation of 529 good streets. The overlay treatment consists primarily of milling off the surface portion of the road to a 530 depth of between 1" to 2" with the replacement of the asphalt ride surface. 531 The City had undertaken a large-scale overlay program starting in spring 2014, with good results. The 532 projects have generally been completed on time and within the expected budget. Currently the City 533 does not conduct large-scale overlays with City crews, primarily because of the lack of expertise and 534 experience within the City street operations group. 535 We believe that citizen satisfaction with overlays has been very high. The treatment gives the road an 536 improved appearance and ride. However, because of the extensive nature of the street work associated 537 with this treatment, the City has undertaken ADA upgrades, sidewalk, driveway, and curb/gutter 538 renovation at the same time as the overlay process on the street surface. While the results have been 539 very good, and the value very good, the cost for each road resurfaced has been high in terms of dollars 540 spent per area of road overlaid. 541 It is also likely that the SPMP funding is insufficient to provide overlays on all roadways for which the 542 engineering assessment would indicate overlay treatment. The SPMP overlay funds service arterials, 543 collectors, and residential streets. 544 Currently this type of treatment is mostly, although not exclusively, funded through the Street 545 Preventative Maintenance Program ("SPMP"). That program currently divides the funding between 546 arterial/collector streets and residential streets. For 2016, the SPMP overlays had a $10.4M budget with 547 the division of work being 47% arterials/collectors, 53% local/residential streets. 548 The Committee recommends that City Staff adjust the allocation of overlay spending to reflect: 40% 549 arterials/non-residential-collectors, 25% residential -collectors, and 35% residential/local streets. In 550 particular, the Committee believes that many citizens have the perception that residential collectors are 551 residential streets. But because collectors have more traffic, higher traffic speeds, and longer travel 552 distances we believe that better allocation of this scarce resource to residential collectors will result in a 553 dramatically improved ride quality and corresponding citizen satisfaction. 554 The Committee recognizes that if funds are reallocated as we recommend, that there will be 555 approximately $1.9 million less spent on overlays of true residential streets as compared with historical 556 amounts. We believe that this is prudent because there will be substantial improvement in streets that Corpus Christi Ad Hoc Residential Street Committee Page 1 18 Final Report 5/23/2016 557 most citizens consider as residential. In addition, spending efficiency improves such that more street 558 surface is renewed because collectors have a higher percentage of overlay spending in the street surface 559 as compared with residential streets which have less surface area relative to required ADA, curb/gutter, 560 and sidewalk spending. 561 562 2.11 Residential vs. arterials/collectors 563 Finding / Recommendation 2.11: The Committee recommends prioritization of incremental spending on arterial/collector streets. 564 The Committee has been tasked with the reconstruction of Corpus Christi's residential streets, and we 565 have presented recommendations thereto. Residential streets are important to keep in good repair as a 566 matter of damage to property, public safety, civic pride, and in support of residential property values. 567 However, the City has an enormous need to reconstruct and improve arterial/collector roads too. The 568 Committee believes that the condition of the arterial/collector roads has a larger impact on the citizens 569 because most citizens, almost all commercial traffic, and many visitors spend more time and drive at 570 higher speeds on the arterials/collectors. Therefore, while it is important to establish a credible 571 residential street reconstruction program, incremental spending of available funds is better spent on 572 arterial/collector streets. 573 574 2.12 Grandfathering of Street Design 575 Finding / Recommendation 2.12: The Committee recommends initiation of legal review to explore the ability to apply current road construction standards to projects that would otherwise be grandfathered to build outdated designs for many years in the future. 576 The City gains most of its new residential roadway by acceptance of completed streets by private 577 developers following construction of new subdivisions. 578 The City adopted improved specification for residential streets in 2013. We think that it was the general 579 expectation that the improved standards would be implemented as new development tracts were built. 580 It is the responsibility of the land developer to build streets according to City specifications when farm 581 fields are turned into a neighborhood residential development within the City limits. 582 However, this is not the way the process currently works. As a result, many new subdivisions that have 583 been completed since 2013 and will be completed in the future do not reflect the current design 584 standards. Corpus Christi Ad Hoc Residential Street Committee Page 1 19 Final Report 5/23/2016 585 This unexpected result occurs because the City regulations are grandfathered for that development at 586 the time the initial plat is filed and accepted by the City's Development Services Department. After that 587 initial -plat, it may take as long as fourteen years to completely develop that neighborhood for the entire 588 development span, yet the grandfathered rules apply. 589 As a matter of process, the developers are typically given a two year window to complete development 590 of the initial -plat. However, it is the expectation of virtually all developers that the lifespan of the 591 development will be many years in the future. As such, it is common practice for the Planning 592 Commission to renew the plats for two year intervals near each expiration date. 593 It seems to the Committee that at the time of any renewal, the time extension could be conditioned 594 upon acceptance of certain new regulations. This is the policy question at hand to be considered. 595 There is certainly a balancing act necessary when considering forcing new regulation on a developer in 596 the middle of a project. Some regulatory changes would impair the fundamental economics of the 597 project and would be imprudent for the City to impose. An example of this would be the increased 598 radius of a cul-de-sac circle, which was added to the development code to facilitate turning of heavy 599 trucks including fire protection. If this were forced on a developer, the parcels adjacent to the cul -de - 600 sac would need to be resized, setbacks adjusted, and the development plan necessarily reconfigured. 601 We view this as an example of an unfair, imprudent, and unnecessary burden. 602 The Committee, in conjunction with the Staff of the Engineering Department and Development Services, 603 believes that the prudent middle ground would be to condition plat renewal on non -geometric changed 604 regulation. From the perspective of the Street Committee this would include the construction standards 605 for street cross-section, curbs, gutters, sidewalks. We believe that the City Development Services 606 Department will have a similar list of affected systems such as required water or wastewater pipe size, 607 for example. 608 Allowing continued development using old street standards has a substantial cost to the City because of 609 increased maintenance cost, problems with storm water runoff, or pre -mature failure requiring 610 reconstruction earlier than expected according to current standards. 611 612 However, before any action is taken, there must be a thorough legal review. State law may preempt the 613 ability of Corpus Christi to directly address the issue. 614 615 2.13 Improving Street Standards Finding / Recommendation 2.13: The Committee recommends that the City consider improved street standards or construction damage mitigation such as increased warranties, delayed acceptance, or delayed installation guaranteed by performance bonds. 616 617 During new neighborhood subdivision development, the streets are built prior to home construction. 618 Substantial damage can occur as concrete truck loads or other heavy equipment associated with the Corpus Christi Ad Hoc Residential Street Committee Page 120 Final Report 5/23/2016 619 building of the subdivision by the developer transits the new streets. The City should evaluate strategies 620 to reduce its exposure to increased cost related to this type of damage. These include: 621 • Lengthened warranty periods 622 • Delayed acceptance of the roads 623 • Delayed installation of road wear surface or sidewalks with developer performance guaranteed 624 by performance bonds or cash 625 • Consider concrete streets for new road construction within residential subdivisions. 626 Improved street design standards may also be necessary. Streets engineering is an advanced and well 627 understood science. However, as a general matter, the design standards for streets rely on a series of 628 assumptions that are converted by formula into a profile for the street design. Thus when a street is 629 designated as having a 30 -year design life, it is often a short -hand estimate of Equivalent Single Axel 630 Loads (often abbreviated as "ESAL"). 631 If the assumptions which feed the formula are incorrect, or if road use changes, then the road will not 632 achieve its design life in terms of years. Examples include: 633 • Incorrect assumptions with respect to the weight of garbage trucks, recycling trucks, delivery 634 trucks, or busses which have tended to increase in weight or frequency as compared with 635 historical periods. 636 637 • Usage may increase on a residential street if it inadvertently becomes a through -street due to 638 issues of construction on neighboring streets or congestion on nearby arterials and collector 639 streets. 640 641 • Street usage far beyond design life. The City currently contemplates using a street for 60 years 642 even though the initial design life was 30 years. 643 Design -life extension can be simplified to be thought of as increased base and wear surface depth. 644 Because road elevations get set on primary construction, it is much, much easier to increase these 645 parameters on new construction as compared with redeveloping older streets to these new standards. 646 Further, in most reasonable scenarios, additional base material has the effect of making maintenance 647 and reconstruction cheaper in addition to expanding the useful life of the roadway. 648 More work has to be done, before a clear course of action is apparent. 649 650 651 2.14 Construction in the ETJ Finding / Recommendation 2.14: The Committee recommends that the City consider a strategy to address street construction in the ETJ to limit exposure to increased costs if those roads become City responsibility through annexation. Corpus Christi Ad Hoc Residential Street Committee Page 121 Final Report 5/23/2016 652 The City should also understand and catalog construction of residential streets in the ETJ. As the City 653 grows, these streets will become the financial and operational responsibility of the City. If they are 654 substandard because the City has no jurisdiction or if they are not properly inspected, then this will 655 become a very expensive burden on the City as expansion occurs. 656 The County encourages construction that omits common features such as curb, gutter, sidewalks, or 657 some storm water improvements so that it does not become responsible for maintenance of these 658 expensive systems. 659 Because the City may have no or limited authority over new construction in the ETJ, the Committee 660 recommends working closely with the County to address this issue. 661 662 2.15 Storm Water 663 Finding / Recommendation 2.15: The Committee recommends that the City evaluate the stormwater problem outside of the purview of this Ad Hoc Committee. 664 Standing water due to ineffective stormwater drainage is a significant contributor to the degradation of 665 City streets. 666 Unfortunately, stormwater is a complicated and expensive responsibility of the City. Effectively moving 667 stormwater has a large impact on street health, safety, and the potential for property damage. The 668 issue presents complex engineering challenges, land use issues, and an enormous funding problems. 669 The Street Committee believes that successful understanding and resolution of these issues is beyond 670 the capabilities, timeframe, and resources of the Committee and, as such, we have no opinion on this 671 matter other than making a small budgetary allowance within reconstruction scenarios. 672 673 674 Corpus Christi Ad Hoc Residential Street Committee Page 1 22 Final Report 675 Section 3 — Street Treatment Types 5/23/2016 676 The need for street maintenance and reconstruction is large. However, the budget is necessarily small. 677 As such, there will always be difficult choices that must be made to allocate scarce funding for maximum 678 effect. Life extension of existing assets is the only way to cope with the physical and fiscal reality. 679 Ultimately, any street management program will be a combination of the following treatments: 680 3.1 Targeted Area Reclamation ("TAR") 681 Finding / Recommendation 3.1: The Committee recommends that the City funds a program of residential street spending to achieve a Targeted Area Reclamation (a "TAR") with a defined budget amount and program cycle time. The TAR is a proactive, intensive maintenance cycle applied throughout the City to extend the functional life of streets until reconstruction can occur. 682 The Targeted Area Reclamation is an intensive maintenance program which is designed to pro -actively 683 service streets throughout the City. The goal of the targeted area repairs is street life extension. 684 The TAR program repairs targeted areas to alleviate damaging conditions, dangerous conditions, low 685 quality ride areas, or other specific areas that need remediation. Examples of problems that would be 686 addressed can include but are not limited to jarring dips, recurring pot holes, and lane sag as examples. 687 The TAR could also be used to achieve signage/striping designation of Metropolitan Planning 688 Organization ("MPO") bike routes on residential streets, to the extent that these improvements are not 689 directly funded by the MPO. 690 Remediation treatments can include but are not limited to area wear -layer treatments, micro -surfacing, 691 area limited depth repair, area full depth repair, level -up treatments, structural pot hole repair, and 692 signage/striping improvement, as examples. Improvements may also be made to curb, gutter, and 693 flatwork as necessary. These treatments are currently used by the City on a smaller scale and more 694 reactive basis. So there is substantial precedent that this type of process is both achievable and 695 effective. 696 There will also be overlay -type improvements in the limited case where the streets require minimal 697 ADA, curb, gutter, or flatwork. In these cases the overlay process is extremely cost effective, because 698 almost all the money funds street surface renewal and little is required to be spent on ancillary facilities. 699 There are two key policy decisions that must be made with respect to the TAR process: 700 • The budget per unit of area. Policy makers would determine the annual amount of the program 701 in their sole discretion. However, the Committee envision that the annual amount is 702 approximately sized to be the financial equivalent of reconstruction of 10% of the surface area 703 of the streets with a PCI < 55 within a defined area. 704 Corpus Christi Ad Hoc Residential Street Committee Page 1 23 Final Report 5/23/2016 705 • The cycle time to service all areas. The promise to the citizens is that by completing a TAR cycle, 706 each neighborhood within the City will have received proactive intensive maintenance within a 707 defined number of years. It is this promise to the Citizens that is an important part of any policy. 708 The Committee believes that the appropriate range of cycle span is five to seven years. 709 The first element of defining the TAR process is to determine Project Units which are geographic areas 710 that segment Districts into areas for which an annual TAR workplan is produced. Project Units are 711 logically defined, compact areas within City Council Districts that each have approximately the same 712 square yardage of surface area of residential streets with a PCI less than 55. The number of Project 713 Units within a district is equal to the number of years required to achieve intensive maintenance to the 714 entire District area. For example, if the policy makers determine that the entire City should receive TAR 715 maintenance over a five year cycle, then there would be five Project Units within each district. The 716 Project Units will be designated by District number and year order related to a particular TAR cycle. As a 717 hypothetical example on a five year cycle for District 1, there will be TAR 1-2017, TAR 1-2018, TAR 1- 718 2019, TAR 1-2020, TAR 1-2021. 719 The second element of the TAR process is to allocate funding to each Project Unit. The allocation is 720 made by taking the total annual budget amount and dividing by the total square yardage of all Project 721 Units expected to be completed for that particular year. The resulting amount is the allocated dollars 722 per square yard. This factor is multiplied by the square yardage of a particular Project Unit to determine 723 the total budget dollars available that year for a particular area. 724 The third element of the TAR is a detailed workplan for the streets within that year's TAR Project Units. 725 The workplan is determined by a qualified street expert. The workplan identifies the specific problems 726 and the proscriptive fix for each location. The amount and degree of work is limited by the budget 727 allocated to the area under review. 728 TAR treatments would not be implemented on streets that had failed and are included in the Rebuild 729 program. 