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Agenda Packet City Council - 07/11/2017
Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 forward.cctexas.com Meeting Agenda - Final City Council Tuesday,July 11,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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 Joe McComb to call the meeting to order. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Swearing-In Ceremony for New At-Large Council Member to be conducted by The Honorable Sandra L. Watts, Presiding Judge, 117th District Court of Nueces County, Texas. F. Proclamations /Commendations 1. 17-0784 Proclamation declaring July 22, 2017, "Mandela Day". Proclamation declaring July 2017, "Parks and Recreation Month". Recognition of Mayor's "40th Anniversary July 4th Big Bang Celebration" Essay Contest Winner. Recognition of Mayor's "40th Anniversary July 4th Big Bang Celebration" City of Corpus Christi Page 1 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Regatta Winners. G. Mayoral Appointments 2. 17-0832 City Council Committee Assignment Attachments: Agenda Memo- Mayoral Appointment.pdf H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UPDATE - BACKFLOW PREVENTER PROJECT b. UPDATE - INDUSTRIAL DISTRICT SITE PLANS C. OTHER I. MINUTES: 3. 17-0785 Regular Meeting of June 20, 2017 and Workshop of June 21, 2017. Attachments: Minutes-June 20, 2017.pdf Minutes-June 21, 2017.pdf J BOARD &COMMITTEE APPOINTMENTS: 4. 17-0839 Civil Service Commission Civil Service Board Corpus Christi Business and Job Development Corporation Planning Commission Attachments: Civil Service Commission Civil Service Board Corpus Christi Business and Job Development Corporation Planning Commission K. 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. City of Corpus Christi Page 2 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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 ATA 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. M. CONSENT AGENDA: (ITEMS 5 - 14) 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. 5. 17-0005 Engineering Contract for Mary Rhodes Pipeline Phase 2 (Capital Improvement Program) Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of$16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2) for construction management services. Capital Improvement Program (CIP) Attachments: Agenda Memo- Mary Rhodes Pipeline City of Corpus Christi Page 3 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Project Budget- Mary Rhodes Pipeline Location Map- Mary Rhodes Pipeline Contract-Mary Rhodes Pipeline Presentation- Mary Rhodes Pipeline 6. 17-0688 Change Order No. 4 Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012) Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$166,091.25 for a total restated contract amount of$8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). Attachments: Agenda Memo-Williams Dr Ph 3 Change Order 4 Project Budget-Williams Dr Ph 3 Change Order 4.xlsx Location Map-Williams Dr Ph 3 Change Order 4.pdf Presentation-Williams Dr Ph 3 Change Order 4.pptx Change Order No. 4-Williams Dr Ph 3 Change Order 4.pdf Form 1295 Reytec-Williams Dr Ph 3 Change Order 4.pdf 7. 17-0706 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Attachments: Agenda Memo- Kennsington Gardens Resolution with Attachments- Kennsington Gardens Aerial Maps- Kennsington Gardens 8. 17-0739 Resolution approving the submission of application for the Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Attachments: Agenda Memo-2018 GLO Beach Maintenance Application Resolution-2018 GLO Beach Maintenance Application City of Corpus Christi Page 4 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 FY 2018 BMR Application 9. 17-0715 Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. Attachments: Agenda Memo- Ford F250 Trucks for Parks and Recreation Price Sheet- Ford F250 Trucks for Parks and Recreation 10. 17-0239 Service Agreement for Armored Courier Services and Cash Manager Safe Service Agreement Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of$6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Armored Courier Services Bid Tab Armored Courier Services Service Agreement-Armored Courier Services 11. 17-0679 Second Reading Ordinance - Rezoning property located at 402 North Padre Island Drive (1st Reading 6120117) Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "IL" Light Industrial District and "CG-2" General Commercial District. The property is described as Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District and to the "IL" Light Industrial District and "CG-2" General Commercial District. City of Corpus Christi Page 5 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, from "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "I L" Light Industrial District and "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0517-01 Yarborough Ranches LP Ordinance 0517-01 Yarborough Ranches LP Aerial Maps 0517-01 Yarborough Ranches LP Zoning Report-0517-01 Yarborough Ranches LP 12. 17-0680 Second Reading Ordinance - Rezoning property located at 901 Flato Road (1st Reading 6120117) Case No. 0517-02 IDV NPID, LLC: A change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. The property is described as being a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas from "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0517-02 IDV NPID, LLC Ordinance 0517-02 IDV NPID, LLC Aerial Maps 0517-02 IDV NPID, LLC Zoning Report-0517-02 IDV NPID, LLC rev City of Corpus Christi Page 6 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 13. 17-0707 Second Reading Ordinance -Closing and abandoning three utility easements located at 6002 & 6116 South Staples (1st Reading 6120117) Ordinance abandoning and vacating three utility easements, 0.0281-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy-Robertson, Inc, to comply with the specified conditions. Attachments: Agenda Memo Ordinance with Exhibits Gusto Sbdv Location Maps.pptx 14. 17-0668 Second Reading Ordinance -Water Line Easement Dedication to San Patricio Municipal Water District on City-owned land near U.S. Highway 77 in San Patricio County (1st Reading 6120117) Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty-five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24-inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. Attachments: Agenda Memo-San Patricio Municipal Water District Ordinance-San Patricio Water District Location map-San Patricio Municipal Water District Presentation-San Patricio Water District Easement Waterline Easement-SPMWD- REVISED Waterline Easement Exhibit.pdf N. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. O. PUBLIC HEARINGS: (ITEMS 15 - 17) 15. 17-0781 Public Hearing and First Reading Ordinance -Rezoning property located at 4626 Weber Road Case No. 0317-07 Mohammed Motaghi: A change of zoning from the City of Corpus Christi Page 7 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single-Family 6 District with a Special Permit to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-6/SP" Single-Family 6 District with a Special Permit with conditions; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0317-07 Mohammed Motaghi Ordinance 0317-07 Mohammed Motaghi with Exhibits Ordinance 0317-07 Special Permit Mohammed Motaghi with Exhibits CC Report 0317-07 Mohammed Motaghi with Exhibits PP 0317-07 Mohammed Motaghi 16. 17-0783 Public Hearing and First Reading Ordinance -Rezoning property located at 6746 Aaron Drive Case No. 0617-01 MVR Construction Company: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1, located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MVR Construction Company ("Owner"), by changing the City of Corpus Christi Page 8 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 UDC Zoning Map in reference to Country Club Estates Unit 20, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "RS-6/PUD" Single-Family 6 District with a Planned Unit Development; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-01 MVR Construction Company Ordinance 0617-01 MVR Construction Company with Exhibits rev Presentation 0617-01 MVR Construction Company Zoning Report 0617-01 MVR Construction Company with Exhibits 17. 17-0811 Public Hearing and First Reading Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan Ordinance to adopt the fiscal year(FY) 2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt of the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP projects and further to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. Attachments: Agenda Memo-CAAP 2017-2018 Ordinance-FY2017 CAAP Ordinance Presentation- Housing and Community Development City Council FY2017-2018 CDBG Funding Attachment FY2017-2018 ESG Funding Attachment FY2017-2018 HOME Funding Attachment City Council Policy No 9 P. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. Q. FIRST READING ORDINANCES: (ITEMS 18 -21) 18. 17-0848 First Reading Ordinance -Changing and Adding Specific Regulations for Mobile Food Vendors Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 City of Corpus Christi Page 9 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non-stationary vending; providing for severance; providing for publication; and providing for effective date. Attachments: Agenda Memo(Amendments of Food Vendor Ordianances 38& 10)(5)6-30-201 Ordinance Amending Ch. 38&Ch. 10 (Pending City Council Approval)a_6-29-21 19. 17-0732 First Reading Ordinance -Appropriating funds for the purchase of seven 2017 Ford F-150 Trucks for use by the Parks and Recreation Department Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. Attachments: Agenda Memo- Ford F150 Trucks for Parks and Recreation (2) Ordinance-Ford F150 Trucks for Parks and Rec Fleet vFinal 20170613 Price Sheet- Ford F150 Trucks for Parks and Recreation (1) 20. 17-0835 First Reading Ordinance - Extension of Performance Milestones for Regional Youth Sports Complex Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex. Attachments: Agenda Memo-SQH Extension Performance Milestones-Revised Ordinance-SQH Extension of Performance Milestone Agreement-SQH Extend of Performance Milestones 21. 17-0769 First Reading Ordinance -Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach City of Corpus Christi Page 10 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. Attachments: Agenda Memo-Appropriation Ordinance-the Waters Edge Park Presentation- 17-0769 Seawall Transfer Presentation 070617 R. FUTURE AGENDA ITEMS: (ITEMS 22 -33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 17-0700 Change Order No. 1 for Bayshore Park Improvement Project Marina Breakwater at McGee Beach (Bond 2008) (Capital Improvement Project) Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of$712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) Attachments: Agenda Memo- Bayshore CO Budget- Bayshore CO Location map Presentation- Bayshore Park Revised Change Order#1 - E15152- Bayshore Park-Design Build Bayshore Park CO#1 - Form 1295 23. 17-0788 Purchase and Installation of Playground Equipment at Sacky Park Motion approving the purchase and installation of playground equipment at Sacky Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $53,252.65, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Funding for this playground is from the Community Development Block Grant B-16-MC-48-0502 for program year 2016-2017. Attachments: Agenda Memo- Playground Equip and Install at Sacky Park Service Agreement-Playground and Installation at Sacky Park Form 1295- Playground Equipment and Installation at Sacky Park.pdf Price Sheet- Playground Equip and Installation at Sacky Park.xlsx 24. 17-0815 Radio Facility and Tower Lease Agreement for Communications Site to Operate a Public Safety Communications System City of Corpus Christi Page 11 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Motion authorizing the City Manager or the City Manager's designee to execute a radio facility and tower lease agreement with KRIS Communications for a one (1) year term at $46,245.84 from August 1, 2017 through July 31, 2018 and for an optional extended term of nine (9) automatic 12-month renewal terms increasing 3% each year, for continued use as a communications site to operate a public safety communications system. Attachments: Agenda Memo- KRIS radio tower 07.11.2017 Agreement- KRIS Antena Space License 25. 17-0787 Resolution authorizing an Interlocal Agreement for servicing the Police Department's Intoxilyzer Testing Equipment Resolution authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer(Breath Alcohol) Testing Equipment for 12-month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. Attachments: Agenda memo Intoxilyzer interlocal 07.11.2017 Resolution- Interlocal for Breathlizer-2017(1) Intoxilvzer interlocal agreement with San Pat Co 26. 17-0762 Resolution authorizing an Interlocal Agreement for a stormwater floating debris study Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University - Corpus Christi for a stormwater floating debris study Attachments: Agenda Memo- Interlocal Aqmt for Storm Water debris study Resolution-Stormwater Floatinq Debris Study Interlocal Aqmt TAMUCC 06-05-2017 with Exhibit A 1 27. 17-0675 Service Agreement for Security Access Control System Maintenance and Repair Services for Utilities Department Motion authorizing the City Manager, or designee, to execute a service agreement with Total Protection Systems, Inc. of Corpus Christi, Texas to provide continuation of maintenance and repairs to the building access security system for various Utilities department locations, to include access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for an estimated expenditure not to exceed $34,900.00 of which $8,725.00 has been budgeted in the Water Fund for FY2016-2017. The term of the agreement is for one 12-month period with an option to extend for up to City of Corpus Christi Page 12 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 two additional 12-month periods at the sole discretion of the City. Attachments: Agenda Memo-Security Access Control System Maintenance and Repair Servi( Price Sheet-Security Access System Control Maintenance &Repair Services Service Agreement-Security Access Control Maintenance&Repair Services 1295 Form-Security Access Control System Maintenance and Repair Services 28. 17-0771 Construction Contract for Aquifer Storage and Recovery Feasibility Study (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of$950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program) (CIP). Attachments: Agenda Memo-Aquifer Feasibility Study Prosect Budget-Aquifer Feasibility Study.xls Locatio Map-Aquifer Feasibility Study Presentation-Aquifer Feasibility Study Letter of Recommendation-Aquifer Feasibility Study Form 1295-Aquifer Feasibility Study 29. 17-0764 Construction Contract for Old Robstown Road from State Highway 44 to Leopard Street (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, LTD of Corpus Christi, Texas in the amount of$5,461,830.25 for Old Robstown Road from State Highway 44 to Leopard Street for a total Base Bid. (Bond 2014 Proposition 1) Attachments: Agenda Memo Old Robstown Road Informal Staff Report-HMAC and PCC Project Budget Old Robstown Road Location map Old Robstown Road Presentation Old Robstown Road Letter of Recommendation Form 1295 Haas Anderson 30. 17-0773 Construction Contract for Traffic Signals and Lighting Improvements (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Company, Inc. of Pflugerville, Texas in the amount of$1,901,608.50 for the Traffic Signals and Lighting Improvements Project for the base bid. (Bond 2014 City of Corpus Christi Page 13 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Proposition 2) Attachments: Agenda Memo-Traffic Signal and Lighting Improvements Project Budget-Traffic Signal and Lighting Improvements.xlsx Location Map-Traffic Signal and Lighting Improvements.pdf Presentation-Traffic Signal and Lighting Improvements Form 1295-ATSCC.pdf MBITS Letter of Recommendation.pdf 31. 17-0806 Closed Captioning Services for the Hearing Impaired for City Council Meetings and City Press Conferences Motion authorizing the City Manager or designee to execute a service agreement with Caption Source, LLC. of Boerne, Texas for closed captioning services for the hearing impaired in accordance with Request for Proposal (RFP) No. 706, based on best value for a total expenditure not to exceed $33,000.00 for the first year with option to extend for two additional one year periods. Attachments: Agenda Memo-Closed Captioning Services Service Agreement-Closed Captioning Services Form 1295-Closed Captioning Services Evaluation Matrix-Closed Captioning Services 32. 17-0833 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Attachments: Agenda Memo-CCHFC and CCIDC 7-11-2017.pdf CCHFC Roster.pdf CCIDC Roster.pdf 33. 17-0834 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Member Debbie Lindsey-Opel as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memorandum CBHFDC 7-11-17.pdf CBHFDC Roster.pdf CBCEFFC Roster.pdf City of Corpus Christi Page 14 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 S. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. U. EXECUTIVE SESSION: (ITEMS 34 -36) 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. 34. 17-0869 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 potential claims and/or litigation related to the Enterprise Resource Planning System (ERP) purchased pursuant to a Master Contract executed on or about May 15, 2013. 35. 17-0754 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 litigation related to the New Broadway Wastewater Treatment Plant, including Graham Construction Services, Inc. v. City of Corpus Christi and other actions in open session concerning matters related thereto including Motion(s) to authorize the execution of agreements and encumbrance of funds for legal, engineering, and other professional consulting and/or expert witness services and associated court reporter, copy, and travel costs for the aforementioned lawsuit with the law firms of Coats Rose and Hartline Dacus Barger Dreyer, LLP and the consulting/engineering/expert firms of Navigant Consulting, Inc. (in addition to previously authorized funding for said entity), Scott Hibbs, PE, and/or Enprotec/ Hibbs &Todd, Inc. 36. 17-0755 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Belden Street, Mesquite Street, Broadway Street, Highway 181/1-37, City of Corpus Christi Page 15 Printed on 711 012 01 7 City Council Meeting Agenda-Final July 11,2017 Tancahua Street, the intersections thereof, or blocks adjacent to those streets and/or intersections, and areas within one mile thereof, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. W. ADJOURNMENT City of Corpus Christi Page 16 Printed on 711 012 01 7 �vs c� o� AGENDA MEMORANDUM tQApvRAS Action Item for the City Council Meeting of July 11, 2017 DATE: July 11, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mayoral City Council Committee Assignment CAPTION: Mayoral City Council Committee Assignment. PURPOSE: Mayor McComb appoints Council Member Debbie Lindsey-Opel to the Audit Committee. BACKGROUND AND FINDINGS: On December 13, 2016, Mayor Dan McQueen appointed then-Council Member Joe McComb to the Audit Committee. Council Member McComb was elected mayor on May 6, 2017. On June 20, 2017, the City Council appointed Debbie Lindsey-Opel to fill the At- Large seat vacated by Mr. McComb upon his election as mayor. CONFORMITY TO CITY POLICY: Council Policies, Sec. 10 Code of Ordinances, Sec. 12 '/2-3(a) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: LIST OF SUPPORTING DOCUMENTS: None Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Tuesday,June 20,2017 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. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Reverend John Hardie, St. Mark's Episcopal Church. Reverend John Hardie gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Robert J. Gonzalez, Jr., Richard King High School, Senior Broke 53-Yr Old CCISD Shot Put Record. Mr. Robert Gonzalez,Jr. led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 612712017 City Council Meeting Minutes June 20, 2017 Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring June 25, 2017, "Ms. Coastal Bend Senior Day". Proclamation declaring July 4, 2017, "40th Anniversary of the Mayor's 4th of July Big Bang Celebration". Commendation for Juan Amaya Bernal, Jr., for Earning His Highschool Diploma at Age 72. Commendation for Major Larry Young, Honoring His Public Service to the City of Corpus Christi and the Coastal Bend. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor McComb presented the proclamations and a certificate of commendation and conducted the swearing-in ceremony for newly appointed board,commission and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Michael Sheppard spoke regarding the Zagster bike share program in Corpus Christi and the goal to increasing the number of bicycles in the downtown area.Jack Gordy,4118 Bray, spoke regarding blocked sidewalks on Airline Road and Ayers Street. Bishop C.E. Richardson,3121 Crest Colony Lane; Cynthia L.Stoney, 1037 Harrison Street;Abel Alonzo, 1701 Thames; Emile S. Bolden, PO Box 1723; Barbara Booker,522 Hancock Avenue#326; Reverend Adam J. Carrington,2949 Riverbend; Priscilla Tryon-Cambric, 2814 Rogers Street;Jimmie Tryon,4241 Biltmore; Reverend Claude Axel,741 Crestview; Gloria Scott,4422 S.Alameda; Curtis Williams, 4410 Weiskopf; Bennel Jackson,809 Derry;Terry Mills, 5019 N. Chaparral;Alice Upshaw Hawkins, 3605 Cotton Road; Micah Cain, 1629 Birch Place; Henry Williams, 2422 Summers;Jeremy Coleman, 1525 Ocean Drive; and Dr. Pamela Sattiewhite, 1202 Sam Rankin,spoke in support of Sylvia Tryon Oliver to fill the vacant Council Member At-Large position. Rudy Tejano Pena,4213 Clinton, invited the City Council to attend the Nueces County Historical Society's City of Corpus Christi Page 2 Printed on 612712017 City Council Meeting Minutes June 20, 2017 presentations on local history to be held the first Tuesday starting in September through May and presented a proposal from board member Kathy Harrison to adopt a City song. Susie Luna Saldana,4710 Hakel,asked the City Council to appoint an individual to the vacant Council Member At-Large position who will represent the entire City. Margareta Fratila,3606 Tripoli, requested consideration to include a fine for citizens that violate the ordinance requiring addresses on buildings.Alissa Mejia,4302 Ocean Drive,spoke in support of aquatics and the need to consider a city-wide cost analysis to maintain new aquatics facilities and deferred maintenance of existing facilities. Carolyn Moon,4902 Calvin,spoke regarding the City's ozone levels and the City approving a resolution in support of the Paris Accord. Sandy Billish,2921 Airline Road#314,spoke regarding the following related to Agenda Item 9, Billish Park Agreement for construction of park improvements and maintenance: a history of Billish Park;appreciation of the Padre Isles Property Owners Association providing ongoing park maintenance; questions regarding the scope of work at Billish Park;and concerns with the removal of the memorial garden. Matt DeShields, Coastal Bend Restaurant Association,spoke regarding Agenda Item 27, a briefing on vendor permits(revisions of Ordinances 38&10),and discussed the proposed permit fees per site and requested that staff consult with industry representatives impacted by the proposed changes.Tryone Jackson,4332 Kostoryz,spoke regarding Agenda Item 27,a briefing on vendor permits(revisions of Ordinances 38&10), related to revisions to Section 38-17 and encouraged developing a method to ensure the use of local businesses first. L. PUBLIC INTERVIEWS FOR COUNCIL MEMBER AT-LARGE VACANCY (To be held at approximately 1:00 p.m.) Mayor McComb deviated from the agenda and referred to Item L. Mayor McComb stated that the purpose of this item is to conduct public interviews for the Council Member At-Large Vacancy. City Secretary Rebecca L. Huerta introduced the four(4)finalists: Kamlesh Bhula Bhikha, Debbie Lindsey-Opel, John Martinez,and Sylvia Tryon Oliver. City Secretary Huerta explained the public interview process.The candidates will have one(1) minute to make introductory comments.The finalists will be asked the four(4)questions that were filed with their application packets.The candidates will have two(2) minutes to answer each question. The finalists will have one(1) minute to make closing comments. The finalists drew lots for the rotation through each question as follows: 1) Kamlesh Bhula Bhikha;2)Sylvia Tryon Oliver;3)John Martinez and 4) Debbie Lindsey-Opel.The finalists provided responses to the following questions: 1)Why do you want to be a City Council member and what makes you the most qualified candidate? 2)What do you believe should be Council priorities? 3)What would your priorities be as an At-Large Member? 4)What is your understanding of the council-manager form of government? After completing the interview process, Mayor McComb thanked each finalist for submitting their names and showing a commitment to their community. 14. Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to discuss the appointment, employment, and City of Corpus Christi Page 3 Printed on 612712017 City Council Meeting Minutes June 20, 2017 duties of public officers or employees, including, but not limited to, members of the City Council. Mayor McComb referred to Item 14. The Council went into executive session at 2:18 p.m. The Council returned from executive session at 3:25 p.m. and the following motion was considered: Motion appointing Debbie Lindsey-Opel to fill the vacant At-Large Council Member seat. Council Member Vaughn made a motion to approve the motion, seconded by Council Member Rubio.This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-088 Mayor McComb called for a brief recess at 3:29 p.m. Mayor McComb reconvened the Council meeting at 3:35 p.m. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)In March 2017, the City Council authorized the refunding of the Utility System Revenue Bonds. On June 13,2017,the transaction occurred for$27.7 million in utility system revenue bonds. The net present savings was 7.6%or $2,089,000 throughout the life of the bonds through 2020.This refunding will reduce interest costs for the City by approximately$712,000 a year for three years.2)The Annual Water Quality Report will be mailed to utility customers in the month of June.The Utilities Department will be holding a public meeting on July 17,2017 at 6:00 p.m.at the Water Utilities Building located at 2726 Holly Road. Information is available at www.corpuschristiwater.com. 3) Due to low recycling and an increase in illegal dumping, three drop-off recycling centers will be closing on June 27, 2017.The locations include: Fellowship at Oso Creek Church at 7402 Yorktown Boulevard; HEB parking lot at Alameda Street and Glazebrook Street;and HEB parking lot at Leopard Street and Violet Road. A new option for drop-off recycling will include Republic Services,4414 Agnes Street,and will be open Monday through Friday from 8:00 a.m. to 4:00 p.m. Citizens can also take recyclables to the J.C. Elliott Collection Center located at Highway 286 and Ayers Street, Monday through Friday from 8:00 a.m. to 5:00 p.M. G. MINUTES: City of Corpus Christi Page 4 Printed on 612712017 City Council Meeting Minutes June 20, 2017 2. Regular Meeting of June 13, 2017 and Workshop of June 14, 2017. Mayor McComb referred to approval of the minutes. Council Member Rubio made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. Food Service Advisory Committee Padre Isles Municipal Management District Regional Health Awareness Board Senior Companion Program Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Food Service Advisory Committee Council Member Garza made a motion to appoint Arturo L. Garcia,Jr. (Local Food Manager)and Jonathan E.Villarreal (Community At-Large),seconded by Council Member Molina and passed unanimously. Padres Isles Municipal Management District Council Member Garza made a motion to reappoint Brent Moore and Darrell Scanlan, seconded by Council Member Vaughn and passed unanimously. Regional Health Awareness Board Council Member Garza made a motion to appoint Assistant City Manager Sylvia C. Trevino(City Representative),seconded by Council Member Molina and passed unanimously. Senior Companion Program Advisory Committee Council Member Garza made a motion to reappoint Shery DuBois(At-Large), Tami Longino(At Large),and Veronica Marsello(SCP Volunteer Workstation Representative),seconded by Council Member Molina and passed unanimously. Council Member Vaughn nominated Maria I. Odeh (At-Large). Council Member Rubio nominated Martin A. Longoria(At-Large). Martin A. Longoria(At-Large)was appointed with Council Members Hunter, Molina, Rubio, Garza,Smith,and Guajardo voting for Martin A. Longoria and Mayor McComb and Council Member Vaughn voting for Maria I. Odeh. I. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Page 5 Printed on 612712017 City Council Meeting Minutes June 20, 2017 K. CONSENT AGENDA: (ITEMS 4 - 13) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public.A council member requested that Items 4 and 9 be pulled for individual consideration. Council Member Garza announced he was abstaining from the vote on Item 13. A motion was made by Council Member Garza,seconded by Council Member Hunter,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 5. Construction Contract and Real Estate Contract for Creek View Drive extension (Bond 2014, Proposition 2)(Council Priority- Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Max Underground Construction, LLC. of Corpus Christi, Texas in the amount of$308,720.50 for the Creek View Drive Extension project for the base bid and to execute a land acquisition purchase agreement for$94,000 with William E. McKinzie, Jr. Family Limited Partnership, and closing costs of$3,000. (Bond 2014 Proposition 2) This Motion was passed on the consent agenda. Enactment No: M2017-086 6. Construction Contract and Testing Agreement for Carroll Lane from Houston Street to McArdle Road (Bond 2014, Proposition 1) (Council Priority-Streets) Motion authorizing the City Manager, or designee, to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of$6,192,097.55 for Carroll Lane from Houston Street to McArdle Road for a total Base Bid plus Additive Alternate No. 1 and to execute a construction materials testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$59,515 for Carroll Lane from Houston Street to McArdle Road. (Bond 2014 Proposition 1) This Motion was passed on the consent agenda. City of Corpus Christi Page 6 Printed on 612712017 City Council Meeting Minutes June 20, 2017 Enactment No: M2017-087 7. Second Reading Ordinance - Rezoning property located at 4540 Tribble Lane (1st Reading 6113117) Case No. 0517-03 Magellan Terminal Holdings, LP.: A change of zoning from the "CG-1" General Commercial District to the "IH" Heavy Industrial District. The property is described as Webb Tract Port View 101.58 acres, located along the west side of Poth Lane, south of Tribble Lane, and north of Interstate 37. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG-1" General Commercial District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Magellan Terminal Holdings, LP. ("Owner"), by changing the UDC Zoning Map in reference to Webb Tract Port View 101.58 acres, from the "CG-1" General Commercial District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031168 8. Second Reading Ordinance - Rezoning property located at 2121 Rand Morgan Road (1st Reading 6113117) Case No. 0517-04 MPM Development, LP: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a Roberts Tract 2.064 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, located along the west side of Rand Morgan Road, south of Leopard Street, and north of Oregon Trail. Planning Commission and Staff Recommendation (March 19, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by MPM Development, LP. ("Owner"), by changing the UDC Zoning Map in reference to Roberts Tract 2.064 acres out of Lots City of Corpus Christi Page 7 Printed on 612712017 City Council Meeting Minutes June 20, 2017 3, 6, 11, 14 and 15 also known as Tract 1 F, Roberts Tract 31.119 acres out of Lots 3, 6, and 11, and Roberts Tract 6.517 acres out of Lots 3, 6, 11, and 14, and Roberts Tract 4.391 acres out of Lots 3, 6, 11, 14 and 15 also known as Tract 1 F, from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031169 10. Second Reading Ordinance -Approval of agreement and appropriating funds for developer for the construction of a water grid main extension line located at the southeast corner of Fred's Folly Drive and Yorktown Boulevard (1st Reading 6113117) Ordinance authorizing City Manager or designee to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") with Oso Bend Development Company ("Developer"), for the construction of a water grid main extension line and appropriating $117,667.45 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031171 11. Second Reading Ordinance -for the acquisition of real property rights by eminent domain for the Rodd Field Expansion Project (Bond 2014, Proposition 2) (Council Priority-Streets) (1st Reading 6113117) An ordinance of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Right-of-Way Easements, Temporary Construction Easements and fee simple property rights for a street improvement project known as the Rodd Field Road Expansion Project, generally from Saratoga Boulevard to Yorktown Boulevard (Bond 2014); (2) authorizing the City Manager or designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire easement and fee simple property interests in the properties within the project area depicted on the Project Location Map; (4) authorizing payment pursuant to an award by special commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property City of Corpus Christi Page 8 Printed on 612712017 City Council Meeting Minutes June 20, 2017 to be acquired by condemnation herein by a single record vote of the City Council. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031172 12. Second Reading Ordinance -Adjusting Speed Zone on Ocean Drive from Sand Dollar Boulevard to North Gate of Air Station Corpus Christi (1st Reading 6113117) Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones to update portions of Ocean Drive and increase the speed limit on Ocean Drive, from Sand Dollar Boulevard to Naval Air Station Corpus Christi North Gate; providing for severance; and providing for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031173 4. Purchase of Public Art for Fire Station 18 located at 6226 Ayers Street Motion authorizing the City Manager or designee to execute an agreement to purchase a work of art created in mosaic tile, by artist Jeremiah Heye, owner of Heye Mosaics LLC, in the amount of $22,000.00 for Fire Station #18 to fulfill the public art requirement of Public Art Ordinance No. 21435, Sec 2-109. (Bond 2008) Mayor McComb referred to Item 4, public art for Fire Station No. 18. Director of Parks and Recreation Jay Ellington and council members discussed the following topics:an explanation on the public art requirement for the project and the percentage of one and one-quarter percent dedicated to fund art projects per the Public Art Ordinance. Council Member Rubio made a motion to approve the motion,seconded by Council Member Vaughn.This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-085 9. Second Reading Ordinance - Billish Park Agreement for construction of park improvements and ongoing park maintenance (1st Reading 6113117) Ordinance authorizing the City Manager or designee to execute an City of Corpus Christi Page 9 Printed on 612712017 City Council Meeting Minutes June 20, 2017 Agreement with the Padre Isles Property Owners Association ("PI POA") for the Lease, Construction of Improvements and Operation of Billish Park located at 15601 Gypsy Street, to allow construction of park improvements, with City funding not to exceed $400,000 and PIPOA funding not to exceed $200,000, and providing for ongoing park maintenance by PIPOA. Mayor McComb referred to Item 9, Billish Park Agreement with the Padre Isles Property Owners Association. Director of Parks and Recreation Jay Ellington and council members discussed the following topics: the scope of work for improvements;the funding that was previously spent for consultants;the preservation of the memorial garden;assurance from staff to include Sandy Billish in the design of the work;the reason the memorial garden benches were removed;appreciation of Ms. Billish's commitment to Billish Park and the Padre Isles Property Owners Association for agreeing to maintain the park;and a future policy to include stakeholders as part of the process on projects. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Molina.This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031170 13. Second Reading Ordinance -Approval for the resale of 26 foreclosed properties (1st Reading 6113117) Ordinance authorizing the resale of 26 properties for$96,850.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,213.35 plus $15,790.35 for partial payment of City paving and demolition liens. Mayor McComb referred to Item 13. Mayor McComb announced that Council Member Garza was abstaining from this item. Council Member Smith made a motion to approve the Ordinance,seconded by Council Member Rubio.This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Garza Enactment No: 031174 M. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. Public Hearing and First Reading Ordinance - Rezoning property City of Corpus Christi Page 10 Printed on 612712017 City Council Meeting Minutes June 20, 2017 located at 402 North Padre Island Drive Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "I L" Light Industrial District and "CG-2" General Commercial District. The property is described as Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG-2" General Commercial District and "RM-3" Multifamily 3 District and to the "IL" Light Industrial District and "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10-acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, from "CG-2" General Commercial District and "RM-3" Multifamily 3 District to the "I L" Light Industrial District and "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 15. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of office space and a light industrial park. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Council members and staff discussed the following:the reason for multi-zoning on the subject property;the proposed use of office space; notification and feedback from West Oso Independent School District regarding the rezoning;the age of the area development plan;development of the area to improve the tax base; improvements to Flato Road; and the depth of the lot. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the Ordinance,seconded by City of Corpus Christi Page 11 Printed on 612712017 City Council Meeting Minutes June 20, 2017 Council Member Rubio.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 16. Public Hearing and First Reading Ordinance - Rezoning property located at 901 Flato Road Case No. 0517-02 IDV NPID, LLC: A change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. The property is described as being a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84-acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas from "RM-3" Multifamily 3 District to the "CG-2" General Commercial District; amending Plan CC to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 16. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property for the construction of office space as a buffer to light industrial uses. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. In response to a council member, Mr. Green stated that the current land use is agricultural. Mayor McComb opened the public hearing. Craig Thompson, Hanson Professional Services,stated that the developer is planning to use the strip of land along Flato Road to develop office space as a buffer to the adjacent school to build a light industrial park. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Garza.This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 12 Printed on 612712017 City Council Meeting Minutes June 20, 2017 Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 17 - 19) 17. First Reading Ordinance -Closing and abandoning three utility easements located at 6002 &6116 South Staples Ordinance abandoning and vacating three utility easements, 0.0281-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237-acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy-Robertson, Inc, to comply with the specified conditions. Mayor McComb referred to Item 17. Interim Director of Development Services Bill Green stated that the purpose of this item is to vacate and abandon three separate utility easements located at the southeast corner of South Staples Street and Wooldridge Road to allow the owner to combine the existing lots into one lot for the future development of an eye care clinic.There were no comments from the public. In response to a council member, Mr. Green stated that the existing utilities will be relocated. Council Member Garza made a motion to approve the Ordinance,seconded by Council Member Rubio.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 18. First Reading Ordinance -Water Line Easement Dedication to San Patricio Municipal Water District on City-owned land near U.S. Highway 77 in San Patricio County Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty-five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24-inch water line on City owned property near City of Corpus Christi Page 13 Printed on 612712017 City Council Meeting Minutes June 20, 2017 U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. Mayor McComb referred to Item 18. Interim Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to grant a 25-foot wide Water Line Easement and 35-foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct,operate, maintain, repair and remove one (1)24-inch water line on City-owned property near U.S. Highway 77 in San Patricio County and execute a Water Line Easement and Temporary Work Easement Instrument for the conveyance of the easement. There were no comments from the public. In response to Mayor McComb, Mr. Grimsbo stated that the project purpose is to install a new water line to allow the purchase of water from the City. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Molina.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Transfer of Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. Mayor McComb referred to Item 19. Director of Engineering Services Jeff Edmonds stated that Items 19 and 20 are related to funding by the Type A Board for projects related to the Bayshore Park Improvement Project(The Water's Edge).The purpose of Item 19 is to transfer Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach.The purpose of Future Agenda Item 20 is to execute Change Order No. 1 to include the additional scope of work requested by the Type A Board for improvements to the McGee Beach Breakwater pier.There were no comments from the public. Council members and staff discussed the following topics: use of the Seawall Improvement Fund to fund the parking lot;the legal opinion that the parking lot qualifies for the use of seawall funds;the ballot language for the seawall; funding for Bayshore Park improvements;the reason the parking lot improvements were not included in the project scope for Bayshore Park;the total cost of the parking lot;the fund balance of the Seawall Improvement Fund;the projected projects for the seawall; the reduction of lanes on Shoreline;whether Tax Reinvestment Zone Number Three funds can be used City of Corpus Christi Page 14 Printed on 612712017 City Council Meeting Minutes June 20, 2017 to fund the parking lot; the original contract with Fulton for Bayshore Park;the location of the planters at Bayshore Park;and a full report to the City Council on the Bayshore Park project. Mayor McComb made a motion to table the Ordinance to the July 11,2017 City Council meeting,seconded by Council Member Smith. This Ordinance was tabled by the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 -26) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 22.A council member requested information on Item 21. 20. Change Order No. 1 for Bayshore Park Improvement Project Marina Breakwater at McGee Beach (Bond 2008) (Capital Improvement Project) Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of$712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) This Motion was recommended to the consent agenda. 21. Engineering Contract for Mary Rhodes Pipeline Phase 2 (Capital Improvement Program) Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of$16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2) for construction management services. Capital Improvement Program (CIP) This Motion was recommended to the consent agenda. 22. Change Order No. 4 Williams Drive Phase 3 from Staples Street to Airline Road (BOND 2012) Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$166,091.25 for a total restated contract amount of$8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). City of Corpus Christi Page 15 Printed on 612712017 City Council Meeting Minutes June 20, 2017 This Motion was recommended to the consent agenda. 23. Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. This Resolution was recommended to the consent agenda. 24. Resolution approving the submission of application for the Texas General Land Office Beach Cleaning and Maintenance Assistance Program Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. This Resolution was recommended to the consent agenda. 25. Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. This Motion was recommended to the consent agenda. 26. Service Agreement for Armored Courier Services and Cash Manager Safe Service Agreement Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of$6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole City of Corpus Christi Page 16 Printed on 612712017 City Council Meeting Minutes June 20, 2017 discretion of the City. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 27) 27. Corpus Christi Vendor Permits (Revisions of Ordinances 38 & 10) Mayor McComb referred to Item 27. City Manager Margie C. Rose stated that the purpose of this item is to provide an overview of the proposed changes to the vendor permits, Chapters 38 and 10 of the City's Code of Ordinances, to streamline the vendor permitting process and develop a pilot program to expand vending locations. The presentation team included: Environmental& Consumer Health Services Manager Lauren Rabe;Assistant Traffic Engineer Renee Couture;Assistant City Attorney Yvette Aguilar; Program Manager Laura Gonzales Jasso;and Building Official Gene Delauro. Ms. Rabe presented the following information:the objectives related to the proposed amendments to Chapters 38& 10;the City departments involved in the process;community outreach;an example of the Corpus Christi Vendor Permitting Process Program;the major revision to Chapter 38; the Pilot Program;the five locations identified for the Pilot Program;vendor feedback; and benefits. Tyrone Jackson,4332 Kostoryz and owner of The Good Frank, stated that vending in other cities is difficult because departments do not know the regulations required by other departments. Mr.Jackson commended the City's inter-departmental approach. Council members and the presentation team discussed the following topics: clarification of the cost per site for a permit;what is being proposed for local-first and surveying what other cities are doing;the possibility of putting the vendor permit application on-line; requirements for vendors on private property; converted shipping containers not being considered mobile vending units; including language in the Vendor Permitting Program that the Development Services Department is the location to begin the permitting process; how special events will be impacted with the revisions to the ordinance; maximum length of food truck/trailers; feedback from vendors related to the increase in proof of insurance coverage;the requirement to make permits visible to customers;enforcement of permits; the locations identified for the Pilot Program and the ability to add future locations based on established criteria;designated park area;consistency of permit fees;the current number of food truck vendors;and the ability to add stipulations to the permit related to litter control. R. LEGISLATIVE UPDATE: None. S. EXECUTIVE SESSION: (ITEMS 28 -29) Mayor McComb referred to executive session Items 28 and 29. The Council went into executive session at 5:57 p.m. The Council returned from executive session at 7:13 p.m. City of Corpus Christi Page 17 Printed on 612712017 City Council Meeting Minutes June 20, 2017 28. 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 water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 29. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City's Code of Ethics and City's Ethics Commission and legal representation of Ethics Commission regarding said issues. This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identifying Council Future Agenda Items. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to include a presentation on the Old Bayview Cemetary on a future council agenda, seconded by Council Member Hunter and passed unanimously. U. ADJOURNMENT The meeting was adjourned at 7:15 p.m. City of Corpus Christi Page 18 Printed on 612712017 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes 4 City Council Workshop Session Wednesday,June 21,2017 3:00 PM Basement Training Room 1201 Leopard Street THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 3:02 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles Risley,and City Secretary Rebecca L. Huerta. Present 7- Mayor Joe McComb, Council Member Rudy Garza Jr., Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Ben Molina, Council Member Greg Smith, and Council Member Carolyn Vaughn Absent 1 - Council Member Lucy Rubio Note: Council Member Guajardo arrived at 3:04 p.m. Council Member Vaughn arrived at 3:06 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. Strategic Plan for Active Mobility (Phase 1: Bicycle Mobility Plan) and Water Utility Rate Update Mayor McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the Strategic Plan for Active Mobility(Phase 1: Bicycle Mobility Plan)and the Water Utility Rate Update. Director of the Corpus Christi Metropolitan Planning Organization Jeff Pollack, presented information on the following topics: key destinations; planning outreach; network vetting and refinement; Coastal BendlnMotion.org; infrastructure type and network miles;demand analysis; infrastructure Corpus Christi Page 1 Printed on 612312017 City Council Workshop Session Meeting Minutes June 21, 2017 prescription by segment;facility selection; bike boulevards;one-way cycle track, both sides(unconstrained and constrained rights-of-way);specialized intervention crossings; infrastructure design/maintenance standards; custom/local engineering standard details;and a summary. Council members, Mr. Pollack and staff discussed the following topics: air quality regulations; local air attainment requirements; and the pros and cons of on-and off-street bicycle lanes. Assistant City Manager Mark Van Vleck presented information on the following topics: rate review schedule;water system components;and assumptions. Assistant Director of Support Services for Utilities Treatment Reba George presented information on the following topics: inside-city-limits water rate options;water rate sample bills at various levels of monthly water usage; inside-city-limits wastewater rate options;the pros and cons of the following wastewater fee options: winter quarter averaging,flat use fee, and tiered actual water usage;and that staff recommends moving from winter quarter averaging to the tiered actual water usage option. Council members and staff discussed the following topics: the median versus mean water usage in gallons;the effect of increasing rates; higher-volume residential users'water use does not change during the year or as a result of rate increases;average wastewater use in gallons; modifying the number of gallons of water associated with the minimum charge; that the rate options presented are revenue neutral; rates being higher for higher-volume users or lower-volume users under different water rate options presented;the frequency with which the City makes rate adjustments;water system improvements; revenue from outside-city-limits customers;that industry represents approximately 50%of demand for water furnished by the City; industry demand is outside-city-limits and does not,therefore, have a stormwater fee component;treated versus raw water sales;that water system improvement costs are factored into the treated water rate charged to outside-city-limits users; rounding the dollar amount of rates versus to-the-penny; and contractual limitations relating to rounding of rates. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to round up water and wastewater rates where possible,seconded by Council Member Hunter and passed unanimously(Council Member Rubio-Absent). Council members and staff discussed the following additional topics: the rate cap associated with 25,000 gallons of monthly water usage;verifying the accuracy of the calculations in the rate options presented; combining the various cost components of water on utility bills; historical water sales trends; the aggregate increase in revenue resulting from the water rate option recommended by staff;that City employee health benefit costs and Step salary increases are factored into the water rates presented;whether private industry employees are receiving salary increases; City employee health insurance premiums proposed to take effect October 1, 2017 versus premiums paid by employees in private industry; concerns about including Step increases in the FY 2018 proposed city budget; concern about the effect of water rate increases on higher-volume users; higher-volume users having more resources to pay for an increase in water rates than lower-volume users; not wanting to increase Corpus Christi Page 2 Printed on 612312017 City Council Workshop Session Meeting Minutes June 21, 2017 rates for low-/fixed-income users;the financial impact of rounding up water and wastewater rates; the$13.35 million to be added to Wastewater Operating annually for'pay-as-you-go'Collection System Repair and Replacement Program;the impact of water rates on the Capital Improvement Program (CIP); eliminating winter averaging;Step increases in City employee pay being tied to certifications/licensure versus being an annual pay increase;the purpose of Step increases in pay being to correct pay inequity in order to ensure tenured City staff, many of whom may not have received a raise over many years,are not paid less than new staff who may have to be paid more due to the rising cost of wages in general; raising raw water rates five cents per 1,000 gallons; that raw water rates are calculated by contractually defined formulas;the impact of holding water rates as they are;and resolving water-related issues. D. ADJOURNMENT The meeting was adjourned at 5:04 p.m. Corpus Christi Page 3 Printed on 612312017 City Of Corpus Christi CIVIL SERVICE COMMISSION BOARD DETAILS FOR FIREFIGHTERS AND POLICE OFFICERS SIZE 5 Seats ONLY - The Civil Service Commission adopts, TERM LENGTH 3 Years amends, and enforces a code of rules and regulations providing for appointment, employment, or OVERVIEW Years suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Three(3)members and two(2)alternates shall be appointed by the Chief F-Elk Executive of the City and confirmed by a majority of the City Council. Members must(1)be of good moral character, (2)be a U. S.Citizen, (3)be a resident of the City and have lived in the City for three years preceding appointment, (4)be over 25 years of age,and (5) not have held a public office within the preceding three DETAILS years. CREATION/AUTHORITY Chapter 143,Texas Local Government Code;Ord.31007- 11/21/16. ............................................................................................................................................................................................................................................................................................................................... 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 ............................................................................................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION ............................................................................................................................................................................................................................................................................................................................... CIVIL SERVICE COMMISSION Page 1 of 1 Civil Service Commission Members July 11, 2017 Five(5)vacancies with terms to 6/15/18,6/15/19 and 6/15/20 representing the following categories: 3-Regular Members and 2-Alternate Members(Charter Amendment-General Election 11/8/2016). (Note:The City Manager appoints to the Civil Service Commission,subject to confirmation by the City Council. City Manager Margie Rose is recommending the reappointment of Guy Nickleson(Regular Member)and the new appointment of Robert W.Judkins(Regular Member). (Staff is recommending the postponement of one(1)Regular Member and two(2) Alternate Members for further recruitment.) Jim RERM Tammy F.McDonald CIVIL SERVICE COMMISSION Resigned District 1 1 06/15/18 Member Regular Rixio Medina CIVIL SERVICE COMMISSION Resigned District 5 1 06/15/19 Member Regular Guy Nickleson CIVIL SERVICE COMMISSION Seeking reappointment District 5 1 06/15/17 Chair Regular 100% 4/4 meetings Vacant CIVIL SERVICE COMMISSION Vacant 06/15/20 Member Alternate Vacant CIVIL SERVICE COMMISSION Vacant 06/15/20 Member Alternate Civil Service Commission Applicants July 11,2017 Jeremy L.Coleman CIVIL SERVICE COMMISSION District P.O.Box 6564 Corpus Christi TX 361-883-1009 Craig C.Hebner CIVIL SERVICE COMMISSION District Horton Automatic 4242 Baldwin Blvd. Corpus Christi TX 361-866-6719 Robert W.Judkins CIVIL SERVICE COMMISSION District Retired Thomas Rosales CIVIL SERVICE COMMISSION District 1 Texas Health and Human Services Commission 3533 S.Alameda St. Corpus Christi TX 361-694-4576 CITY OF CORPUS CHRISTI Submit Date: Dec 20, 2016 Application for a City Board, Committee, or Commission Profile Jeremy L Coleman Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 10MMMOMMI 40"Mmu" Primary Phone Alternate Phone Employer Job Title P.O. Box 6564 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Jeremy L Coleman TX Work Address-State 78466 Work Address-Zip Code 361-883-1009 Work Phone j.lanecoleman@gmail.com Work E-mail address Preferred Mailing Address V Work 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) Graduate of Richard King High School 1999 Del Mar College - 2years Community: Regional Director for South Texas Young Voters DMS, Member of NAACP Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? r Yes ( No 35 If yes,how many years? Jeremy L Coleman CC Board Resume.docx Upload a Resume Please upload any additional supporting documents Demographics fJ African American Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Jeremy L Coleman Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? Yes r: No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r. Yes (- No Jeremy L Coleman 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? Selling of Dwellings Renting of Dwellings F- Legal Aid Society Staff Member Youth Representative (not more than 20 years of age at time of appointment) None of the Above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes t- No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Jeremy L Coleman Jeremy L. Coleman Resume Jeremy Lane Coleman OBJECTIVE: To become active within volunteer city government boards and commissions. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years instructional experience working with public administration and public education • Five years of supervisory and department head experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills —verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self-motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Develop and analyze general operational budgets • Strong business skills in accounts receivable, payroll, and accounts payable • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Enforce administration policies and rules governing business • Prepare and lead weekly managers' trainings • Evaluate and counsel employees • Hire, interview and carry out disciplinary action in various departments TECHNICAL SKILLS Computer literate —Word, Excel,Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10-key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY New Development Manager Brooks Chapel E.C.D.C., Inc. August 2001 — September 2003 1517 Winnebago Street Corpus Christi, TX 78401 Chief of Staff N.A.A.C.P. Corpus Christi, Inc. November 2003—January 2006 1519 N. Chaparral St. Corpus Christi, TX 78401 Church Secretary St. John Baptist Church December 2007—April 2013 5445 Greenwood Drive Corpus Christi, TX 78418 Sales Representative T-Mobile USA, Inc. June 2013 —February 2015 Area Operations Manager GMet Communications, Inc. February 2015—June 13, 2015 5848 Kostoryz Road Corpus Christi, TX 78406 Director of Life Enrichment Capital Senior Living September 11, 2015— Dec. 6,2016 5813 Esplanade Drive Corpus Christi, TX 78414 EDUCATION (currently pursuing)B.A./Business Administration Texas A&M CC Corpus Christi,TX Graduate Richard King High School Corpus Christi,TX Certification QuickBooks Pro2008 Del Mar College Corpus Christi,TX Certification TOPS Certification ESC2 E.S.C.2 Corpus Christi,TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Former Chairman— Brooks Chapel Early Childhood Center, Inc. • Past President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member— Nueces County Community Action Agency • Former Chairman and President—Youth Council & Foundation of Corpus Christi • Former Board Member—Mayor's Advisory Council • National Board Member— Camp Fire U.S.A. • Former Chairman of Health Committee — N.A.A.C.P. • Past Secretary — N.A.A.C.P. Executive Committee • Past President—City-Wide Youth Council of Corpus Christi • Former Member of Student Government Association/Del Mar College • Regional Director—Texas YD Council CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Craig _ C Hebner Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 ISONWAMM INNONNOW Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Craig C Hebner Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address W Home/Primary 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) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? r Yes r No Current resident of the city? Yes r No Craig C Hebner Page 2 of 6 37 If yes,how many years? Craig Resume_5-1-16_2 .docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 9 Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Craig C Hebner Page 3 of 6 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? rYesr- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? r Yes ( No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? rh Yes r No Craig C Hebner Page 4 of 6 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r-- Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? r Yes r No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? J Not Connected with Oil and Gas Well Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r. Yes r No Craig C Hebner Page 5 of 6 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 6 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Feb 15, 2017 Profile Robert _ W Judkins Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted ism Street Address i Suite or Apt State City Postal Code What district do you live in? V District 5 qmwmmffs� 100000� Primary Phone Alternate Phone Aircrew Survival Equipmentman/Police Retired Officer/Firefighter(ARFF) Employer Job Title Work Address-Street Address and Suite Number Work Address-City Work Address-State Work Address-Zip Code Robert W Judkins Work Phone N/A Work E-mail address Preferred Mailing Address W Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Mohegan Community College AS Degree/Tx. Commission on Law Enforcement "Intermediate Peace Officer"/Tx. Commission on Fire Protection "CFR Intermediate"/Tx Department of Health "Emergency Care Attendant"/Tx Law Enforcement Instructor/Tx Fire Protection Instructor (CFR)/Member "International Critical Incident Stress Foundation/US Dept. of Transportation FAA "Civil Aviation Security FAR 107 & 108 training Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes r No 29 If yes,how many years? Upload a Resume Robert W Judkins Please upload any additional supporting documents Demographics 17 Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert W Judkins Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? (.- Yes No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? r Yes No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? r Yes r No Robert W Judkins APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Mar 14, 2017 Profile Thomas _ Rosales Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted ETHICS COMMISSION: Submitted ism Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 Primary Phone Alternate Phone Texas Health and Human Services Commission Hospital Based Worker II Employer Job Title 3533 S. Alameda St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Thomas Rosales Page 1 of 5 78411 Work Address-Zip Code (361) 694-4576 Work Phone Thomas.Rosales@hhsc.state.tx.us Work E-mail address Preferred Mailing Address V Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Corpus Christi native. Left Corpus Christi in summer of 1996 and returned back summer of 2012. Obtained my GED with the Adult Learning Center in 1996. I've previously volunteered with Bayfest, HEB Feast of Sharing and Retama Manor Nursing Center. I've been employed with the State of Texas for 14 years in several capacities with the Department of Criminal Justice, Departing of Aging & Disability Services, Youth Commission and now the Health of Human Services Commission. I served one term with the Citizens Advisory Health Board. Why are you interested in serving on a City board, commission or committee? Registered Voter? r Yes r No Current resident of the city? r Yes r No 26 If yes,how many years? Thomas Rosales Page 2 of 5 Upload a Resume Please upload any additional supporting documents Demographics fJ Hispanic Gender W Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Thomas Rosales Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? Yes r: No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? r. Yes (- No Thomas Rosales Page 4 of 5 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? Selling of Dwellings Renting of Dwellings F- Legal Aid Society Staff Member Youth Representative (not more than 20 years of age at time of appointment) None of the Above Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Thomas Rosales Page 5 of 5 City Of Corpus Christi CIVIL SERVICE BOARD BOARD DETAILS SIZE 5 Seats The Civil Service Board adopts, amends, and in enforces a code of rules and regulations 107 TERM LENGTH 3 Years providing for appointment, employment, or OVERVIEW TERM LIMIT 6 Years suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Three(3)members and two(2)alternate members shall be appointed by the F-Elk Council for three-year terms or until a 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 DETAILS preceding appointment, (4)be over 25 years of age,and (5)not have held a public office within the preceding three years,with the exception of notary public. ................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY City Charter Amendment Art.VII, Sec.2(3-25-55),Ord. 12948,Ord. 17258- 9/15/82;amended 4-3-93;Ord.31 007- 11/21/16. ............................................................................................................................................................................................................................ 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 .............................................................................................................................................................................................................................................................................................................................. COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION ..................................................................................................................................................................................................................................... CIVIL SERVICE BOARD Page 1 of 1 Civil Service Board Members July 11, 2017 Five (5) vacancies with terms to 6/15/18, 6/15/19 and 6/15/20 representing the following categories: 3 - Regular Members and 2 - Alternate Members (Charter Amendment - General Election 11/8/2016). (Note: The City Council appoints to the Civil Service Board. Traditionally, the same members serve on the Civil Service Board and Commission.) (Staff is recommending the postponement of one (1) Regular Member and two (2) Alternate Members for further recruitment.) Tammy F. McDonald Rixio Medina Guy Nickleson Vacant Vacant CIVIL SERVICE COMMISSION Resigned CIVIL SERVICE COMMISSION Resigned CIVIL SERVICE COMMISSION Seeking reappointment District 5 1 CIVIL SERVICE COMMISSION Vacant CIVIL SERVICE COMMISSION Vacant District 1 1 06/15/18 Member Regular District 5 1 06/15/19 Member Regular 06/15/17 Chair Regular No meetings held 06/15/20 Member Alternate 06/15/20 Member Alternate Work Address Work Phone Jeremy L. Coleman CIVIL SERVICE COMMISSION District 2 Craig C. Hebner CIVIL SERVICE COMMISSION District 1 Horton Automatic P.O. Box 6564 4242 Baldwin Blvd. Corpus Christi TX 361-866-6719 Civil Service Board Applicants July 11, 2017 Robert W. Judkins CIVIL SERVICE COMMISSION District 5 Retired Thomas Rosales CIVIL SERVICE COMMISSION District 1 Texas Health and Human Services Commission 3533 S. Alameda St. Corpus Christi TX 361-694-4576 APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Dec 20, 2016 Profile Jeremy L Coleman Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Street Address iimimsgs• Suite or Apt State City Postal Code What district do you live in? * �j District 2 Primary Phone Alternate Phone Employer Job Title P.O. Box 6564 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Jeremy L Coleman Page 1 of 5 78466 Work Address - Zip Code 361-883-1009 Work Phone j.lanecoleman@gmail.com Work E-mail address Preferred Mailing Address iw Work 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) Graduate of Richard King High School 1999 Del Mar College - 2years Community: Regional Director for South Texas Young Voters DMS, Member of NAACP Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes No 35 If yes, how many years? CC Board Resume.docx Upload a Resume Jeremy L Coleman Page 2 of 5 Please upload any additional supporting documents Demographics 17 African American Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Jeremy L Coleman Page 3 of 5 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Yes No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? cYes ` No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? 