730 While the spending between districts may be uneven due to the differing amount of residential roads in 731 poor condition within each district, each area would receive funding proportional to the amount of poor 732 condition streets in a particular area as compared with the City as a whole. We think that this achieves 733 equity in street maintenance among citizens across the City. 734 The TAR process does improve the utility and safety of the streets. This method stretches the life out of 735 streets to the fullest extent possible; however, it is not a substitute for replacement of failed streets or 736 facilities. We do think that this approach benefits the City's water and wastewater utilities by allowing 737 time for them to engage in an independent process to prioritize their spending to meet EPA 738 requirements and assess under -street facilities health. 739 As compared with traditional reconstruction alternatives, the TAR is very effective at reclaiming problem 740 areas of the surface of residential City streets per dollar spent. However it must be acknowledged that it 741 achieves this by not improving curbs/gutters, under street utilities, or storm water drainage in material 742 amounts. Corpus Christi Ad Hoc Residential Street Committee Page 1 24 Final Report 5/23/2016 743 The typical street serviced by the TAR will have sections that are unimproved. The damage repair in the 744 areas that have received the intensive reclamation will appear to be new road surface. Visually the 745 street will have a patchwork appearance, but the damage in the target area will be fixed. 746 The City may implement TAR treatments using both internal street operation resources as well as 747 outside consultants. In addition to the large-scale contractors, we believe that there will be the 748 opportunity for the City to strategically and effectively use small contractors to provide specific 749 treatments or over small areas. 750 We believe that the first TAR cycle has the most value to address the most visible and ride impacting 751 problems. The Committee recommends that the TAR program is reviewed in its entirety after the first 752 cycle to judge its effectiveness and to assess the incremental value of a second cycle. We believe that 753 the completion of the first TAR cycle will probably coincide with the completion of the Harbor Bridge 754 and other major road projects such that availability of materials, contractors, or experienced workers 755 may impact City priorities or cost structure of road repair. 756 757 3.2 Rebuilding Residential Streets 758 Finding / Recommendation 3.2: The Committee recommends that the City funds a program of residential street spending known as Rebuild with a defined budget amount. Streets that are rebuilt will receive a new wear surface, base renewal, curb/gutter/ADA improvements, and under -street utilities as required. 759 Rebuild consists of a choice between two methods to address a failed street, either rework or 760 reconstruct. The choice between these two processes for any particular street is determined by 761 evaluating the street base, sub -soil, and existing materials quality in order to determine the possibility or 762 degree of reuse of existing street materials. There is also evaluation of the under -street water, waste 763 water, gas, and stormwater utilities for replacement or reconfiguration which may impact the decision 764 between rebuilding methods. 765 During the rebuilding process curb, gutter, flatwork, and ADA required improvements are made. 766 Rework: 767 The rework process is a proven and cost effective method of rebuilding failed streets. For streets that 768 are tested and have sufficient base and favorable sub -grade conditions, the City can rebuild the street 769 using a rework process. That process mills the existing surface and base, stabilizes the mixture with 770 additives, and re -uses about 80 percent of the materials in situ. A new wear surface is applied as the 771 final step. 772 The street is functionally new at a cost less than full depth reconstruction. Corpus Christi Ad Hoc Residential Street Committee Page 1 25 Final Report 5/23/2016 773 The City used to complete the rework process with internal crews. The best example is Texan Trail 774 between Reid and Staples that was reworked in August 2011 and remains in excellent condition. 775 Reconstruct: 776 Reconstruction is the required rebuilding process for failed streets where testing indicates that a rework 777 is not possible or for streets that must be reconfigured. The existing material is removed. The sub - 778 grade soil is mechanically and chemically stabilized. New base and wear surface is applied. 779 During the Reconstruction process, the under -street water, waste water, and gas utility facilities are 780 evaluated and replaced if necessary to be funded by the respective utility departments. Stormwater will 781 be considered subject to a budget limitations. 782 783 784 785 Corpus Christi Ad Hoc Residential Street Committee Page 1 26 Final Report 786 Section 4 — Prioritizing Street Rebuilding 787 4.0 Prioritization Recommendation 5/23/2016 Finding / Recommendation 4.0: The Committee recommends prioritizing street rebuilding according to a process that considers road condition, safety, maintenance history, proximity to schools, population density, utility coordination, transportation coordination, and road network connectivity. 788 789 In order to effect a rebuilding program, failed streets must be prioritized. This is a very difficult process 790 to define but it is critically important so that it is implemented in an unbiased manner across the City 791 and free from political considerations as much as possible. The process must be transparent, stable, 792 organized, and well understood by all stakeholders. The results must be documented and available to 793 the public. 794 The deliverable from the City to the citizens is a list of streets in order of expected reconstruction for 795 each District. Each street accepted for reconstruction would have a defined work plan and associated 796 budget. Roads not accepted for reconstruction would be eligible for service by the TAR process. 797 The Committee expects that the prioritization process will occur on a two year cycle which corresponds 798 to recent Transmap data (or the equivalent) and the expected cycle of automated measurement of 799 street health. 800 Prioritization Step 1— Determination of Budget by District: 801 Each year, in conjunction with the budget cycle, the determination is made to divide the amount 802 budgeted for street rebuilding between Districts. The calculation is designed to allocate budget 803 according to relative need. 804 The City shall determine the total square yardage of residential streets with a PCI value of less than 55 805 for each District. Using the aforementioned total, the percentage of the annual budget for each District 806 shall be the proportion of square yardage for the streets within a particular District as a ratio to the total 807 square yardage among all Districts. 808 Prioritization Step 2 —Triage: 809 The candidate list of streets to be considered for Rebuilding shall consist of each residential street 810 segments with a PCI of less than 20. The ranking process should be repeated for each District, because 811 each District will have an independently prioritized list of streets designated for Rebuilding. 812 The triage is important because there are hundreds of streets that are in poor condition, and there is 813 not enough budget or contracting capacity to address them all. By making an upfront determination of 814 severity using a data -centric ranking, the City avoids spending time, labor, and expense to evaluate 815 every situation in a detailed manner, but for which there are insufficient funds to address through Corpus Christi Ad Hoc Residential Street Committee Page 1 27 Final Report 5/23/2016 816 reconstruction. This process is also an important feedback mechanism for conditions that can be 817 ameliorated through the TAR process. 818 The street candidate list shall then be scored according to the following matrix: Element Description Ridability The City will evaluate the use of the International Roughness Index, as provided by Transmap, as a proxy for degradation of road surface. Most people perceive road roughness as the indicator of road quality. The rougher the road, the higher the rank for a particular street. Safety The City will evaluate the accident reporting from the City's various public safety departments. The higher the incidence or severity of accidents, the higher the rank for a particular street. Maintenance History The City will evaluate the historical record of repairs to a particular road segment in order to determine the frequency of material problems. Repeated repairs within the same road segment can indicate the need for the rebuilding as a permanent solution to recurring problems. The higher the number of recurring problems per review period, the higher the rank for a particular street. Proximity to schools The City will evaluate the proximity of the road segment to schools. Schools generate substantial local traffic and need safe streets and supporting street infrastructure such as curbs, gutter, and sidewalks. The closer the street is to a school, the higher the rank of the street. Population density The City will evaluate the population density along the road segment if the data is available throughout the City or alternatively as a density of improved lots as a proxy for population if the data is otherwise unavailable. The higher population density, the higher the rank for a particular street. Utility coordination The City's utilities have under -street utilities for about 50% of the residential streets. The utility will report the street as a priority, neutral, or negative based on utility knowledge of the conditions and cost of replacement for facilities. A particular street will be ranked from priority as highest and negative as lowest. Transportation coordination The City has transportation priorities as determined by traffic engineering to increase safety or reduce traffic backups as examples. There are also planning organizations such as the Corpus Christi Ad Hoc Residential Street Committee Page 128 Final Report 5/23/2016 819 820 The ranking for each category listed above shall have the same weight. Staff will determine the optimal 821 scoring matrix consistent with Committee priorities. 822 The list shall be truncated at 140% of the estimated square yardage that can be serviced within a two 823 year period using standard cost estimates for reconstruction, the expected annual budget, and the 824 square yardage of the street segments. However, for discussion purposes, the Staff may generate a five 825 year list. 826 We have chosen variables that attempt to fix the streets in worst condition but have the highest social 827 impact. We have also tried to improve the efficiency of City spending by identifying roads where a fix 828 can eliminate maintenance costs associated with recurring visits or avoid replacement of utility facilities 829 that have remaining useful life. 830 Prioritization Step 3 — Information Gathering: 831 The third step is to gather information necessary to ensure quality of the list results as well as estimate 832 cost of rebuilding for each street segment. 833 For each street segment on the list, a qualified person will visit the street to confirm the degree of street 834 surface failure, evaluate expensive proximate problems such as insufficient stormwater drainage, quality 835 of base or other materials, and condition of curbs/gutters/flatwork/ADA, among other variables. If the 836 street condition is consistent with expected degree of failure, then the street segment will remain on 837 the list for further evaluation. 838 The City should develop a workplan and standard -cost budget estimate for the street segment 839 rebuilding: 840 841 842 843 844 845 • City and non -City utilities will be notified that street is being considered for replacement so that they advise the City if the street impacts their independent strategic priorities. • Gather historical information regarding street construction, surface/sub-surface testing, maintenance history, third -party street work, etc. Corpus Christi Ad Hoc Residential Street Committee Page 1 29 MPO which have designated certain streets as being important to the transportation health of the City. The City will score each street as priority, neutral, or negative based on traffic priorities or planning organizations. A particular street will be ranked from priority as highest and negative as lowest. Road network connectivity Residential road segments at each end have either a dead-end, another residential street, a collector street, or an arterial street. The City will calculate a score for a particular street based on the importance of the connections at both ends. Streets will be ranked based on the intensity of their road network connection. Arterial connected streets will rank highest, residential road / dead end streets will rank the lowest. 819 820 The ranking for each category listed above shall have the same weight. Staff will determine the optimal 821 scoring matrix consistent with Committee priorities. 822 The list shall be truncated at 140% of the estimated square yardage that can be serviced within a two 823 year period using standard cost estimates for reconstruction, the expected annual budget, and the 824 square yardage of the street segments. However, for discussion purposes, the Staff may generate a five 825 year list. 826 We have chosen variables that attempt to fix the streets in worst condition but have the highest social 827 impact. We have also tried to improve the efficiency of City spending by identifying roads where a fix 828 can eliminate maintenance costs associated with recurring visits or avoid replacement of utility facilities 829 that have remaining useful life. 830 Prioritization Step 3 — Information Gathering: 831 The third step is to gather information necessary to ensure quality of the list results as well as estimate 832 cost of rebuilding for each street segment. 833 For each street segment on the list, a qualified person will visit the street to confirm the degree of street 834 surface failure, evaluate expensive proximate problems such as insufficient stormwater drainage, quality 835 of base or other materials, and condition of curbs/gutters/flatwork/ADA, among other variables. If the 836 street condition is consistent with expected degree of failure, then the street segment will remain on 837 the list for further evaluation. 838 The City should develop a workplan and standard -cost budget estimate for the street segment 839 rebuilding: 840 841 842 843 844 845 • City and non -City utilities will be notified that street is being considered for replacement so that they advise the City if the street impacts their independent strategic priorities. • Gather historical information regarding street construction, surface/sub-surface testing, maintenance history, third -party street work, etc. Corpus Christi Ad Hoc Residential Street Committee Page 1 29 846 847 848 849 850 851 852 853 854 855 856 Final Report 5/23/2016 • Estimate budget for replacement using standard cost methodologies for surface, curb/gutter, ADA, utilities net of any possibility of cost sharing or reimbursement from non -City entity. • Estimate budget for any required stormwater facilities cost or other special situation costs. • Estimate saving associated with efficient mobilization related to other City projects or between street segment candidates. • Notify any potential sources of cost sharing such as other governmental entities or third -party utilities. 857 The workproduct for each street is a small decision package which is easy to create consisting of the net - 858 cost budget, a short narrative, a few pictures, and an overhead street view. 859 Prioritization Step 4 — High Cost Exception Diversion: 860 The fourth step is the diversion to high-cost exception list. Certain streets that have failed and would 861 otherwise have a high priority are disproportionately expensive to rebuild. The best example of a 862 condition causing high cost is the need for improvement or addition of stormwater facilities. 863 Because the total funding for rebuilding is limited, there is the potential for a high-cost street to absorb 864 a large fraction of the Rebuild budget to rebuild a single street. By moving the high-cost streets to a 865 separate list for consideration of supplemental funding, the number of regular cost streets which can be 866 rebuilt is maximized. 867 Here is the process for diversion of high-cost streets from the regular rebuilding list: 868 • If stormwater or other special situation costs are more than 20% of the estimated budget, then 869 road is placed on a "High -Cost Exception List" 870 871 • High -Cost Exception List gets circulated to City Council or other relevant City departments 872 873 • The high-cost element is specifically funded or not 874 - Dedicated stormwater funding source or allocated funds for purpose 875 - Private or third -party funds 876 - City Council direction for appropriation or for street program to absorb cost 877 • If high-cost element is funded, then street returns to normal ranking process 878 879 • If high-cost element is not funded, then street stays on high-cost exception list 880 Prioritization Step 5 — Finalization of Rebuild Annual Work Plan: 881 The Rebuild Annual Work Plan is established by assuming rebuilding of streets in rank order from the list 882 for each District. The Rebuild Annual Work Plan is then communicated and authorized: Corpus Christi Ad Hoc Residential Street Committee Page 1 30 Final Report 5/23/2016 883 • Publish to public and provide City Council with preliminary findings with respect to streets, 884 scoring and District list 885 • Public hearing hosted by City staff, can be central or by District 886 • Following public hearings, the City Council ratifies Rebuild Annual Work Plan 887 Once a road is accepted on an annual work plan, it will be completed in the expected year or become 888 the first road for the next year rollover. If the City is ahead of schedule and under budget, then the 889 street rebuilding can continue down the list in regular order of District rotation or savings added to 890 subsequent year's plan. If work is over -budget, then amount is 'borrowed' from subsequent year's 891 annual work plan. 892 Streets on ranking list but not in a work plan are referred to TAR list. With City Council approval, 893 unplanned road reconstruction may be jumped into line within a District for good cause, to be 894 determined by the City Council. 895 Results of the finalization and regular reporting of progress should be communicated to the public with 896 respect to any particular street. 897 Other Considerations: 898 The Committee is recommending the use of PCI and the related roughness index as a major component 899 to prioritize streets. 900 However, many on the committee have substantial reservations as to the usefulness of PCI in the lower 901 value ranges (i.e. less than 40) as a measure of comparative street health. In making our 902 recommendation, we are trusting the Staff representation to the Committee that the new values from 903 Transmap highly correlate to actual street health. 904 If the Transmap values demonstrate the lack of correlation with street health that we observed in the 905 prior City data, then other proxies or methods must be substituted in order for the City to achieve 906 maximum benefit from this program. 907 908 909 Corpus Christi Ad Hoc Residential Street Committee Page 1 31 Final Report 5/23/2016 910 Section 5 — Reconstruction Scenarios 911 The goal for the reconstruction program is to get the process underway at a level that credibly starts to 912 address the problem of rebuilding residential streets. Unsurprisingly, if the City spends more money, it 913 can rebuild more streets. If we successfully plan and execute a baseline plan, then there will be the 914 opportunity to add funding on a one-time or recurring basis and accelerate the process. 915 With this in mind, the Committee presents funding scenarios of $10 million, $14 million, $15 million, $17 916 million and $20 million per year. Certainly intermediate funding levels will produce intermediate results. 917 Whatever level of funding is chosen, it will be prudent to reassess the plan in a five year timeframe. 918 Within the next few years, the building of the Harbor Bridge and other TxDOT projects will present a 919 challenge and opportunity for street operations. The challenge will be competition for experienced 920 crews, materials, and contractor attention. The opportunity will be the potential for increased 921 contractor capacity and new materials supplies to flow into the region. The key will be to reassess street 922 programs at the end of the Harbor Bridge project, with the possibility of expanding City street 923 replacement to take advantage of the wind -down of those projects. 924 Here is the spending by treatment for each scenario: 925 Program Size $10 mm $14 mm $17 mm $20 mm TAR (Cycle length) $0 $9 mm/yr (7 year cycle) $12 mm/yr (5 year cycle) $12 mm/yr (5 year cycle) Rebuild $10mm/yr $5 mm/yr $5 mm/yr $8 mm/yr Totals $10 mm/yr $14 mm/yr $17 mm/yr $20 mm/yr 926 927 $10 Million Scenario: 928 The $10 million scenario primarily spends the funding directly on rebuilding failed streets. Because the 929 funding amount is small, it is unlikely that it would be worth the effort to establish a TAR program. 930 Program Table Yea 1r Year Year Year Year Year Year Year Year Year Year Year 3 4 5 6 7 8 9 10 29 30 Annual TAR Mllage Equivalent - - - - - - - - - - - - Annual Wage Rebuild 4.7 4.7 4/ 4.7 4.7 4/ 4.7 4/ 4.7 41 4.7 4/ Annual Mllage Rebuild Equiv 47 4.7 4/ 47 4.7 43 4/ 4/ 4/ 4/ 47 47 Cumin Wage Streets Semeed 4..7 9.4 14.2 18.9 23.6 28.3 33.0 37.8 42.5 47.2 136.9 141.6 % Street Rebuilt Equivalent 1% 1% 2% 2% 3% 3% 4% 5% 5% 6% 17% 17% Total Program Spend Associated Util Spend Storm Water Total Cost to City 10.000.000 10200.000 10 404.000 10.612080 10.824.322 11.040.808 11 261.624 11 486.867 11/16.594 11.950.926 17.410.242 17.758 447 4.993.307 5-093.174 5,195.037 5,298.938 5.404.917 5.513.015 5,623.275 5.735.741 5,850.455 5.967.465 8,693.469 8.867.338 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 15.993.307 16.293.174 16.599.037 16,911.018 17.229.238 17,553.823 17.884.899 18.222.597 18,567.049 18.918.390 27.103.711 27.625.785 Corpus Christi Ad Hoc Residential Street Committee Page 1 32 3% 4% 6% 7% 13% 14% 41% 43% Final Report 5/23/2016 931 Rebuilding streets is expensive. By the end of year 5 only 3% of the streets would be rebuilt. By the end 932 of year 30 only 17% of the streets would be rebuilt. Including an estimate of the associated utility 933 spending, the total impact of the project is approximately $16 million per year. 934 935 $14 Million Scenario: 936 The $14 million scenario contains a TAR with a seven year service cycle and $5 million in rebuilding. 937 938 Program Table Annual TAR PJlilage Equivalent Annual Milage Rebuild Annual Milage Rebuild Equly Cumul Milage Streets Sewed Street Rebuilt Equivalent Year Year Year Year Year Year Year Year Year Year Year Year 6 7 8 9 10 29 30 92 92 92 92 92 92 24 24 24 24 2.4 2.4 1 92 2.4 2 92 24 3 92 24 92 2_4 5 92 2.4 Total Program Spend Associated UtiI Spend Storm Water Total Cost to City 1t5 11.5 92 24 11.5 11.5 1t5 11.5 11.5 11.5 11.5 11.5 11.5 11.5 1t5 23.1 34.6 46.2 57.7 69.3 80.8 92.4 103.9 115.5 334.9 346.5 1% 14.000.000 14,280_000 14.565.600 14.856.912 15.154.050 2.496.654 2.546.587 2.597.519 2.649.469 2.702.458 1.000.000 1,000.000 1.000.000 1.000.000 1.000.000 17.496.654 17, 826.587 18.163.119 18.506,381 18.856.509 9% 10% 11% 15,457.131 15,766,274 16,081,599 2.756507 2.811.638 2,867.870 1.000.000 1.000.000 1.000.000 19,213.639 19.577.911 19.949.470 16.403 231 16.731,296 24.374.339 24.861 826 2.925.228 2.983.732 4.346.735 4.433.669 1.000.000 1.000.000 1.000.000 1.000.000 20.328.459 20.715.028 29.721.073 30.295.495 939 The inclusion of the TAR stretches the street surface funding primarily by ignoring problems with curbs, 940 gutters and ancillary facilities. By the end of year 5, an equivalent of 7% of the streets would be rebuilt. 941 By the end of year 30, an equivalent of 43% of the streets would be rebuilt. Including an estimate of the 942 associated utility spending, the total impact of the project is approximately $17.5 million per year. 943 As compared with the scenario that is weighted to rebuilding, utility expenditures are reduced. While 944 the street budget increased by $4 million per year, the program total only increased by $1.5 million due 945 to the offset. 946 947 $17 Million Scenario: 948 The $17 million scenario contains a TAR with a five year service cycle and $5 million in rebuilding. 949 Program Table Year Year Year Year Year Year Year Year Year Year Year Year 1 2 2 4 5 6 7 8 9 10 29 30 Annual TAR Milage Equivalent 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 Annual Milage Rebuild 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 Annual Milage Rebuild Equiv 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 Cumin Milage Streets Serviced 14.9 29.8 44.8 59.7 74.6 89.5 104.4 119_4 134.3 149 2 432.7 447.6 % Street Rebuilt Equivalent 2% 4% 6% 7% 9% 11% 13% 15% 17% 18% 53% 55% Total Program Spend Associated UM Spend Storm Miater Total Cost to City 17.000.000 17.340,000 17.686,800 18.040,536 18.401.347 18.769.374 19.144.761 19.527.656 19.918309 20.316.574 29.597.412 30.189.360 2_495.654 2,546.587 2597.519 2.649 459 2_702_458 2.756.507 2.811.638 2.867.870 2925228 2.983.732 4.346.735 4_433_669 1,000.000 1.000.000 1,000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 20.496.654 20.886,587 21.284.319 21.690,005 22.103.805 22.525.881 22.956.399 23.395.527 23.843.437 24.300.306 34.944.146 35.623.029 950 This scenario is probably the optimal level of spending. All neighborhoods get an intensive service 951 within a reasonably short period and the rebuilding gets underway at a meaningful level. Corresponding 952 utility spending is at a relatively low level. 953 By the end of year 5, an equivalent of 9% of the streets would be rebuilt. By the end of year 30, an 954 equivalent of 55% of the streets would be rebuilt. Including an estimate of the associated utility 955 spending, the total impact of the project is approximately $20.5 million per year. Corpus Christi Ad Hoc Residential Street Committee Page 1 33 Final Report 5/23/2016 956 957 958 $20 Million Scenario: 959 The $20 million scenario contains a TAR with a five year service cycle and $8 million in rebuilding. 960 Program Table Yea 1r Year Year Year 4 Yea Sr Year Year Year Year Year Year Year 6 7 8 9 10 29 30 Annual TAR Milage Equivalent 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 Annual Milege Rebuild 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 Annual Milage Rebuild Equiv 16.3 16.3 16.3 16.3 16.3 16.3 16.3 16.3 16.3 16 ..3 16.3 16.3 Cumin Wage Streets Serviced 16.3 32.7 49.0 65.3 81.7 98.0 114.3 130.7 147.0 163.4 473.7 490.1 Street Rebuilt Equivalent 2% 4% 6% 8% 10% 1215 14% 16% 18% 20% 58% 60% Total Program Spend Associated Util Spend Storm Water Total Cost to City 20.000.000 20,400.000 20.808.000 21.224.160 21,648.643 22.081.616 22,523.248 22.973.713 23.433.188 23.901.851 34.820.484 35.516.894 3994.646 4.074.539 4,156.030 4_239 150 4.323.933 4.410 412 4_498.620 4.688_693 4.680,364 4.773.972 6,954.775 7.093,871 1.000.000 1.000.000 1_000_000 1_000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 24,994646 25,474,839 25.914 030 26,413,310 26.972.576 27.492.028 28.021,869 28.512.306 29.113 552 29.675823 42,775,259 43.610.765 961 By the end of year 5, an equivalent of 10% of the streets would be rebuilt. By the end of year 30, an 962 equivalent of 60% of the streets would be rebuilt. Including an estimate of the associated utility 963 spending, the total impact of the project is approximately $25 million per year. 964 965 966 Corpus Christi Ad Hoc Residential Street Committee Page 1 34 Final Report 967 Section 6 -- Financing 5/23/2016 968 Although financing and determining sources of new funds for street improvements was not a primary 969 task of the Committee, it is worth sharing Committee thoughts on program financing, as well as 970 outlining numerous potential sources of funds under discussion for proposed new residential street 971 programs. 972 6.1 Monitor Activity, Spending and Outcomes from New Residential Street Funding 973 Finding / Recommendation 6.1: We recommend the City regularly report and publish a clear accounting of how and where individual program dollars are spent and to be transparent if program funds are increased, decreased or reallocated. 974 Both the Residential TAR Program and the Residential Street Rebuild (Rework & Reconstruction) 975 Program described in this report are designed as new programs with new funding in order to assure 976 independent tracking and reporting on the activity, spending and outcomes derived from these new 977 dollars. 978 979 6.2 Static Funding 980 Finding / Recommendation 6.2: We recommend that street program funding be increased annually at least at the general rate of inflation and proportionate network growth. 981 The Committee recognizes that static funding of programs over time may result in underfunding and/or 982 understaffing program activity. A case in point is funding for City street operations has been flat for over 983 a decade despite growth in the street network and the increased cost of inflation. It is important that 984 program funding be increased annually at least at the general rate of inflation. As the City improves its 985 ability to understand its standard cost structure, we expect the City will be in a better position to better 986 determine growth demands and inflationary impact on actual program spending and then budget 987 accordingly. 988 Corpus Christi Ad Hoc Residential Street Committee Page 1 35 Final Report 989 6.3 Sources of Funds 5/23/2016 Finding / Recommendation 6.3: We recommend that the Council direct the City Manager to explore all possible funding sources for residential street programs and prepare a recommendation for Council consideration. 990 991 RTA Funding of City Street Aspects. Our survey of other Texas cities showed a number of cities receive 992 funding from their Transportation Authorities for both street maintenance and street reconstruction, 993 expanding their traditional investment in bus stops and surrounding street elements, as well as for 994 offsetting the wear and tear of city buses on the street network. 995 The Committee Chair had preliminary meetings with the RTA regarding their funding of street 996 improvements. In general, these discussions centered on RTA funding of about $1.5 million per year. 997 Work still needs to be done to define the elements of street projects which support the RTA in their core 998 mission of network transportation. We believe that bicycle mobility and American Disability Act 999 accommodations are elements of street projects that are consistent with the RTA's core mission to serve 1000 economically disadvantaged and disabled citizens. Additionally, the journey to and from residential 1001 homes to a bus stop is an important part of end-to-end service and leverages RTA's substantial 1002 investment in bike and ADA accommodations. 1003 The funding under consideration would be in addition to existing contributions to street programs by 1004 the RTA and not a reallocation of existing funding. It is expected that to the extent possible, we will work 1005 together to qualify this additional funding for direct or indirect Federal funding. Any actual arrangement 1006 between the RTA and the City must ultimately be determined and agreed to by the respective oversight 1007 authorities. 1008 Budget Savings and/or Reallocation of Existing Dollars. As part of the City's zero based budgeting 1009 initiative, any reprioritization of existing dollars, as well as any identified budget savings, should be 1010 considered in developing new funding for proposed residential street programs. 1011 Dedicated General Fund and Industrial District Revenue. The Council's Financial Budgetary Policies 1012 Resolution #029848 provides policy direction to the City Manager on the preparation of annual budgets. 1013 Included in this resolution are the defined General Fund and Industrial District Revenue contributions to 1014 residential street capital improvements. The resolution was discussed at length in the most recent 1015 Council Retreat where the Council talked about reviewing these specific policies regularly for 1016 appropriate future funding levels, as well as for inflation and growth impacts. 1017 1018 1019 1020 1021 1022 • For 3 years beginning in 2015, transfer $1m each year from the uncommitted fund balance of the General Fund to the Residential Street Capital Fund • Beginning in 2016, transfer 5% of the Industrial District Revenue to the Residential Street Capital Funding Corpus Christi Ad Hoc Residential Street Committee Page 1 36 1023 1024 1025 1026 1027 1028 1029 1030 Final Report 5/23/2016 • In 2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding • In 2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding • In 2023, transfer one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding 1031 Repurpose Whataburger Field Debt Service Funds. The 1/8 cent dedicated sales tax known as Type A 1032 funds approved by voters in 2002 is coming back to voters this November. Type A funds are allowed to 1033 be used primarily for economic development, affordable housing and some special event facility debt. In 1034 our case, the $2.5 million in annual debt service for Whataburger Field is funded by a portion of our 1035 current Type A dollars. The Whataburger Field debt is paid off September 2017, freeing up 1036 approximately $2.5 million a year in 2018 for another purpose. 1037 Council is currently considering November ballot language changing from a Type A program to either a 1038 Type B program which allows spending dollars on arterial reconstruction or to a General Revenue 1039 program which allows the dollars to be spent on any street reconstruction, including directly on 1040 residential streets. If Type B is chosen, some future arterial reconstruction bond programs could be 1041 replaced with residential reconstruction bond programs. 1042 Both options allow continued funding of economic development and affordable housing initiatives. 1043 Council is also considering a different allocation of these dedicated sales tax dollars to increase the 1044 money available for street improvements from $2.5 million to approximately $3.5 million annually. 1045 Charter Revision for Additional Dedicated Operations and Maintenance Property Tax Revenue. The 1046 current Charter Revision Committee is set to bring recommended charter changes to the City Council for 1047 potential consideration by voters in November. One measure under discussion would allow future City 1048 Councils to raise property tax rates under certain constraints for dedicated spending on street 1049 improvements. 1050 Dedicated Spending from Revenue Growth. Tax revenue generated by new growth each year in the City 1051 should be isolated and reported, with some portion of that revenue increase considered for dedicated 1052 spending on residential street improvements. 1053 Ad Valorem Tax Increase. Currently one additional cent on the property tax rate generates about an 1054 additional $1.7 million per year which the Council could appropriate for any municipal purpose, 1055 including street improvements. 1056 Corpus Christi Ad Hoc Residential Street Committee Page 1 37 Final Report 1057 Section 7 -- Communications 1058 7.1 General Communications of Street Programs 1059 5/23/2016 Finding / Recommendation 7.1: The Committee recommends that the City design a standardized communications program so that the public understands the plan for future work, the scope of current work, and an accounting of completed work. 1060 For project based departments, the communication with the public should start with a promise. You 1061 give us "$X" dollars and we will give you "Y" streets. The elements of the promise are a proposed 1062 budget, a defined scope of work, and a specific timeframe. The promise must be made before work 1063 starts; progress must be documented on a periodic basis; and there must be a thorough accounting of 1064 the final result. 1065 Here are committee recommendations in an effort to meet the promise standard: 1066 • Electronically publish the engineering work plan and budget associated with each project / 1067 contract let. 1068 1069 • The budget year, the work plan year, and the final accounting should all line-up at the end of the 1070 fiscal year to the maximum extent possible. At the end of the fiscal year, work planned and 1071 actual work performed should be accounted for. Budget versus actual should be clearly 1072 disclosed. 1073 1074 • Carryover amounts related to pending or uncommitted -unfinished work should be clearly 1075 presented. This allows for consideration of adequate staffing if and when the deferred work is 1076 undertaken and so that the make-up of the work becomes a policy matter by leadership. 