'Yes` No 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? * r Selling of Dwellings r Renting of Dwellings r Legal Aid Society Staff Member r Youth Representative (not more than 20 years of age at time of appointment) r None of the Above Jeremy L Coleman Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Jeremy L Coleman Page 5 of 5 Jeremy L. Coleman Resume Jeremy Lane Coleman OBJECTIVE: To become active within volunteer city government boards and commissions. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years instructional experience working with public administration and public education • Five years of supervisory and department head experience • A born leader; effectively handled position of maj or responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills — verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self -motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Develop and analyze general operational budgets • Strong business skills in accounts receivable, payroll, and accounts payable • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Enforce administration policies and rules governing business • Prepare and lead weekly managers' trainings • Evaluate and counsel employees • Hire, interview and carry out disciplinary action in various departments TECHNICAL SKILLS Computer literate — Word, Excel, Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10 -key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY New Development Manager Brooks Chapel E.C.D.C., Inc. 1517 Winnebago Street Corpus Christi, TX 78401 Chief of Staff N.A.A.C.P. Corpus Christi, Inc. 1519 N. Chaparral St. Corpus Christi, TX 78401 Church Secretary St. John Baptist Church 5445 Greenwood Drive Corpus Christi, TX 78418 Sales Representative T -Mobile USA, Inc. Area Operations Manager GMet Communications, Inc. 5848 Kostoryz Road Corpus Christi, TX 78406 Director of Life Enrichment Capital Senior Living 5813 Esplanade Drive Corpus Christi, TX 78414 EDUCATION (currently pursuing) B.A./Business Administration Graduate Richard King High School Certification QuickBooks Pro2008 Certification TOPS Certification ESC2 August 2001— September 2003 November 2003 — January 2006 December 2007 — April 2013 June 2013 — February 2015 February 2015 — June 13, 2015 September 11, 2015 — Dec. 6,2016 Texas A&M CCCorpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX E.S.C.2 Corpus Christi, TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Former Chairman— Brooks Chapel Early Childhood Center, Inc. • Past President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member — Nueces County Community Action Agency • Former Chairman and President — Youth Council & Foundation of Corpus Christi • Former Board Member — Mayor's Advisory Council • National Board Member — Camp Fire U.S.A. • Former Chairman of Health Committee — N.A.A.C.P. • Past Secretary — N.A.A.C.P. Executive Committee • Past President — City -Wide Youth Council of Corpus Christi • Former Member of Student Government Association/Del Mar College • Regional Director — Texas YD Council CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Prefix Craig First Name Email Address C Middle Initial Hebner Last Name Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * 1? District 1 Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address - Street Address and Suite Number Craig C Hebner Page 1 of 6 Corpus Christi Work Address - City Texas Work Address - State 78405 Work Address - Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address w Home/Primary 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) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? Yes r No Current resident of the city? Yes c No Craig C Hebner Page 2 of 6 37 If yes, how many years? Craig Resume 5-1-16 2 .docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender I Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Craig C Hebner Page 3 of 6 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1W None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? r Yes •No Craig C Hebner Page 4 of 6 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r1° Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * I� None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? fr Yes r No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * J Not Connected with Oil and Gas Well Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Craig C Hebner Page 5 of 6 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 6 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review proj ects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study j ob specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction proj ects • Prepare and submit budget estimates and progress / cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 — January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed • Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids 2009-2012 Lead Engineer Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well -bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Combat Lifesavers Course Combat Controller Basic EMT Course Range Safety Officer Heavy Equipment Operators Course School of Infantry Marine Corps Leadership School Flight Deck Safety Course Crane & Riggers Course Offshore Safety Certification A.R.C. CPR and First Aid Certification Tetra Mud School Tetra Well Control School Fluid Engineer School Defensive Driving Plant Operations Course PEC SafeGulf PEC SafeLand Offshore Safety Certification IADC Global Leadership Course Forklift Certification Rig Pass HSE Safety CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Feb 15, 2017 Profile Robert W Judkins Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * i District 5 IIIMM101•11 Primary Phone Alternate Phone Aircrew Survival Equipmentman/Police Retired Officer/Firefighter(ARFF) Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Robert W Judkins Page 1 of 4 Work Phone N/A Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Mohegan Community College AS Degree/Tx. Commission on Law Enforcement "Intermediate Peace Officer"/Tx. Commission on Fire Protection "CFR Intermediate"/Tx Department of Health "Emergency Care Attendant"/Tx Law Enforcement Instructor/Tx Fire Protection Instructor (CFR)/Member "International Critical Incident Stress Foundation/US Dept. of Transportation FAA "Civil Aviation Security FAR 107 & 108 training Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes r No 29 If yes, how many years? Upload a Resume Robert W Judkins Page 2 of 4 Please upload any additional supporting documents Demographics I Caucasian/Non-Hispanic Gender w Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Robert W Judkins Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? Yes No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? cYes ` No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? 'Yes` No Robert W Judkins Page 4 of 4 APPLICATION FOR A CITY BOARD, COMMISSION OR COMMITTEE Submit Date: Mar 14, 2017 Profile Thomas Rosales Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted ETHICS COMMISSION: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * �j District 1 IMMNIMNIMI Primary Phone Alternate Phone Texas Health and Human Services Commission Employer 3533 S. Alameda St. Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Hospital Based Worker II Job Title Thomas Rosales Page 1 of 5 78411 Work Address - Zip Code (361) 694-4576 Work Phone Thomas.Rosales@hhsc.state.tx.us Work E-mail address Preferred Mailing Address iw Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Corpus Christi native. Left Corpus Christi in summer of 1996 and returned back summer of 2012. Obtained my GED with the Adult Learning Center in 1996. I've previously volunteered with Bayfest, HEB Feast of Sharing and Retama Manor Nursing Center. I've been employed with the State of Texas for 14 years in several capacities with the Department of Criminal Justice, Departing of Aging & Disability Services, Youth Commission and now the Health of Human Services Commission. I served one term with the Citizens Advisory Health Board. Why are you interested in serving on a City board, commission or committee? Registered Voter? 6. Yes r No Current resident of the city? rr Yes r No 26 If yes, how many years? Thomas Rosales Page 2 of 5 Upload a Resume Please upload any additional supporting documents Demographics IW Hispanic Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. lw I Agree Thomas Rosales Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree Board -specific questions (if applicable) Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you resided in the City for at least 3 years? c Yes c No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Have you held public office during the past 3 years? r Yes t: No Question applies to CIVIL SERVICE COMMISSION,CIVIL SERVICE BOARD. Are you over 25 years of age? Yes No Thomas Rosales Page 4 of 5 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? * r Selling of Dwellings r Renting of Dwellings r Legal Aid Society Staff Member r Youth Representative (not more than 20 years of age at time of appointment) r None of the Above Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Thomas Rosales Page 5 of 5 City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION BOARD DETAILS OVERVIEW SIZE 5 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. DETAILS COMPOSITION The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council. The terms of the directors shall be two years, expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. CREATION / AUTHORITY Res. No. 024207, 9-12-00; Res. No. 024233, 9-25-00. MEETS 3rd Monday of every month at 4:00 p.m., City Hall - Council Chambers. Meet a minimum of once a quarter. TERM DETAILS All terms for two years. DEPARTMENT City Manager's Office COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 1 of 1 Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB R. Bryan Gulley CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking reappointment District 5 2 07/31/17 Vice -President 820 9/11 meetings DEVELOPMENT CORPORATION Has met the six-year term limitation District 4 3 07/31/17 President Corpus Christi Business and Job Development Corporation Members July 11, 2017 Two (2) vacancies with terms to 7/31/19. �Yo�l�79Rl� �13Tri�S!! Lee A. Trujillo CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 3 Partial 07/31/18 Member Bart Braselton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 3 07/31/18 Member Randy L. Maldonado CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 1 07/31/18 Member Name Scott M. Harris Craig C. Hebner James Hernandez CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 1 Lockwood, Andrews & Newnam, Inc. 500 N. Shoreline CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 1 Horton Automatic 4242 Baldwin Blvd. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 3 Landmark Electric Company 4033 Bradford Corpus Christi TX 361-792-7225 Corpus Christi TX 361-866-6719 Corpus Christi TX 361-533-8124 Ves Ves Ves Richard Bryan Stone, Jr. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Porter, Rogers, Dahlman & Gordon, PC 800 N. Shoreline, Suite 8005 Corpus Christi TX 361-880-5830 Ves Corpus Christi Business and Job Development Corporation Applicants July 11,2017 Diana Summers CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District4 Hogan Homes 400 Mann St. Corpus Christi TX 512-994-8786 Ves Kamran Zarghouni CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 KM Premier Real Estate 70095. Staples, Ste. 102b Corpuschristi TX 361-991-5263 Ves CITY OF CORPUS CHRISTI Submit Date: Jul 03, 2017 Application for a City Board, Committee, or Commission Profile Scott M Harris P.E. Prefix First Name Middle Initial Last Name Suffix Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone Lockwood, Andrews & Newnam, Inc. 500 No Shoreline Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Scott M Harris P.E. Regional Manager Job Title Suite or Apt State Postal Code 361-792-7225 Work Phone smharris@lan-inc.com Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently serve on the Transportation Advisory Commission Education, Professional and/or Community Activity (Present) Please see attached resume/biography Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? c Yes r No 16 years If yes, how many years? Harris Bio for Type A Board.pdf Upload a Resume Please upload any additional supporting documents Scott M Harris P.E. Demographics Ethnicity 17 Caucasian/Non-Hispanic Gender I -J Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Scott M Harris P.E. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Scott M Harris P.E. Mr. Scott M. Harris, P.E. Mr. Harris has led people, projects, and pursuits for over 25 years. He is a community servant, involved with his family, and a 28 -year military veteran. He has a successful record of implementing strategies to achieve his goals and targets. He leads by example, consults and delegates when necessary, promotes honest and open communication, and has been an advocate for common sense improvement of policies and procedures to eliminate fraud, waste, and abuse. BIOGRAPHY: Scott was born in the up -state New York hamlet of Harris (NY), named after his family. As a teenager his family moved to southern California where Scott graduated from Etiwanda High School. Scott Harris enlisted in the United States Army on November 19, 1988. He completed Basic Training in Fort Sill Oklahoma in 1989 and shortly after received orders to Germany. In 1991, he was reassigned to Fort Lewis, Washington, where he met his wife and married in 1992. In 1993, Scott left active duty to pursue an education and start a family in Texas. He enlisted in the Texas Army National Guard to continue his service to our nation. In 1999, Scott received his Bachelors of Science Degree in Civil Engineering and in 2001 received a direct commission into the US Navy as an Ensign. In 1999, Scott went to work for HDR Engineering in Corpus Christi as a project engineer. His experience also included management of disaster related contracts and engineering services, construction management, client relations, and marketing. In 2005, Scott deployed to Iraq, where he maintained accountability for construction operations and 490 sailors during a nine-month combat deployment. In June 2009, he deployed again to support US Navy's Pacific Area Command's (USPACOM) construction mission in Korea, Japan, and Guam. There he managed the funding, ordering, and movement of $30M in construction materials across the Pacific Area of Operations. In 2011, Scott deployed for his third overseas tour to Guantanamo Bay, Cuba. From there he led an 85 -person construction detachment in support of humanitarian assistance, disaster relief, and global peacekeeping operations. He supervised engineering projects in twelve different countries in Central and South America and across the Caribbean. In 2013, Scott accepted a position with Lockwood, Andrews & Newnam, Inc. (LAN). There he supervises a staff of engineers and technicians. He plans, schedules, and coordinates the preparation of construction documents and contracts and he completes job -cost accounting and develops project budgets and schedules. Scott leads the company on regional pursuits and proposals and acts as a trusted advisor to clients. In 2014, Scott was reassigned in the Navy Reserves to Special Operations Command Africa. There he supported a multi -national exercise as the RSOCC, J4 Logistics Officers and volunteered his time and professional engineering knowledge to work alongside the Danish Air Force to investigate damage caused by US aircraft to two expeditionary runways in the remote deserts of Chad, Africa. During his assignment to SOCAFRICA, Scott also graduated from the Reserve Component National Security Course at National Defense University in Washington, D.C. Scott has been married to his wife Sylvia for twenty-three years, has a daughter Bianca (16), son Bradley (14), and son Bill (7). He lives in Corpus Christi, Texas and is employed with Lockwood, Andrews & Newnam, Inc. Recent Engineering and Career Achievements: • Single handedly opened an office for LAN, Inc. in Corpus Christi and grew the office to six full-time employees in only 18 months. • Within 6 months of opening the office, landed 8 new projects for LAN, for a total Net Fee's Earned (NFE) of over $800,000. • Within the last year, grew the offices Net Fees Earned to over $2.5 Million. • Successfully negotiated master services agreements with three of the region's largest clients and a publicly traded international oil & gas firm. • Successfully grew LAN's local client base from two clients in 2013 to twelve clients in just the last year. COMMUNITY SERVICE Corpus Christi Regional Transportation Authority (CCRTA) — appointed by the Nueces County Commissioners Court in February 2016, Scott has accomplished the following in the several months: • Participated in the creation and adoption of the CCRTA's 2017 operating budget. • Led change to numerous CCRTA's policies and procedures in order to achieve transparency and improve public image. • Provided advice and recommendations to the CCRTA's Plan 20/20 and moved to adopt the plan into action thus improving efficiency in customer service, routes and schedules. • Assisted with the adoption of the CCRTA's goals and objectives to provide safe and efficient fixed route service, tourist, commuter, public event, and on -demand transportation services to the Corpus Christi Region. Transportation Advisory Commission - as Chairman and Vice Chairman of the City's Commission, Scott has accomplished the following in the last year: • I led the creation of a Mobility Planning Committee that was directed by Council to see through the implementation of Mobility CC, the City's transportation plan which includes the Unified Transportation Plan, Hike/Bike CC, and the ADA Master Plan. • I have led numerous public forums for the discussion of actions relating to traffic operations and transportation matters. • I have advised City Council on traffic related issues and provided recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system. • I have provided numerous recommendations to City staff on traffic and transit related aspects of their Capital Improvement Plan. • I have independently reviewed the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices and establishment of traffic regulations. Other Community Service: • Corpus Christi Regional Economic Development Corporation, Business Development Advisory Committee, 2015 — present • Salvation Army Advisory Board, Member, 2015 — present • Chamber of Commerce Infrastructure Committee, 2012 - present • Leadership Corpus Christi, Class 44 — 2015 • Boy Scouts of America, South Texas Council, Troop Committee Member, 2009 - present • Nueces County, Precinct Chair, Election Judge, and Delegate - present • Society of American Military Engineers, Member, 2001-2013; Post President - present • American Society of Civil Engineers, State Director - Corpus Christi Branch, 2008-2010 Awards & Honors: • State Republican Executive Committee (SREC 20), Rising Star Award 2015 • Traylor Dixon Sells, Jr. Memorial Scholarship, 2013 • Pathfinders Gold Award, Community Service, March 2013, March 2009 • US Navy Commendation Medal, 2012, 2011, 2006; US Navy Achievement Medal, 2007 • Global War on Terrorism / Operation Iraqi Freedom Campaign Medals, 2006 • US Army Achievement Medals (3), 1991, 1993, 1996. Education: • Texas A&M University Corpus Christi, Presently attending, Masters in Business Administration, M.B.A. • National Defense University, D.C., February 2016, Diploma, National Security Course — strategy, policy, and international public affairs seminars. • US Navy War College, March 2012, Diploma, National Strategy and Strategic Studies (includes: organizational management, strategy and policy, national security, staff planning and joint maritime operations). • Marine Corps University, Joint Engineer Operations, Dec 2008, Certificate of Graduation (Joint (DOD) doctrine, planning and operations, capabilities and organization of military engineers including USACE, USN, USAF, and USMC). • US Navy Civil Engineer Officer School, May 2003, Certificate of Graduation (Curriculum includes Contracting, Public Works, Facilities Management, and Military Construction; construction project management, and Naval Construction Forces). • Prairie View A&M University, Dec 1999, B.S. Civil Engineering • United States Army Survey School, Dec 1989, Certificate of Graduation (Surveying) Work Experience: • Lockwood, Andrews & Newnam, Inc. Regional Manager — 2013 to Present • HDR Engineering, Project Engineer— 1999 to 2013 • US Navy Reserves, Civil Engineer Corp Officer — 2001 to Present • Texas A&M University System, Engineer Assistant — 1995 to 1999 • Texas Army National Guard, Combat Engineer -1993 to 2001 • InterSurv, Inc. — Surveyor / Party Chief —1993 to 1995 • United States Army— Surveyor— 1988 to 1993 Publications & Papers: • Cole Park, Corpus Christi Bay and a Tale of Cups, Sept 2015, Water Environment Association of Texas. • Renewed Attention to the Role of the US Navy Dec 2014, US Naval Institute General Prize Essay Contest • Sustaining America's Excellence, Aug 2013, US Naval Institute Leadership Essay Contest • The Elephant in the Room, Why Engineers are Reluctant to Discuss Infrastructure Funding?, Feb 2013, American Society of Civil Engineers • A Historical Comparison of Public -Private Partnerships, Oct 2013, American Society of Civil Engineers • What are the Military's Likely Roles in Respondinq to Failed or Failing States? May 2011, Naval War College, Newport, RI CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Prefix Craig First Name Email Address C Middle Initial Hebner Last Name Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * 1? District 1 Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address - Street Address and Suite Number Craig C Hebner Page 1 of 6 Corpus Christi Work Address - City Texas Work Address - State 78405 Work Address - Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address w Home/Primary 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) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? Yes r No Current resident of the city? Yes c No Craig C Hebner Page 2 of 6 37 If yes, how many years? Craig Resume 5-1-16 2 .docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender I Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Craig C Hebner Page 3 of 6 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1W None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? r Yes •No Craig C Hebner Page 4 of 6 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r1° Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * I� None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? fr Yes r No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * J Not Connected with Oil and Gas Well Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Craig C Hebner Page 5 of 6 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 6 Craig C. Hebner 4217 Clear Fork Dr Corpus Christi, TX 78410 361-585-0127 craighebner@hotmail.com Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review proj ects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study j ob specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction proj ects • Prepare and submit budget estimates and progress / cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 — January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed • Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids 2009-2012 Lead Engineer Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well -bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Combat Lifesavers Course Combat Controller Basic EMT Course Range Safety Officer Heavy Equipment Operators Course School of Infantry Marine Corps Leadership School Flight Deck Safety Course Crane & Riggers Course Offshore Safety Certification A.R.C. CPR and First Aid Certification Tetra Mud School Tetra Well Control School Fluid Engineer School Defensive Driving Plant Operations Course PEC SafeGulf PEC SafeLand Offshore Safety Certification IADC Global Leadership Course Forklift Certification Rig Pass HSE Safety CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: May 09, 2017 Application for a City Board, Committee, or Commission Profile James Hernandez Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Street Address City What district do you live in? * fJ District 3 Primary Phone Alternate Phone Landmark Electric Company Owner Employer Job Title 4033 Bradford Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78411 Work Address - Zip Code James Hernandez Suite or Apt State Postal Code 3615338124 Work Phone jamesmhernandez@yahoo.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 2003 Graduate of Moody High School Master Electrician Why are you interested in serving on a City board, commission or committee? To help grow small business Registered Voter? 6* Yes e No Current resident of the city? Yes c No 32 If yes, how many years? Upload a Resume Please upload any additional supporting documents James Hernandez Demographics Ethnicity 17 Hispanic Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree James Hernandez Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. James Hernandez CITY OF CORPUS CHRISTI Submit Date: Aug 26, 2016 Application for a City Board, Committee, or Commission Profile Richard Prefix First Name Email Address Bryan Stone Jr. Middle Initial Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Street Address City What district do you live in? * fJ District 5 WNWIMO 11111111.1§MMINI Primary Phone Alternate Phone Porter, Rogers, Dahlman & Gordon, PC 800 N. Shoreline, Suite 800S Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78401 Work Address - Zip Code Richard Bryan Stone Jr. Attorney- Partner Job Title Suite or Apt State Postal Code 361-880-5830 Work Phone Bstone@prdg.com Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. I previously served on the Planning and Zoning Commission for 6 years, and served as Chairman for 2 of those years. Education, Professional and/or Community Activity (Present) Doctrine of Jurisprudence; Board Certified in all areas of Real Estate Law by the Texas Board of Legal Specialization -(Commercial, Residential and Farm and Ranch); Currently a Board Member of NavyArmy Community Credit Union Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes r No 42 years If yes, how many years? 03-10-16 RBS-Resume.pdf Upload a Resume Richard Bryan Stone Jr. Please upload any additional supporting documents Demographics I Caucasian/Non-Hispanic Gender w Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Richard Bryan Stone Jr. Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Richard Bryan Stone Jr. R. BRYAN STONE EDUCATION Board Certification — Texas Board of Legal Specialization (1997) All areas of Real Estate Law including Residential Real Estate Law, Commercial Real Estate Law and Farm and Ranch Real Estate Law University of Houston Law Center (Doctrine of Jurisprudence, cum laude, 1986). Honors Order of the Barons American Jurisprudence Prize Awards (highest grade in class) — Torts, Constitutional Law University of Texas, Austin, Texas — Finance/Real Estate (1980) EMPLOYMENT Porter, Rogers, Dahlman & Gordon, P.C. (Current) Shareholder Attorney specializing in all areas of Finance/Banking Law including Loan Originations and Structuring, Loan Workouts, Collections and Foreclosures; Business Transactional Law; Corporate/General Business Law; all Areas of Real Estate -Residential and Transactions, Covenants, Conditions and Restrictions, Title, Condominiums, Commercial, Farm & Ranch, Land Use/Zoning; Collections; and Probate, Wills and Estates. Gary, Thomasson, Hall & Marks, P.C. (August 2009 -February 2011) Partner Attorney specializing in all areas of Finance/Banking Law including Loan Originations and Structuring, Loan Workouts, Collections and Foreclosures; Business Transactional Law; Corporate and General Business Law; all Areas of Real Estate — Finance/Banking, Title, Commercial, Residential and Farm and Ranch; Collections; and Wills and Estates. Bay Area Title Services (April 2010 -December 2011) Co -Owner and General Counsel Full Service Title Insurance Company closing Commercial, Residential and Farm and Ranch Real Estate transactions. Law Offices of R. Bryan Stone/ San Jacinto Closing Office (June 2001— April 2010) Owner Owner of law firm specializing in Business Transactional Law; Corporate/General Business Law; all areas of Real Estate and Finance/Banking; Real Estate Title Insurance Office closing commercial, residential and farm and ranch real estate transactions; Banking and Credit Unions/Financial Institutions. Law Offices of Stone & Stone, Inc. (1991 — June 2001) Co-founding Partner of this law firm with Richard B. Stone. My practice areas included Corporate Law, Real Estate Law, Banking/Financial Law (Commercial and Consumer); and other areas of legal transactional work. Cox & Smith, Inc. (1986 — 1991) San Antonio, Texas Attorney practicing in the law firm's Real Estate/Finance and Banking Section working on all types of real estate matters, representing Banks, Credit Unions and other Financial Institutions; Commercial, Farm and Ranch and Residential Law. PROFESSIONAL Membership and Activities AV Rating -Martindale -Hubbell Peer Review Ratings Admitted to practice before the United States District Court, Western District of Texas, and Southern District of Texas Fellow: Texas Bar Foundation Member of the Corpus Christi Bar Association Member of the American Bar Association Member of the State Bar Association PERSONAL Membership and Activities NavyArmy Commercial Credit Union -Board of Directors Member Buccaneer Commission -Commissioner; Board of Directors; Chairman of the Scholarship Committee City of Corpus Christi Planning and Zoning Commission (6 years) - Former Chairman Leadership Corpus Christi — Graduate of Class XXII Corpus Christi Texas Longhorn Foundation — Former President (1998- 2007) Corpus Christi Deaf Counsel — Former Board Member Corpus Christi Country Club — Former Board Member and Vice President Food Bank of Corpus Christi — Former Board Member 2 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Diana Summers Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone HOGAN HOMES Employer 400 MANN ST. Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City Work Address - State CHIEF FINANCIAL OFFICER Job Title Suite or Apt State Postal Code Diana Summers Page 1 of 5 78401 Work Address - Zip Code 512-994-8786 Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Why are you interested in serving on a City board, commission or committee? Registered Voter? 6. Yes r No Current resident of the city? fr Yes r No 4 If yes, how many years? Diana Summers Page 2 of 5 BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-Hispanic Gender I— Male r Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Diana Summers Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? IT Yes c No Diana Summers Page 4 of 5 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r1° Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Diana Summers Page 5 of 5 Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) CITY OF CORPUS CHRISTI Submit Date: Jul 03, 2017 Application for a City Board, Committee, or Commission Profile Kamran Zarghouni Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Not Submitted PLANNING COMMISSION: Submitted Street Address City What district do you live in? * fJ District 5 womanise 11111111MMIMI Primary Phone Alternate Phone KM PREMIER REAL ESTATE Employer 7009 s.staples ste102b Work Address - Street Address and Suite Number Corpus christi Work Address - City Tx Work Address - State Kamran Zarghouni Broker / Owner Job Title Suite or Apt State Postal Code 78413 Work Address - Zip Code 3619915263 Work Phone Kamranzarghouni@gmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Real Estate Broker Master in business administration Why are you interested in serving on a City board, commission or committee? Serving on a City board, commission or committee allows me the opportunity to serve my community proudly in area that i can offer insight and knowledge for the progress and further development of Corpus Christi. Registered Voter? Yes No Current resident of the city? rr Yes r. No 14 If yes, how many years? Kamran Zarghouni Bio.pdf Upload a Resume Kamran Zarghouni Please upload any additional supporting documents Demographics I Other Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I; I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Kamran Zarghouni Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? Yes r No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Kamran Zarghouni Kamran Zarghouni, President and Founder of K&M Premier Real Estate, Inc., has more than 15 years of progressively responsible experience directing as many as 30 employees for K&M Premier Real Estate and successfully selling over 500 homes. Kamran holds a Bachelor of degree from Texas A&M — Corpus Christi University and a Master of Business Administration (MBA) degree Texas A&M Commerce. When Kamran arrived in the United States 14 years ago he became immediately determined to make an impact in his career choice and his community. Instilled with the notion that anyone can succeed regardless of life's circumstances, Kamran has led K&M Premier Real Estate through start-up, survival, turnaround and growth modes. In an industry such as real estate where the changes in the market are ever evolving, Kamran is diligent and committed to his profession. As a passionate motivator with extensive industry knowledge, Kamran has championed his agents to strive to be the best in the real estate market. Not only are his interest in the success of his business but he also has a strong rooted interest in his community. Kamran and K&M Premier Real Estate participate in various community activities by donation and volunteering for programs such as American Cancer Association, The Ark, The American Heart Association and the Children's Diabetes Association, CCPD Operation Safe Return, Coastal Bend Wellness Foundation, the Hope House of Corpus Christi and other local organizations and fundraisers. Recently, he was honored and accepted into the Corpus Christi Young Business Association's 2018 40 Under 40 Class. Kamran's main passion has been to help children in need and it is because of this motivation that has made it his mission to continue building homes and business plazas in Corpus Christi, Texas, and the surrounding areas to ensure the growth of his community for a prosperous future for the next generation. He actively looks for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. A dedicated leader, community activist, and a family man, Kamran is enthusiastic to see the future of this city grow by leaps and bounds. City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Planning Commission makes and amends a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable during the forthcoming five-year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee (§10-17). This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction, and submits their recommendations to City Council. They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City's jurisdiction. DETAILS COMPOSITION Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms. Members elect a Chair from among its membership at the first regular meeting in August of each year. CREATION / AUTHORITY City Charter Art. 5, Sec. 1-6. The first Planning Commission ordinance was adopted in 1937 and has been amended several times, the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances; Ord. 022164, 2-28-95. MEETS Every other Wednesday, City Hall, Council Chambers, 5:30 p.m. TERM DETAILS Three-year staggered terms. DEPARTMENT Development Services COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION PLANNING COMMISSION Three (3) vacancies with terms to 7/31/20. Name Board Name Planning Commission Members July 11, 2017 Term End Date Attendance Carl Crull Heidi Hovda Marsha Williams PLANNING COMMISSION PLANNING COMMISSION PLANNING COMMISSION Seeking reappointment Seeking reappointment Seeking reappointment District 5 1 District 2 1 District 3 1 07/31/17 Member 07/31/17 Member 07/31/17 Member 95% 20/21 meetings 81% 17/21 meetings 81% 17/21 meetings Mike Lippincott PLANNING COMMISSION Active District 4 2 07/31/18 Vice -Chair Frank Hastings PLANNING COMMISSION Active District 5 Partial 07/31/18 Member Sheldon Schroeder PLANNING COMMISSION Active District 4 Partial 07/31/18 Member Jeremy Baugh PLANNING COMMISSION Active District 1 1 07/31/19 Member Daniel M. Dibble PLANNING COMMISSION Active District 5 1 07/31/19 Member Eric Villarreal PLANNING COMMISSION Active District 2 2 07/31/19 Chair Keith PLP RINI I Mg COMMISSION District 4 Corpus Christi AutoPlex 6422 South Padre Island Dr. Corpus Christi TX 361-334-7400 Yes 1 1 . — :., , _.. oe frig! Martin L. Evans PLANNING COMMISSION District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd., Ste. 560 Corpus Christi TX Yes Matthew C. Ezell PLANNING COMMISSION District 2 South Texas Building Partners 3817 S. Alameda, Ste. A Corpus Christi TX 361-299-5462 Yes Planning Commission Applicants July 11, 2017 Craig C. Hebner PLANNING COMMISSION District 1 Horton Automatic 4242 Baldwin Blvd. Corpus Christi TX 361-866-6719 Yes Jason Page PLANNING COMMISSION District4 Self -Employed 715 S. Tancahua Corpus Christi TX 361-589-9050 Yes Christopher J. Rabe PLANNING COMMISSION District 1 Texas A&M University -Kingsville 700 University Blvd. Kingsville TX 361-592860 Yes Gordon R. Robinson PLANNING COMMISSION District 4 Corpus Christi Regional Transportation Authority 602 N. Staples St. Corpus Christi TX 361-903-3483 Yes ' Morgan Spear PLANNING COMMISSION District4 Morgan Spear Associates 225 S. Carancahua Diana Summers PLANNING COMMISSION District4 Hogan Homes 400 Mann St. Kamran Zarghouni PLANNING COMMISSION District 5 KM Premier Real Estate 7009 S. Staples, Ste. 1026 Corpus Christi TX 361-883-5588 Corpus Christi TX 512-994-8786 Corpus christi TX 361-991-5263 Yes Yes Yes CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Martin L. Evans Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * lw District 5 viliffillaM11111 Primary Phone Alternate Phone Freedom Investment Counsel LLC 101 North Shoreline Blvd, STE 560 Work Address - Street Address and Suite Number Martin L. Evans Owner Job Title Page 1 of 5 Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Work Phone Marty@Freedom-ic.com Work E-mail address Preferred Mailing Address IW Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes c No Current resident of the city? Yes r No Martin L. Evans Page 2 of 5 50 If yes, how many years? City Board Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IW Unknown Gender fJ Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Martin L. Evans Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. IW I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1-J Financial Institutions 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) r• Yes r No Martin L. Evans Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you transportation disadvantaged? r� Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT. Have you resided in the District for at least 2 years? er Yes r No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? eYes c'No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? Yes r No Martin L. Evans Page 5 of 5 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe, the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS & ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S. Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+ personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston, Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non -criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama (Operation Just Cause) Aviation issues briefing officer for Commander US Army South; Aviation operations planning and coordination at senior Army command; planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras & El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written & verbal Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Information analysis and reporting Project development and oversight Budgeting EXPERINCE: May 2009 — Present Financial planning and analysis Training and Teaching Computer and Internet savvy Marketing and sales P & L analysis Registered Principle/Owner — Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995 -Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994 -Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991 -Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5 -person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight -state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991 -Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990 -Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986 -Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston, TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite Windows NT MS Word MS Excel Group one life & annuity insurance license Education: NASD Series 7 Series 63 ACT Contact Management data base MS PowerPoint Series 65 Series 31 Investment Management Consultant Internet savvy Graduated Calallen Highschool 1969, BS in Political Science & History ED, Texas A & I University, Distinguished Military Graduate; Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Matthew C Ezell Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 2 Primary Phone Alternate Phone South Texas Building Partners President Employer Job Title 3817 S Alameda, Ste A Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78411 Work Address - Zip Code Matthew C Ezell Suite or Apt State Postal Code Page 1 of 5 3612995462 Work Phone mce@stbp.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, I am currently chairman of the Building Standards Board, in the third year of my three year term. Education, Professional and/or Community Activity (Present) I attained my undergraduate degree at Texas A&M University in College Station in 2005 (bachelor of science in economics) and my masters degree at Texas A&M University - Corpus Christi in 2010 (master of business administration). I was employed by a Corpus Christi -based general contractor from 2005 to July 2012, when I left to start my own general contracting firm South Texas Building Partners. Community Activity has been a big part of my life, especially since moving to Corpus Christi. I have enjoyed serving on and chairing the Building Standards Board. I have also served as president of the South Texas Chapter of the AGC, vice president of the Nueces County A&M Club (Aggie alumni group), and co-chairman of Corpus Christi Cattle Baron's Ball. I am a graduate of Leadership Corpus Christi class 39, and have been active in participating and supporting numerous other causes. Why are you interested in serving on a City board, commission or committee? Registered Voter? t= Yes r No Current resident of the city? r•` Yes c No 11 years If yes, how many years? Matthew C Ezell Page 2 of 5 resume 2016-04-05.pdf Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-Hispanic Gender w Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Matthew C Ezell Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Matthew C Ezell Page 4 of 5 Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Matthew C Ezell Page 5 of 5 SI South Texas sr Building Partners Matthew Christo her Ezell Experience July 2012- STBP, Inc. dba South Texas Building Partners Present President • Build business from concept through business plan, funding, and into operations • Strategic planning • Communication of and direction toward pursuit of mission/vision • Remove obstacles to the success of our partners • Lead all business operations June 2005 - July 2012 Corpus Christi, Texas Ewing Construction Co., Inc. Corpus Christi, Texas Assistant Project Manager, Project Manager, Project Executive, Corporate Secretary/Treasurer • Balance all aspects of over 1,350,000 sq ft of remodel work and over 550,000 sq ft of new construction/renovation in the retail, educational, government, office, and light industrial sectors totaling more than $85 million of work in place Activities/Affiliations • Associated General Contractors - South Texas Chapter, Board Member and 2016 President • City of Corpus Christi Building Standards Board, Member/Chairman • American Institute of Constructors, Member/CPC (Certified Professional Constructor) • US Green Building Council - Texas Gulf Coast Chapter - Coastal Bend Branch, Member/LEED Green Associate • Design -Build Institute of America, Member/Assoc. DBIA • The Episcopal Church of the Good Shepherd, Member • Cattle Baron's Ball Corpus Christi, Committee Member and 2015 Co -Chairman • Cattle Baron's Ball Advisory Committee (comprised of past chairs), Member • Leadership Corpus Christi Alumni Association, Member • Alumni Association of Texas A&M University - Corpus Christi, Member • The Association of Former Students of Texas A&M University, Member • Nueces County A&M Club, Member, Past Vice President of Finance/Fishing Tournament Chair/Trustee • Friends of Corpus Christi Public Libraries, Member • Coastal Conservation Association, Member • Ducks Unlimited, Member Certifications/Accreditations • MBA • Assoc. DBIA • CPC • LEED Green Associate • CPR/AED/First Aid • OSHA 10 Hour • Basic Orientation Plus Education Texas A&M University Bachelor of Science in Economics, Minor in Business Administration, May 2005 Texas A&M University - Corpus Christi Master of Business Administration, August 2010 Training, References, and Project Experience Available upon request College Station, Texas Corpus Christi, Texas SI South Texas sr Building Partners Training Work References USGBC Energy Efficiency for Existing Buildings, April 2016 American Heart Association CPR/AED/First Aid, Corpus Christi TX, April 2016 AGC Competing on Business Analytics, March 2016 AGC Construction Contract Claims: Lessons Learned from the Battlefield, March 2016 AGC Lean Construction for Executives, March 2016 USGBC Principles of LEED (EB: 0+M): Materials and Resources, May 2014 USGBC Principles of LEED (BD+C and ID+C): LEED Implementation, May 2014 USGBC Integrative Process: Closing the Gaps, May 2014 Basic Orientation Plus, Corpus Christi TX, May 2014 American Heart Association CPR/AED/First Aid, Corpus Christi TX, March 2014 LEED 201: LEED Core Concepts & Strategies, May 2012 OSHA 10 Hour Construction Industry Outreach, Corpus Christi TX, March 2012 Leadership Corpus Christi Class 39, Corpus Christi TX, August 2010 through May 2011 FMI Leadership Institute, Florissant CO, May 2011 American Red Cross CPR/AED/First Aid, Corpus Christi TX, February 2011 IMS Advanced Project Management in Primavera P6, Houston TX, October 2010 IMS Project Management in Primavera P6, Houston TX, September 2010 USACE Construction Quality Management for Contractors, Corpus Christi TX, July 2009 DBIA Designated Design -Build Professional Boot Camp, San Luis Obispo CA, September 2008 Dale Carnegie Course, Corpus Christi TX, December 2007 FMI Young Managers Institute, Raleigh NC, November 2007 FMI Project Manager Academy, Raleigh NC, December 2006 Mark Luddeke, Principle, Luddeke Architectural Design Group, 361-249-3681 William McCord, Principle, WKMC Architects, 361-887-6696 Will Klatt, President, Ambrose Construction, 361-299-6262 Terry Allison, President, Allison Flooring America, 361-855-4781 Vicki George, CFO, London ISD, 361-855-0092 Michael Owens, Regional Manager, CCC Group, Inc., 361-289-5155 Personal References Brett Blanchard, 713-444-3781 Chet Freeman, 361-549-8522 Kathy Killebrew, 361-991-3146 SI South Texas sr Building Partners Project Experience - Ewing Construction Co., Inc. Firm Role Project Location Contract Value ECCI Asst. Proj. Mgr. Sears Grand Austin TX $ 9,339,720 ECCI Proj. Mgr. Wal-Mart #249 Remodel Cleveland TX $ 698,567 ECCI Proj. Mgr. Wal-Mart #228 Remodel Cleburne TX $ 1,215,067 ECCI Proj. Mgr. Wal-Mart #3224 Remodel Garland TX $ 772,769 ECCI Proj. Mgr. Wal-Mart #3213 Remodel The Woodlands TX $ 920,183 ECCI Proj. Mgr. Wal-Mart #2649 Remodel Irving TX $ 1,172,901 ECCI Proj. Mgr. Randall's #1066 Remodel Houston TX $ 1,472,079 ECCI Proj. Mgr. CVS Pharmacy #7471 Corpus Christi TX $ 2,225,754 ECCI Proj. Mgr. Sam's Club #8248 Special Project Dallas TX $ 102,036 ECCI Proj. Mgr. Wal-Mart #2864 Remodel San Antonio TX $ 1,439,505 ECCI Proj. Mgr. Wal-Mart #5165 Restroom Remodel Alamo TX $ 222,877 ECCI Proj. Mgr. Wal-Mart #1175 Restroom Remodel Flagstaff AZ $ 222,917 ECCI Proj. Mgr. Popeyes Chicken & Biscuits Corpus Christi TX $ 700,362 ECCI Proj. Mgr. Stripes #2101 Corpus Christi TX $ 1,020,584 ECCI Proj. Mgr. Cavender's Boot City Corpus Christi TX $ 427,282 ECCI Proj. Mgr. Cavender's Western Outfitter McAllen TX $ 1,194,796 ECCI Proj. Mgr. Plaza 410 Renovation South Padre Island TX $ 82,748 ECCI Proj. Mgr. Texas Champion Bank Headquarters Corpus Christi TX $ 7,341,930 ECCI Proj. Mgr. London ISD Middle School Addition Corpus Christi TX $ 5,304,410 ECCI Proj. Mgr. Tuloso-Midway ISD Tennis Courts Corpus Christi TX $ 2,361,004 ECCI Proj. Mgr. Tuloso-Midway High School Addition Corpus Christi TX $ 4,693,314 ECCI Proj. Mgr. Tuloso-Midway Middle School Corpus Christi TX $ 6,935,795 ECCI Proj. Mgr. Del Mar College Fine Arts PCS Corpus Christi TX $ 37,500 ECCI Proj. Mgr. CCISD Zavala Elementary School Corpus Christi TX $12,721,947 ECCI Proj. Mgr. SNAP Reichhold Chemie Hausen, Switzerland $ 3,440,200 ECCI Proj. Exec. Texas A&M -CC Tennis Center Corpus Christi TX $ 2,523,761 ECCI Asst. Proj. Mgr. NAVFAC - CCAD Rotor Blade Facility Corpus Christi TX $10,325,000 ECCI Proj. Exec. Coastal Drilling Additions Corpus Christi TX $ 521,933 ECCI Proj. Exec. Texas Workforce Commission Fence Corpus Christi TX $ 67,619 ECCI Proj. Exec. Texas Champion Bank Drive-thru ATM Corpus Christi TX $ 37,226 ECCI Proj. Exec. Wings n' More Corpus Christi TX $ 1,410,331 ECCI Proj. Exec. Jim Hogg County Street Improvements Hebbronville TX $ 259,660 ECCI Proj. Exec. Ashley Furniture Home Store Corpus Christi TX $ 833,476 ECCI Asst. Proj. Mgr. TPCO America - Pipe Finishing Facility Gregory TX $28,000,000 Project Experience - STBP, Inc. dba South Texas Building Partners See attached CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Keith Heavilin Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CIVIL SERVICE BOARD: Not Eligible CIVIL SERVICE COMMISSION: Not Eligible PLANNING COMMISSION: Submitted MARINA ADVISORY COMMITTEE: Submitted Street Address 111111111.111.11111 Suite or Apt State City Postal Code What district do you live in? * 1W District 4 1111 11111111101W11111 Primary Phone Alternate Phone Corpus Christi AutoPlex General Manager Employer Job Title 6422 SPID Work Address - Street Address and Suite Number Corpus Christi Work Address - City Keith Heavilin Page 1 of 5 TX Work Address - State 78418 Work Address - Zip Code 3613347400 Work Phone keith@ccautoplex.com Work E-mail address Preferred Mailing Address rJ Home/Primary 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) Why are you interested in serving on a City board, commission or committee? Registered Voter? (= Yes c No Current resident of the city? Yes No 1 If yes, how many years? Keith Heavilin Page 2 of 5 Keith Heavilin Resume 2016.docx Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-Hispanic Gender w Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Keith Heavilin Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? rYes 6 No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? r Yes t: No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? Yes No Keith Heavilin Page 4 of 5 Question applies to MARINA ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the Above Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Keith Heavilin Page 5 of 5 Keith Heavilin WORK EXPERIENCE General Manager CC AutoPlex, Corpus Christi, TX April 2016 -Present • Oversee all operations of a start-up buy -here -pay -here car dealership, related finance company, and service shop • Responsible for establishing and implementing all processes and procedures to insure a profitable and compliant dealership and finance company. • Responsible for vehicle procurement, sales and collection operations and all accounting and financials. General Manager Smart Auto Inc., Knoxville, TN June 2010- May 2015 • Oversaw all operations of bicoastal, $38 million portfolio buy -here -pay -here car dealership, related finance company, and service shops • Directly managed 15 key managers including Sales, Service, Finance, General Counsel, Business Development, and Dealer Support personnel • Responsible for growing portfolio by 30% in 5 year tenure as General Manager Supported four full-service car dealership locations, hired key managers, developed and executed successful operational policies and procedures in all departments • Continually identified areas of improvement throughout the organization, developed strategic plan for improvement, managed process until goal metrics were reached Service Manager Smart Auto Inc., Knoxville, TN January 2010 • Changed parts ordering process to save $250,000 per year per location • Established Asset Management performance metrics and buying guides for buyers in all locations • Streamlined reconditioning process of assets to reduce cost by $250 per unit • Exceeded all established performance goals while reducing overhead and employee headcount Customer Relationship Manager/Underwriter Smart Auto Inc., Knoxville, TN August 2009 • Responsible for daily, weekly, and monthly collection goals including: cash collected, delinquency, repossessions, and charge offs. • Performed all underwriting of vehicle loans on site to buy from related sales company • Maintained relationships with customers throughout life of auto loan ensuring timely payments to the finance company SKILLS EDUCATION • Proficient manager of teams and individuals • Highly adaptable to new and changing conditions • Expert at finding bad/inefficient processes and procedures and implementing corrections for efficiency and profitability • Expert user of FEXDMS, Dialing Systems, Accurint, GPS Tracking Systems University of Tennessee, Knoxville, Tennessee CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Committee, or Commission Profile Prefix Craig First Name Email Address C Middle Initial Hebner Last Name Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Street Address Suite or Apt State City Postal Code What district do you live in? * 1? District 1 Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address - Street Address and Suite Number Craig C Hebner Page 1 of 6 Corpus Christi Work Address - City Texas Work Address - State 78405 Work Address - Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address w Home/Primary 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) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Registered Voter? Yes r No Current resident of the city? Yes c No Craig C Hebner Page 2 of 6 37 If yes, how many years? Craig Resume 5-1-16 2 .docx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender I Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Craig C Hebner Page 3 of 6 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 1W None of the above Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Have you held public office during the past 3 years? r Yes •No Craig C Hebner Page 4 of 6 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION. Are you over 25 years of age? r1° Yes r No Question applies to CLEAN CITY ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * I� None of the above Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? fr Yes r No Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * J Not Connected with Oil and Gas Well Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Craig C Hebner Page 5 of 6 Question applies to WATER RESOURCES ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 6 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 — Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review proj ects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study j ob specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction proj ects • Prepare and submit budget estimates and progress / cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out • Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 — January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed • Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids 2009-2012 Lead Engineer Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well -bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Combat Lifesavers Course Combat Controller Basic EMT Course Range Safety Officer Heavy Equipment Operators Course School of Infantry Marine Corps Leadership School Flight Deck Safety Course Crane & Riggers Course Offshore Safety Certification A.R.C. CPR and First Aid Certification Tetra Mud School Tetra Well Control School Fluid Engineer School Defensive Driving Plant Operations Course PEC SafeGulf PEC SafeLand Offshore Safety Certification IADC Global Leadership Course Forklift Certification Rig Pass HSE Safety CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Jason Prefix First Name Email Address Middle Initial Page Last Name Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone Self Employed Owner / Principal Employer Job Title 715 S Tancahua Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Suite or Apt State Postal Code Jason Page Page 1 of 4 3615899050 Work Phone jasondavidpage@gmail.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? Registered Voter? rYes cNo Current resident of the city? r Yes c No 32 If yes, how many years? Jason Page Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Jason Page Page 2 of 4 w Caucasian/Non-Hispanic Gender • Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ▪ I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Jason Page Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Jason Page Page 4 of 4 JASON PAGE SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography. Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity & Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 03 / 2010 - Present Owner, Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively, while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01 / 2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 03 / 2012 - Present Inventory & Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management - I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management - I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 / 2008 - 03 / 2010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel, billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10/ 2006 - 01 / 2008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY -CORPUS CHRISTI None , GIS / Geomatics GIS / Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO / CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET Falck Safety Services (US) SAFELANDUSA PEC Safety • License: PEC100474939 SAFEGULF PEC Safety • License: PEC100474939 TWIC Transportation Security Administration (TSA) • German • English LANGUAGES PUBLICATIONS 2002 - 2006 1998 - 2002 02 / 2014 02 / 2014 02 / 2014 12 / 2015 - 12 / 2020 THE BEND MAGAZINE Gemstone Media, LLC / Jordan Regas Authors: Jason http://issuu. com/thebendmag/docs/tb_06_ 14_online/5?e =11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager t 06 / 2014 Page • o visit our famil)s barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed enjoying an ice cold beer and having a good of time. Then we got a few posed and natural / candid them against some 200 year old doors and a 60 year old hut with the Texas flag painted on the side. THE ONE BRIDE GUIDE McCleod Creative Authors: Jason http://www.theonebrideguide.com/magazine/Vol7_Issue2/TheOne_Vol7Issue2 Final_web.pdf Roger and his dad shots of the two of 06 / 2014 Page • I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color". I wanted to literally bring that pop to the cover by including brightly colored, 24" balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 10/ 2012 Self Published • Authors: Jason Page • http://photosjasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup & Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang -hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM - July 2011 • Authors: Jason Page, Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jun 08, 2017 Application for a City Board, Committee, or Commission Profile Christopher J Rabe Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone Texas A&M University -Kingsville Instructor Employer Job Title 700 University Blvd Work Address - Street Address and Suite Number Kingsville Work Address - City Texas Work Address - State 78363 Work Address - Zip Code Suite or Apt State Postal Code Christopher J Rabe Page 1 of 4 361592860 Work Phone christopher.rabe@tamuk.edu Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not applicable Education, Professional and/or Community Activity (Present) Delta Chi Fraternity, Academic Advisor Tennis Club, Academic Advisor Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City Board because I believe I would like to serve at the civic level in the city I reside in. In addition, my academic and professional background is in industrial engineering and I believe that I could benefit serving the city board. Registered Voter? ▪ Yes No Current resident of the city? ▪ Yes c No 0 years, 3 months If yes, how many years? Resume CJR.pdf Upload a Resume Please upload any additional supporting documents Christopher J Rabe Page 2 of 4 Demographics Ethnicity 17 Hispanic Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Christopher J Rabe Page 3 of 4 Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. iw I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Christopher J Rabe Page 4 of 4 CHRISTOPHER JUSTIN RABE PERSONAL SKILLS 1 Safety Auditing, Industrial Hygiene, Environmental Compliance, Invoicing, Chemicals, DOT Compliance, Quality Control/Assurance, JSA and Permit writing, Monitor Exposure Limits, Risk Management, Company Presentations, Government Regulation Compliance. EDUCATION Master of Science, Major: Industrial Engineering (Major GPA: 3.6) Texas A&M University -Kingsville Graduated Date: December 11, 2015 Bachelor of Science, Major: Industrial Management and Technology Engineering; Minor: Business Administration (Major GPA: 3.4) Texas A&M University -Kingsville Graduated Date: December 14, 2012 PROFESSIONAL EXPERIENCE Jacobs Engineering (Celanese plant), Bishop, Texas Oct, 2014 -Present Health & Safety Specialist . Developed and Implementing Safety Employee Management Tracker (EMT) Training, Employee profile, and Accident Investigations Database for all of Brock/ Jacobs Celanese sites Bishop, TX . PSM experience and developing and updating SOP's . Safety oversight on Ibuprofen (cGMP) warehouse practices packaging and transportation (DOT) . Safety oversight on Formaldehyde warehouse practices packaging and transportation (DOT) . Safety oversight on manufacturing raw plastic pellets Special and Natural . In charge of Safety Committee Audits and Review . Inspection on Safe work permits . Job audits done on a daily basis . Conducted QC/QA Investigations on a number of maintenance projects . Conducted tool box safety meetings in the field . Follow Brock and Jacobs policies along with Celanese standards . Supervise Welders, Boiler Makers, Pipe Fitters, Scaffold Builders and Insulators on a day to day Basis on Safety regulations. . On site safety for turnarounds work being done in plant . Conducted risk assessments to manager injury prevention . Collects and analyzes HSE data specific to projects group. . Delivers safety meetings weekly to professional services organization . Provides general HSE guidance to project group relating to process safety, construction safety specific to each location . Responsible for incident reporting and case management for each location . Safety Evaluation Report for Daily safety audits . Responsible for representing Jacobs Safety in "Planning, Health, Safety, Security, Environmental, Right" (PHSSER) meetings with client focusing on constructability and risk assessment . Responsible for creating HAPs (Hazard Assessment Plans) . Responsible for collection, review and corrective actions of all Safety Observations turned in from professional services organization . Collects and documents industrial hygiene information: (monitoring data, targeted IH monitoring, vent plans Environmental Evolutions National, Robstown, Texas Environmental Health & Safety Engineering Specialist . Operated ISNetworld Compliance, Veriforce, and PICS Auditing for New and existing customer score cards . Operate and update OSHA 300 logs. . DOT Auditing to insure Company compliance . Conducted QC/QA on Frack tanks and DOT trucks . Environmental Compliance and Auditing to meet TCEQ and EPA regulations . Facilitated operational compliance with EEN standards, policies, along with OSHA, TCEQ, EPA, ANSI regulations . Conducted tool box safety meetings in the field and yard . Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations . Coordinated environmental waste management excavation for hazardous materials clean-up and facilitated . Roll -off Box wash out along with disposal of waste. . Conducted continuous air monitoring quality checks with four gas meter H2S, LEL, 02, CO . Acid Frack tank clean out of confined space on a daily basis. . Industrial Hygiene monitoring using ULTRA RAY 3000 meter for (Benzene) . Supervised and audited EEN crews. • implemented the utilization of work permits and Job Safety Analysis (JSA) • Systematized audits on work permits and job safety analysis for the EEN District • Conducted risk assessments to manager injury prevention. . Investigated Accidents involving personal injury and vehicle collision . Developed and Executed Monthly Environmental, Health and Safety presentations to provide continuing education to EEN employees June 2014 -Oct 2014 Schlumberger, Alice, Texas March 2013 -May 2014 Health Safety & Environmental Specialist . Facilitated operational compliance with Schlumberger standards, policies, and OSHA regulations . Investigated Site and DOT accidents . Conducted QC/QA Investigations on Iron and Chemicals . DOT Auditing to insure Company compliance . Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations . Coordinated environmental waste management excavation for hazardous materials clean-up . Supervised and audited Schlumberger crews on multiple frack and Cement locations . Supervised District Bulk Plant, Shop, & Maintenance to ensure that safety procedures were followed and PPE was being utilized correctly • implemented the utilization of work permits and job safety analysis (JSA) • Systematized audits for work permits and job safety analysis for the Alice Schlumberger District • Conducted risk, health, safety, and environmental presentations to provide continuing education to Schlumberger employees on a regular basis • Generated investigation reports with various company representatives (BHP Billiton, Marathon, & Conoco Phillips) to mitigate future accidents Field Financial Administrator • Maintained inventory for field operations, including: Fracturing chemicals, PPE, chemical shipping papers, operational parts, etc. • Coordinated field logistical support ordering Equipment as needed . Conducted QC/QA to make sure product was performing to operational standards . Invoicing for each Fracturing stage that was done on site for customer; each fracturing stage was invoiced over $100,000 dollars 12 stages • Audited field chemicals to ensure quotes were accurate for cost efficiency for the company • Collaborated with Field Engineers, Field Supervisors, and various Company Representatives for field operation effectiveness and efficiency • Conducted Quality Control/Quality Assurance for field operations inventory including Equipment and chemicals Texas A&M University -Kingsville, Texas Student . Master of Science, Major: Industrial Engineering Texas A&M University -Kingsville, Texas Student . Bachelor of Science, Major: Industrial Management and Technology . Industrial Field Safety Certification . Oil Field Certification ORGANIZATION . Junior Achievement Organization of South Texas -2016 CERTIFICATIONS (OSHA) General Industry 30 hour PEC Basic Safety Awareness Orientation TWIC Card 112S certified HONORS AND AWARDS Oil Field Service Certificate Field Safety Certificate Adult First Aid/CPR/AED (American Red Cross) current Dean's List, Texas A&M University -Kingsville, Spring 2012 • Society of Manufacturing Engineers, Vice President 2011-2012 COMPUTER & NETWORK SKILLS Computer Skills: Windows XP, Access Database, Microsoft Office Suite, CAD/CAM, SolidWorks Network Skills: ISNetworld Compliance, Veriforce Compliance, PICS Auditing CITY OF CORPUS CHRISTI Submit Date: Jun 29, 2017 Application for a City Board, Committee, or Commission Profile Gordon R Robinson Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority 602 N. Staples St. Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78401 Work Address - Zip Code Director of Planning Job Title Suite or Apt State Postal Code Gordon R Robinson Page 1 of 5 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address F? Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on a City board, commission or committee. I do serve as a member of the Board of Directors with my home owner association which is the Tropic Isles HOA in Flour Bluff. Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. I enjoy serving the community as a CCRTA professional. I've talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I've confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. Gordon R Robinson Page 2 of 5 Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on the Planning Commission are to improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on the Planning Commission, I believe that I have the background and professional knowledge to make a positive impact. Registered Voter? IT Yes c No Current resident of the city? Yes No 3.5 If yes, how many years? Gordon Robinson Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Eta 17 Caucasian/Non-Hispanic Gender w Male Verification Gordon R Robinson Page 3 of 5 City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1J I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Gordon R Robinson Page 4 of 5 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? o Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Gordon R Robinson Page 5 of 5 Gordon Robinson, PMP • • SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013 -Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas. ■ Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets. ■ Effectively manage an annual budget of approximately $425,000 and department staff. ■ Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year. ■ Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients. ■ Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries. ■ Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc. ■ Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts. ■ Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling. ■ Support the completion of FTA Triennial and Federal Certification Reviews. ■ Conduct customer outreach to inform public and other stakeholders of service improvements and changes. ■ Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California. ■ Developed the Planning Department's annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes. ■ Directed and managed the Agency's planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts. ■ Served as Project Manager for the 10 -year RTA Forward Transit Plan to develop service improvements. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL. ■ Served as Project Manager for a scheduling services three year contract totaling approximately $536,000. ■ Developed and submitted state and federal grant applications. ■ Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20 -year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five -Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed -flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. ...continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. • Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. • Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. • Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. • In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central -Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. • Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. • Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. • Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: • 2017-18 Leadership Corpus Christi Class 46 Participant • 2016-17 Texas Transit Leadership Initiative Graduate • Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops • Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV • 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA • Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee • Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute • Member of the Corpus Christi MPO Technical Advisory Committee • Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX • Competent Communicator Award with Toastmasters International • Member of the 2011-2012 OCTA Leadership Academy • Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 08, 2016 Application for a City Board, Committee, or Commission Profile Morgan Prefix First Name Email Address Middle Initial Spear Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Street Address City What district do you live in? * IW District 4 W1111111111=1111111 ,N1111111111111 Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES 225 S. CARANCAHUA Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State PRESIDENT Job Title Suite or Apt State Postal Code Morgan Spear Page 1 of 5 78401 Work Address - Zip Code 361-883-5588 Work Phone Work E-mail address Preferred Mailing Address iw Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes r No Current resident of the city? Yes r No Morgan Spear Page 2 of 5 56 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Ethnicity IP' Caucasian/Non-Hispanic Gender r Male F Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Morgan Spear Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes r No Morgan Spear Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Morgan Spear Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Committee, or Commission Profile Diana Summers Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Street Address City What district do you live in? * IW District 4 Primary Phone Alternate Phone HOGAN HOMES Employer 400 MANN ST. Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City Work Address - State CHIEF FINANCIAL OFFICER Job Title Suite or Apt State Postal Code Diana Summers Page 1 of 5 78401 Work Address - Zip Code 512-994-8786 Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Why are you interested in serving on a City board, commission or committee? Registered Voter? 6. Yes r No Current resident of the city? fr Yes r No 4 If yes, how many years? Diana Summers Page 2 of 5 BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-Hispanic Gender I— Male r Female Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Diana Summers Page 3 of 5 Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 1? I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a qualified elector* of the City? IT Yes c No Diana Summers Page 4 of 5 Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? r1° Yes c No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Diana Summers Page 5 of 5 Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) CITY OF CORPUS CHRISTI Submit Date: Jul 03, 2017 Application for a City Board, Committee, or Commission Profile Kamran Zarghouni Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Street Address City What district do you live in? * fJ District 5 Primary Phone Alternate Phone KM PREMIER REAL ESTATE Broker / Owner Employer Job Title 7009 s.staples ste102b Work Address - Street Address and Suite Number Corpus christi Work Address - City Tx Work Address - State 78413 Work Address - Zip Code Kamran Zarghouni Suite or Apt State Postal Code 3619915263 Work Phone Kamranzarghouni@gmail.com Work E-mail address Preferred Mailing Address F? Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Real Estate Broker Master in business administration Why are you interested in serving on a City board, commission or committee? Serving on a City board, commission or committee allows me the opportunity to serve my community proudly in area that i can offer insight and knowledge for the progress and further development of Corpus Christi. Registered Voter? ▪ Yes No Current resident of the city? ▪ Yes c No 14 If yes, how many years? Kamran Zarghouni Bio.pdf Upload a Resume Please upload any additional supporting documents Kamran Zarghouni Demographics Ethnicity Other Gender IW Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Kamran Zarghouni Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Yes No Kamran Zarghouni Kamran Zarghouni, President and Founder of K&M Premier Real Estate, Inc., has more than 15 years of progressively responsible experience directing as many as 30 employees for K&M Premier Real Estate and successfully selling over 500 homes. Kamran holds a Bachelor of degree from Texas A&M — Corpus Christi University and a Master of Business Administration (MBA) degree Texas A&M Commerce. When Kamran arrived in the United States 14 years ago he became immediately determined to make an impact in his career choice and his community. Instilled with the notion that anyone can succeed regardless of life's circumstances, Kamran has led K&M Premier Real Estate through start-up, survival, turnaround and growth modes. In an industry such as real estate where the changes in the market are ever evolving, Kamran is diligent and committed to his profession. As a passionate motivator with extensive industry knowledge, Kamran has championed his agents to strive to be the best in the real estate market. Not only are his interest in the success of his business but he also has a strong rooted interest in his community. Kamran and K&M Premier Real Estate participate in various community activities by donation and volunteering for programs such as American Cancer Association, The Ark, The American Heart Association and the Children's Diabetes Association, CCPD Operation Safe Return, Coastal Bend Wellness Foundation, the Hope House of Corpus Christi and other local organizations and fundraisers. Recently, he was honored and accepted into the Corpus Christi Young Business Association's 2018 40 Under 40 Class. Kamran's main passion has been to help children in need and it is because of this motivation that has made it his mission to continue building homes and business plazas in Corpus Christi, Texas, and the surrounding areas to ensure the growth of his community for a prosperous future for the next generation. He actively looks for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. A dedicated leader, community activist, and a family man, Kamran is enthusiastic to see the future of this city grow by leaps and bounds. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: TO: Margie C. Rose, City Manager May 25, 2017 THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ratification to Professional Services Contract Amendment Mary Rhodes Pipeline Phase 2 Capital Improvement Program CAPTION: Motion authorizing the City Manager or designee to execute a ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of $16,594,474 for the Mary Rhodes Pipeline Phase 2 (MRPP2) for construction management services. Capital Improvement Program (CIP) PURPOSE: The purpose of this agenda item is to obtain ratification of a professional services contract amendment. BACKGROUND AND FINDINGS: CIP Description: In 1992, the City entered into an option agreement for the purchase of up to 35,000 acre-feet per year of water rights from the Garwood Irrigation Company. Use of the water requires routing transmission facilities from the Colorado River to the Mary Rhodes Pipeline at a point just downstream of Lake Texana. Phase 1 (Delivery Options Study), Phase 2 (Permit Application) and Phase 3 (Land Acquisition) are complete. Design was complete in Fiscal Year 2013. Construction contracts were awarded in Fiscal Year 2014 and started in 2014. They will be complete in early Fiscal Year 2017. Project Background: In February 2014, City Council awarded two Construction Contracts for the Mary Rhodes Phase 2 project. Contract 1 included the pipeline work and was awarded to Garney Companies. Contract 2 included the intake, two pump stations and a sedimentation basin. Contract 2 was awarded to Oscar Renda Contracting. City Council also awarded a contract to Freese and Nichols, Inc. to serve as the Construction Manager for both projects. Although the project was successfully completed, the Oscar Renda construction went well beyond the contract period of performance. The construction delays required additional construction oversight services by Freese & Nichols. This item provides ratification of a final amendment for the extended construction oversight services. The details of the construction contracts are shown in the table below. Contractor Description Award Amount Construction Contract Terms Actual Completion Garney Companies Pipeline Sections$ A, B & C 84,121,405 Start: April 2014 Finish: August 2015 August 2015 Oscar Renda Contracting Pump Stations & Sedimentation Basin $ 29,167,288 Start: April 2014 Finish: June 2015 September 2016 (Final: Feb 2017) The Oscar Renda contract provided for $3500 per day liquidated damages (LD's) and the contractor has gone 563 days beyond their contract completion date. The intent of the LD clause is to make the City whole for any additional costs incurred as a result of a contractor's inability to complete a project on time. Negotiations are ongoing with the Oscar Renda regarding the assessment of LD's and final closeout requirements. Currently retained amounts from Oscar Renda are more than adequate to cover the cost of the Freese & Nichols amendment. The details of the engineering and construction management contract with Freese & Nichols, Inc. are shown in the table below. Freese & Nichols, Inc. — Overall Construction Management Services Contract Description Amount Original and Amendments No. 1 - 16 Overall design, construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $ 15,990,992 On-site construction inspection Pump Station and Sedimentation Basin and Pipeline Section C. No. 17 (Proposed) Extended construction management, testing and engineering services for Pump Station/Sedimentation Basin and Pipeline Sections A, B and C. $ 603,482 On-site representation providing continuous monitoring of all construction activities including investigation and assessment on repairing the six million gallon GST. Total $ 16,594,474 ALTERNATIVES: 1. Authorize the execution of the professional services contract. (Recommended) 2. Do not authorize the execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Due to the uncertainty of construction completion for the pump station and sedimentation, this amendment contract is a ratification item to completion of punch list correction. 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 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 153,462,300 13,961,700 167,424,000 Encumbered / Expended Amount 153,462,300 153,462,300 This Item 603,482 603,482 Future Anticipated Expenditures This Project 1,439,066 1,439,066 BALANCE 0.00 11,919,152 11,919,152 Fund: Water Supply CIP No. 1 Comments: This project is anticipated to be fully complete in July 2017. RECOMMENDATION: City Staff recommends approval of the ratification of Amendment No. 17 to the professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $603,482 for a total restated fee of $16,594,474 for the Mary Rhodes Pipeline Phase 2 for construction management services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Form 1295 (in contract) Presentation PROJECT BUDGET ESTIMATE Mary Rhodes Pipeline Phase 2 PROJECT FUNDS AVAILABLE: Texas Water Development Board Loan $ 7,964,100 Water Revenue Bonds 159,459,900 TOTAL $ 167,424,000 FUNDS REQUIRED: Construction Fees. 119,180,850 Construction for Pipeline Sections A, B, and C 84,121,405 Change Order No. 1 99,923 Change Order No. 2 460,933 Construction for Pump Stations/Sedimentation Basin 29,167,288 Change Order No. 1 96,083 Change Order No. 2 330,019 Construction Contingency Remaining (5%) 4,677,477 Pump Station Pumps and Motors (Smith Pump Company, Inc.) (5% remaining cost)* 227,722 Design. 11,580,440 Engineer Design** 11,580,440 Construction Managemment and Observation. 6,693,976 Construction Management/Observation Services (FNI) INCLUDES THIS AMENDMENT 5,014,034 Construction Observation 1,679,942 Other 12,173,000 Legal Services*** 812,500 Land Acquisition 9,860,500 AEP Transmission Line Relocation**** 1,500,000 Reimbursements. 5,876,582 Contract Administration (Engineering/Finance/Capital Budget) 1,674,240 Engineering Services (Project Mgt/Constr Mgt) 3,850,752 Misc. (Printing, Advertising, etc.) 351,590 TOTAL 155,504,848 ESTIMATED PROJECT BUDGET BALANCE $ 11,919,152 *Purchase approved by City Council on December 10, 2016 by Motion No. M2013-179 **Original design contract approved by City Council on October 28, 2003 by Motion No. M2003-394 **Amendment No. 1 approved by City Council on October 19, 2004 by Motion No. M2004-387 **Amendment No. 2 approved by City Council on Decemberr 18, 2007 by Motion No. M2007-334 **Amendment No. 4 approved by City Council on March 9, 2010 by Motion No. M2010-051 **Amendmet No. 9 approved by City Council on July 30, 2013 by Motion No. M2013-125 ***Legal Services approved by City Council on July 12, 2011 by Motion No. 2011-164 ****AEP agreement approved by City Council on December 17, 2013 by Motion No. M2013-195 Colorado River se Lake Texa n a Edna Inez Bay City [Van Vleck y City Phase 1 77 Port Ref Wood . oro Od ren a_ PROJECT LOCATION Tvoli. • Seadrift Aust*eII u 1:- r 35 Aransas NWR ,Iii Christi PortlandPonland Corpus Christi Hack; i • Aransas Pass Ardrasas Pas$ Pon Aransas Port Aransas Mustang island r Matagorda island Pon i. LOCATION MAP NOT TO SCAI F Project Number: E10008 Mary Rhodes Pipeline Phase 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES _MEM CITY OF CORPUS CHRISTI RATIFICATION TO CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 17 The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Mary Rhodes Pipeline Phase 2 — Construction Management Services (Project No. E10008): Original Agreement October 28, 2003 Motion No. M2003-394 $116,100 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997 Amendment No. 3 March 11, 2009 Administrative Approval $0 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590 Amendment No. 5 November 30, 2011 Administrative Approval $0 Amendment No. 6 January 14, 2012 Administrative Approval $49,940 Amendment No. 7 April 24, 2013 Administrative Approval $49,822 Amendment No. 8 May 29, 2013 Administrative Approval $49,900 Amendment No. 9 July 30, 2013 Motion No. 2013-125 $195,664 Amendment No. 10 February 15, 2014 Motion No. 2014-027 $3,965,785 Amendment No. 11 July 3, 2014 Administrative Approval $49,000 Amendment No. 12 August 15, 2014 Administrative Approval $48,500 Amendment No. 13 March 12, 2015 Administrative Approval $36,487 Amendment No. 14 January 12, 2016 Motion No. 2016-002 $513,767 Amendment No. 15 April 13, 2016 Administrative Approval $20,395 Amendment No. 16 July 11, 2016 Administrative Approval $21,555 In the Original Contract, Exhibit A, Section I. Scope of Services shall be amended as set forth in the attached Amendment No.17, Exhibit A. In the Original Contract, the Fees section shall be amended based on the modified scope of services in the attached Amendment No. 17, Exhibit A for a fee not to exceed $603,482, for a total restated fee not to exceed $16,594,474. All other terms and conditions of the October 28, 2003 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 ND NICHOLS, INC. _ r Jeff H. Edmonds, P.E. Date R n Gu man, P.E. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com K \ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE PHASE 2\FREESE AND NICHOLS, INC\AMENDMENT NO 17\CONTRACT\CONTRACT2 DCC REV 10/1/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Name Mary Rhodes Pipeline Phase 2 Project Number E10008 Accounting Unit 4095-041 Account 550950 Activity E10008 -01 -4095 -EXP Account Category 50950 Fund Name Water 2015 MRP2 Amendment No. 17 for $603,482 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE, PHASE 2\FREESE AND NICHOLS, INC\AMENDMENT NO. 17\CONTRACT\CONTRACT2.DOC REV. 10/1/15 F1M FREESE 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 February 13, 2017 Mr. Jeff Edmonds, P.E. Director of Engineering City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78469 Re: Mary Rhodes Pipeline, Phase 2 Construction Management Contract Amendment Dear Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com Freese and Nichols, Inc. (FNI) is pleased to submit our contract amendment to provide extended Construction Management Services along with development of a sampling plan for the Mary Rhodes Pipeline, Phase 2 project. This contract amendment is to provide Construction Management Services for the extended schedule including project close out from March 10, 2016 through completion of punch list corrections. Item 1: Description Activity River Pump Station, Booster Pump Station and Sediment Basin plus Pipeline Sections A, B, and C/Ground Storage Tank/Lake Texana Tie-in Piping Proposed Effort Construction Management/Engineering Support - Planned contractor work efforts for these items will extend an additional 29 months Item 2: Description Activity Provide support to Ground Storage Tank Proposed Effort Planned contractor work efforts for these items will extend an additional 8 months (1 FNI man working an average of 5 days per week/10 hours per day plus 1 FNI man working an average of 6 days per week/10 hours per day plus the same man working each Sunday for 5 hours per day). Item 3: Description Activity Development of quarterly sampling plan Proposed Effort FNI will produce a quarterly sampling plan for the City at system distribution sites. Sampling of entry points and distribution sites is required by TCEQ's conditional approval of the Colorado River as a new water source. Additionally, FNI will produce a sealed engineering report addressing the results of the first quarter water quality results and discussion of how they coincide with the Corrosion Control Study Update produced by FNI in March of 2016. No further reporting or requirements outlined in TCEQ's conditional approval will be performed by FNI. All work will be completed by October 2016. Amendment No. 17 Exhibit A Page 1 of 2 Expenses: o Fee includes project related sub -contract expenses for Subconsultant Services associated with the CM Services listed above. o CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. Fee for Items 1, 2 and 3: FNI proposed to provide the aforementioned services for a lump sum fee of $428,482.00. Please note that Ground Storage Tank remedy efforts are not included in the items listed above. Garney Constructions Letter (dated January 21, 2017) identifies a 17 -week tank remedy schedule. Freese and Nichols proposes to provide full time Construction Management Services for this activity. Our proposed scope of services is as follows: • On-site representation Construction Inspections Services for 17 weeks. We anticipate the following schedule: Weeks 1 & 2 = 40 hours/week 80 hours (Construction Managers 3-4) Weeks 3 —15 = 58 hours/week 754 hours (Construction Managers 3-4) Weeks 16 & 17 = 40 hours/week 80 hours (Construction Managers 3-4) 914 hours • Engineering Support = 4 hours/week 68 hours (Professional 4-6) Estimated Total Manhours 982 hours FNI proposes to perform the Ground Storage Construction Management Services on a time and material basis. The estimated cost for this activity is $175,000.00. Total Fee: Items 1, 2 and 3 $428,482.00 *Ground Storage Tank CM Support $175,000.00 Total $603,482.00 *This activity will be provided on a time and materials basis. The compensation for FNI efforts will be calculated using the attached Schedule of Charges. We appreciate the opportunity to assist you with this matter. Please feel free to contact me at 361.561.6500 with any questions that you may have on this subject matter. Regards, - p_. Ron Guzman, P.E. Principal/Vice President Enclosures Amendment No. 17 Exhibit A Page 2 of 2 H,7■ 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: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 8 ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public 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: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2, 2$, l.\ a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 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: 2017-165686 Date Filed: 02/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 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. City Project No. E10008 Provide Construction Management Services and sampling plan for Mary Rhodes Pipeline, Phase 2 project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, ' ^y*a,,.... LISA BOGGS Public, Notary c, State of Texas t y:` .•. •` My Commission Expires .' or affirm, under penalty of perjury, that the above disclosure is true and correct. s ... T 06/25/2019 AFFIX NOTARY STAMP / SEAL ABOVE( Swory to and subscribed before me, by the said Tis Signa re of a orized agent of contracting business entity r (,)Zi this the f day of ruff r 20 II , to certify which, witness my hand and seal of office. Ii .--7,:. 1. - Mi- O 7rT 0 tth IL Signa , re of officer administe It. "-th Printed name of offi. _ :..ministering oath Title of office administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr sti Engineering Mary Rhodes Pipeline Phase 2 Council Presentation June 20, 2017 Location Map Yorktown Nordheim ige OG Cuero Gonad E Rel Woo EI Campo Colorado River Lake Texans Edna -; Nursery Inez Victoria Phase Bay City van Vleck • Cly Lamar Sin Corpus Christi Rockport Portland rbstown (,q, Corpus Christi Aransas Pass Pon Aransas P04111 LOP, Cr Port Lavaca MARY RHODES PIPELINE PHASE 2 !iondrifi Matagorda Island Corpus Christi Engineering Location Map Corpus Chr sti Engineering Pump Stations and Sedimentation Basin Oscar Renda Contracting Pipeline Section A Garney Construction Pipeline Section C & Ground Storage Tank Garney Construction Pipeline Section B Garney Construction Project Status Corpus Chr .t Engineering Contract Contractor Pump Station / Sedimentation Basin Pipeline Section A Pipeline Section B Pipeline Section C Oscar Renda Contracting Garney Companies, Inc. Contracted Contracted Start Date Completion Date Current Status 23 -Apr -14 17 -Apr -14 6 -Aug -15 16 -Jun -15 Substantially Complete September 2016 Substantially Complete August 2015 Project Scope Corpus Chr sti Engineering Extended construction management services with Freese & Nichols, Inc. from March 2016 through completion of punch list correction that includes: ✓ On-going construction management for Pump Station/Sedimentation Basin punch list ✓ Technical support to the Ground Storage Tank ✓ Liquidated Damages negotiations with the Contractor ✓ Project close out services Note: The construction contracts provide for liquidated damages ($3,500/day). That will be evaluated against excusable and non - excusable (Contractor) delays as the project continues. Project Schedule Corpus Chr sti Engineering 2016 2017 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Construction Management Services AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: May 25, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Change Order No. 4 Williams Drive Phase 3 from Staples Street to Airline Road BOND 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $166,091.25 for a total restated contract amount of $8,964,073.35 for Williams Drive Improvements Phase 3 from Staples Street to Airline Road. (BOND 2012). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 4 with Reytec Construction Resources, Inc. for the Williams Drive Phase 3 from Staples Street to Airline Road project. (BOND 2012) BACKGROUND AND FINDINGS: On September 29, 2015 City Council awarded the Williams Drive Phase 3 project to Reytec Construction. This is a joint TxDOT/City project with 80/20 cost share that includes full -depth reconstruction and widening of the existing 2 -lane Hot -Mix -Asphalt -Concrete (HMAC) road to a new 4 -lane Portland Cement Concrete (PCC) road. During construction in the Airline & Williams intersection, a main AT&T duct bank was encountered that was in conflict with the new 12' x 6' concrete box culverts. As required by the contract and public law, the design engineer and contractor had both contacted "Texas 811 Call Before You Dig". AT&T did not mark the duct bank in response to either 811 call. To minimize the construction schedule impacts at the Williams/Airline Intersection, Engineering Services issued a Change Order that would compensate the contractor on a time and material basis for the actual cost impacts due to the utility conflict. The original change order was funded utilizing contract contingency line items since that approach minimized schedule impact and allowed the City to process monthly pay requisitions prior to determination of the final cost impact. The contractor was required to prepare a detailed time impact analysis that has been approved by both Engineering Services and TxDOT. Change Order No. 4 provides a final reconciliation for the costs related to the AT&T conflict and replenishes the contingency line items that were previously used to allow partial payments to the contractor for the AT&T conflict resolution work. The situation that led to the utility conflict is neither the fault of the City or contractor. The Legal Department will be approaching potentially responsible parties to seek recovery for these costs. OTHER CONSIDERATIONS: None ALTERNATIVES: 1. Authorize execution of Change Order No. 4. (Recommended) 2. Do not authorize execution of Change Order No. 4. (Not Recommended) CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria; and complies with City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Capital Budget Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 10,854,941.71 166,091.25 11,021,032.96 Encumbered / Expended Amount 9,945,949.23 9,945,949.23 This item (change order) 166,091.25 166,091.25 Future Anticipated Expenditures 908,992.48 908,992.48 BALANCE 0.00 0.00 0.00 Fund(s): Storm Water CIP RECOMMENDATION: Engineering Services recommends approval of Change Order No. 4 with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $166,091.25 for Williams Drive Phase 3 from Staples Street to Airline Road BOND 2012. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order No. 4 Form 1295 — Reytec Construction Resources, Inc. PROJECT BUDGET ESTIMATE Williams Drive Phase 3 from Staples Street to Airline Road FUNDS AVAILABLE: Street CIP 2,938,038 Texas Department of Transportation (80% of Street and Storm Water Construction) 3,760,000 Storm Water CIP 3,226,644 Water CIP 566,887 Wastewater CIP 509,464 Gas CIP 20,000 TOTAL 11,021,033 FUNDS REQUIRED: Construction Fees: Construction Total (Reytec Construction Resources, Inc.) 8,964,073 Initial Construction Contract 8,698,784 Change Order No. 1 56,246 Change Order No. 2 42,953 Change Order No. 3 0 Sub -total Construction 8,797,982 Change Order No. 4 (THIS ITEM): Storm Water 166,091 Sub -total Change Order No. 4 166,091 Contingencies 631,117 Design Fees: * Engineer (LJA Engineering) Original and Amendment Nos. 1 and 2 962,995 Engineer (R. H. Shackelford) 108,543 Engineer (L. Gurley) 12,499 Engineer (AGCM) 18,615 Testing Fees: Geotechnical Services (Rock Engineering) Construction Materials Testing (Rock Engineering) 10,700 34,615 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.0%) 109,150 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.5%) 163,725 Misc. (Printing, Advertising, etc.) 5,000 TOTAL 11,021,033 ESTIMATED PROJECT BUDGET BALANCE 0 * Construction Observation Services are included in this contract. s Christi rational Jirport g49A 763 57 E CI a 47 Grp R+1„f. 544 6 out f Texas State Aquarium + 9-6 rem Corpus Christi PROJECT LOCATION 286 l4 20A Law:filof Roe Ra Ward LOCATION MAP 1:0AU4, j NOT TO SCALE tro Project Number: E11116 Williams Drive Phase 3 Staples St to Airline Rd Bond 2012 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES i ngineerinq Williams Drive Phase 3 from Staples Street to Airline Road Council Presentation June 20, 2017 Project Location Corpus Chr'sti Engineering /,s cq -„ Change Order Summary �m X gas Corpus Chr'sti Engineering • Change Order No. 4 - AT&T Conflict Resolution • Time and Material Cost $58,040.75 • Idle Equipment Cost $66,231.76 • Box Coring - $41,818.74 3 City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 4 CHANGE ORDER DATE: 4/28/2017 PROJECT: Williams Drive Improvements Ph 3 - Staples to Airline (Bond 2012) PROJECT NUMBER: El 1 1 16 CONTRACTOR: Reytec Construction Resources, Inc. CONTRACT TiME: 450 CD ENGINEER: RVE, Inc Make the following additions, modifications or deletions to the work described in the Contract Documents: Part D - Drainage Improvements Add the following items to the contract 1)40 Drainage D40 - AT&T Conflict Resolution - Time & Material Cost D41 Drainage D41 - AT&T Conflict Resolution - Idle Equipment Cost D42 Drainage D42 - AT&T Conflict Resolution - Box Coring Deduct the following quantity from the bid item D39 Drainage Unanticipated Utility Allowance - partial payment on AT&T Conflict E30 Water lmpr. unanticipated Utility Allowance - partial payment on AT&T Conflict Add the following items to the contract D39 Drainage Unanticipated Utility Allowance - refurbishing Utility Allowance E30 Water lmpr. Unanticipated Utility Allowance - refurbishing Utility Allowance 1 LS @ $58,040.75 1 LS @ S66,231.76 I LS a $41,818 74 0.9284306 LS (r) S50,000 0.4231388 LS @ $25,000 Sub -Total 1 LS @ S46,422 I LS @ $10,578 Net Total of This Change Order $58,040 75 $66,231 76 $41,818.74 ($46,421 53) ($10,578.47) $109,091.25 $46,422 00 $10,578 00 $166,091.25 Why was this Change necessary: Contractor hit a major duct bank for AT&T which was not shown on the contract drawings an we3 re most likely not marked in the field during locates T iT is change was required to keep the contractor working and to avoid any further delays in determining who was at fault. The legal department is involved in investigating the facts surrounding this incident and any future legal action How can similar changes be avoided in the future? More thorough Subsurface Utility Exploration (S U E ) and Utility' Coordination Studies would have most likely avoided this major duct bank from not appearing on the contract drawings. 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 $ 8,698,783.50 Previously Approved Change Order Amount $ 99,198.60 Proposed Change Order Amount $166,091.25 Revised Contract Amount $ 8,964,073.35 Percent of Total Change Orders (including this CO) 3.05% Previous Change Order Contract Time 465 CD Additional Time on This Change Order 76 CD Revised Contract Time 541 CD Recommended by Approved by (CONSULTING FIRM' ICONTRACTOR1 By N/A Recommended by: (� (Ill\� Recommended by: i� Recommended by: Recommended by: Date CITY OF CORPUS CHRISTI e/ 7 Wayne Otte; P.E. at Acting Construction Engineer Jeffrey Edmonds, P.E. Date Director of Engineering Services Eddie Houlihan, Director Date Management and Budget By 1 (r14 -,— Approved by: Approved by: Approved by: APY11 Valerie H. Gray, P.E. Executive Director of Public Works Mark Van Vleck Assistant City Manager Date Date Aimee Alcorn -Reed Date Margie C. Rose City Attorney Fund 3496-043 Acct 550910 Actv E1116 -01 -3496 -EXP City. Manager Date 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. Reytec Construction Resources, Inc. Houston, TX United States Certificate Number: 2017-210487 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 05/19/2017 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. E11116 Williams Dr. Phase 3 Williams Dr. Phase 3 from Staples Street to Airline Road Change Order # 4 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Gregg T. Houston, TX United States X Reyes, Rebecca Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. per, ,�5.7',7�., LAURA G. LEAL ;' '' �:� Notary Public, State of Texas • ,r= My Commission Expires August 2b, 2018 Signature business AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Are o c of authorized ac-nt of contracting entity / T VIA,6 , this the VO day of , 20 i1 , to certify which, witness my hand and seal of office ° . lurrt &. Leoat N Signature of officer administering oath Printed name of officer administeringoath Title of officer inisterin oath g Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Kensington Gardens subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55- 113 of the City Code of Ordinances. PURPOSE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into outside city limits water contracts with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with Azali Homes, LLC., the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, Azali Homes, LLC, is proposing to build homes on several tracts of land outside the city limits. Azali Homes, LLC own properties known as Kensington Gardens, Block 1, Lots 1-10; Block 2, Lots 1-10, Block 3, Lots 1-10, and Block 4, Lots 1-10. When Kensington Gardens subdivision was constructed, public waterline was extended to the area and made available to the properties within Kensington Gardens subdivision. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit building plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such building construction. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction of homes may only occur in compliance with City regulations, including building construction permit requirements, as though the property were inside the City. Kensington Gardens subdivision was approved by the Planning Commission on April 22, 2015 and recorded in the Nueces County map records on February 15, 2017. Kensington Gardens is located west of County Road 47 between Farm to Market Road 43 and County Road 22. As part of the development of the subdivision, a waterline was extended from County Road 43 to the subdivision in order to provide public water to the proposed lots. Kensington Gardens subdivision contains 40 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite contract execution, the City Council authorizes the City Manager or designee to execute the remaining water service contracts within the subdivision. The future contracts for the properties within Kensington Gardens subdivision would not differ much from the contract with Azali Homes, LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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: Resolution Sample OCL Water Contract Exhibit A — Location Map Resolution Resolution authorizing the City Manager or designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contracts, an example of which is attached to this resolution, and incorporated herein for all purposes, with property owners of up to 40 lots in Kensington Gardens subdivision to provide public water to their respective properties located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten -acre feet of water during the entire contract term . THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Azali Homes, LLC a Texas Limited Liability Company (Owner), whose address is P.O. Box 8155, Corpus Christi, TX 78468, First Community Bank (Lienholder) whose address is 416 N. Water Street, Corpus Christi, Texas, 78410 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Kensington Gardens Block _, Lot _, also commonly known by its street address as , Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of , 2017. OWNER: Azali Homes, LLC, a Texas Limited Liability Company Ata O. Azali, Manager STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2017, by Ata O. Azali, Manager of Dorsal Development, LLC, a Texas Limited Liability Company. Notary Public, State of Texas LIEN HOLDER: First Community Bank Nicholas Black, Vice President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2017, by Nicholas Black, Vice President, First Community Bank. Notary Public, State of Texas City of Corpus Christi: ATTEST: By: By: Rebecca Huerta William J. Green PE, Interim Assistant Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2017, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2017, by William J. Green PE, Interim Assistant Director of Development Services, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2017. Buck Brice Assistant City Attorney for the City Attorney �Ab ZIORH'THAPTON DR Or Kensington Gardens ti FM 43 HYDE PARK i SOUTHAMPTON i 0 0.03250.065 0.13 0.195 Miles 11114 City of Corpus Christi LOCATION MAP Exhibit "A" Water Contract Location Map N PLANNING.CITYLIMITS L J Date Created: 4/24/2017 Prepared By: Vette J. Magallanez Department of Development Services File: K:IDevelopmentSvcsISPECIAL SERVICESIPLATSIWaterContracts\London Club Estates%Maps Projected Coordinate System: NAD_1983_StatePlane_Texas_South_FIPS_4205_Feet Projection: Lambert Confonnal_Conic AERIAL OVERVIEW KENSINGTON GARDENS CR 26 CR 6149 1 81� Yy R 614: ME GR 6196 CR 6138 I 4 GR 288 53 CR 211 CR a liY:Jerlaxx7.7,]C 7,K ;lkkappoo:And(rola Nkka7 xnnlin7u1 AERIAL MAP KENSINGTON GARDENS CR 1229 CR 230 CR 6106 CR 63 CR. CR 218 R 42 CR 222 OR 5C 14 CR 99 CR 5CR CF 0002 t N AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 9, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Texas General Land Office Beach Cleaning and Maintenance Assistance Program CAPTION: Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. PURPOSE: The Beach Cleaning and Maintenance Assistance Program provides reimbursement for some portion of the City of Corpus Christi's beach maintenance expenditures. BACKGROUND AND FINDINGS: The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program uses a funding formula to reimburse cities and counties. The reimbursement amount varies from year to year based on the formula and available funds. Currently, the principal portion of the beach maintenance appropriations is distributed among the twelve communities that contain public beaches within their jurisdiction and have made application for funding. For FY15 and FY16, the City received $63,160.35 and $62,776.34 respectively. FY17 funds have yet to be distributed but are estimated to be approximately $61,680.00. ALTERNATIVES: Do not apply for beach maintenance funding. OTHER CONSIDERATIONS: Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no greater than two-thirds reimbursement for eligible expenses incurred in cleaning and maintaining the beaches; however, actual state appropriations have always limited this reimbursement to the range of 10 to 20 percent of actual local costs. CONFORMITY TO CITY POLICY: The City Council must pass a resolution to apply for the Texas General Land Office program. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 61,680 $ 61,680 Encumbered / Expended Amount This item BALANCE $ 61,680 $ 61,680 FUND(S): General Fund 1020 Comments: The estimated revenue for this reimbursement program will be submitted in the FY17-18 proposed budget. RECOMMENDATION: Staff recommends the City Council approve this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution; Application Resolution ratifying the execution and submittal of all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi City Council hereby approves and ratifies the execution and submittal by the City Assistant City Manager of all documents necessary to apply for continued financial assistance for cleaning and maintaining beaches under the City's jurisdiction on North Padre Island and Mustang Island during FY 2017-2018 under the Texas General Land Office's Beach Cleaning and Maintenance Assistance Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2017 Joe McComb Mayor The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Application for the Beach Cleaning and Maintenance Assistance Program for Fiscal Year 2018 Beginning September 1, 2017 Texas General Land Office George P. Bush, Commissioner P.O. Box 12873 Austin, Texas 78711-2873 City or county making application (applicant): City of Corpus Christi Name and address of administrative body responsible for beach cleaning: City of Corpus Christi Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 Name, organization, and title of official with day-to-day responsibility for project: Russell J. Armstrong Superintendent Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 Name, address, and title of official authorized to receive state reimbursement: E. Jay Ellington Director Parks and Recreation Department P.O. Box 9277 Corpus Christi, TX 78469 The applicant understands and agrees that the requirements set forth in Section 61.069 of the Texas Natural Resources Code must be met, and the applicant expressly pledges and represents that it has met or will meet the requirements through the following: 1. The applicant has a duly constituted beach park board or like body with adequate authority to administer an effective program of keeping the public beaches under its jurisdiction clean. (OBA §61.069 (1)) 2. The applicant shall provide for receipt of all project funds by its treasurer or like official who shall adequately safeguard such funds and assure same are expended solely for project purposes. The applicant agrees to reimburse the General Land Office for any project funds lost or spent for non - project purposes. (OBA §61.069 (2)) 3. The applicant shall submit such reports as to amounts and types of project expenditures as may be required by the General Land Office. (OBA §61.069 (3)) 4. The applicant provides free entrance to all public beaches within its jurisdiction. (OBA §61.069 (4)) 5. The applicant operates and maintains one or more coastal parks which are satisfactory to the General Land Office with respect to size and facilities. (OBA §61.069 (5)) Page 1 of 2 Application for the Beach Cleaning and Maintenance Assistance Program Total linear feet of beach to be cleaned 34,200 1. Equipment rental, litter and debris removal 2. Labor, litter and debris removal 3. Signs, litter -related 4. Supervision, litter and debris removal 5. Solid waste collection and disposal, including purchase of containers 6. Portable toilet rental and servicing 7. Barricades, bollards, and traffic signs 8. Lifeguard expenses 9. Litter patrol expenses 10. Beach patrol expenses 11. Administration $ 352,698.00 443,182.00 5,000.00 99,000.00 13, 000.00 25,000.00 14,000.00 336,840.00 92,120.00 246,961.00 45,000.00 TOTAL $ 1,672,801.00 Amount of state assistance requested for current state fiscal year (may not exceed two-thirds of amount shown in line above as provided by Section 61.076 of the Texas Natural Resources Code): $ 1 115,756 43 The General Land Office reserves the right to require of the applicant any additional evidence it may deem necessary for the approval of the application or management of the program. Supporting documents: (The application is incomplete unless the following documents are included.) Mark the applicable box as the corresponding document is included with the application. ❑ A current resolution authorizing application for funds and vesting an official with full authority to act for purposes of the program. ❑ A Texas Department of Transportation county map upon which are delineated the public beaches to be cleaned and the linear feet of beach therein. ❑ A site plan of applicant's beach park which meets the minimum requirements established by the state. ❑ A certified copy of documentation establishing a beach park board or like body. ❑ A current written statement attesting that the maintenance to be provided is consistent with the applicant's community adopted plan for Beach Access and Dune Protection. ❑ A current written statement acknowledging that compliance with the regulations for collection and expenditure of beach user fees, contained in Section 15.8 of the state's beach access and dune protection regulations, is a requirement of the program. ❑ A current written statement that the applicant will supply an adequate number of garbage and litter receptacles for that area of the beach which the applicant cleans and maintains in this program. Receptacles for recyclables are suggested, but not required. ❑ A current list, adopted by the governing body, of the equipment rates to be charged per hour or per day which also indicates whether with or without operator and which includes portable toilets, if provided. ❑ A current beach -cleaning proposal describing the cleaning and maintenance operations at the beach. City of Corpus Christi acting by and through Margie C. Rose, City Manager Applicant Official hereunto duly authorized, submits this application and certifies its contents are true and correct, and agrees to the above terms and conditions. by Samuel Keith Selman Name Signature Assistant City Manager Title Date Page 2 of 2 Application Checklist For State Assistance in Cleaning and Maintaining Public Beaches Review the following prior to submitting the Application for State Assistance in Cleaning and Maintaining Public Beaches. Each bulleted item is required to process the application; the text following each item explains how to comply with the requirement. Incomplete applications will not be approved. ❑ The Original Application. The 2 -page application containing the vested official's original signature must be submitted. Emailed or photocopied applications are acceptable during the agency's review period, but aren't eligible for use in the final contract. The attachments to the application do not have to be originals. Note: The application must be signed by the person/official authorized by the resolution to apply for funds. A Signed Resolution. Ensure the resolution authorizes the application for program funds and declares an official with full authority to act for purposes of the program. An Estimate of Expenditures. Provide the total amount of projected expenditures on the space adjacent to "Total;" this amount is the sum of the expenditures above it (i.e. equipment, labor, supervision, administrative, etc). Provide the amount of state assistance being requested on the line following the "Total" projected expenditures line. This amount may not exceed 2/3ras of the "Total" projected expenditures. A Current Equipment Rate Sheet. List all equipment items used; equipment not listed on the contract rate sheet will not be approved for reimbursement. Therefore if four Chevy pickups are used, the equipment rate sheet should indicate such. Indicate whether rates are with or without an operator. If an operator's wages are included, indicate the dollar amount per hour included in the equipment rate. Do not include rental equipment on the equipment rate sheet. The agency has the discretion to request documentation for how each equipment reimbursement rate was calculated in order to ensure the rate does not exceed expenditures. Be prepared to provide justification for the agency to approve your equipment rates. Each piece of equipment must be adequately described before the agency will approve the item's rate as reasonable. An adequate description should provide the equipment's make and model, horsepower, wheel type (crawler or tires), capacity (bucket size), and attachments (rake/tiller). Note: Equipment rates must be approved by resolution or other similar record of official action. A Garbage and Litter Receptacle Statement. A statement assuring an adequate supply of garbage and litter receptacles will be provided for the community's total linear footage of beaches. A Beach Dune Rule Compliance Statement. A statement acknowledging that beach cleaning and maintenance is consistent with the applicant's Beach Dune Plan. A Beach User Fees Regulations Compliance Statement. A statement, pledging adherence to the regulations for collection and expenditure of beach user fees in Section 15.8 of the Texas Administrative Codes. Accompany the statement with a declaration of compliance to Beach User Fee Reporting requirements. Note: The garbage litter statement, beach dune rule statement, and beach user fees statement may all be included on the same document. A County Map. A map that plainly marks/highlights the beaches to be maintained and has the linear footage written on the map. Note: TxDOT map(s) will be provided to you by the agency, if requested. Please contact us, if needed. For TxDOT maps, see http:/www.txdot.gov/travel/county grid search.htm . Google Earth maps may be used if preferred, see http://earth.google.com/. Submit the notated maps with the application packet. Additional maps (non-TxDOT or Google Earth) may be submitted in addition to the acceptable maps detailed above. A site map of all applicable beach parks. A current, preferably updated within 2 years, site map is required. A site map should detail the location of shower areas, restrooms, parking areas, potable water, and any other facilities provided. A beach -cleaning proposal (BCP). A summary of the maintenance activities being performed by the community Detail the amount of staffing, trash pick-up procedures, labor and patrol schedules, special events, special/seasonal maintenance, etc. BCP's should be updated periodically and must be thorough enough for the GLO to ascertain what maintenance is being performed. Most BCP's are two pages or less. The summary should be titled as a beach -cleaning proposal or equivalent. Remember to include a date and have the BCP signed by either the vested official or official with day-to-day responsibility as listed on the cover of the application. Note: A community's Beach Dune Protection and Beach Access Regulations may not serve as a beach -cleaning proposal unless the maintenance activities describe therein are current (written no more than 3 years ago) and detailed. Miscellaneous. Other supporting documentation to the application is welcomed but not required. Note: For any of the above items designated as "on file," indicate the original fiscal year they were provided. If the original fiscal year is not indicated, the items cannot be transferred into the current file and the applicant must re -supply the document. Failure to include the required documentation will delay approval of the application. The General Land Office, as the agency authorized to enforce the program's rules, has the discretion to require of the applicant any additional evidence it may deem necessary for the application or management of the program. (31 TAC §25.3) et Instructions for Texas Department of Transportation County Maps and Beach Park Site Maps The agency requests that Texas Department of Transportation (TxDOT) County Maps be used to designate the beach areas your community maintains and the linear feet of those beaches. Use the following instructions to meet your community's county map and site map requirements for the Beach Maintenance Reimbursement Fund Program. If you need maps to work from, please contact us. A. For each TxDOT County map (full-scale view and inset maps) or Google Earth Image, do the following: 1. Mark the eligible beach areas to be cleaned. 2. Write the linear footage of each area. 3. If your beach areas are separated, write the total linear footage (sum of each area) somewhere on the map. Example: Google Earth ,500 line Port Aransas 5074 it TOTAL 3,000 linear feet .500 linear feet 01:2068 T .e Aflae _, 2008 Eur...r , Technologies I I Pointer 'lat.27 817098 ° , Ion •97r;O62937 Image '108 DigitalGlobe Slreamin i i i 11 100% E. a all 1750111 B. For beach park site maps, do the following: 1. Indicate the location of restrooms, shower facilities and potable water. 2. Indicate the location of on or off -beach parking areas. 3. Indicate any other facilities that are provided on the site map. Return the maps and beach park site maps with the Application for State Assistance in Cleaning and Maintaining Public Beaches. Texas Department of Transportation County Maps can be accessed at http://www.dot.state.tx.us/travel/county grid search.htm. Contact Troy Ridley at troy.ridley(a,glo.texas.gov or by phone at (512) 463-5168 if you have questions. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of Five 2017 Ford F-250 Trucks for Parks and Recreation Department CAPTION: Motion approving the purchase of five 2017 Ford F-250 trucks from Rush Truck Centers of Texas, LP, of New Braunfels, Texas, based on a cooperative purchasing agreement with Texas Local Government Purchasing Cooperative, dba BuyBoard for a total amount not to exceed $180,392.00. Funds are available in the FY2016-2017 budget. PURPOSE: This item is to approve the purchase of five 2017 Ford F-250 trucks to be used by beach operations staff in the Parks and Recreation Department. BACKGROUND AND FINDINGS: The five vehicles will be utilized on the City of Corpus Christi Gulf Beaches for the daily operations. The Lifeguards are first responders to all emergency situations from Beach Marker 66 (boundary line at Port Aransas) to Beach Marker 252 (boundary line with Kleberg County) which spans 27 miles of beach. Beach Operations staff members operate the vehicles to maintain eight miles of Corpus Christi Gulf Beaches including roadway maintenance, trash/debris removal and dune protection. The trucks will also be used by the Beach & Park Enforcement Officers who enforce City Ordinances at five City Parks on Padre Island, eight miles of City beaches and five miles of Nueces County beaches. The mileage of four of the trucks to be replace is as follows: 196423, 237664, 190527 and 275174. The fifth unit has an hour meter reading of 1692. The year model of these trucks is as follows: 1997, 1996, 1995, 2001, and 1999 respectively. Two of the trucks have been retired and the remaining three will be retired upon receipt of the new trucks upon their arrival. Four of the trucks are budgeted for replacement in the FY2016- 17 and one truck is funded through the State Hotel Occupancy Texas (SHOT). ALTERNATIVES: No alternatives 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 and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,720,370.23 $0.00 $3,720,370.23 Encumbered / Expended Amount $2,877,462.27 $2,877,462.27 This item $180,392.00 $0.00 $180,392.00 BALANCE $662,515.96 $0.00 $662,515.96 Fund(s): Fleet Maintenance Services and State HOT Beach Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET FORD F-250 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 ITEM DESCRIPTION QTY. UNIT Rush Truck Centers of Texas, L.P. New Braunfels, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-250 Service Body Truck 1 EA $35,892.00 $35,892.00 2. 2017 Ford F-250 Crew Cab Truck 4 EA $35,400.00 $141,600.00 3. BuyBoard Fee 1 EA $400.00 $400.00 4. Freight 5 EA $500.00 $2,500.00 Purchase Cost: $180,392.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 20, 2017 Action Item for the City Council Meeting of July 11, 2017 DATE: June 13, 2017 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep@cctexas.com (361) 826-3227 Judy Villalon, City Treasurer iudyav@cctexas.com (361) 826-3651 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Armored Courier Services and Cash Manager Safe Service Agreement CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager lease safe services, in response to Request for Bid (RFB) No. 151, based on lowest, responsive and responsible bid for a total bid amount not to exceed $37,294.40 with an estimated expenditure of $6,513.76 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: The purpose of this agenda item is to execute a contract with Dunbar Armored of Hunt Valley, Maryland, for armored courier services and cash manager safe services. BACKGROUND AND FINDINGS: The City has a continuous need for armored courier services at the Police, Central Cashiering, Municipal Court, Corpus Christi International Airport and Development Services Departments, as well as cash manager safe services at the Health Department. An RFB for armored courier services was issued by the City of Corpus Christi. The RFB was advertised, posted on the City's Supplier Portal and 58 notifications were issued. One bid was received and was evaluated based lowest, responsive and responsible bid. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Department -Central Cashiering FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $168,739.69 $30,780.64 $199,520.33 Encumbered / Expended Amount $122,885.33 $0.00 $122,885.33 This item $6,513.76 $30,780.64 $37,294.40 BALANCE $39,340.60 $0.00 $39,340.60 Fund(s): General Fund Comments: The initial contract term total is $37,294.40, of which $6,516.76 is funded in FY2016-17. The total contract value will be $111,883.20 if all options years are executed. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Bid Tabulation- Armored Courier Services RFB 151 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 151 Commodity: Armored Courier ITEM DESCRIPTION UNIT QTY Dunbar Armored Hunt Valley, MaryLand UNIT PRICE EXTENDED PRICE 1 Police Department - 321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot - 5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 1st Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. include the pick as follows: • CM2400 Cash Manager Safe Rental Months 12 $559.18 $6,710.16 • Fuel Charge for Safe pickup Week 52 $8.50 $442.00 4 Central Cashiering - City Hall 1st Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court -120 N. Chaparral St Months 12 $345.32 $4,143.84 6 Landfill/Solid Waste -7001 Ayers St. Months 12 $345.32 $4,143.84 7 Corpus Christi International Airport - 1000 International Dr •Parking Toll Plaza -Parking Lot Exits Months 12 $345.32 $4,143.84 • Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 Total $37,294.40 iervices SERVICE AGREEMENT NO. 837 Armored Courier Services and Cash Manager Master Service THIS Armored Courier Services and Cash Manager Master Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Dunbar Armored, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Armored Courier Services and Cash Manager Master Service in response to Request for Bid/Proposal No. 151 ("RFB/ RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. 1. NOW, THEREFORE, City and Contractor agree as follows: Scope. Contractor will provide Armored Courier Services and Cash Manager Master Service ("Services") in accordance with the attached Scope of Work, as shown in Attachment A and Attachment A-1, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $37,294.40, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Judy Villalon, City Treasurer Department: Finance Department Phone: 361-826-3651 Email: JudyAV©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Judy VillaIon Title: City Treasurer Address: 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-822-7320 IF TO CONTRACTOR: Dunbar Armored, Inc. Attn: Seth McElroy Title: SVP - Administration Address: 50 Schilling Road, Hunt Valley, MD 21031 Fax: 410-229-1891 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement B. attachments C. the bid solicitation document, including addenda (Exhibit 1) D. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR// Signature: 5ji4` Printed Name: Seth McElroy Title: SVP, Administration - Sales Date: May 3, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment A-1: Cash Manager Master Service Agreement Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 151 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 'age 8af8 1.1 1.2 Attachment A: Scope of Work General Requirements/Background Information The Contractor shall provide Armored Courier Services as outlined in this Scope of Work. Scope of work The Contractor shall provide Armored Courier Services at the following locations at the designated times: Pick -Up Location Pick -Up Time Drop -Off Location Drop -Off Time Frequency Police Department -321 John Sartain St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* Police Impound Lot 5485 Greenwood Dr. 8:OOAM - 12:OOPM AUCTION ONLY: City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* And 1st Saturday of every month First Saturday of every month (Will call after 4:45PM. Must pick-up within 1 hour after being called. Health Department- 1702 Horned Road- Circulation Desk 1st Floor 1. Environmental 2. Immunizations 3. Vital Statistics 4. Laboratory 5. TB Clinic 10:OOAM - 12:OOPM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Once a week* Central Cashiering City Hall 1st Floor 120 Leopard St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX (Frost Vault Services - Downtown) Before 3:OOPM Monday -Friday* Municipal Court 120 N. Chaparral St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX Before 3:OOPM Monday -Friday* Landfill/Solid Waste 7001 Ayers St 8:OOAM - 10:30AM City of Corpus Christi Depository Bank - Frost Bank Before 3:OOPM Monday -Friday* Page 1 of 4 RFB Template 7.06.16 *Except as noted, locations will not require service on City -recognized holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day). Service Requirements: 1. The Contractor shall have a vault at the Contractor's place of business. 2. The Contractor is responsible to meet all applicable federal and state laws regarding licensing and bonding while engaged in providing Armored Courier Services to the City. Contractor shall submit satisfactory evidence that it is in good standing in this regard. 3. Contractor shall include criteria for background checks and security clearance on armored car personnel. Periodic statements on the company's policy may be requested through the term of the agreement. 4. The Contractor shall employee a minimum of two employees per vehicle. 5. The Contractor must be able to transport multi -bag pick-ups or large tamper evident bags. 6. The Contractor's vehicles must have armor plating or some means of bullet-proof protection and bullet proof glass. 7. All vehicles used to service the City's account must be equipped with mobile telephones or two-way radios. Page 2 of 4 RFB Template 7.06.16 - 802 North Carancahua St., Corpus Christi, TX Corpus Christi 8:OOAM - 1:30PM City of Corpus Before 3:OOPM Monday -Friday* International Airport Christi Depository Saturdays 1000 International Dr Bank - Frost Bank Parking Toll Plazas - - 802 North Parking Lot Exit Carancahua St., Corpus Christi, TX Development Services 8:OOAM-1 1 AM City of Corpus Before 3:OOPM Monday -Friday* 2406 Leopard St Christi Depository Bank - Frost Bank - 802 North Carancahua St., Corpus Christi, TX *Except as noted, locations will not require service on City -recognized holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day). Service Requirements: 1. The Contractor shall have a vault at the Contractor's place of business. 2. The Contractor is responsible to meet all applicable federal and state laws regarding licensing and bonding while engaged in providing Armored Courier Services to the City. Contractor shall submit satisfactory evidence that it is in good standing in this regard. 3. Contractor shall include criteria for background checks and security clearance on armored car personnel. Periodic statements on the company's policy may be requested through the term of the agreement. 4. The Contractor shall employee a minimum of two employees per vehicle. 5. The Contractor must be able to transport multi -bag pick-ups or large tamper evident bags. 6. The Contractor's vehicles must have armor plating or some means of bullet-proof protection and bullet proof glass. 7. All vehicles used to service the City's account must be equipped with mobile telephones or two-way radios. Page 2 of 4 RFB Template 7.06.16 8. All windows on all vehicles must be closed at all times. 9. The Contractor shall provide and maintain vehicles necessary to meet the requirements of the agreement. Only armored transport vehicles shall be used; standard street vehicles such as unarmored automobiles, vans, light trucks, etc., are not acceptable. All vehicles used in the performance of this agreement shall be registered, licensed and insured. All vehicles shall be in good repair and able to operate efficiently and safely. Vehicles used in the performance of this agreement should have the Contractor's company name prominently displayed on both sides of the vehicle. 10. The Contractor vehicles servicing the City's account shall meet or exceed certification standards for an armored vehicle. 11. The Contractor shall provide contact information for service, billing and account questions. 12. All Contractor employees assigned to duty under the contract must maintain minimum fitness for duty requirements including mental and physical ability to guard and protect City monies as set forth in the Contractor policies and procedures for maintaining minimum fitness for duty standards. 13. All Contractor employees providing service to the City's account must present their company employee identification card immediately to the City employee releasing the deposit for their department. 14. All Contractor employees providing service to the City's account must wear proper identification, (patch and security label) on shirt and/or jacket. Apparel should be consistent and neat in appearance. Only authorized personnel are to be in attendance when servicing the contract. 15. The Contractor shall adhere to the pick-up/delivery schedule. If the Contractor is unable to perform the work as scheduled, they shall inform the Contract Administrator upon notification of any changes. 16. The Contractor's equipment must be operational at all times during the performance of the work. Page 3 of 4 RFB Template 7.06.16 17. The Contractor's employee needs to service the Central Cashiering City Hall location from the Lipan Street entrance. 18. The Contractor will be responsible for picking up paperwork from Frost Bank Vault Services and delivering to City Hall Central Cashiering daily. 19. The Contractor shall provide a bill of lading, which details the number of bags, the amount of the deposit, and tamper evident deposit bag number(s), to the City employee for all pick-ups and change order deliveries. 20. A signature must be obtained from the Commercial Vault Supervisor or their designee on the bill of lading for all deposits delivered to the City depository during normal business hours (Monday - Friday: 8:OOAM to 5:OOPM). Use of night depository is not permitted. Deposits which cannot be delivered during normal business hours must be kept safe in a vault at the Contractor's place of business and delivered to the City's depository prior to 3:00 PM the next business day. 1.3 City Contract Administrator The Contract Administrator for the City of Corpus Christi is as outlined below. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator - Judy Villalon, City Treasurer PO Box 9277 Corpus Christi TX 78469-9277 361-826-3651 JudyAV@cctexas.com 1.4 Work Site and Conditions The work shall be performed throughout the City as specified in the Bid Form. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 4 of 4 RFB Template 7.06.16 Attachment A-1: Cash Manager Master Service Agreement Proposal ID 8022 Texas LIC B06573 CASH MANAGER MAST ER SERVICES CONTRACT S 'RVICE CONTRACT #448000976 ("CONTRACT") CONTRACT executed As shown in this Agreement 837 by and between: 1 DUNBAR ARMORED, INC. ("DUN -BAR") 50 SCI I ILLINCi ROAD HUNT VALLEY, MD 21031 2 City of Corpus Christi ("CUSTOMER") 1201 Leopard Street 4th Floor Corpus Christi, TX 78469 WITNESSETH For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this CONTRACT agree as follovvs: This CONTRACT shall be effective As shown in this Agreement 837 (the "Effective Date") and shall remain effective in full force and effect for 12 months from the Effective Date (the period from the Effective Date through 12 months from the Effective Date shall be referred to as the "Initial Term") and, thereafter for two twelve-month renewals, subject to the right of termination upon either party giving the other party written notice of such intention to terminate at least thirty (30) days prior to any subsequent anniversary date (the date of expiration, or such earlier date of termination pursuant to the terms of this CONTRACT, shall be referred to as the "Contract Termination Date"). DUNBAR and CUSTOMER are sometimes referred to herein as a "Party" or collectively as the "Parties." It is understood and agreed between the Parties that locations and equipment may be added to this CONTRACT throughout the term of the CONTRACT pursuant to the terms and provisions of this CONTRACT and a Schedule of Service and Service Rates executed by both Parties from time to time (each such Schedule of Service and Service Rates being referred to herein as a "Schedule"), which Schedule shall contain the information set forth in Section 1 of the Terms and Conditions. It is further understood and agreed that the term of each Schedule shall commence on the Location Commencement Date as set forth therein and continue in effect for 12 months unless terminated earlier pursuant to the terms of this CONTRACT (each a "Location Term"). The parties may also enter into a EZChange Preparation Rider from time to time (a "Coin & Currency Rider") and addenda to this CONTRACT from time to time (each an "Addendum"). This CONTRACT and each Schedule, Coin & Currency Rider, Addendum, guaranty agreement (if any) and each other agreement and document relating to the CONTRACT shall be referred to as a "Transaction Document" and collectively as the "Transaction Documents." CUSTOMER has read, understood, and accepted the terms of this CONTRACT, Including the Terms and Conditions (all such Terms and Conditions being incorporated herein by reference) and CUSTOMER agreesto pay the charges as detailed herein or on any Schedule executed in connection herewith. By its signature below, CUSTOMER re -affirms that, once CUSTOMER accepts the Equipment, CUSTOMER's obligations to make payments of the Equipment Amounts are absolute and unconditional in all respects. CUSTOMER acknowledges that Dunbar may assign Its payment rights (but not obligations) to a financing affiliate (the "Equipment Assignee"); provided that, notwithstanding such assignment (if any) from DUNBAR to Equipment Assignee, effective upon such assignment, Equipment Assignee (by acceptance of the assignment) directs CUSTOMER to make all payments of the applicable Equipment Amounts to: DUNBAR ARMORED, INC. 50 Schilling Road, Hunt Valley, MD 21031 as servicing agent for Equipment Assignee until such time as Equipment Assignee directs CUSTOMER in writing to make such payments to Equipment Assignee or its designee at another address and, upon receipt of such notification, CUSTOMER agrees to remit said payments as directed by the Equipment Assignee. Terms anc(Conditions 1. SCHEDULE CUSTOMER may from time to time contract for DUNBAR'S services in various qu-antities and at various times or request that DUNBAR initiate DUNBAR services incrementally. Orders for DUNBAR'S services shall be issued by CUSTOMER'S authorized representative pursuant to a Schedule that sets forth the following information: i) Equipment model and type ii) Service frequencies ill) Schedule of locations iv) Payment amount. The terms and conditions of this CONTRACT shall be deemed incorporated into and made a part of each Schedule to the extent any terms and conditions set forth in the Schedule conflict with the terms of this CONTRACT, the terms of the Schedule shall prevail. 