1077 1078 • Name the work plan in a logical way that indicates when the work is expected to get done. For 1079 example the '2016 Seal Coat Work Plan' would be streets expected to be seal coated in fiscal 1080 year 2016. Avoid terms like Year 2 Plan, as an example in order to avoid confusion. 1081 1082 • On a monthly (or other) periodic basis, publish the expected work plan and the actual work 1083 performed. Publish budget and timing variances as well as the updated resulting work plan. 1084 1085 • Publish the raw data without spending a lot of time massaging — this would include inspection 1086 reports, acceptance reports, invoices, contract awards, etc. -- let search algorithms (e.g. google) 1087 index and catalog the reporting. 1088 Corpus Christi Ad Hoc Residential Street Committee Page 1 38 Final Report 5/23/2016 1089 • Publish before and after pictures of the work performed. It would help the average citizen 1090 understand the magnitude and scope of work being performed. 1091 1092 • Identify and disclose troubled projects so that there is confidence that issues are being address 1093 and not ignored. Everyone understands that problems will occur — the distinguishing character 1094 of good management is the ability to adapt and overcome. There is a tendency in large 1095 organizations to bury bad news; this inclination must be overcome and be replaced with sense 1096 of disclosure. 1097 1098 7.2 Communications of Street Program Complaints 1099 Finding / Recommendation 7.2: The Committee recommends that the City reinforce existing processes and procedures so that the Call Center can serve as the citizen point of contact for the City's professional response to specific citizen complaints or inquiry. 1100 The Committee recognizes that citizens are the ultimate customer of City services including streets. 1101 There is a balance that must be maintained: 1102 • Citizens must be provided with a complete, correct, and thoughtful reply to specific issues that 1103 an individual may raise. These situations include complaints about an individual street problem 1104 or complaints about contractor/street operations work, as examples among many. 1105 1106 • Direct and unfiltered contact between a complaining citizen and members of the Street 1107 Operations or Engineering Department requires a substantial investment of time and 1108 department resources. When this occurs, the core mission of the department suffers, the 1109 immediate work at hand is derailed, and there is an enormous emotional toll on the individual 1110 employees who may not be expert in customer communications. 1111 The City's Call Center already has processes in place to take the complaint and get answers from the 1112 relevant departments. The Call Center is also staffed with professional communications experts who are 1113 trained to achieve appropriate communication goals. These staff members can also keep City Council or 1114 other co -inquiring management in the loop in a more organized manner. 1115 By incorporating the Call Center into the path of complaints, the Committee believes that the feedback 1116 to the citizen will be improved, the deleterious impact on the department will be reduced, and City 1117 management can have a specific person accountable for professional response to the public. 1118 1119 1120 Corpus Christi Ad Hoc Residential Street Committee Page 1 39 1121 1122 1123 1124 Final Report 5/23/2016 Definitions 1125 Acquisition Planning —Acquisition planning is the combined role of strategic purchasing and contract 1126 administration. Reference page 11, Section 2.4. 1127 ADA—Americans with Disabilities Act, and for purposes of this document, all related rules and 1128 regulations related to facilities that require special design 1129 Arterial -- An arterial road is a high-capacity urban road. The primary function of an arterial road is to 1130 deliver traffic from collector roads to freeways or expressways, and between urban centers. 1131 Collector -- A collector road is a low -to -moderate -capacity road which serves to move traffic from 1132 residential streets to arterial roads. 1133 ETJ — "Extra Territorial Jurisdiction". The ETJ is the unincorporated land within five miles of Corpus 1134 Christi's boundary that is not within the city limits or ETJ of another city. It is the territory where Corpus 1135 Christi alone is authorized to annex land. To a limited degree, the ETJ enables the City to extend 1136 regulations to adjacent land where development can affect quality of life within the city. 1137 IDIQ— "Indefinite Delivery, Indefinite Quantity". A contracting method whereby competing contractors 1138 submits bids that consist of a la carte service pricing. Reference page 8, Section 2.2. 1139 Overlay — A street renewal and maintenance process whereby the asphalt surface of the road is milled 1140 and replaced with a new wear surface. Reference page 18, Section 2.10. 1141 PCI — "Pavement Condition Index". The PCI is a numerical index between 0 and 100 which is used to 1142 indicate the general condition of a pavement based on ride affecting and non -ride affecting conditions. 1143 It is a statistical measure of road health. Historically in Corpus Christi it has been based on visual 1144 inspection by qualified reviewers. However the process was recently automated by a company known 1145 as Transmap. Reference page 31, "Other Considerations". 1146 Rebuild — Rebuild is a process to replace a failed street. For purposes of this report, it is either a 1147 Reconstruct or a Rework. The choice between methods is a function of street environment and 1148 condition of materials comprising the failed street. Reference page 25, Section 3.2. 1149 Reconstruct — Reconstruct is a process to replace a failed street. It involves removal and replacement of 1150 the existing street materials. This method is selected if the conditions of the environment or the 1151 materials indicate that re -use would not be effective. It is also indicated where under -street utilities are 1152 replaced. Reference page 26. 1153 Residential Collector — A Collector road that primarily services residential neighborhoods and may have 1154 residences along the road itself. Corpus Christi Ad Hoc Residential Street Committee Page 1 40 Final Report 5/23/2016 1155 Rework -- Rework is a process to replace a failed street. It involves milling the existing materials, 1156 chemical stabilization, and reuse of a substantial fraction of existing street materials. New material is 1157 added as required. This method is selected if the conditions of the environment and the materials 1158 indicate that re -use would be effective. Reference page 25. 1159 Seal Coat -- A sealcoat is a preventive maintenance surface treatment designed to preserve and extend 1160 the life of a street. In general, the process involves application of a thin layer of asphalt emulsion and 1161 gravel to the road surface. Reference page 17, Section 2.9. 1162 "SPM P" — The Street Preventative Maintenance Program. 1163 Street Preventative Maintenance Program — "SPMP". A program of preventive maintenance designed to 1164 preserve and extend the life of a street. The program is funded by a street fee on the water utility bill of 1165 most residences and commercial customers as well as by contribution from other sources. The program 1166 is entering its third year in 2016. It is applied to each category of streets. The processes are seal coats 1167 and overlays. 1168 "TAR" --Targeted Area Reclamation 1169 Targeted Area Reclamation — "TAR". The Targeted Area Reclamation is an intensive maintenance 1170 program which is designed to pro -actively service streets throughout the City. The goal of the targeted 1171 area repairs is street life extension. The TAR program is designed to alleviate damaging conditions, 1172 dangerous conditions, low quality ride areas, or other specific areas that need remediation. Reference 1173 page 23, Section 3.1. 1174 1175 1176 Corpus Christi Ad Hoc Residential Street Committee Page 1 41 AGENDA MEMORANDUM City Council Meeting of Jun 14, 2016 DATE: June 7, 2016 TO: Margie C. Rose, Acting City Manager FROM: Dan Grimsbo, P.E., Interim Director of Water Utilities dang@cctexas.com (361) 826-1718 Drinking Water Treatment: The Basics And Drinking Water Short Term Action Plan STAFF PRESENTER(S): Name 1. Mark Van Vleck 2. Dan Grimsbo 3. OUTSIDE PRESENTER(S): Title/Position ACM Interim Director Name 1. William Becker, PH.D, PE, BCEE 2. 3. BACKGROUND: Title/Position Corporate Drinking Water Practice Lead Department Public Works & Utilities Water Utilities Organization Hazen and Sawyer The drinking water presentation will provide basic information about the type of Disinfectants used in water systems. The second presentation will provide the drinking water short term action plan status. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Drinking Water Treatment: the Basics PowerPoint — Drinking Water Improvements (Short -Term Action Plan) Drinking Water Treatment: the Basics Corpus Christi City Council Meeting 1 June 14, 2016 LNV Death Rate for Typhoid Fever United States, 1900-1960 Rate per 100,000 population 30 Chlorination begins 25 \ I 20 15 10 5 0 1900 1910 1920 1930 Control of Waterborne Disease — Essential human need provided by water engineers 20th Century — Control of Waterborne Diseases (Typhoid, Cholera, etc) through treatment technologies — Water Supply and Distribution — Wastewater treatment 1940 Source: U.S. Centers for Disease Control and Prevention, Summary of Notifiable Diseases, 1997. 1950 1960 LNV 1 Hazen 2 Disinfection By-products (DBPs) By-products of reactions between disinfectant (chlorine, ozone, etc.) and natural organic matter and/or bromide present in source water Disinfectant + Natural Organic Matter- DBPs Potential health impacts of DBPs • Cancer Bladder, colon and rectal • Reproductive? All disinfectants form disinfection byproducts!!! LNV 1 Hazen 3 Stage 2 D/DBP Rule • DBPs of concern: • Trihalomethanes (THMs) • Haloacetic acids (HAAs) • Intended to reduce risk and address localized concerns • Promulgated 2006 • DBP Control Options - Limit natural organic matter - Adjust disinfection practices - Remove after formation aEPA Stage 2 Disinfectants and Disinfection Byproducts Rule: A Quick Reference Guide For Schedule 1 Systems Stage 2 DBPP. Regale ed Contaminants zu—r-t7.,==nr "17.1.7=7«Vg .11.e.. Dri.noWater Mline an -WO -928-4791, • EPA•uvelasibz at gww.epa.gagsatewateri siggettionleggee , contact your.. clinking waterregesegative n''"" or than SOO p.a. and hava el.ble TIMM an411.5 ate [an for a LNV 1 Hazen 4 Regulatory Challenges Disease Control • disinfection requirements -- CT • particle removal Disinfection Byproduct Control • Further control of THM and HAA levels • other DBPs LNV 1 Hazen 5 Types of Disinfectant Systems Chemical agents • chlorine (012) • chloramines (NH2CI) • chlorine dioxide (0102) • ozone (03) Physical agents • UV light irradiation • membranes LNV 1 Hazen 6 Sources of Natural Organic Matter LNV 1 Hazen DBPs Disinfectant + Bacteria 4 Dead Bacteria Disinfectant + Virus 4 Dead Virus Disinfectant + Giardia cyst 4 Dead Giardia cyst Disinfectant + Natural Organic Matter 4 DBPs All disinfectants form disinfection byproducts!!! LNV 1 Hazen 8 DBP Formation NOM = natural organic matter C12 + NOM Reduce these to minimize formation Chlorinated Organics • THMs • HAAs • many others Affected by: chlorine dose, NOM concentration, pH, temperature, time The THMs CI CI —C —H CI Br Br Br CI —C —H Br—C —H Br—C —H CI CI Br Chloroform Bromodichloromethane Chlorodibromomethane Bromoform DBP Control: Understand your water system Source Treatment Plant Distribution System LNV 1 Hazen 10 Typical Conventional Water Filtration Plant Pre oxidant: NaMnO4, C1O2, Coagulant: alum, polymer C12, NH3 Raw Water Chemical Mixing 0 To System 4 4 / o. ao 85 8B 00 gc lJ Flocculation \ Clearwell Sedimentation C12, NH3 caustic ..--`. C12 1 Q�■ Filtration 1 LNV 1 Hazen 11 RAW WATER THE COAGULATION PROCESS Goal: to rapidly disperse chemicals to promote particle aggregation V • Particles • • • • • •• •: es • •COAGULANT • • • • • • • L TO FLOC 1 -Ow FROM COAG THE FLOCCULATION PROCESS Goal: to impart slow mixing to promote particle -particle collisions \*. TO SEDIMENTATION G=90 G=]5 G=60 TAPERED FLOCCULATION THE SEDIMENTATION PROCESS Goal: to allow flocculated particles to settle out FROM FLOC BA N I I TO FILTRATION DBP Control Control options: • Alter chlorination scheme — Reduce chlorine dose - Move point of chlorination to downstream of natural organic matter removal • Optimize natural organic mater removal (e.g., improved mixing, coagulation chemistry, pH, GAC, (MIEX®) • Use alternative disinfectants - Use of ozone, chlorine dioxide typically results in lower concentrations of DBPs — UV disinfection — Chloramines • Optimize distribution system operations - Reduce travel time in distribution system - Change pH - Replace aging infrastructure • Remove DBPs after formation — Aeration for THMs; GAC for HAAs LNV 1 Hazen 15 History of chloramines • First used by Denver in 1917 • Gained popularity through until 1936 due to higher stability, longer lasting residual, and fewer tastes and odors than free chlorine • Usage dropped during World War II due to ammonia shortage • Increased after the EPA THM Rule in 1979 • Today roughly 30% of all systems use chloramines (50% in TX, FL) • EPA estimates up to 57% of all surface water plants will use chloramine to comply with the Stage 2 regulations LNV 1 Hazen 16 Chloramines Chloramines are formed when chlorine (012) reacts with ammonia (NH3) • Significantly lower levels of THMs and HAAs than free chlorine • Better control of Legionella in building plumbing systems • More stable residual than free chlorine Issues • Nitrification — loss of disinfectant residual • harmful sensitivities to dialysis patients • harmful sensitivities to fish Chloramines NH3 + HOCI H NH2CI + H2O monochloramine NH2CI + HOCI H NHCl2 + H2O dichloramine NHCl2 + HOCI H NCI3 + H2O trichloramine C12:NH3-N Ratio Dominant Species < 5:1 5:1 to 7.6:1 Monochloramine Dichloramines > 7.6:1 Free Chlorine Treatment Options: Advanced Natural Organic Matter Removal • Activated Carbon • Membranes • Ion Exchange (MIEX®) ADSORPTION Co Brine Oma clp O No Raw Water trobAclNmie Arid) RN Q gees..'RAID cF LNV 1 Hazen 19 Activated Carbon • Several options for using activated carbon — Pretreatment powdered activated carbon (PAC) — Filter adsorbers — Granular activated carbon in place of anthracite — Post -Filter granular activated carbon contactors LNV 1 Hazen 20 Annual Cost of Compliance Technology Options (Roy et al., 2010) 1,000,000 y :I-) 100,000 Ucti a �U c • 0 Q• 2 z 10,000 15 H Q f/} 1,000 Nanofiltration Microfiltration/ Ultrafiltration Ozone GAC UV Chlorine Dioxide Chloramine 0 10 20 30 40 50 60 70 80 90 Plant Capacity LNV 1 Hazen 21 Next Steps • Source monitoring • Plant improvements • Distribution system improvements • Operational changes • Consideration of Alternative Treatments LNV 1 Hazen 22 Drinking Water Improvements (Short -Term Action Plan) Council Presentation June 14, 2016 Water Treatment Plant KEY Study Design Con struction/Installation Monitoring & Operational Modifications 2 Month Action Items MAY JUN JUL AUG SEP OCT NOV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Coordination Team Meetings (twice weekly) 2 Temporary automated flow paced chemical feed controls t 3 Automated Raw Water Sampling 1 4 Evaluate use of Chlorine Dioxide 5 Evaluate long-term feasibility of using Free Chlorine for Disinfection 6 Evaluate Recycle Stream impact on chloramine stability 7 Evaluate impact of Bromide on Chloramine stability 8 Update and train Standard Operating Procedures that are impacted by improvements 9 Evaluate the potential to remove Total Organic Carbon 10 Evaluate the impact of Sequestering Agent. KEY Study Design Con struction/Installation Monitoring & Operational Modifications 2 Water Distribution System 3 Month Action Items MAY JUN JUL AUG SEP OCT NOV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Coordination Team Meetings (twice weekly) 2 Clean and chlorinate all tanks 3 Evaluate and, if needed, install Temporary chlorine booster stations at Navigation and Holly pump stations II 4 Update Nitrification Action Plan 5 Validate localized unidirectional flushing (UDF) sequences 6 Review/ update Standard Operating Procedures for Conversion back to Chloramination y Improve Chloramination Monitoring and Chemical Feed Controls at11 Staples & Sand Dollar Pump Stations 8 Evaluate and update Distribution System Operations Plan 9 Evaluate and possibly install Chloramination Monitoring & Chem Feed Controls at Holly and Navigation pump stations Q 10 Document current Standard Operating Procedures for Free Chlorine Conversions. 11 Review and possibly accelerate construction of new Elevated Storage Tanks 12 Produce Localized Chlorine conversions (burn) Protocols 13 Evaluate tank mixing (and inlet/outlet locations) to minimize short circuiting 14 Verify Tank Maintenance Schedule for tanks 3 Questions? AGENDA MEMORANDUM City Council Meeting of June 14th 2016 DATE: June 7, 20166 TO: Margie Rose, Acting City Manager FROM: E. Jay Ellington, Interim Assistant City Manager Jayell@cctexas.com (361) 826 3898 Discussion / Direction — Vehicle for Hire / Taxi Ordinance STAFF PRESENTER(S): Name 1. E. Jay Ellington 2. William Breedlove 3. Joseph "Buck" Brice Title/Position Interim Assistant City Manager Captain Assistant City Attorney Department Executive Offices Police Department City Attorney's Office OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. BACKGROUND: On May 10th 2016 City Council passed ordinance #030788 which provides regulations for Transportation Network Companies to operate in Corpus Christi. To ensure the competitive equity of Taxi Cab Companies operating in Corpus Christi, City Council directed City Staff to bring forward the Vehicle for Hire Ordinance for revision. LIST OF SUPPORTING DOCUMENTS: Presentation — Vehicle for Hire / Taxi Ordinance Draft Overview Taxicab Ordinance with City Council Direction Explanation of Draft Overview Items Remaining for Discussion City of Corpus Christi Vehicle for Hire / Taxi Ordinance Discover, Discuss & Decide Process June 14th , 2016 June 14 Timeline Council VFH Questions from 5.17.16 Comments from Taxi Cab Company Focus Group Comments from Airport Board Ch. 9 Chapter 9 Airport Vehicle for Hire Regulations Taxi Ordinance Clarification 21 1st Reading — Airport Ordinance Ch. 9 1st Reading — Taxi Ordinance Ch. 57 July 12 2nd Reading — Airport Ordinance Ch. 9 2nd Reading — Taxi Ordinance Ch. 57 Council Questions Council Questions: Costs associated with removing City Taxi Vehicle Inspections The loss of Taxi Inspection Revenues are projected to total $1,020 per year. That loss could likely be made up with the 2% gross from the TNC's. If the Taxi Inspector is no longer required to inspect vehicles, it is suggested that we add the wrecker companies into his area of responsibility, and change the position title to vehicle for Hire Inspector. We currently have a Police Officer who handles the wrecker companies as an added responsibility. Taxi Street Operating Fee Taxi Late Payment Fee Taxi Inspection Fee •Taxi Application Fee R tie Loss Revenue: Taxicab Franchises LS' Limosine Street Operating Fee Limosine Late Payment Fee Qcac70x• Limosine Inspection Fee Limosine Application Fee Discovery Additional comments made by Taxi Companies The Taxi Companies recommended the following: • Operating Fees — 2% gross is more than any Taxi Company currently pays to operate in Corpus Christi. • Fare Rates —Taxi Companies discussed the idea of charging flat rates. The City Taxi Inspector created a map of potential city zones which would be reflected on a placard Discovery —Zones & Placard Flat Rate Zones 1. Island 2. Flour Bluff 3. Southside 4. Central 5. Downtown 6. Airport 7. Calallen Mock Placard RATES F5Lei mune Total Fare $5 Meeireese Fere eer Zen e 010 52 50 Ing/e/ Fare SILL Per 1151011e a 52 50 eaeh additional mile 405 Per Minute. 5$15L Tane 524 per hear 51 00 Per Md1tional Passenger eve, 2 pesson $1.00 Late See, tee tern - 5 am $10 00 SIIII]tccilfl Calegen 01 150 lelsea ISeees 1 1,1.1 Prr 1 1511Aco,s Rd I ES Bluff- 515,, 551LI15rea 51 South 05o Bay,' O Centre, Esn2i0$15c515cclInM 511spe teerth OnInncc111ns.00bndr1ininIIdJ5 WA We glArpe0 1101h Pad 0515 CiOrncoO 04 51.10,11e0 Ce1ellen OcInn —Additional stops subject to additional sone charges Complaints About Our Service or Tanis please call 1520-35555 Decide — Clarification Taxi Ordinance Chapter 57 COMPANY VEHICLE Certificate of Operation Fee Sec.57-31 Certificate Term Sec.57-35 Street Rental Fee Sec.57-36 Vehicle Inspection Fee Sec.57-76 Vehicle Inspection Sec.57-80 Initial Direction from Council None 1 Year 2% None None Clarification $250 5 Years $100 per Car per Quarter $15.00 Required for both TNC & Taxi Final Direction Discovery Comments Made by the Airport Board on May 18th 2016 Regarding Chapter 9 The Airport Board is recommending the following: Taxi Cabs who operate in the commercial lane continue to pay the $50 per month permit fee, or, pay the $2 trip charge for un -permitted Taxi Cab's who use the commercial lane. TNC's who provide "pre -arranged" pick ups will also pay the $2 per trip charge for use of the curbside. Board permit fee review after the first year of operation. Direction —Airport Taxi Ordinance Chapter 9 1 2 3 4 5 6 Council Direction Airport 1 2 3 4 5 6 Compliance with Airport Regulations Use/Operation Location Permit / Agreement Permit / Agreement Fees Required Other Other Corpus Christi TNC 5.10.2016 Yes Not Currently Established Not Currently Established Not Currently Established na na Corpus Christi Chapter 9 3.28.2006 Yes Commercial Lane AVI or ABT Tag Sec. 9-61 $50 per month; $2 per pickup na na Taxi Focus Group Recommendations N Comment commercial lane and curbside m comme be reserved for Taxi Cab Use only - TNCs in Parking Lot Airport to issue a// taxis an Automated Vehic% Identification (AVI) Tag to Rep/ace paper permit Airport permits Ai t !s fees to be reduced by B3^/o and paid on annus/basis on/y Air t to to signs listing Airport post g g a// City Taxi Cab phone numbers at no charge Ability to Pay for Permits with Credit Card, or Online Airport Board Recommendations Y Commercia/ Lane: Tax/ Vehicles Require Permit for Commercial Lane Un -Permitted Tax/Vehic/es Ru/es for Commercial Lane Use TNC Curbside Use With AirportAgreement Permitted Tax/ - $50 Monthly Board does not recommend the airport postsigns/ist'ng taxi cab companies and phone numbers inside the terminal Board recommends that Airport work toward setting up permit process on /ine: payment and ham copy permit per Vehicle Unpermitted Taxi - $2 per Permitted &Un -Permitted Taxi's Curbside: Pickup TNC -$2 per Pickup TNC 1 2 3 4 5 6 Council Direction Questions Questions for Staff Regarding Any Topics Covered? Next Steps June 21 1st Reading — Airport Ordinance Ch. 9 1st Reading — Taxi Ordinance Ch. 57 July 12 2nd Reading — Airport Ordinance Ch. 9 2nd Reading — Taxi Ordinance Ch. 57 ARTICLE II. — TAXICABS DIVISION 1. - GENERALLY Sec. 57-20. - Definitions. The following terms, as used in this article, article III, and article IIIA, shall have the meanings respectively ascribed to them: Business days: The official working days of the City of Corpus Christi not including weekends or public holidays. Certificate: A certificate authorizing taxicab or vehicle for hire service in the City of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab or vehicle for hire, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free-will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Mobile data terminal or MDT: A computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner: Any person, firm, corporation, association, partnership or society who holds a valid and current certificate and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one (1) or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab: Every automobile or motor -propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include Transportation Network Vehicles or Limousines. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under 1 any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter: A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Vehicle for hire: Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans, motor coaches, limousines, classic vehicles, luxury vehicles, horse-drawn carriages and pedicabs. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57-21. - Enforcement and administration—Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for taxicabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57-22. - Same—Police assistance. 2 The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. Sec. 57-23. - Taxicab inspector—Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57-24. - Same—Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire; inspect the taxicab and vehicles for hire vehicles within the city; enforcement of city ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57-25. - Same—Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be 3 suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57-26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire service, a holder shall comply with the terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate. (b) Driver. While on duty, all drivers shall comply with this article, regulations established under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. Sec. 57-27. - Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab or vehicle for hire if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate authorizing the holder to operate a taxicab or vehicle for hire service within the city. 4 Sec. 57 28. Contract driver. the contract; and two way communication system, taximeter, top light or flag • - -- • - . . ..•e hire and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article II, Taxicabs; Division 4, Vehicics; Division 5, Drivers; B+woion 6, Taximeters, Fares; and (4) Provides that failure to comply with any requirements of the City Code by the driver will constitute a breach of contract with the certificate holder (b) The contract between a holder and driver must be consistent with Sec. 57-29. - Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or 5 b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. Been convicted for violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; g. or Failed to pay the street—use is e Certificate of operation fee at the time it is due. (2) Every suspension or revocation of the certificate shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) business days after the date of such notice appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fifteen (15) business days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. (5) Reinstatement. After suspension of a permit, a holder may file with the city manager or his designee a written request for reinstatement. The taxicab inspector shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has 6 been corrected by the holder. After inspection, the taxicab inspector shall submit his recommendation together with supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57-30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57-31. - Certificate application—Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrcfundablc filing fcc of two hundred fifty dollars ($250.00) to covcr IN a A e-e IMP M. this article. and accompanied by a nonrefundable filing fee of two hundred fifty dollars ($250.00) to cover administrative costs and c-cects of Sec. 57-32. - Same—Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten (10) per cent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or, at the time of judgment, had a ten (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of taxicabs proposed to be operated by the applicant. one (1). (6) Location of proposed base of operations within the Corpus Christi (7) The col "era insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each taxicab the applicant expects to use in its operation. (9) Proof that he has in effect required insurance covering operations under the certificate. (10) The public telephone number to be used by the public to request service. (11) A description of the dispatch system to communicate requests from prospective passengers to the taxicab driver. ( 12 ) •_ .. - . month period under section 57 36. 8 Sec. 57-33. - Same—Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the applicant has complied with the provisions of this article. The matter of determining whether the applicant has complied with the provisions of this article may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 57-34. - Reserved. Sec. 57-35. - Same—Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city manager or his designee that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) of 1 5 year from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the year term. The applicant shall be notified of such recommendation. Sec. 57 36. Taxicab street use fee. maximum number of vehicles shall be no lower than five (5). • • upon written requcst to the city manager or his dcsigncc, apply to incrcasc or dccr osc prospcctivcly the maximum numbcr of vchicics 9 authorized to be operated during the following consecutive twclvc (c) The number of vehicles in service by a certificate holder shall not ceed the maximum number of vehicics authorized to be operated uin dr e scs-guar cer te. before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. A twenty (20) per cent late fee shall be applied to any street use fee submitted past the established dcadlincs. e••e herein or shall willfully filc any false statements, the same shall be Sec 57 — 36 — Certificate of operation fee (a) The fee imposed for a Certificate issued pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each taxi operated for the Certificate holder. (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) The initial payment shall cover the period beginning from the date the certificate was issued to the Certificate holder.. Upon the submission of each quarterly payment, the Certificate holder shall file with the taxicab inspector a financial report itemizing the components of the Certificate holder.'s gross receipts for the payment period. All Certificate holders shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. 10 (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. Sec. 57-36. - Taxicab street use Certificate of operation fee. (a) Each owner holding a certificate to operate a taxicab upon the streets within the city shall pay the city each three-month period as a taxicab street use Certificate of operation fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate. For the purpose of calculating the taxicab street use Certificate of operation fee, the maximum number of vehicles shall be no lower than five (5). (b) Notwithstanding the provisions of section 57-35 a certificate holder may, upon written request to the city manager or his designee, apply to increase or decrease prospectively the maximum number of vehicles authorized to be operated during the following consecutive twelve- month period of the remaining term of the current certificate. (c) The number of vehicles in service by a certificate holder shall not exceed the maximum number of vehicles authorized to be operated under such certificate. (d) The annual street use Certificate of operation fee shall be paid in four (4) payments as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. A twenty (20) per cent a •• -e -_ established deadlines. (e) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension or revocation of the certificate authorizing the holder to operate a taxicab service within the city. 11 Sec. 57-37. - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for and pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twcnty (20) per ccnt latc fcc when or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. . e_ Sec. 57-38. - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57-39. - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. Sec. 57-40. - Responsibility of each person in engaging a taxicab or vehicle for hire. 12 By taking any action in connection with this article II, article III and article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57-41-57-55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57-56. - Liability insurance—Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of auto liability insurance with a company duly authorized to do business in the State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($100,000.00) for injuries or deaths in any one (1) occurrence; and not less than twenty-five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence; Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the risk manager shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17-19 of this Code of Ordinances. 13 Sec. 57-57. - Same—Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57-58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. Secs. 57-59-57-74. - Reserved. DIVISION 4. - VEHICLES Sec. 57-75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposcs, an employee of the company may city streets with the off duty sign on the dashboard. Sec. 57-76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a 14 taxicab. fiftccn dollars ($15.00) per vchicic to bc liccnscd. Prior to the issuance of a license for a taxicab, the vehicle to determine certificate holder must provide documentation demonstrating that it the vehicle complies with the requirements of this article and the regulations promulgated pursuant thereto. In the event a MP MP MP IMP e - e_ e - business days to remedy any defects and submit the vehicle for . • .__ . -. . • fee. After the ten (10) business day reinspection period has lapsed, an additional fiftccn dollar ($15.00) inspcction fcc per vchicic to bc liccnscd will bc applie Sec. 57-77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57-78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57-79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with 15 the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57-80. - Inspections—Generally. windshield stating the datc and that the vehicle was approved by the remedied. After the owner of such vehicle has remedied the defect, he shall remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed an additional fifteen dollar 1 1 0 . . . contained herein, however, shall prevent the taxicab inspector from dcfcctivc, unsafc or unacccptablc condition, he shall rcmovc the inspcction 16 (a) A taxi must have a valid State of Texas registration sticker. (b) An offense under this section shall be punishable by a fine of not less than $250.00, nor more than the maximum amount established by law, for each violation.. Sec. 57 81. Same—Right of appeal from decision of inspector. -e = defective condition and ordcr its use as a taxicab or vehicle for hire appeal is taken from the decision of the taxicab inspector in the timc as 57-82. - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article, except for inspection and maintenance purposes as prescribed in section 57 75. Sec. 57-83. - Identification on taxicabs. 17 Every taxicab shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a taxi. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular Certificate holder. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Certificate holders shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A taxi shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Sec. 57 84. Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of cach .. • - - /11• - • - •- device that may easily be seen by people on the street or sidewalks in the Sec. 57-85. - Dispatch communication system. 18 service from the public using the business telephone number of the which render the taxicab unable to respond to such requcsts for service. Cell phoncs are prohibited for the use of receiving requcst for a •• - - - .. a u ._ prohibited with a passenger in the vehicle. (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Sec. 57-86. - Taxicab stands—Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Sec. 57 87. Condition of taxicab and vehicles for hire vehicles. are met: (a) Operational condition: limited to a current state inspection stickcr, and current firc e (2) Shall be free of cxccssivc visible exhaust, cxccssivc engine limited to the brake system, transmission system, ignition 19 (b) Exterior condition: (1) The body and trim shall be intact, not have excessive dents or - A. - an insurancc claim thc vchicic may be drivcn as long as thc - - • - • - • - A. - - - • - &&&&&& operation of the vehicle. (2) The exterior paint shall be free of rust, flaked or scraped arcas. (3) The windshield shall be free of cracked glass. (c) Interior condition: (1) The interior shall be free of dust, dirt, rubbish, and be otherwise clean and sanitary A. . 00 Ilk shall be repaired of all rips, tcars, and worn arcas on the cover material. (4) The interior trunk shall be cican, sanitary, and free of debris. Sec. 57-88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) 7 years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than 10 years old, as calculated above, may be used as taxicab vehicle. Exceptions: al No vehicles modified with specialized access equipment to service persons with disabilities which are more than fifteen (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must pass an annual physical and mechanical inspection at a location to be designated by the taxi inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must be approved by the taxi inspector. 20 (2) Vehicles registered as "Classic" which have valid State of Texas registration sticker. Classic vehicles must be approved by the taxi inspector. Secs. 57-89-57-95. - Reserved. DIVISION 5. - DRIVERS Sec. 57-96. Taxicab or vehicle for hire driver's permit required; permit fee. (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a tear vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspcction purposcs under section 57 (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable fifty dollars ($50.00) and shall be paid at the time the permit application is filed with the taxicab inspector. The fee for a replacement permit is twenty dollars ($20.00). Sec. 57-97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is contracted with. 21 (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and four (4) current passport photos of applicant. Taxi inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony or misdemeanor and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (8) The number and date of issuance of applicant's Texas Class A, B or C license. grantcd whilc pcnding satisfaction of subscctions (a)(7) and (a)(9) 22 above. A temporary permit will only be granted to those applicants Sec. 57-98. - Decision of taxicab inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) The nature and seriousness of the crime; (2) The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a. Theft and other crimes of dishonesty, b. Assaultive crimes, c. Solicitation of prostitution, d. Sexual abuse crimes, e. Crimes of alcohol or drug abuse, f. Traffic offenses; (3) The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; (4) The extent and nature of the past criminal activity; 23 (5) The age of the applicant when the crime was committed; (6) The amount of time elapsed since the applicant's last criminal activity; (7) The conduct and work activity of the person prior to and following the criminal activity; (8) Evidence of rehabilitation efforts; (9) Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (10) Taxicab inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of driver's permit and any arrests, charges or convictions of violations of the taxicab code under chapter 57 of the Municipal Code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (d) Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to 24 be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate. Sec. 57 99. City's geography test required. inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's Sec. 57-100. - Identification cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) 1 identification card , one (1) of which shall contain the full view photograph of the applicant; and police identification number, aria runner, sucn card mall read. "TO THE PASSENGER OF THIS CAB: If thc dcscription of thc driver of The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and A AA Alk IMP MP e• will be required to purchase a container to receive this card, which • - - • _-- /11 • a • - or Mk size will be issued which shall contain the photograph, full description, or worn with a clip on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the city. 25 Sec. 57-101. - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than fifteen (15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his designee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57-102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective 26 certificate holder, the driver should be contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57-103. - Duration and renewal of driver's permit. The taxicab or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty-four (24) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57-97(a)(1)—(6), (8) and (9); shall have shown proof of satisfactory completion of a certified defensive driving course within the two-year period immediately prior to the application for renewal; has provided a medical certificate dated within the past forty-eight (48) months that meets the medical requirements of section 57-97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of section 57-103 and any violations of this article, article III or IIIA shall be taken into consideration before a approval of a renewal application is granted. Sec. 57-104. - Suspension or revocation of taxicabs or vehicle for hire driver's permit. Any taxicab or vehicle for hire driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division, article III or article IIIA. Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided, however, that the 27 person whose permit has been suspended or revoked may, within five (5) business days after the date of sending such notice, appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fifteen (15) business days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. Sec. 57 105. Neat and clean appearance of drivers. contractual agreement with said holder to comply with the following: (1) All male drivers shall wear full length pants or shorts commonly - - • a regular length skirts, blouses, socks or stockings and closed toed shocs. (4) All drivcrs shall maintain proper personal hygicnc, i.c., be shavcn or have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. _.. SA 105(c). .• __. (3) Halters or tube tops. (4) Shirts with tails worn outside pants. Al AM A mor Mr II Mr thcy mcct the bclow rcquircmcnts: 28 A Ai (3) Contain no languagc or imagcs that could be offcnsivc to othcrs. (4) Each specific style of tee shirt has been approved by the taxi inspector, to insure professional appcarance standards. driver's permit. - - • a • - Sec. 57-106. - Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty -four- hour period. Sec. 57-107. - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs prescribed to the driver that may affect his ability to drive and those illegal smoking products and related paraphernalia outlined in section 33-124 of the City Code. If a cab company requests random drug/alcohol test of an contract driver or requests drug/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of driver's permit. If a cab company requests random drug/alcohol test of an contract driver or requests drug/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of driver's permit. 29 Sec. 57-108. - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57-109. - Most direct route to be used. Any driver of a taxicab contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 110. Delivery of articles left in taxicabs to police. Sec. 57-111. - Parking restrictions. No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57-112. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. 30 Sec. 57-113. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 57-114. - Aiding prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitution bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder may be grounds for suspension or revocation of the certificate holder's certificate or the permitted driver's permit or both. Sec. 57 115. Off duty status of taxicabs. sufficient thickness to not easily bend. 31 Secs. 57-116-57-126. - Reserved. DIVISION 6. - TAXIMETERS; FARES Sec. 57-127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57 128. Taximeters required. It shall be unlawful for any owner operating any taxicab under the taximeter. Sec. 57-129. - Taximeter flag—Equipment in connection therewith. Each taximeter must be furnished with a tamperproof switch and other company. Sec. 57-130. - Same—False display. 32 Sec. 57 131. Testing, inspection and approval of taximeter. taximeter which has not been duly tcsted, inspected and approved as required by this articic, and it shall be unlawful to change the size of the provided in section 57 2/1. Sec. 57-132. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sitting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 57-133. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57-134. - Type and design of taximeter. 33 No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. Sec. 57-135. - Fares—Amounts. city limits of the City of Corpus Christi for one (1) or more persons, not exceeding seven (7) persons, of two dollars and fifty cents ($2.50) for the first one fifth (1/5) mile or less, and an additional charge for each - - • a - • - .. - • -• - retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Under 3.50 3.50 3.75 3.76 4.00 /1.25 '1.26—/1.50 thereof $0.50 0.55 0.60 0.65 0.70 a • a • The price of one (1) gallon of regular gasoline sold within the City of - .. . - - .e. • 34 reported by AAA at www.fuelgaugereport.com. Such price will be For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be twenty four dollars ($2/1.00). • - - - - - . - _ • _ • • .. .. charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fa-rcs may include a one dollar ($1.00) surcharge per fare collected from one (1) or more persons not to exceed scvcn (7) persons. For customers wishing to use a credit card a one dollar ($1.00) while the taxicab is employed regardlcss of whether a metered ratc, a intersection, there will be a ten dollar ($10.00) minimum fare allowed. (a) Metered Rate. Prior to charging a metered rate for a taxicab fare originating and ending within the city limits of the City of Corpus Christi, metered rates must be filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. The metered rate filed with the taxi inspector shall establish the maximum amount to be charged for the first one-fifth (1/5) mile or less, and an additional charge for each succeeding one-fifth (1/5) mile or fraction thereof. Such rate may include a minimum charge and drop fee, if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. An hour waiting time or traffic delay time may be charged if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. 35 A minimum fare may be established for taxi fares originating in the area east of the Intercoastal Causeway Bridge on Interstate 358 or west of the Clarkwood Road and Interstate 37 intersection, if such fee has been filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. (b) Minute Rate - Where a metered or flat rate is not charged, an alternative minute rate may be imposed. Prior to charging a minute rate for a taxicab fare originating and ending within the city limits of the City of Corpus Christi, minute rates must be filed by the certificate holder with the taxi inspector and clearly posted in the taxicab. The metered rate filed with the taxi inspector shall establish the maximum amount to be charged per minute. (c) Flat Rate — Where a metered or minute rate is not charged, an alternative flat rate for taxicab fares may be imposed for trips originating and ending within geographic zones I through VIII of the Corpus Christi Flat Rate Zone Map. The alterative flat rate can be increased per zone crossed for trips originating and ending in a different zone. To impose an alternative flat rate, a flat rate fee schedule must be filed by the certificate holder with the taxi inspector. Additionally, a copy of the Corpus Christi Flat Rate Zone Map must be posted in the taxicab along with the flat fee rate schedule. A copy of the Corpus Christi Flat Rate Zone Map may be provided by the taxi inspector and shall remain on file for public inspection in the office of the city secretary. Zone Corpus Christi Flat Rate Zones Island II Flour Bluff III Southside IV Central V Downtown VI Airport 36 VII CalaIlen (d) A cancelation fee may be charged where a passenger cancels after booking, if such fee has been filed by the certificate holder with the taxi inspector and posted on the website used by the certificate holder and communicated to the passenger at booking. Sec. 57-136. - Same—Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prcscribcd by the council. filed with the taxi inspector. All fares filed with the taxicab office must be posted in the taxicab. Sec. 57-137. - Same—Refusal to convey; refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passenger's disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the fare. Sec. 57-138. - Same—Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and 37 any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a misdemeanor. Sec. 57-139. - Same—Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57-140. - Same—Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. 38 ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57-164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur -driven ehicle limousine of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. 211 Limousine means (1) A seaan-type luxury motor vehicle with a passenger capacity of five or six persons (including the driver), which vehicle is either less than or equal to seven years of age; (2) An extended -body type motor vehicle with a passenger capacity of no more than 15 persons (including the driver), which is modified to extend its original factory wheelbase by 40 inches or more in conformity with Federal Motor Vehicle Safety Standard requirements (3) A vehicle that is classified in the United States Environmental Protection Agency's annual Fuel Economy Guide as a sport utility vehicle that: (i) has a passenger capacity of not less than five persons nor more than nine persons, including the driver; (ii) has a manufacturer's suggested base retail selling price of not less than $37,600.00, adjusted annually based upon Consumer Price Index (CPI -U), All Urban Consumers, U.S. City Average, New Trucks, as published by the U.S. Department of Labor, excluding the cost of any manufacturer installed options or of any modifications or conversions that were made by other persons following the original assembly of the vehicle by the manufacturer. The adjustment shall be based upon the not seasonally adjusted data for the month of August and shall be 39 effective November 1st; and (iii) is either less than or equal to seven years of age; (4) A passenger van with a passenger capacity of nine to 15 persons (including the driver), which vehicle is less than or equal to ten years of age. transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse-drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57-165. - Operator permit — Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57-166. - Same—Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such 40 application shall contain the name, address and telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of two hundred fifty dollars ($250.00). (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holder's or owner's insurance without an approved replacement policy in place at the time cancellation automatically suspends the operations of the vehicle for hire company. (d) The taxicab inspector shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once a year for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection 41 at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57-80. The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. Sec. 57-167. Charge for regulation and use of streets Permit Fee; payments. (a) In addition to all other charges and payments, each person maintaining and operating a limousine or sightseeing service as described herein shall pay to the city each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a street use permit fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A late fee of twenty (20) per cent will be applied to late payments made after January 10 and July 10. (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. (d) If a limousine service experience's peak demand periods requiring more vehicles than are designated in its permit agreement or certificate of operation, the holder may request supplemental vehicles by submitting a 42 written application for a supplemental operating permit, along with proof of insurance, which shall state the reason why supplemental vehicles are needed and identify the vehicles to be used. Supplemental vehicles authorized by a supplemental operating permit: (1) Must comply with the vehicle requirements of this chapter; (2) Must comply with the insurance requirements of this chapter; (3) Vehicles that are utilizing a supplemental permit are exempt from any vehicle ownership requirements, but must comply with all other requirements of this chapter; (4) The applicant must pay the supplemental operating permit fee of ten dollars ($10.00) per day in advance of the use of said supplemental permit; (5) A limousine service that utilizes a supplemental vehicle that is not in compliance with section 57-167 of this chapter shall be in violation of section 57-165 of this chapter; (6) A limousine service or the operating permit holder that has been convicted of or it's permit suspended for a violation of section 57- 167(d) shall no longer be authorized the use of supplemental operating permits. Sec. 57-168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five-year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57-169. - Special regulations for horse-drawn carriages. 43 Any sightseeing permit issued pursuant to this article involving the use of horse-drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse- drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse-drawn carriages on the public streets not inconsistent with this section. 44 ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES Sec. 57--281. - Scope. The provisions of this chapter shall not apply to transportation which qualifies as ridesharing. Sec. 57-282. - Definitions. Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle providing transportation for a person; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. Reimbursement for the following is not compensation: (1) Tolls; (2) Vehicle operating costs in an amount that is equal to or less than the most current privately -owned vehicle mileage reimbursement rates established by the U.S. General Services Administration; and (3) Parking costs at the shared destination. Operation of a transportation network vehicle or operating a transportation network vehicle means offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation network service to a passenger. Permit means a transportation network company permit. Ridesharing, when describing conduct, means the travelling of two or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, vanpooling, buspooling, to any location incidental to another purpose of the driver, for which compensation is not accepted, collected, encouraged, promoted, or requested. 45 Transportation network permittee or permittee means the holder of, or a person that is required to hold, a current valid transportation network company permit issued pursuant to this chapter. Transportation network driver means an individual affiliated with a transportation network company transporting passengers for compensation using a transportation network vehicle. Transportation network company or TNC means a person that offers or provides a transportation network service. Transportation network service or service means a prearranged transportation service offered or provided for compensation using an internet-enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone, or other electronic device or unit that indicates the location of the passenger which information is then relayed by electronic, radio, or data communication of any type to a transportation network driver operating a transportation network vehicle. Transportation network vehicle means any private passenger motor vehicle used to provide transportation network services. Specifically excluded from this definition are: (1) Vehicles used in connection with any phase of a funeral or funeral service; (2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles, permitted and licensed by the city; and (3) Vehicles operating under a contract with the city. Vehicle for hire driver's permit means a current and valid vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-283. - Transportation network company permit required. (a) No person shall operate a transportation network company in the city without a permit issued pursuant to this article. (b) It shall be unlawful for any TNC permitted, licensed, or authorized by another jurisdiction to initiate transportation network service within the corporate boundaries of the city without a permit issued pursuant to this article; provided however, a transportation network vehicle operated by a driver affiliated with a TNC permitted, licensed, or authorized by or in 46 another jurisdiction may come into the city to discharge a passenger whose trip originated outside of the city. Sec. 57-284. - Transportation network company permit fee. (a) The fee imposed for a permit issued pursuant to this article shall be in an amount equal to 2% of the annual gross receipts for the operation of each transportation network vehicle operated by each permittee. (b) The fee provided in subsection (a) of this section shall be paid to the city on a quarterly basis on or before the 10th day following the close of the calendar month for which the quarterly payment is calculated. (c) The initial payment shall cover the period beginning from the date the permit was issued to the permittee. Upon the submission of each quarterly payment, the permittee shall file with the taxicab inspector a financial report itemizing the components of the permittee's gross receipts for the payment period. All permittees shall utilize any forms promulgated by the taxicab inspector for the submission of the required financial reports and shall submit the financial reports in accordance with any instructions, rules, or regulations promulgated by the taxicab inspector. (d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to inspect the permittee's records the taxicab inspector deems necessary and appropriate to determine that the permittee is in compliance with the requirements of this section. (e) The fees established in this section shall be payable in addition to any other applicable fees imposed by this Code or other ordinances of the city. Sec. 57-285. - Transportation network permit term. (a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance of their permit shall, at least 30 days prior to the expiration of the permit, file with the taxicab inspector a written application for a renewal of their permit. Except as otherwise expressly stated, renewals shall be subject to the same requirements set forth in this article for issuance of new permits. 47 (b) A permit is specific to the permittee to whom it is issued and may not be transferred or otherwise assigned. Any change of ownership, partnership interests, corporate officer or director as shown on the permit application shall render a permit void, unless an application for an amendment is filed within ten days following the effective date of the change. The taxicab inspector shall promulgate procedures for the processing of amendments and may suspend the permit pending the completion of the processing if any additional person who has acquired an interest in the business is determined to have been convicted of an offense listed in section 57-29 (1)(d) of this Code. (c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the number of transportation network vehicles that may be operated provided that each must be operated pursuant to a permit and in accordance with all applicable requirements of this article. Sec. 57-286. - Transportation network company permit—Application. (a) An application for a permit shall be submitted on forms to be furnished by the taxicab inspector, and the applicant shall furnish the following information with each application, which shall be sworn to before a notary public or conform to minimum state law requirements for unsworn declarations: (1) The name and form of business under which the service will be operated (If a partnership or corporation, a copy of the partnership agreement or articles of incorporation must be attached.); (2) The name, phone number, mailing address, and street address (if different from the mailing address) of the applicant's agent for service of legal process (which information the applicant shall keep current); (3) A schedule showing the model, manufacturer model year date, type, make, vehicle identification number, license plate number, and mileage of each motor vehicle, and a statement as to the legal ownership of each vehicle proposed to be placed into operation as a transportation network vehicle; (4) Proof of current coverage of insurance as required in section 57-288 of this Code; 48 (5) A general description of the means and methodology used to charge passengers for vehicle for hire transportation services rendered; (6) The proposed schedule of fares, rates, or other compensation to be charged by the applicant; and (7) Any additional information as requested by the taxicab inspector. (b) If the applicant is a partnership or association, the partners or associates, or if the applicant is a corporation, each person who is either an officer or director shall be required to join in filing the application and all of the herein set forth provisions and requirements applicable to individual applicants shall apply to and be required of each such partner, associate, officer or director. Failure of any of the persons heretofore mentioned to meet such requirements shall be grounds to deny the application of the partnership, association or corporation. Sec. 57-287. - Transportation network company permit—Qualifications for permit. (a) The taxicab inspector shall initially review each application for the issuance or amendment of a permit to determine whether the application is complete. If not, he shall return the application to the applicant with a statement of deficiencies. (b) The taxicab inspector shall review complete applications to determine whether the applicant has met all applicable requirements of this chapter and Code. In determining whether an applicant is qualified for a permit, or the renewal thereof, the taxicab inspector shall take into consideration whether: (1) The application was filed with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the taxicab inspector shall allow an applicant a reasonable opportunity to correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications; (2) The applicant and its principals are in compliance with the criminal history provisions of section 57-29 (1) (d) of this Code; (3) The applicant is in compliance with all applicable city, State of Texas, and federal laws; and 49 (4) The applicant is in compliance with any other applicable requirement of this Code and other laws. (c) The taxicab inspector shall issue the permit if all applicable requirements of this chapter and Code have been met. If the taxicab inspector approves the permit, issuance shall be subject to compliance with this article, including, but not limited to, payment of any required fees, inspection of vehicles to be utilized, and submission of proof of insurance. A permit does not entitle the permittee to act as the driver of covered vehicles. A separate vehicle for hire driver's permit is required for that purpose as provided in section 57-290 of this Code. (d) Applicants who are determined to be unqualified shall be notified of the grounds asserted for that determination and may make a written demand upon the taxicab inspector for a hearing within ten days of receipt of notice that it is unqualified to receive a permit. The taxicab inspector shall conduct a hearing within 15 business days of receipt of a timely written demand for a hearing. If at such a hearing the applicant establishes through competent evidence that the determination that the applicant was unqualified to receive a permit was based upon incorrect findings, the taxicab inspector shall issue the permit. If at such a hearing the determination was found to have been based upon correct findings, the determination shall become final. Sec. 57-288. - Transportation network company permit—Insurance required. (a) Every permittee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Texas, and city laws, including those articulated in Chapter 1954 of the Texas Insurance Code. Sec. 57-289. - Service charges and fare rates. All permittees shall display their fare rate and provide a fare rate estimator on the website, internet-enabled application, or digital platform used by the permittee to connect drivers and passengers. 50 Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit required. It shall be unlawful for any person to operate a transportation network vehicle without a vehicle for hire driver's permit issued pursuant to division 5 of article II of this chapter. Sec. 57-291. - Transportation network driver hours of operation; duty to transport within the corporate limits. (a) A transportation network driver shall not drive for more than 12 hours in any consecutive 24-hour period and a permittee shall not permit or cause a transportation network driver to drive a transportation network vehicle more than 12 hours in any consecutive 24-hour period. (b) A transportation network driver shall not refuse to transport a person to a requested destination located within the corporate limits of the city. Sec. 57-292. - Transportation network vehicles—Vehicle ownership and standards. (a) No person shall operate or cause to be operated any transportation network vehicle in the city unless and until the vehicle meets all the terms and conditions of this article. (b) No permittee shall own or lease or provide financing for the ownership or leasing of any transportation network vehicle. (c) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless the vehicle: (1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type, and proposed use; and (2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible. (d) No vehicle permitted or subject to a certificate of registration and operated as vehicle for hire pursuant to articles II through V of this chapter shall be operated as a transportation network vehicle. 51 (e) The permittee and the permittee's driver shall be jointly and severally liable if the permittee causes or permits the transportation network driver to use a vehicle that does not meet the requirements for a transportation network vehicle. Sec. 57-293. - Transportation network vehicles—Age and mechanical condition. (a) In addition to the provisions of section 57-294 of this Code, no transportation network driver or permittee shall drive or cause to be driven upon the streets of the city any transportation network vehicle that is more than 7 years old. For purposes of this requirement, a transportation network vehicle will be considered to be 7 years old on July 31st of the 7th year following the manufacturer's model year of the vehicle, regardless of the purchase date or the date it was originally placed into service. (b) A transportation network driver or permittee may drive or cause to be driven, a transportation network vehicle for an additional 3 year period beyond the age limitations described in subsection (a), if the transportation network driver or permittee submits the vehicle for inspection each year at a location authorized and identified by the director prior to the expiration of the permit issued authorizing the operation of the transportation network vehicle. Sec. 57 294. Transportation network vehicles Inspections. (a) Prior to using any transportation network vehicle, and annually thereafter, a permittee or transportation network driver shall have the . - e _. .. maintain complete documentation of such inspections in the vehicic at determine that the transportation network vehicle is in a reasonably good state of repair, cican, and equipped and being operated in compliance with all rcquircmcnts of this articic. Inspcctions shall include, but not be limited to, the following items: 52 (1) Foot brakes; (2) Parking brakes; (3) Stccring mechanism; (4) Windshield; (5) Rear window and other glass; (6) Windshield wipers; (7) Headlights; (8) Tail lights; (10) Stop lights; (12) Doors (opcn, close, lock); (13) Horn; (14) Speedometer; (15) Bumpers; (16) Muffler and exhaust system; (17) Condition of tires, including tread depth; a a A. - •e e- •. (20) Heating, ventilation and air conditioning systems. (b) Upon passing the inspection prescribed in subsection (a) of this section, and displayed at the place on the transportation network vehicle designated by the taxicab inspector. The permittee and the violation of this section. (a) A transportation network vehicle must have a valid State of Texas registration sticker. 53 (b) An offense under this section shall be punishable by a fine of not less than $250.00, nor more than the maximum amount established by law, for each violation.. Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem. (a) In addition to the certification decal issued pursuant to section 57- 294(b) of this Code, a transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being operated as a transportation network vehicle. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular permittee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Permittees shall file an illustration of their distinctive signage with the taxicab inspector for approval. (b) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide vehicle for hire transportation services. The taxicab inspector is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Sec. 57-296. - Transportation network drivers—Additional operating requirements. (a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: (1) To operate a transportation network vehicle within the city while not in possession of a valid Driver License; or (2) To operate, or cause to be operated, a transportation network vehicle that does not meet all the applicable requirements of this chapter. (b) No transportation network driver shall pick up or discharge a passenger on any portion of Corpus Christi International Airport (CCIA) without proper authorization pursuant to chapter 9 of this Code. A transportation 54 network driver carrying a passenger or passengers from CCIA shall pay to the city the airport use fee established from time to time by chapter 9 of this Code. Additionally, no transportation network driver shall pick up or discharge any passenger in any designated taxicab stands or loading zones (c) It shall be unlawful for any permittee or transportation network driver to solicit potential passengers for vehicle for hire services at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or street or any other place in the city, or use any words or gestures that could be construed as soliciting a passenger for vehicle for hire transportation services. (d) It shall be unlawful for a transportation network driver to accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. It shall be unlawful for a transportation network driver to provide his or her direct phone number or email address to passengers or potential passengers to enable requests for service. A TNC shall immediately notify the taxi inspector and provide any evidence in its possession if it obtains actual knowledge of any violation of this subsection. (e) It shall be the duty of each transportation network driver to pull his transportation network vehicle to the curb when loading or unloading passengers. (f) The permittee's internet enabled application or digital platform accessed by potential passengers shall display for the potential passenger: (1) a picture of the transportation network driver and (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the driver's transportation network vehicle. In addition, any permittee shall make any information displayed in the permittee's Internet -enabled application or digital platform also available on such permittee's website. The permittee shall make available on the mobile application and the receipt provided to the passenger, the contact information for the permittee's customer service liaison, including, but not limited to, the liaison's name, phone number, and e-mail address. (h) Any permittee shall clearly disclose, on the permittee's on-line enabled application or digital platform and website, that the permittee is a TNC. Additionally, the disclosure shall state that each permittee is required to maintain insurance policies as specified in section 57-288 of this Code. (g) 55 (i) Any transportation network driver shall provide to any authorized law enforcement officer proof of the insurance policies required by this article in case of an accident involving a transportation network vehicle while operating a transportation network vehicle. (j) Any permittee shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a permittee cannot provide a wheelchair -accessible transportation network vehicle, it shall provide the prospective passenger with for hire transportation services in a manner consistent with section 57-137 of this Code. (k) Any permittee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network drivers, or other person that reports to, or acts as an agent of, the permittee, for any failure to respond to a request for service. All transportation network drivers operating a transportation network vehicle shall at all times: (1) carry proof of the insurance policies required in section 57-288 of this Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or terms of service between the driver and the TNC; and (3) display the certification decal and distinctive signage or emblem required by this article. A transportation network driver shall log onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers immediately upon entering his or her transportation network vehicle with the intent to provide service. (m)Upon request a transportation network driver shall display to the taxicab inspector, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on an electronic device, a transportation network driver is not required to relinquish custody of the device in order to make the required display but must demonstrate to the taxicab inspector or other person authorized to enforce this chapter that the transportation network driver has in his possession proof of that the ride in progress is the result of a prearranged transportation service. (n) Any terms or conditions in the agreement between the permittee and transportation network driver, or between the permittee and any passenger, that would act as a waiver of the permittee's liability to the (1) 56 passenger or to the public, are declared to be contrary to public policy, null, void and unenforceable. 57 Explanation of Draft Overview of Items Remaining for Discussion The Draft Overview includes the taxi, limousine and TNC ordinances with potential future ordinance language. Within the Draft Overview, the language in red is language drafted based on City Council direction. The language in green is language drafted based mostly on Taxi industry recommendations. Pg 1, Sec 57-20 This provision provides the definitions for the article. Staff is recommending clarifying the definition of taxicab to clearly exclude TNC's and limousines from the definition of taxicab. Pg 5, Sec 57-28 This provision establishes requirements in contract between vehicle for hire owner and driver. Taxi industry has requested removal of this provision. Pg 6, Sec 57-29(g); pg 7, Sec 57-31; pg 10 &11 Sec 57-36; pg 12, Sec 57-37 These provisions relate to the certificate of operation fee/street user fee, which cannot exceed 2% of gross revenue per Texas Law. City Council's last direction was to change the certificate of operation fee to 2% gross revenue to mirror the TNC regulations. Further direction was given to meet with Taxi industry to further discuss fees. Taxi industry is requesting the fees remain the same. The current fees for taxi are $250 certificate of operation fee (every 5 years) and $100 per vehicle street user fee (every 3 months). If fees remain the same, Staff is requesting a change in nomenclature for the "street use fee" to "certificate of operation fee". Pg 9, Sec 57-35 This provision establishes the duration of the Certificate of Operation. City's Council last direction was to change from 5 years to 1 year to match TNC's. Taxi industry is requesting the term remain the same at 5 years. Pg 16, Sec 57-80; pg 52, Sec 57-294 These provisions relate to the inspection of vehicles for Taxis and TNCs. City Council's direction was to eliminate taxi vehicle inspections to mirror TNC regulations. Further direction was given to require State vehicle inspection and double fine for failure to have vehicle inspection by vehicle for hire. Adopted TNC ordinance had a vehicle inspection requirement. Drafted language eliminates vehicle inspection and requires State registration for both Taxis and TNCs. Under new State law, vehicles no longer obtain inspection sticker, but require state inspection to get registration sticker. Furthermore, current window fine in Municipal Court for expired registration is $123. The drafted language sets a minimum fine at $250 for both taxis and TNC's failure to have State registration sticker. Pg 20, Sec 57-88 This provision establishes the maximum age of taxicabs. City Council's direction was to increase the age of entry from 6 to 7. Taxi industry requested ability to utilize specialty cars Exception 2 allows vehicles over 25 years of age which have been registered with the State as classic vehicles to be utilized as taxicabs. Classic vehicles require State inspection. Pg 21, Sec 57-96 This provision creates a taxicab and vehicle for hire driver's permit. Taxi industry has requested taxicab license be the same as a vehicle for hire license. Pg 25, Sec 57-100 This provision requires the City to issue 2 taxi driver permit id cards. Staff is requesting to issue only 1 identification card. Pg 28, Sec 57-105 This provision establishes dress code for taxicab drivers During City Council discussions, the possible removal of this provision has been mentioned. Taxi Industry is requesting the removal of this provision. Pg 30, Sec 57-110 This provision provides that lost article be delivered to the Taxi Inspector. Taxicab industry is requesting the removal of this provision. Pg 31, Sec 57-115 This provision requires an off duty sign be posted in taxicabs. Taxicab industry is requesting removal of this provision. Pg 32, Sec 57-128, 129; pg 33, Sec 130, 131; pg 134, Sec 57-35; pg 37 Sec 57-136 These provisions relates to taxi metered fares City Council's last direction was to meet and further discuss with Taxi industry. Taxi industry has requested deregulation of fares. In an effort to protect consumers, Staff has drafted a possible alternative to the current fare regulations. The possible alternative would require taxi companies to file their maximum rate with the City and clearly post in their taxi cab. Taxicabs would be allowed to charge a metered rate, minute rate, or flat rate. Flat rate would be based on flat rate map created by city so consumer would be able to accurately compare fares. Limousines Pg 39, Sec 57-164 Limousine industry has requested the ability to provide black car service Modeled after Houston limousine regulations, the definition of limousine is expanded to allow black car service. Pg 42, Sec 57-167 Limousine industry has requested ability to temporarily increase licensed fleet for high peak demand time such as prom and New Years. Regulation allows for supplement permit for additional vehicles to be used temporarily. Staff is requesting a change in nomenclature for the "street use fee" to "permit fee". AGENDA MEMORANDUM City Council Meeting of June 14, 2016 DATE: TO: THROUGH: THROUGH: June 14, 2016 The Honorable Mayor and Council Members of the City of Corpus Christi Margie C. Rose, Acting City Manager Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 FROM: William M. Uhlarik, Assistant Director of Public Health Williamu2@cctexas.com 361-826-1348 Public Health District Response to ZIKA STAFF PRESENTER(S): Name 1. Annette Rodriguez, MPH 2. William W. Burgin, MD 3. Dante Gonzalez, PhD BACKGROUND: Title/Position Department Director of Public Health Health Local Health Authority Health Public Health Administrator Health The City of Corpus Christi Council has requested the Health District to update them on the current status of the Zika Virus outbreak and the Health District's plans for responding to it. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Corpus Christi-Nueces County Public Health District Response to ZIKA Public Health Prevent. Promote. Protect. CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT RESPONSE TO ZI KA Annette Rodriguez, MPH William Burgin Jr, MD Dante Gonzalez, PhD Council Presentation June 14, 2016 Zika Virus Public Health Prevent. Promote. Protect. Primarily spread to humans through the bite of an Aedes aegypti/albopictus mosquito infected with Zika virus Infected mosquitos can spread the Zika virus by biting a human Reported to spread through sexual contact Zika Symptoms Public Health Prevent. Promote. Protect. Symptoms Conjunctivitis Joint pain Fever • Rash Most common symptoms of Zika are mild: Fever Rash Joint pain Conjunctivitis (red eyes) Muscle pains Headaches Diagnosis and testing for Zika is based on: Recent travel history Symptoms Results of blood tests SIli TRml4d R ercnin9 Zlh# VIAE a tit 99 N4.0 C0C *dB Ar Will NOM 4ICIN-151,111*1PdlIE77Y�d1611 Zika Virus Cases Public Health Prevent. Promote. Protect. Texas has had 40+ confirmed cases of Zika virus disease 40 were in travelers infected abroad and diagnosed after returning home 1 case involved a Dallas County resident who had sexual contact with someone who acquired the Zika infection while traveling abroad Case counts by county: Bexar — 6 Grayson —1 Collin —1 Harris— 13 Dallas — 6 Ellis —1 Denton — 2 Tarrant — 4 Fort Bend — 2 Travis — 2 Wise —1 Val Verde —1 Williamson —1 Nueces — 0 Zika Effects on Pregnancy Baby with Typical Head Size Baby with Microcephaly Typical held site Zika in pregnancies may cause: Public Health Prevent. Promote. Protect. Microcephaly - Birth defect in which a baby's head is smaller than expected when compared to babies of the same sex and age Infection will not affect future pregnancies Zika Treatments Public Health Prevent. Promote. Protect. There are no vaccines for Zika virus Compassion Therapy Treat symptoms not the disease Zika Prevention Pubnt.lic Health ero�orro�aoto. rrotoot. During the first week of illness, Zika virus can be found in blood If a mosquito bites the person, it becomes infected and can pass the infection to others Protect yourself from mosquito bites: "Don't Give Zika a Biting Chance" City Vector Control: Respose to Detection of Zika, Dengue, Yellow Fever and Chickungunya Viruses Public Health Prevent. Promote. Protect. The response to these viruses will be based upon the method of detection: 1. Human host arriving from area known to have outbreak of virus with confirmation through medical facility and Nueces County Health Department 2. Confirmation through surveillance, collection and testing of Ae. aegypti or Ae. albopictus mosquito. Human host with confirmation of virus: • Set up surveillance within one block radius of host house using the BG Sentinel traps and monitor for two consecutive weeks. • Go door to door, in surrounding two block radius, disseminating Vector Pamphlets on Arborvirus prevention. • Seek permission to inspect yards for standing water and treat with larvacide. Confirmation through collection and testing: • Set up surveillance within one block radius of detection site using BG Sentinel traps and continue to monitor for two consecutive weeks. • Go door to door, in surrounding two block radius, disseminating Vector pamphlets on Arbovirus prevention. • Seek permission to inspect yards and treat with larvacide. • Spray three consecutive evenings with Envion in 1/2mile radius of detection site. Health District Efforts Public Health Prevent. Promote. Protect. Working with partners to: Educate healthcare providers and the public about Zika Disseminate travel notices and other travel -related guidance through social media, etc. Train Health District & Hospital staff on Zika signs and symptoms Passive Surveillance; Monitor and report cases Active Surveillance; Support mosquito control efforts working with city and county Vector Control Programs (syndromic surveillance) Provide guidance on sample submission for diagnostic tests Create & Update plans to improve Zika preparedness Health District Efforts Public Health Present. Promote. Proteet. Coastal Bend Medicine J A PUBLICATION OF THE NUECES COUNTY MEDICAL SOCIETY MARCKFAPRIL ]016 • Mosquito Zoonosis in Texas - 2016 Prevention is Key In the Battle Against Mosquito Berne Diseases Why EMR is Hurting the Quality of Medicine FEATURE ARTICLE PREVENTION IS KEY IN THE BATTLE AGAINST MOSQUITO BORNE -DISEASES By Dante Gonzales, MID Public Health Adm,nisbator - Protection Division Corpus Christi-Nueces County nubile Health District One ofMeprlonties oft Health Dlstlet Is to develop NDB re make any Isypothesu nI the bme.l1 wasn't untll strategies that x111 assist M maintaining a healthy rain tweedy where it was observed that during periods of enmity The best parable meehantge to etcomplwh this Zika Disease outbreak. to Brazil there were also naval - goal u to edoeate and preside uprn--date infonnWan to lel increased numbers of mierocephaly diagonal,. Micro the community on prevention. U the public is educated cephaly is a b'erh defect Mar ousels Me development of on how to prevent diseases by proactively reducing Me the brain at the feral stage or fallowing WWI and could risk ofococIten and infection tbenthe HuaIM ISKirt lead to seizures, developmental Whys, intellectual Wa- llas done anJob. So far, triennial DLf ict In coaabpre- abltines, motor skill problem., hearing loss. and vision Mer agencies, hive donenncJab of preventing problem. Corpus Christi-Nueces County Public Health District presents ZIKR Fair r Mosquito season in Nueces County s right around the corner. Staying Informed about Zika is the first step towards prevention. Came learn mare about the Zika Virus and other high consequence pregnancy risk factors. Free Diabetes and There will be information on Blood Pressure Hand washing DWI Smoking classes screenings! Pre Natal Care Women Infant & Children's Program Food Safety Is Zika transmitted sexually Immunizations Women's Health Senoices Nurse Family Partnership Vector Control Health Education Moscato Cite Prevention Friday, March 25, 2016 9 a.m. to 3 p.m. 1702 Horne Road PablicH.etut Twitter: @ccpublichealth Facebook: www.facebook.com/ccpublichealth Health District: http://www.cctexas.com/government/health-district/index Health District Recommends: Reducing the risk of exposure Public Health Prevent. Promote. Protect. 1) Avoid travelling to countries with Zika outbreaks 2) Keep mosquitos outside 3) Get rid of standing water 4) Create a barrier between you and mosquitos -Insect repellent containing DEET, Picardin, Etc. 5) Protect pregnant females, partners, and babies uestions Public Health Prevent. Promote. Protect. You can always reach the Health District Zika Hotline and Up-to-date information: 361-826-7204 Twitter: @ccpublichealth Facebook: www.facebook.com/ccpublichealth Health District: http://www.cctexas.corn/government/health-district/index AGENDA MEMORANDUM for the City Council Meeting of June 14, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 15, 2016 FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Foresight Golf STAFF PRESENTER(S): Name Title/Position 1. Stacie Talbert Anaya Interim Director 2. 3. OUTSIDE PRESENTER(S): Department Parks & Recreation Name Title/Position Organization 1. Dan Pedrotti CEO Foresight Golf 2. Ed Miller COO Foresight Golf 3. BACKGROUND: In 2011 the City of Corpus Christi Parks & Recreation Department entered into a lease agreement with Foresight Golf to manage the city's two golf courses. This has been a successful partnership for the City of Corpus Christi as Foresight has increased the playability and overall quality of the golfing experience at both courses. In addition, Foresight assumes liability for operational costs and shares revenue with the City helping to re-establish the Golf Fund as an enterprise. Utilizing funds from the Golf Surcharge fee, Foresight has made strategic improvements to the courses in order to increase/stabilize revenues. This is the annual presentation made by the Parks and Recreation Department and Foresight Golf on the operations and maintenance of the courses, as well as plans for future improvements and programming strategies. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation Golf Course Annual Update to City Council CORPUS CHRISTI PARKS& FaLciAL"/ ION Council Presentation June 14, 2016 Lease Timeline CORPUS CHRISTI PARKS. • Management Agreement November 2010 — January 2011 • Lease Agreement began February 2011 • Lease Agreement (2011-2021) • Completed Fifth Full Year Financial Highlights • 2015 Rounds of Golf: 71,640 (2014: 72,305) > Oso Beach: 35,697 > Lozano: 35,943 > National Average for a Public Course: 33,000 • Net Operating Profit: $144,735 • City Share of NO1: $72,367.50 Financial Review CORPUS CHRISTI PARKS. Year 2014 2015 Difference Revenue $2,454,726 $2,430,554 ($24,172) Expenditures $2,339,261 $2,285,819 ($53,442) Net Operating Profit $ 115,465 $144,735 $29,270 City Share of NOI - Rent $57,733 $72,368 $14,635 Great Course Conditions „al CORPUS CHRISTI PARKS. RECREATION Lozano — Hole #17, #12, #6 Oso Beach — Hole #1, #13 #12 2016 Customer Satisfaction Survey Results Oso Beach — 94.1% Good or Excellent Lozano — 93.2% Good or Excellent Overall — 93.65% Good or Excellent Up from 2015 - Oso Beach — 94.3% Lozano — 91.5% Overall — 93.1% Good or Excellent 2015 Recap CORPUS CHRISTI PARKS. Financial • Net Operating Income Share - $144,735 • Course revenues were again affected by inclement weather • Revenue per round $35.87 was up slightly from $35.43 Rounds of Golf - 71,640 • Days with 0 rounds sold: Oso Beach - 24, Lozano Golf Center - 26 • Additional Days with less than 50 paid rounds: Oso — 38, Lozano - 46 • Daily average for number of paid rounds: 99 per course • Improved Course and Facility Conditions • Completed renovation/addition of new tees for the addition of a 5th set of tees at Lozano. New Course Yardage: Black — 7,027, Forest — 6609, Blue - 6,002, Stone — 5,387, and Copper — 4,518 • Installed Drainage on Practice Range at Lozano 2016 Financial Goals > 2016 Operating Budget Targets With better weather and new player outreach efforts, increase rounds of golf sold to 86,470. Increase revenue per round to $37.49 up from $35.87. Attain $557,000 in net operating income. > Through the 1st quarter of 2016, we are 4,244 rounds and $162,696 in revenue ahead of the same period last year. > Rounds per day in the first quarter averaged 115 per course. 2016 Course Improvement Plans CORPUS CHRISTI PARKS. • Purchase Necessary Replacement Golf Course Maintenance Equipment (with Capital Surcharge Fund) • Facility Improvements ➢ Utilizing Capital Surcharge Fund and Foresight Golf construction capability ➢ Lozano ▪ Install or repair course drainage where needed ➢ Oso Beach ▪ Renovate Sand Bunkers as was done at Lozano Install new set of tees with new course yardages of: Forest Green — 6223, Blue — 5728, Stone — 5,193, Copper— 4,220 Work with The First Tee and community leaders to develop the First Tee Chapter of Coastal Bend Foot Golf - A New Recreational Opportunity and Revenue Source for Corpus Christi! On The Executive Course at The Lozano Golf Center CORPUS CHRISTI PARKSS Learn To Play Golf Outreach CORPUS CHRISTI PARKS& Questions?