2. REPRESENTATION REGARDING INSURANCE DUNBAR represents that it carries insurance with an insurance company covering its liability as stated in this CONTRACT for loss of or damage to property consigned to it hereunder and that it carries insurance which, subject to the terms and limits of the Contract or Contracts pertaining thereto, covers liability to third persons for damage Incurred to them by reason of accidents for which DUNBAR is legally responsible and DUNBAR agrees to keep such insurance in force during the term of this CONTRACT. 3. SERVICES DUNBAR agrees, subject to the Terms and Conditions of this CONTRACT, that it will (a) accept and issue a receipt for Sealed Containers, containing currency, coin, and/or checks from the CUSTOMER location(s) listed on each respective Schedule (b) deliver by armored transportation Sealed Containers in like condition, against receipt to Dunbar's cash vault for verification and (c) thereafter deliver Sealed Containers, against receipt, to the respective depository listed on such Schedule. DUNBAR shall also accept from a depository listed on a respective Schedule Sealed Containers for delivery by armored transportation to the CUSTOMER location(s) listed on such Schedule in like condition and against receipt therefore. All containers are to be sealed and secured locked to the satisfaction of DUNBAR. If any container is not sealed and secured locked to DUNBAR's reasonable satisfaction, DUNBAR shall have no obligation to accept such container and provide the services hereunder. DUNBAR uses sophisticated scanners with barcode technology and tracking capability. It is understood and agreed that DUNBAR retains the right to provide CUSTOMER access to electronic signatures in lieu of hard copy receipts. 4. MAXIMUM LIABILITY The maximum liability for any cargo loss for property consigned to DUNBAR hereunder shall be the lesser of (a) the respective Maximum Shipments amount as stated on the Schedule with respect to the applicable location, (b) the value as stated in DUNBAR'S receipt for the Sealed Container(s) accepted or (c) the actual cash value of any property lost or damaged. DUNBAR shall not be liable for any special, consequential, punitive or incidental losses or damage under any theory of liability. Service Contract #48000976 DUNCM0213 Page 1 of 8 Proposal ID: 8022 Texas LIC B06573 5. LOCKED AND SEALED CONTAINERS CUSTOMER agrees to place all currency, coins and checks in Sealed Containers at the time of delivery to DUNBAR. DUNBAR shall not be obligated to receive any container, bag or cassette not properly locked or sealed to DUNBAR's satisfaction. 6. RESPONSIBILITY FOR SEALED CONTAINERS Responsibility of DUNBAR for Sealed Containers under this CONTRACT shall begin when such Sealed Containers have been accepted and receipted for by an AUTHORIZED EMPLOYEE of DUNBAR. Responsibility of DUNBAR for Sealed Containers under this CONTRACT shall continue for as long as DUNBAR retains possession of the funds included in the Sealed Containers, including verification and storage of such funds. 7. CUSTOMER RECORDS CUSTOMER agrees to maintain a complete record as to maker and amount of all checks placed in any Sealed Container given to DUNBAR and in case or loss or damage, to promptly, diligently and completely cooperate with DUNBAR in the identification and replacement of lost, destroyed or stolen checks contained in any such Sealed Container. Complete cooperation shall include, but not be limited to, requests by CUSTOMER to makers of the missing checks to issue duplicates and in the event the makers refuse to do so, then to assert all its legal and equitable rights against said makers. CUSTOMER subrogates such rights to DUNBAR and Its assigns. DUNBAR'S liability in the event of loss, destruction or theft of checks shall in all events be limited to payment for the reasonable costs to replace and reissue such checks. Notwithstanding the foregoing, DUNBAR shall not be responsible for such cost in excess of $25,000 per occurrence. 8. CLAIMS FOR LOSS OR DAMAGES; GOVERNING LAW; JURISDICTION Upon discovery of a claim for loss or damage of the contents of any Sealed Container, CUSTOMER shall promptly report the same to the appropriate authorities and. shall maintain and preserve all evidence relating thereto. Within ten. (10) days after discovery of any such loss, but in no event more than thirty (30) days after the currency, coins or checks in connection with such claim were delivered to DUNBAR, CUSTOMER shall give notice of such claim in writing to DUNBAR. If the CUSTOMER fails to comply with the conditions of this paragraph 8, CUSTOMER agrees that all claims against DUNBAR relating to any such loss or damage shall be deemed to be waived and released, Within thirty (30) days after the giving of written notice of any claim for loss or damage of the contents of any Sealed Container, CUSTOMER shall furnish to DUNBAR detailed written proof of such loss or damage in form satisfactory to DUNBAR and DUNBAR'S insurer. CUSTOMER agrees to cooperate with and assist DUNBAR and DUNBAR'S insurer in its adjustment of any loss. No action, suit or other proceeding to recover from any such loss or damage shall be maintained against DUNBAR unless CUSTOMER complies with all of the terms and conditions of this CONTRACT, and unless such proceeding is commenced within twelve (12) months of the day of receipt by DUNBAR of the currency, coins and checks giving rise to such suit, action or proceeding. If it is determined that any of the provisions of this paragraph are invalid, then the notice requirements and the time for suit stated herein shall be the shortest limit of time allowable under applicable law. This CONTRACT and all other Transaction Documents and all claims hereunder will be governed by the laws of the State of Texas, and all claims, suits, or proceedings brought against DUNBAR to recover for loss or damage must be brought in a court within the jurisdiction of the State of Texas. 9. LIMITATION ON VALUE OF SHIPMENTS It is expressly agreed by the CUSTOMER that the provisions of this CONTRACT dealing with the limitations on the liability of DUNBAR may not be waived or amended by any employee or agent of DUNBAR, except with the written consent of a corporate officer of DUNBAR. DUNBAR will not be liable for loss or damage to currency, coins or checks consigned to it in excess of the respective Maximum Shipments amount as stated in the Schedule. CUSTOMER understands that additional liability coverage is available and can be adjusted by Addendum executed by the Parties to this CONTRACT. Changes in liability may result in adjustment of fees. 10. FORCE MAJEURE It is understood and agreed that DUNBAR shall not be responsible for any loss or damage caused by hostile or warlike action or any governmental seizure or by atomic weapons, nuclear reaction or radiation or radioactive contamination, whether controlled or uncontrolled, whether such loss be direct or indirect, proximate or remote. The phrase "hostile or warlike action or governmental seizure" is understood by CUSTOMER and DUNBAR to incorporate the provisions of the War Exclusion Clause adopted by the Inland Marine Underwriters and filed by the Inland Marine Insurance Bureau in all states. DUNBAR shall not be liable for nonperformance or delays not caused by its fault or neglect, or for nonperformance or delays caused by strikes, riots, insurrection, acts of God or the public enemy, or means beyond Its control. 11. LIMITATION ON REPRESENTATIONS AND WARRANTIES DUNBAR makes no warranties, express or implied, and expressly disclaims any and all warranties, except as expressly stated herein. 12. INTEREST This Contract is subject to the provisions of the Texas Prompt Payment Act. 13. INCREASES IN FEES/CHARGES DUNBAR shall have the right to increase the charges provided for herein at any time after the second one-year renewal of this CONTRACT upon giving CUSTOMER written notice thirty (30) days in advance of such increase. The Fuel Matrix in Exhibit A is hereby incorporated in the contract. DUNBAR may adjust transportation rates based upon the Fuel Matrix. This Contract includes set up with the depository bank as stated on the Schedule of Service. Any subsequent change or modification to the depository bank will be subject to a change fee of $75.00 perlocation. 14. RECEIPT BOOKS AND SCANNING CARDS DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to the CUSTOMER. Replacement receipt books and scanning cards will be provided at DUNBAR'S standard fees for such supplies. 15. NO OFFSET This Contract is subject to the Texas Prompt Payment Act. 16. RESPONSIBILITIES LIMITED TO TERMS OF CONTRACT CUSTOMER understands and agrees that DUNBAR is entering this CONTRACT to provide services outlined herein subject to the terms and conditions of the Transaction Documents. DUNBAR accepts the duties and responsibilities of this CONTRACT only with the acceptance of and compliance with the terms and conditions of the Transaction Documents. Any claims made by CUSTOMER must be subject to these conditions, whether filed under contract, tort, warranty, strict liability, bailment, conversion, or any other theory of liability. Service Contract #48000976 D11NCM0213 Page 2 of 8 Proposal ID, 8022 Texas LIC 1.306573 o ACCURACY GUARANTEE DUNBAR guarantees, subject to Section 18 below, that the dollar bills contained in the safe, which is part of the Equipment (each a "Safe") and used in conjunction with Dunbar's armored transportation service in accordance with the terms and conditions herein, shall match the amount of money shown on the Safe's content report at the time of pickup. In cases where more money is counted than reported by the Safe, CUSTOMER shall receive deposit credit for such additional money. This guarantee applies only to monies loaded into and accepted by the Safe's bill validator(s) and specifically does not apply to funds deposited into the envelope drop or funds in the change control system. Furthermore, this guarantee applies only if Sealed Containers are used and the cash is counted and verified by DUNBAR Cash Vault Services. 18. GUARANTEE EXCEPTIONS The guarantee above shall not apply when: there is /u that thSafe has been opened or tamuwithinmenusenceufanemp|oyeeofoumeAn;Na|ectmnicormeckan|ca|fai/uron[thesqu'pment' c) failure of CUSTOMER to follow the procedures as set forth in this CONTRACT and as mutually agreed upon by the parties in writing d) Subsequent Deposit: If DUNBAR is not the final depository, this guarantee will not apply to subsequent verification of currency by any third party. 19. PAYMENTS, BILLING DISPUTES & OBLIGATION TO PAY CUSTOMER Is required to pay DUNBAR for all charges billed to CUSTOMER'S account for services and equipment at the rates set forth in the Schedule and out -of -warranty repairs, after-hours repairs and replacement services (at DUNBAR normal rates), shipping charges (other than by 3rd - day ground), n1'uavgmunu), including any sales or use taxes, access and other fees required by law to be paid on any of numBxK's services, within thirty (30) days after receipt o an invoice from DUNBAR.CUSTOMER HEREBY AGREES THAT IF CVST0s*DOES NOT NOTIFY DUNBAR zmWRITING WITHIN 9ODAYS opAoSpuTsWITH RESPECT TnANY CHARGES ON AN INVOICECUSTOMER vvAIvesCUSTOMER'S RIGHT rODISPUTE THE RESPECTIVE cnAwsss Notwithstanding the foregoing, cUS��E�snb|i u t pay, as and when due, all annountovwmg under this comTnA�Tand all Schedules issued pursuant hereto and to fully discharge and perform all of CUSTOMER's other obligations hereunder and thereunder are and shall be absolute and unconditional in all respects and shall not be subject to any Uclay, abatement, reduction, ,et-nff, uenense, counterclaim or recoupments or any kind for any reason whatsoever. Additionally, this Contract is subject 10 the Texas Prompt Payment Act. zn EQUIPMENT Unless otherwise expressty provided on the Schedute,CUSTOMER understands the equlpment necessary to provide the services and identified in each Schedule is and remains DUNBAR's property (unless sold, transferred or assigned by DUNBAR pursuant to this CONTRACT), and DUNBAR will have sole title to the Equipment during the term of this CONTRACT (unless sold, transferred or assigned by DUNBAR pursuant to this CONTRACT). Customer has not purchased the Equipment and CUSTOMER shall not acquire any right, title or interest in or to such Equipment except the right to use it in accordance with the terms of this CONTRACT and the respective Schedule. CUSTOMER does not own the Equipment, and CUSTOMER will not allow any liens, security interests or encumbrances to be placed on the Equipment. Except as otherwise expressly set forth herein, CUSTOMER shall operate, maintain, service and otherwise repair the Equipment and maintain all records and other materials relating thereto in accordance and consistent with all maintenance and operating manuals, the requirements of all applicable insurance policies, and all applicable laws. CUSTOMER is responsible for any loss of or damage to the Equipment while in CUSTOMER'S possession, and no such loss or damage relieves CUSTOMER from payment and performance obligations under this CONTRACT or any applicable Schedule. DUNBAR will provide routine service and repair of the Equipment during the term of this CONTRACT during normal business hours (8:00 a.m. to 5:00 p.m. local time), Monday through Friday (excluding holidays). After hours assistance shall also be available but additional charges may apply. Telephone assistance shall be made available to the CUSTOMER twenty-four (24) hours per day. DUNBAR shall respond to any request for such service or repair as stated in the Warrantee attached hereto. Return service or repair with parts, if needed, will be provided within (a) twenty-four (24) hours after the original service visit, if the original service visit occurred on Monday through Friday and (b) forty-eight (48) hours after the original service visit if the service visit occurred on a Saturday or Sunday. Routine services and repairs to be provided by DUNBAR under this CONTRACT shall not include any services or repairs arising from (a) damage to the Equipment caused by abuse, neglect or misuse of the Equipment, (b) any unauthorized installation, maintenance, use, repair or adjustment to the Equipment, (c) application software support or excessive support, (d) relocation of the equipment or (e) failure of CUSTOMER to comply with the terms of this Section 21 ("Out of Scope Services"). Additional charges shall apply to Out of Scope Services Unless otherwise expressly provided on the Schedule(s), DUNBAR will also move the Equipment from one location to another during the term of the relevant Schedule, at CUSTOMER's expense, after CUSTOMER has delivered to DUNBAR a written request (a "Relocation Notice") specifying (a) the Equipment to be relocated, (h) the current location of such Equipment, (c) the location to which such Equipment is to be moved and reinstalled (the "New Location") and (4) the date on which such Equipment is to reinstalled at the New Location (the "Relocation Date"); provided, however, in no event shall such Relocation Date be sooner than 30 days after the respective Relocation Notice has been delivered to DUNBAR. Premium charges apply if, at CUSTOMER request, such relocation services are provided after-hours, on weekends or on holidays. CUSTOMER does not have a right to sell, lease, give away, transfer, pledge, mortgage, remove, relocate, upgrade, update, alter, modify or tamper with the Equipment at any time. CUSTOMER shall not disassemble, decompile, copy or reverse engineer the Equipment or otherwise attempt in any way to gain access to or possession or understanding ofthe Equipment source code. If CUSTOMER terminates DUNBAR'S services for any reason (whether voluntary or involuntary), CUSTOMER must return the Equipment to DUNBAR in working order, normal wear and tear excepted. In the event that the Equipment is not returned to DUNBAR within thirty (30) days of the termination, or when returned DUNBAR determines that any of the Equipment is not in working order or otherwise in the condition required hereby, CUSTOMER shall, upon demand, pay to DUNBAR (or its assignee) the present value of all remaining payments to become due under this CONTRACT (or the applicable Schedule) discounted at a rate of 5% per annum and DUNBAR may exercise all right and remedies available at law or in equity. 21. EQUIPMENT SCHEDULE Each Schedule, incorporating the terrns and conditions of this CONTRACT, will constitutea separate instrument. 22. ACCEPTANCE OF EQUIPMENT Upon delivery, CUSTOMER shall inspect andif the Equipment is in good condition repair and operating satisfactorily, accept the Equipment. The Dunbar Cash Manager Safes Installation Sign Off Agreement will evidence CUSTOMER's unconditional and irrevocable acceptance of thcd therein. If CUSTOMER does not object to the condition of the Equipment within seven (7) days after delivethereof, CUSTOMER shall be deemed to have accepted such Equipment. CUSTOMER and DUNBAR agree that the (7) days is a reasonable period of time 10 inspect the Equipment. Service Contract 1480w97o ouNCwmo Page 3 of 8 Proposal ID: 8022 Texas LIC B06573 23. TAXES AND FEES CUSTOMER is responsible for all taxes, charges and other fees due in connection with Cash Manager Master Services Contract, Schedule, and/or the Equipment. To the extent permitted by applicable law, CUSTOMER agrees to report, file and pay when due to the appropriate governmental agency all taxes and fees relating to this Cash Manager Master Services Contract, Schedule and the Equipment (including sales/use tax, personal property tax, fines and penalties). CUSTOMER shall provide evidence to DUNBAR of the payment of such taxes and fees. If DUNBAR is required by law to pay such taxes or other imposts on CUSTOMER's behalf, CUSTOMER agrees to reimburse DUNBAR upon demand and to pay DUNBAR a processing fee for each payment DUNBAR makes on CUSTOMER's behalf. 24. ASSIGNMENT/TRANSFER CUSTOMER MAY NOT ASSIGN CUSTOMER'S INTEREST IN THIS CONTRACT OR ANY SCHEDULE OR ANY OTHER TRANSACTION DOCUMENT WITHOUT DUNBAR'S PRIOR WRITTEN CONSENT. 25. DEFAULT AND REMEDIES Any of the following events or conditions will constitute a default hereunder (each a "Default"): a) CUSTOMER fails to pay any sum due DUNBAR within ten (10) days after the due date thereof; b) CUSTOMER fails to observe or perform any other term, covenant or condition of this CONTRACT and such failure continues for ten (10) days following the receipt of written notice from DUNBAR; c) the filing by or against CUSTOMER of a petition under the Bankruptcy Code or under any insolvency law providing for the relief of debtors; d) the voluntary or involuntary making of an assignment of a substantial portion of CUSTOMER's assets by CUSTOMER for the benefit of creditors, appointment of a receiver or trustee for CUSTOMER or for CUSTOMER's assets, commencement of any formal or informal proceedings for dissolution, liquidation, settlement of claims against or winding up of CUSTOMER's affairs, or CUSTOMER ceases doing business as a going concern; e) any representation or warranty made by CUSTOMER herein or in any Transaction Document or other document delivered by CUSTOMER in connection herewith will prove to have been misleading or inaccurate in any material respect when made; f) CUSTOMER is in default under any other contract with DUNBAR; g) CUSTOMER sells, leases, transfers, or disposes of substantially all of CUSTOMER's assets or merges or reorganizes without the prior consent of DUNBAR and, if DUNBAR assigned any its rights under this CONTRACT, any assignee of DUNBAR; or h) CUSTOMER creates, incurs, assumes or suffers to exist any lien, pledge or other encumbrance or attachment of any kind whatsoever upon, affecting or with respect to the Equipment or any of DUNBAR'S interest therein. Upon the occurrence of a Default, DUNBAR may, at DUNBAR'S option and without notice to CUSTOMER, a) suspend service; b) require CUSTOMER to pay as liquidated damages and not as a penalty the present value of the remaining balance of the payments due under this CONTRACT, the Schedules and any other Transaction Document, plus all other amounts (including any past due payments) owed to DUNBAR under this CONTRACT, the Schedules and any other Transaction Document, c) regardless of whether such amounts are paid, require CUSTOMER to return the Equipment to DUNBAR, d) cancel this CONTRACT but no such cancellation shall be deemed to occur unless written notice to that express effect is given by DUNBAR to CUSTOMER, e) take immediate possession of any or all of the Equipment without notice or demand and without court order or process, and for such purpose, enter upon any premises without liability for so doing, f) proceed by appropriate action either at law or in equity to enforce performance by CUSTOMER of the applicable covenants of this CONTRACT or recover damages for the breach thereof, and/or g) pursue any other remedy available to DUNBAR at law or in equity. In addition, CUSTOMER agrees to pay DUNBAR all costs and expenses, including reasonable attorney's fees, incurred by DUNBAR, in exercising or attempting to exercise any of DUNBAR'S rights or remedies, plus pay interest at the Default Rate on all amounts owing until paid if so ordered by a court. If this CONTRACT is deemed to create a security interest, DUNBAR'S remedies will include those available under Article 9 of the UCC. A waiver of default shall not be construed as a waiver of any other or subsequent default. The foregoing remedies are cumulative and not exclusive and may be exercised concurrently with one another. CUSTOMER shall remain liable for any deficiency after the exercise of such remedies. DUNBAR shall not be required to mitigate CUSTOMER's damages hereunder. Any amounts to be discounted to present value shall be discounted at a rate of 5% per annum. "Default Rate" shall mean the lesser of (a) 20% per annum or (b) the maximum amount permitted by law. 26. MISCELLANEOUS This contract may be executed by facsimile which will constitute originals for all purposes. All notices to DUNBAR shall be in writing. Section headings and captions in this CONTRACT are for convenience only and shall not affect the construction or interpretation of this CONTRACT. Any provision of this CONTRACT, or of any other Transaction Document, that Is prohibited by, or unenforceable under, the laws of any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions of this CONTRACT, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, CUSTOMER hereby waives any provision of law which renders any provision of this CONTRACT or any other Transaction Document prohibited or unenforceable in any respect. 27. WAIVER OF JURY TRIAL DUNBAR AND CUSTOMER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH DUNBAR AND/OR CUSTOMER MAY BE PARTIES ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS CONTRACT OR ANY OF THE OTHER TRANSACTION DOCUMENTS. Any claim arising under or related to this CONTRACT or the Equipment will be governed by the laws of the State of Texas and will be adjudicated exclusively in any State or Federal court located in Texas (or the state of DUNBAR's Assignee, if different). Accepted on behalf of Accepted on behalf of DUNBAR 61r1ORED, INC. City of Corpus Christi Signed by: Seth McElroy Senior Vice Presiden Administration Attachments 'fhe Following Altachments arc hereby incorporated in the Contract: Schedule of Service and ServiceRates Fuel Matrix Safe Warranty Customer Signature Authorization Print or ,pe Name & Title FEIN: 74-6000574 Organizational No.: Service Contract #48000976 DIJNCM02I3 Page 4 of 8 Proposal ID 8022 SCHEDULE OF SERVICE AND SERVICE RATES Schedule No. 287793 to Cash Manager Master ServiceContract Between Dunbar Armored, Inc. and City of Corpus Christi As shown in this Agreement 837 (the "Master Agreement) (Excluding Sales & Use Taxes, if applicable) Texas LIC 506573 1. Master Agreement The Master Agreement is hereby incorporated into this Schedule and made a part hereof Each capitalized term used in this Schedule. but not defined herein, shall have the meaning given such term in the Master Agreement. The items of Equipment described on Schedule Of Service And Service Rates are hereby leased an the terms specified in this Schedule and the Master Agreement. 2 Term. The term of this Schedule is twelve (12) months and shall commence upon the earlier to occur of (a) the date CUSTOMER executes the Certificate of Acceptance or (b) the seventh day immediately following the date DUNBAR delivers and installs the Equipment at the respective location, unless CUSTOMER has rejected such Equipment in writing on or before the seventh day immediately following the date DUNBAR delivers and installs the Equipment at the respective location (the earliest to occur being referred to as the "Location Commencement Date") CUSTOMER shall be obligated to pay for services for such location and Equipment upon the Location Commencement Date DUNBAR ARMORED, INC. City of Corpus Christi Customer Signature Authorization Pnnt or Type Name Title Countersigned by: Seth McElroy / Senior Vice President Administration Service Location(s): Loc # Location 3 City of Corpus Christi /Health DepartmenUCirculation Desk 1st Floor. 1702 1 lorned RD. Corpus Christi, TX 78469 Services Equipment C'M2400 Cash Manager Sate Service Days Max Shipments Depository(les) FEIN Schedule of Rates Serial Number Q447130382 Cash Manager Safe Wednesday Deposit Pickup Deposit Processing Change Order Delivery Special Trip Cash Checks Wednesday Change Orders $50,000 SAN ANTONIODCVS $3,000 FROST BANK 802 N CARANCAHUA STREET CORPUS CHRISTI. TX 78401 $5,000 SAN ANTONIO DCVS On -Call Cash Checks Dunbar EZ -Change Wednesday Change Orders Deposit Venfication Cash Checks $50,000 SAN ANTONIO DCVS $3,000 FROST BANK 802 N. CARANCAHUA STREET CORPUS CHRISTI, TX 78401 85,000 SAN ANTONIO DCVS $50,000 SAN ANTONIODCVS $3,000 FROST BANK 802 N. CARANCAHUA STREET CORPUS CHRISTI, TX78401 Per Month Per Location Per Holiday Trip Per $1000 Over Stated Liability Per Item Over 2 Per Trip Per Minute Over 5 On Site Included in Monthly Rate Per Special Trip Per 81000 Over Stated Liability Per Item Over 2 Per Trip Per Minute Over 5 On Site Per Roll Of Coin Per Strap Of Currency Per Non -Standard Order Per Returned Order Per Manual Drop Verified 8559.18 $55.00 $0.28 $100 $2.00 $0 00 $55.00 $0.28 51.00 $2.00 $0.0850 $0.6000 $3.7500 $25.0000 $2.50 Holidays On Call Excluding: Thanksgiving, Christmas This Contract includes set up with the depository bank as stated on the Schedule of Service. Any subsequent change or modification to the depository bank will be subject to a change fee of $75.00 per location Service Contract 48000976 Page 5 of 8 DUNBAR agrees to provide CUSTOMER with a receipt book and an initial supply of scanning cards at no cost to theCUSTOMER Replacement receipt books and scanning cards will be provided at DUNBAR's standard fees for suchsupplies. Service Contract 48000976 Page 6 of 8 Safe Warranty Dunbar Cash Manager Safe equipment is warranted, subject to conditionsset forth below, to be free from defects in materials and workmanship for the term of the contract. If the equipment proves defective, it shall be repaired, or necessary parts replaced, with no charge for parts/labor provided during contractor's normal local business hours while under continuing warranty. The technician will arrive on site within six (6) hours of the Contractual Service Hours. Contractual Service Hours are Monday through Sunday 8:OOAM - 5:00 PM Local time, Federal Holidays excluded. If a part is needed, the technician will order from the Dunbar Inventory to arrive on-site next business day. The Dunbar technician will return to replace the part within six (6) hours of the part arriving on site Monday through Sunday 8:00 AM - 5:00 PM local time. This warranty expressly does not cover printer paper jams. Consumable items (i.e. paper, canisters, bags, keys) are warranted only to the extent that such items are shipped in proper working condition. There is no warranty on canisters or keys. Failure to maintain general upkeep, cleaning, etc. as may be described in the safe manual may result in voiding the warranty. The equipment or any of its electronic or mechanical parts may not be altered or serviced by anyone other than an authorized service agent nor used contrary to instructions or in violation of product manual. See out- of- scope calls below, which shall be the responsibility of safe user and will be billed by Dunbar in the Dunbar monthly invoice. Exclusions: Out -of -Scope Calls Out- of- Scope is defined by calls that are dueto: Corrosion/Liquid Damage Physical Abuse Parts Missing/Stolen Vermin Infestation Safe Upgrades - Upgrades are defined as calls to modify the basic functionality of the safe whether hardware and/or software. Acts of God, Excessive Support Delays, Relocations/Moves, Abuse, Neglect, Accidental damage, orMisuse Safe printer - Manufacturer's warranty applies Page 7 of 8 Texas LIC B06573 AO Sail Mir Exhibit A Proposal ID: 8022 Schedule No. 287793 The Dunbar fuel surcharge matrix is based on benchmark information from the US Energy Information Administration (www.eia.gov) and will be calculated monthly. Fuel Matrix (Monthly Rates) Average Fuel : lx Week 2x Week 3x Week 4x Week 5x Week 6x Week 7x Week $0.00 - $3.99 $8.50 $17.00 $25.50 $34.00 $42.50 $51.00 $59.50 $4.00 - $4.99 $11.00 $22.00 $33.00 $44.00 $55.00 $66.00 $77.00 $5.00 - $5.99 $13.25 $26.50 $39.75 $53.00 $66.25 $79.50 $92.75 Should fuel prices increase above $5.99 per gallon, the fuel matrix will continue with increases consistent with the schedule above. Service Contract: 48000976 Customer Initials Date: Page 8 of 8 Attachment B: Bid/Pricing Schedule Pricing Form- Armored Courier Services RFB 151 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LYDIA JUAREZ BID TABULATION BID EVENT NO. 151 Commodity: Armored Courier Services ITEM DESCRIPTION UNIT QTY Dunbar Armored Hunt Val ey, MD UNIT PRICE EXTENDED PRICE 1 Police Department -321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot -5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 151 Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. include the pick as follows: • CM2400 Cash Manager Safe Rental Months 12 $559.18 $6,710.16 • Fuel Charge for Safe pickup Week 52 $8.50 $442.00 4 Central Cashiering - City Hall lst Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court -120 N. Chaparral St Months 12 $345.32 $4,143.84 6 Landfill/Solid Waste -7001 Ayers St, Months 12 $345.32 $4,143.84 7 Corpus Christi International Airport. 1000 International Dr Parking Toll Plaza -Parking Lot Exits Months 12 $345.32 $4,143.84 Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 Total $37,294.40 This Pricing Form is to be used and will supersede the original pricing structure of services submitted in the initial RFB response. Services from Bid Form for RFB No. 151 Armored Courier Services has been revised to remove pickup location services as follows: Health Department- 1. Administration, 2. Immunization, 3. Vital Statistics, 4. STD Clinic, Laboratory, TB Eliminations; Landfill/Solid Waste- Saturdays and Holidays; and Corpus Christi International Airport- Sunday & all Holidays pickup locations. Bidder has acknowledged and agreed to services and pricing as stated in this bid pricing form. Bidder Signature C6:404 /11e -C11/111)1 Authorized Signature 3-/, Date Attachment B: Bid/ Pricing Schedule Date: August 26, 2096 Bidder: Dunbar Armored, Inc. CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 151 Armored Courier Services Authorized Signature: Slvo PAGE 1 OF 2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Police Department - 321 John Sartain St. Months 12 $345.32 $4,143.84 2 Police Impound Lot - 5485 Greenwood Dr. Months 12 $345.32 $4,143.84 Police Impound Lot - 1st Saturday of the Month Days 12 $17.74 $212.88 3 Health Department -1702 Horne Rd. To include the pick- locations for the City Health Department as follows: 1. Administration -10 Floor, Room 12 2. Immunization - 2nd Floor, Room # not assigned 3. Vital Statistics - 1" Floor, Room 21 4. STD Clinic - 1n Floor, Room 134 5. Laboratory -10 Floor, Room # not assigned 6. TB Eliminations -15i Floor, Room 113 Months 12 $1,617.26 $19,407.12 4 Central Cashiering - City Hall 1st Floor, 1201 Leopard St. Months 12 $345.32 $4,143.84 5 Municipal Court-120 N. Chaparral St Months 12 • $345.32 $4,143.84 6 Landfill/Solid Waste-7001 Ayers St. Months 12 $345.32 $4,143.84 Landfill Saturdays Days 52 $17.74 $922.48 Landfill Holidays (Operating Memorial Day, Labor Day, Friday after Thanksgiving) Days 3 $75.00 $225.00 7 Corpus Christi International Airport - 1000 International Dr Parking Toll Plaza-Parking Lot Exits Months 12 $345.32 $4,143.84 Corpus Christi International Airport Saturdays Days 52 $17.74 $922.48 Corpus Christi International Airport Sundays & All Holidays Days 59 $400.00 $23,600.00 8 Development Services- 2406 Leopard St. Months 12 $345.32 $4,143.84 9 Option - Smart Safe Lease Equipment, if available EA 1 See Attached Documents Total $74,296.84 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 Contract Administrator 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 policies by BLANKET endorsement, except in the case of gross negligence and/or willful misconduct on the part of the City, and a waiver of subrogation endorsement is required on GL, AL and WC, if applicable. Endorsement must be provide with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 ARMORED CAR "ALL-RISK" TRANSIT & STORAGE INCLUDING FIDELITY COVERAGE $1,000,000.00 Page 1 of 3 RFB Template 7.06.16 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. 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; • 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. Page 2 of 3 RFB Template 7.06.16 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Purchasing Armored Car Services 7/18/16 my Risk Management Page 3 of 3 RFB Template 7.06.16 Attachment C: Bond Requirements Bonds are not required for this Service Agreement; section 5. (B) is null for this service agreement. Attachment D: Warranty Requirements Industry Leading Safe Service and Warranty Plan for Cash Manager Safe Dunbar's comprehensive and convenient service plan ensures maximum uptime for your safe. • 6 -hour response after opening a service call • Rapid return to service • 100% Parts and Labor warranty for life of Contract (out of Scope not included) • Convenient consistent service- You can focus on your store, not repairing the safe AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Rezoning Property located at 402 North Padre Island Drive CAPTION: Case No. 0517-01 Yarborough Ranches LP: A change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District. The property is described as Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District and to the "IL" Light Industrial District and "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District for the development of office space in the General Commercial District as a buffer to an industrial park in the Light Industrial District. The property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as commercial throughout. It is Staff's opinion, however, that the requested rezoning will be consistent with the zoning of adjacent property with the use of a transitional commercial buffer. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "IL" Light Industrial District and "CG - 2" General Commercial District is inconsistent with the adopted Future Land Use Map, but is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 Yarborough Ranches LP ("Owner"), by changing the UDC Zoning Map in reference to Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas; from the "CG - 2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District; amending Plan CC 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 by Yarborough Ranches LP ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 17, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District, and on Tuesday, June 20, 2017, 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 Yarborough Ranches LP, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 -acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane (the "Property"), from the "CG - 2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District (Zoning Map No. 051042), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TRACT 1 LEGAL DESCRIPTION 22.47 ACRES NUECES COUNTY, TEXAS A 22.47 acre tract out of Lots 1 and 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas, also being out of a 34.45 acre tract described in Volume 1341, Page 124, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found in the east right-of-way of North Padre Island Drive, for the northwest corner of said 34.45 acre tract, THENCE North 88°36'34" East, with the north line of said 34.45 acre tract, a distance of 616.74 feet to the northwest corner and POINT OF BEGINNING of the tract herein described; THENCE North 88°36'34" East, with said north line, a distance of 1560.00 feet to a point on said north line for the northeast of the herein described tract; THENCE South 01°24'32" East, a distance of 627.34 feet to a point on the south line of said 34.45 acre tract for the southeast of the herein described tract; THENCE South 88°36'34" West, with said south line, a distance of 1560.00 feet to a point for the southwest corner of the herein described tract; THENCE North 01°24'32" West, a distance of 627.34 feet to the POINT OF BEGINNING and containing 24.47 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. \Ho\trk.o. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith / Hanson TBPE F#355 TBPLS F# 100395-00 Date: I;\ 2i , 7,01 EXHIBIT A Page 1 of 1 TRACT 2 LEGAL DESCRIPTION 3.10 ACRES NUECES COUNTY, TEXAS A 3.10 acre tract out of Lot 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas, also being out of a 34.45 acre tract described in Volume 1341, Page 124, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found in the east right-of-way of North Padre Island Drive, for the northwest corner of said 34.45 acre tract, THENCE North 88°36'34" East, with the north line of said 34.45 acre tract, a distance of 2176.74 feet to the northwest corner and POINT OF BEGINNING of the tract herein described; THENCE North 88°36'34" East, with said north line, a distance of 215.00 feet to a point in the west right-of-way of Flato Road, for the northeast corner of said 34.45 acre tract and the northeast of the herein described tract; THENCE South 01°24'32" East, with the west right-of-way line of said Flato Road, a distance of 627.34 feet to a point for the southeast corner of said 34.45 acre tract and the southeast of the herein described tract; THENCE South 88°36'34" West, with the south line of said 34.45 acre tract, a distance of 215.00 feet to a point for the southwest corner of the herein described tract; THENCE North 01°24'32" West, a distance of 627.34 feet to the POINT OF BEGINNING and containing 3.10 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith / Hanson TBPE F#355 TBPLS F# 100395-00 Date: 'A-vr; l 2I 7.01-1 EXHIBIT A STACEY KING MORA Page 1 of 1 LOCH rION MAP Z 0 GENERAL NOTES 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (NAD 1983). 2. SUBJECT PROPERTY ZONED LIGHT INDUSTRIAL (IL), GENERAL COMMERCIAL (CG -2), AND RESIDENTIAL MULTI -FAMILY (RM -3). N88° 36' 34"E 616.74' LOT 1A, BLOCK 4 C.RUSSR FARM BLOCKS VOLUME 1341, PAR 124 ZONING CHANGE EXHIBIT 430 NORTH PADRE ISLAND DRIVE N88° 36' 34"E 1560.00' LOT 2A BLOCK 4 FARB EL VOL NES 341, PACE L 245 0 87.5 175 GRAPHIC SCALE IN FEET N88° 36' 34"E 215.00' REMAINING 8.88 ACRES OUT OF 34.45 ACRES NUECES COUNTY, TEXAS TRACT 1 22.47 ACRES OUT OF 34.45 ACRES REZONING PROPOSED= IL 2247 ACRES CUT CF 34.. ACRE 1PACT. AS DESCRIBED IN 1}OEEO PECOflOEO IN WLUME 41X PAGE 124, ryM E FE, S88° 36' 34"W 616.65' NI LOT 3 egg,; BOOM UBONISION VOWNE e, PAR 53 N.C.i. OWNER: NEARRERFOR (iRPl S88° 36' 34"W 1560.00' 1B.n ACRE TRACT BEI. OUT CF A 31.4BBS ACCF UM] DESCRIBED IN DEEDACK RECORDED N DOCUMENTRNO. 235320, D.R.N.C.T. 0 Copyrig TRACT 2 3.10 ACRES OUT OF 34.45 M ACRES REZONING PROPOSED= CG -2 34..A CRE ACE OFFS DESCRIBED IN A DEED RECORDED IN VOLUME 13REC RDS NUECES PAGE 124, S COUNTY. TEXAS S88° 36' 34"W 215.0 ' n Professional Si fCe Mc. 2017 HANSON Hanson Professional Services Inc ZONING CHANGE EXHIBIT 34 458 ACRES OF LAND BEING A PORTION OF LOTS 1 AND 2, BLOCK 4,J C RUSSELL FARM BLOCKS, A MAP OF WHICH IS RECORDED IN OLUME 28,PAGES 5859, MR N CT BEING THE SAME LAND AS DESCRIBES S TRACT NO 18 AND TRACT NO 2B IN THAT CERTAIN DEED DATED JULY 14, 1969, FROM BALDWIN FARMS, INC. TO KATHERINE KELBERG YARBOROUGH, FILED UNDER CLERK'S FILE NO 795858. VOLUME 1341. PAGE 124. DR N. CT. CORPUS CHRISTI, NUECES COUNTY, TEXAS EXHIBIT B Aerial Overview Vicinity Map ti Aerial Map 1 N PLANNING COMMISSION FINAL REPORT Case No.: 0517-01 Infor No. 17ZN1018 Planning Commission Hearing Date: May 17, 2017 0 o_ ca v V N _ d a a� 0 J oes Applicant/Representative: IDV Development Services, LLC Owner: Yarborough Ranches LP Location: 402 North Padre Island Drive Legal Description: Tract 1 being a 22.47 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lots 1 and 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, and Tract 2 being a 3.10 - acre tract out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas, located on the west side of Flato Road between Bates Road and Bear Lane. Zoning Request From: "CG -2" General Commercial District and "RM -3" Multifamily 3 District To: "IL" Light Industrial District and "CG -2" General Commercial District Area: 25.57 acres Purpose of Request: To allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial District "RM -3" Multifamily 3 District Agricultural Commercial North "CG -2" General Commercial District "RM -3" Multifamily 3 District Agricultural Drainage Corridor Commercial South "IH" Heavy Industrial District "IL" Light Industrial District "RM -3" Multifamily 3 District Vacant Light Industrial Commercial East "RS -6" Single Family 6 District Public/Semi Public Public/Semi Public West "IL" Light Industrial District Agricultural Commercial o ca o E ca a o 5 Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District and "CG -2" General Commercial District is consistent with the Future Land Use Map, the Westside Area Development Plan, and Plan CC. Map No.: 051042 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 630 feet of street frontage along North Padre Island Drive (State Highway 358 West) which is designated as an "F1" Freeway/Expressway and 630 feet of street frontage along Flato Road which is designated as a "01" Minor Residential Collector. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Padre Island Drive "F1" Freeway/Expressway 400' ROW Varies Paved 300' ROW 260' Paved Not Available Flato Road "01" Minor Residential Collector 60' ROW 40' Paved 42' ROW 33' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to "IL" Light Industrial District and "CG -2" General Commercial District to allow for the construction of offices in the General Commercial District and a light industrial park in the Light Industrial District. Development Plan: The subject property is comprised of 25.57 acres. It is proposed to be developed into office space for the first 215' of depth along the frontage of Flato Road and beyond that to North Padre Island Drive, a light industrial park is planned. Existing Land Uses & Zoning: The subject property is zoned "CG -2" General Commercial District and "RM -3" Multifamily 3 District with agricultural use. The north property is zoned "CG -2" General Commercial District and "RM -3" Multifamily 3 District with agricultural use and a drainage corridor. The property to the south is "IH" Heavy Industrial District,"IL" Light Industrial District, and "RM -3" Multifamily 3 District with portions having light industrial use and portions vacant. The west property is zone "IL" Light Industrial District and has agricultural use. The property to the east is zoned "RS - 6" Single Family 6 District and has a public/semipublic use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to "IL' Light Industrial District and "CG -2" General Commercial District is consistent with the adopted Westside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Plan CC, Goal 1, Page 50). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, Page 36). • High-intensity commercial and industrial areas should be buffered to provide a transition from residential areas through the existence of: f) other transitional land uses. (Westside ADP, Policy Statement C.5). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas by means of property layout and organization of activities. (Westside ADP, Policy Statement C.6) • Encourage light industrial development in the Westside Study Area where infrastructure is in place and ready to serve development (Westside ADP, Policy Statement E.1, Figure 11) Department Comments: • The proposed rezoning is compatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is included in the recommended industrial development outlined in Figure 11 of the Westside ADP. • The transition from industrial to commercial at the frontage of Flato Road protects the abutting use of West Oso High School. • The proposed industrial park is consistent with existing development along North Padre Island Drive. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "CG -2" General Commercial District and "RM -3" Multifamily 3 District to the "IL" Light Industrial District and "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 a Notification Number of Notices Mailed As of May 26, 2017: In Favor In Opposition For 0.00% in opposition. — 9 within 200' notification area; 1 outside notification area — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-01 Yarborough Ranches LP\Council Documents\0517-01 CC Report Yarborough Ranches LP.docx BATES DR IL 2 6 9 1 TRACT 10 / SUBJECT PROPERTY ,TRACT/2 / 5 4 IL SP/15_0.8_ 0 8 RS - IH IL 0 400 800 ,Feet 6 CASE: 0517-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition AGNE6 cc!A BEAR 34� A 0' LOCATION MAP SUBJECT z�(PROPERTY g LEOPARD 6 114 City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Rezoning Property located at 901 Flato Road CAPTION: Case No. 0517-02 IDV NPID, LLC: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. The property is described as being a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of office space in the General Commercial District as a buffer to light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for the development of office space in the General Commercial District as a buffer to an industrial park in the Light Industrial District. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial. It is Staff's opinion that the requested rezoning will be consistent with the zoning of adjacent property with the use of a transitional commercial buffer. ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, and is supported by goals in Plan CC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 IDV NPID, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas; from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District; amending Plan CC 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 by IDV NPID, 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 17, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from "RM -3" Multifamily 3 District to the "CG -2" General Commercial District, and on Tuesday, June 20, 2017, 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 IDV NPID, LLC, ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane (the "Property"), from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District (Zoning Map No. 051042), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-02 IDV NPID, LLC\Council Documents\Ordinance_0517-02 IDV NPI D, LLC.docx Page 3 of 3 LEGAL DESCRIPTION 2.84 ACRES NUECES COUNTY, TEXAS A 2.84 acre tract out of Lot 2, Block 4, J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58 - 59, Map Records Nueces County, Texas. Said 2.84 acres also being out of a 31.4685 acre tract as referenced in File No. 235320, Deed Records, Nueces County, Texas, and more fully described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found for the southeast corner of Lot 4, Block 4, Gemini Subdivision, as shown on a map recorded in Volume 66, Page 53, Map Records, Nueces County, Texas, THENCE North 88°36'26" East, with the south line of said 31.4685 acre tract, a distance of 1033.33 feet to the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE North 01°24'32" West, a distance of 215.00 feet to a calculated point on the north line of a 31.4685 acre tract for the northwest corner of the herein described tract; THENCE North 88°36'22" East, with the north line of said 31.4685 acre tract, a distance of 215.00 feet to a calculated point on the west right-of-way line of Flato Road, for the northeast corner of the herein described tract; THENCE South 01°24'32" East, with the west right-of-way line of said Flato Road, a distance of 574.67 feet to a calculated point on the west right-of-way line of Flato Road, for the southeast corner of the herein described tract; THENCE South 88°36'26" West, a distance of 215.00 feet to the POINT OF BEGINNING and containing 2.84 acres of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). flAcrtA Stacey Iig IVldra, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith/Hanson Professional Services TBPE F#355 TBPLS F# 100395-00 Date: \ 21, 2-07 EXHIBIT A Page 1 of 1 NOT TO SCA. GENERAL NOTES 1. ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE (NAD 1983). 2. SUBJECT PROPERTY ZONED LIGHT INDUSTRIAL (IL)AND RESIDENTIAL MULTI -FAMILY (RM -3). TRACT NO. 3 34.41 ACRES VOLUME 1341, PAGE 124 D.R.N.C. T. OWNER: YARBOROUGH RANCHES LP ZONING CHANGE EXHIBIT N88° 36' 22'E 1033.31' 232 FLATO ROAD 0 50 100 GRAPHIC SCALE IN FEET N88° 36' 22"E 215.00 CD0 CY > 0 UpE z CO CO N J o w N J NN0] o• O_Up VI _Z ozz��w� -zw CL CD oCC 0 REMAINING 13.63 ACRES OUT OF 16.47 ACRES 13,63 ACRES OUT OF A 16,47 ACRE TRACT BEING OUT OF A 31,4685 ACRE TRACT AS REFERENCED IN A DEED RECORDED IN OLE NO, 235320, DEED RECORDS, NUECES COUNTY, TEXAS, POINT OF BEGINNING LOT 2 GEMINI SUBDIVISION BLOCK 4 VOLUME 65, PAGE 20 M.R.N.C. T. OWNER: PENSKE TRUCK LEASING CO. LP. 20' DRAINAGE EASEMENT AS PER 0,28, PGS. 58-59 M.R.N.C.T. 2.84 ACRES OUT OF M 16.47 ACRES ITEM t,) 1s U . AS PER DOC. No. 269415, D.R.N.C.T. S88" 36 26"W 1033.33' CLIFF INVESTMENTS INC. 14.1 ACRE TRACT DOCUMENT NO. 2007027398 D.R.N.C. T. REZONING PROPOSED= CG -2 2.84 ACRES OUT OF A 16.47 ACRE TRACT BEING OUT OF A 31.4685 ACRE TRACT AS REFERENCED IN A DEED RECORDED IN FILE NO. 235320, DEED RECORDS, NUECES COUNTY, TEXAS. S881 36' 26"W 215.00 0 Copyright Hanson Prolessio O Q � 0 o O Fq Fc, G o a/ Se vices Inc. 2017 4 HANSON Hanson Professional Services Inc ZONING CHANGE EXHIBIT 16.47 ACRE TRACT BEING OUT OF A 31.4685 ACRE TRACT OF LAND DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 235320, DEED RECORDS, NUECES COUNTY, TEXAS CORPUS CHRISTI, NUECES COUNTY, TEXAS EXHIBIT B Aerial Overview Aerial Map 1 N PLANNING COMMISSION FINAL REPORT Case No. 0517-02 INFOR No. 17ZN1019 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Applicant/Representative: IDV Development Services, LLC Owner: IDV NPID, LLC Location: 901 Flato Road Legal Description/Location: Being a 2.84 -acre tract of land out of J.C. Russell Farm Blocks, Block 4, Lot 2, as shown on a map recorded in Volume 28, Pages 58-59, Map Records of Nueces County, Texas located on the west side of Flato Road between Bates Road and Bear Lane. Zoning Request From: "RM -3" Multifamily 3 District To: "CG -2" General Commercial District Area: 2.84 acres Purpose of Request: To allow for the construction of office space in the General Commercial District and a light industrial park in the Light Industrial District. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RM -3" Multifamily 3 District Vacant Commercial North "RM -3" Multifamily 3 District Agricultural Commercial South "IL" Light Industrial District Agricultural Commercial East "RS -6" Single Family 6 District Public/Semi Public Public/Semi Public West "IL" Light Industrial District Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the Future Land Use Map, the Westside Area Development Plan, and Plan CC. Map No.: 051042 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 570 feet of street frontage along Flato Road which is designated as a "01" Minor Residential Collector. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flato Road "01" Minor Residential Collector 60' ROW 40' Paved 42' ROW 33' Paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to "CG -2" General Commercial District to allow for the construction of offices in the General Commercial District. Development Plan: The subject property is comprised of 2.84 acres. It is proposed to be developed into office space for the first 215' of depth along the frontage of Flato Road and beyond that to North Padre Island Drive, a light industrial park is planned. Existing Land Uses & Zoning: The subject property is "RM -3" Multifamily 3 District and is vacant. The north property is zoned "RM -3" Multifamily 3 District with agricultural use. The property to the south is "IL" Light Industrial District with agricultural use. The west property is zone "IL" Light Industrial District and is vacant. The property to the east is zoned "RS -6" Single Family 6 District and has a public/semipublic use. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to "CG -2" General Commercial District is inconsistent with the adopted Westside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Plan CC, Goal 1, Page 50). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Goal 2, Page 36). • High-intensity commercial and industrial areas should be buffered to provide a transition from residential areas through the existence of: f) other transitional land uses. (Westside ADP, Policy Statement C.5). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas by means of property layout and organization of activities. (Westside ADP, Policy Statement C.6) • Encourage light industrial development in the Westside Study Area where infrastructure is in place and ready to serve development (Westside ADP, Policy Statement E.1, Figure 11) Staff Report Page 3 Department Comments: • The proposed rezoning is incompatible with PIanCC and the Westside Area Development Plan. The proposed rezoning is included in the recommended industrial development outlined in Figure 11 of the Westside ADP. • The transition from industrial to commercial at the frontage of Flato Road protects the abutting use of West Oso High School. • The proposed industrial park is consistent with existing development along North Padre Island Drive. Planning Commission and Staff Recommendation (May 17, 2017): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District. Vote Results: For: 9 Opposed: 0 Absent: 0 Public Notification Number of Notices Mailed — 3 within 200 -foot notification area 4 outside notification area As of May 23, 2017: In Favor In Opposition — 0 inside notification area — 0 outside notification area — 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. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0517-02 IDV NPID, LLC\Council Documents\0517-02 CC Report IDV NPID, LLC.docx SUBJECT PROPERTY 1 IL 0 7 400 RM - 2 3 800 Feet RS -6 Date Created: 5/3/2017 Prepared By: IvetteM Department of Development Services CASE: 0517-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition AGNES CGA BEAR 30S AP LOCATION MAP SUBJECT PROPERTY AGNES LEOPARD 0 n Bay 0 ilh City of Corpus Christi 4/ N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: May 30, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Closing and abandoning three utility easements located at 6002 & 6116 South Staples CAPTION: Ordinance abandoning and vacating three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy - Robertson, Inc, to comply with the specified conditions. PURPOSE: The purpose of this item is to abandon and vacate portions of three utility easements and allow for Gandy -Robertson, Inc. to re -plat and combine the existing lots into one. BACKGROUND AND FINDINGS: Gandy -Robertson, Inc. (Owner) is requesting the abandonment and vacation of three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples. The abandonment and vacation of the utility easements are being requested by the Owner in conjunction with the re -plat of Gusto Subdivision, Block 1, Lot 1 R. Staff recommends the Owner pay no fair market value fee in accordance with Texas Local Government Code §272.001 (b) because the Owner will be dedicating utility easements on the property which will greatly exceed the area of the requested closure. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: No other utilities need to be relocated as part of the closure CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of City Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; and requiring the owner, Gandy - Robertson, Inc, to comply with the specified conditions. WHEREAS, Gandy -Robertson, Inc. (Owner) is requesting the abandonment and vacation of three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate portions of three utility easements, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Gandy -Robertson, Inc. ("Owner"), three utility easements, 0.0281 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 6 and 0.0311 -acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 1A, located at 6116 South Staples and 0.0237 - acre portion of an existing utility easement out of a part of Gusto Subdivision, Block 1, Lot 2A, located at 6002 South Staples, as recorded in Volume 44, Page 163, and Volume 47, Page 161 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A" (A-1, A-2, A-3) which is a metes and bounds description and field notes, Exhibit "B" (B-1, B-2, B-3) which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the three utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of City Council approval. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY Exhibit "A-1" Field Note Description for a 0.0281 of an acre (1,225 square feet) - 5' Utility Easement out of Lot 6, Block 1, Gusto Subdivision, as recorded in Volume 44, Page 163, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found In the east Right -of -Way (R.O.W.) of South Staples (100' R.O.W.) as recorded in Volume 47, Page 161 M.R.N.C.T., said point being the west corner of the said Lot 1A, Block 1, Gusto Subdivision, same point being the north corner of Lot 6, Block 1, Gusto Subdivision as recorded in Volume 44, Page 163 M.R.N.C.T., for the "POINT OF BEGINNING" of the herein described 5' utility easement, from which the point of curvature for a cutback corner located on the east R.O.W. of the said South Staples Street and the south R.O.W. of Wooldridge Road (75' R.O.W.), as recorded in Volume 47, Page 161 M.R.N.C.T., bears North 28°33' 49" East, 80.00 feet; THENCE South 61°26'11" East, continuing along and with the common boundary of the said Lot 1A & Lot 6, Block 1, Gusto Subdivision, a distance of 160.00 feet to a 5/8 inch iron rod found for the east corner of the said, Gusto Subdivision, same point being an interior corner of the said Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, continuing along and with the common boundary of the said Lot 2A, Block 1 & Lot 6, Block 1, Gusto Subdivision, a distance of 90.00 feet to a 5/8 inch iron rod found for the south corner of the said Lot 6, Block 1, Gusto Subdivision, same point being the west corner of the said Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, along and with the common boundary of the said Lot 1A Block 2, Champion Way Subdivision as recorded in Volume 67, Page 338, M.R.N.C.T., and the said Lot 6, Block 1, Gusto Subdivision, a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, departing the common boundary of the said Lot 1A, Block 2, Champion Way Subdivision and Lot 6, Block 1, Gusto Subdivision, crossing the said Lot 6, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 6, Block 1, Gusto Subdivision, a distance of 155.00 feet to a point in the east R.O.W. of the said South Staples Street (100' R.O.W.), for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, along and with the east R.O.W. of the said South Staples Street (100' R.O.W.), a distance of 5.00 feet to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0281 of an acre (1,225 square feet) of land, more or less. (AM bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. *Revised 05/22/2017. sO OF r„,y. K Xa/er Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas STATE OF TEXAS NUECES COUNTY Exhibit "A-2" Field Note Description for a 0.0311 of an acre (1,356 square feet) - 5' Utility Easement out of Lot 1A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found In the east Right -of -Way (R.O.W.) of South Staples (100' R.O.W.) as recorded in Volulme 47, Page 161 M.R.N.C.T., said point being the west corner of the said Lot 1A, Block 1, Gusto Subdivision, same point being the north corner of Lot 6, Block 2, Gusto Subdivision as recorded in Volume 44, Page 163 M.R.N.C.T., for the "POINT OF BEGINNING" of the herein described 5' utility easement, from which the point of curvature for a cutback corner located on the east R.O.W. of the said South Staples Street and the south R.O.W. of Wooldridge Road (75' R.O.W.), as recorded in Volume 47, Page 161 M.R.N.C.T., bears North 28°33' 49" East, 80.00 feet; THENCE North 28°33'49" East, along and with the east R.O.W. of the said South Staples Street ( 100' R.O.W.), a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, departing the east R.O.W. of the said South Staples Street (100' R.O.W.) continuing across the said Lot 1A, Block 1, Gusto Subdivision, a distance of 181.27 feet to a point for a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, continuing across the said Lot 1A, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point in the south R.O.W. of the said Wooldridge Road (75.00' R.O.W.), for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the south R.O.W. of the said Wooldridge Road (75' R.O.W.), a distance of 5.00 feet to a 5/8 iron rod found for the east corner of the said Lot 1A, Block 1, same point being the north corner of Lot 2A, Block 1, of the said Gusto Subdivision, for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, departing the south R.O.W. of the said Wooldridge Road (75' R.O.W.) continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 90.00 feet to a point for a common corner of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 186.27 feet to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0311 of an acre (1,356 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. U1 Xaer Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas STATE OF TEXAS NUECES COUNTY Exhibit "A-3" Field Note Description for a 0.0237 of an acre (1,031 square feet) - 5' Utility Easement out of Lot 2A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, Map Records of Nueces County, Texas (M.R.N.C.T.), being more particularly described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found at the in the south Right -of -Way (R.O.W.) of Wooldridge Road (75' R.O.W.) as recorded in Volulme 47, Page 161 M.R.N.C.T., same point being the west R.O.W. of Sarazen Drive (60.0' R.O.W.) as recorded in Volume 47, Page 161, M.R.N.C.T., for the east corner of Lot 2A, Block 1, Gusto Subdivision, from which the "POINT OF BEGINNING" of bears North 61°26'11" East, 183.73 feet, along and with the west boundary of the said Wooldridge Road, to a 5/8 iron rod found for the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the west R.O.W. of the said Woodridge Road (75' R.O.W.), a distance of 5.00 feet to a point for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, departing the west R.O.W. of the said Wooldridge Road (75' R.O.W.) , crossing the said Lot 2A, Block 1, Gusto Subdivision, a distance of 95.00 feet to a point fora corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 26.27 feet to a point for a corner of the herein described 5' utility easement; THENCE South 28°33'49" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 85.00 feet to a point for a corner of the herein described 5' utility easement; THENCE North 61°26'11" West, continuing across the said Lot 2A, Block 1, Gusto Subdivision, a distance of 5.0 feet to a point for a corner of the herein described 5' utility easement THENCE North 28°33'49" East, departing the east boundary of Lot 1A, Block 2, Gusto Subdivision as recorded in Volume 67, Page 338, M.R.N.C.T., continuing along and with the common boundary of Lot 6, Block 1, Gusto Subdivision, as recorded in Volume 44, Page 163, M.R.N.C.T., and the said Lot 2a, Block 1, Gusto Subdivision, a distance of 90.00 feet to a in the west boundary of Lot 1A, Block 1, Gusto Subdivision, as recorded in Volume 47, Page 161, M.R.N.C.T., same point being the east corner of the said Lot 6, Block 2, Gusto Subdivision, for a corner of the herein described 5' utility easement; THENCE South 61°26'11" East, along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, a distance of 26.27 feet to a 5/8 iron rod found for the south corner of the said Lot 1A, Block 1, Gusto Subdivision, an interior corner of the said Lot 2A, Block 1, same point being a corner of the herein described 5' utility easement; THENCE North 28°33'49" East, continuing along and with the common boundary of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision, a distance of 90.00 feet to a 5/8 inch iron rod found in the west R.O.W. of the said Wooldridge Road (75' R.O.W.), same point being a common corner of the said Lot 1A & Lot 2A, Block 1, Gusto Subdivision to the "POINT OF BEGINNING" and containing within these metes & bounds a 0.0237 of an acre (1,031 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Central Zone 4204, NAD 83). I hereby certify that the foregoing legal description was prepared from an on the ground survey performed on December 15, 2016, under my supervision and it correctly represents the facts found at the time of the survey. Xavr Sandoval Re istered Professional Land Surveyor License No. 5886 State of Texas LOCATION MAP (N.T.S.) PROJECT SITE LOCATION CORPUS CHRISTI, TEXAS Exhibit B-1 WOOLDRIDGE ROAD (75.(' R.O.W.) —/ BUILDING' `F NDY-ROBE:RED. INC., LCT rD.. DOC. k0. 39.6021258. aPRN .. N 28'33'49" E__._—� 5.00' N 6 5560'.:':. RES (1 225 SO FEET) GANDS-ROBE§TION 16e.. LOT 6 BLOCK 1 GUST SIBO.; M:R.N.C..T:.. ,OCNO 19960212 6, O. P.R.rv:C:l. 6116 GANDY-ROBERTSON 1N LOT 2A, BLOCK 1, TD SUED., GUSTO DOC. NO. 199602,256, oP.R.N.C.T. N 61'26'11" W 5.00' 40 80 120 LOT 1A, BLOCK cr.. DOC. No. 2011010909, o�P.re.rv.c.T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0 P R N.C.T OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M R B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED O UCC1-2.7. • REVISED 05/22/2017. LOT 18, BLOCK 2, DOG. N0 2013015315, o.a-Rrv.c.T. L XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PL0T REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. OF c1§*c EGISTERED PROFESSIONAL L•• '5URVEYO LICENSE NO. 5886, STATE OF TEXAS EXHIBIT SHOWING EASEMENT TO BE VACATED OUT OF LOT 10, BLOCK 1 GUSTO SUBDIVISION, VOLUE 47, PAGE 161, MRNCT_ AND ALL OF LOT 6, BLOCK 1, GUSTO SUBDIVISION, VOLUME 44, PAGE 163, M . N.C.T. DRAWN XDS DATE 1. 20FLU16 T 7� ' `� LXX ���\_ I SURVEYING I MAPPING APPROVED 75,14 DATE 01.3.2015 SCALE 1 "10 PROJECT NO. 161220E rnt 1118 \ 05 *158V050972.70,1004221 XUS LAND SUP.000140. LLC. F110N : 210.715.7189 som 01014 REGISTNATION 10; 94170 Exhibit B-2 LOCATION MAP (N TS-) wwLDRIDGE ROAD S 61'26'11" E PROJECT S] Jr— LOCATI CORPUS CHRISTI, TEXAS N 28'33'49" E 5.00' 0 40 80 120 r31-1 nm GANDY-ROBERTSON In LOT 14SUBD., vO RN_eT, DOC. NO. N0. 1996021256M0 V R.N.C.T S 61'26'11" E 181.27' 5.00' T 1A, BLOCK 1, EASEMENT VACATE! 00 00311 AC (1,356 SO FEET) B 6'1124'11 W... -.186127' GANOY-50 EkrS0N LOT s, BLOCK 1, GUSTO 1INC,BD., i.T., DOC. No. 1996 21256, o P.R.N.c T. PMc IN Rd GANDY-ROBERTSON C. DOC. NO. 1996021256, 1, 0..N.c.TD.T LOT 1A, BLOCK 2, DOC. NO. 2011010909, O. P.R.N.G.T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • O.P.R,N_C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • fE = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. GAR,. CLINIC CHAMPION SUBP LOT 1B, BLOCK 2, DOC NO. 2013015315, 0.P.P.N.C.T 1, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. EGISTERED PROFESSIONAL SURVEYOR LICENSE NO. 5886, STATE OF TEXAS EXHIBIT 06106NG EASEMENT TO BE VACATED OUT OF LOT 1A, BLOCK 1 GUSTO SUBDIVISION, VOLUE 47, PAGE 161, M . N.C.T. AND ALL OF LOT 6, BLOCK 1, GUSTO SUBDIVISION, VOLUME 44, PAGE 163, M.R NC T_ DRAWN DATEXD8 12808016 X ) S . SURVEYING I YIPPING APPROVED XDS DATE 12,21,2016 SCALE 1" -,01' pioA_cisr,q.o. PAC'ATL1' 1.(Y1' 1A - BLOCK 1 X D 5 LAND 004057167, lLC P H O N E: 2 1 0. 7 1 7 1 5 3 avie0059104 006 :0:14:7.,0 TOM REGISTRATION 10194 :70 Exhibit B-3 LOCATION MAP (N.T.S.) WOOLDRIDGE ROAD (75 0. lz_0 W.) S 61'26'11" E 5.00' DING IJNE" CORPUS CHRISTI, TEXAS 80 120 GANDY-ROBERTSON IN LOT 1A DOC N0. 1996021256, O.P.R.N.C.T. GANDY-ROBEOON LOT 4 163GUSTO M C. N0. 1996021256, 0 P.R.N.0 i. LOT , BLOCK 1, EASEMENT VACATE: 00237 ACRES (1,031 SO. FEET) PL GANDY-ROBERTSON INC soBD 1 DOC. NO. 1996021256, 0.PRN.C.T. �S 61'26'11" E 26.27' N 61'26'11" W 26.27' 6002 _NTS u DOC. No. 2011010009, O.P.R.N C T. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • 0.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED 0 UCC1 —2.7. N 61'26'11" W 5.00' SARTVEN CLINIC LL LOT CHAMPION LOCK 2,PG. DOC. N0. 20 5 130 3115, O. P.R N.C.T. I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER MY SUPERVISION THIS THE 15TH DAY OF DECEMBER, 2016. OF SANDJVAL 9 yo N� SURF EGISTERED PROFESSIONAL Lass SURVEYO LICENSE NO. 5886, STATE OF TEXAS EXHIBIT SHOWING 1, GUSTO SUBDIVISION, LOT 6, BLOCK 1, M.R.N.C.T. XHIsITS TO BE VACATED OUT OF LOT 2A, BLOCK VO UE 47, PAGE 161, M. R.N.1,T. AND ALL OF GUSTO SUBDIVISION, VOLUME 44, PAGE 163, DRAWN xIri DATEXD 12 2011016 S p q SUPIIYISIII 1 iAPl INU • APPROVED TE D 12,2120 Ifi SCALE I"-40' PROJECT NO. 1011220-11661- VACATE IpI' '1A, BI000K 1 005 AND (16111(6 LC. P110 81 20.71 B 7 158 av 12,3740,0-C9 1. G-9, FiK.M REGISTRATION 10114170 NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD83, SOUTH ZONE 4205. • A METES & BOUNDS DESCRIPTION ACCOMPANIES THIS BOUNDARY EXHIBIT. • O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. • M.R.B.N.T. = MAP RECORDS OF NUECES COUNTY, TEXAS. • D.R.B.N.T. = DEED RECORDS NUECES COUNTY TEXAS. • R = DENOTES PROPERTY LINE. • ALL RIGHTS RESERVED © UCC1-2.7. TON° C, �0��/NG z Q CD Q)i QR LOCA T I 0 N M A P CORPUS CHRISTI, TEXAS. LOCATION MAP SHOWING EASEMENT BLOCK 1, GUSTO SUBDIVISION, VOLUE AND ALL OF LOT 6, BLOCK 1, GUSTO PAGE 1 6 3 , TO BE VACATED OUT OF LOT 6, 44, PAGE 163, M.R.N.C.T. SUBDIVISION, VOLUME 44, M . R . N . C . T. TDRAWN T)ti DATE 12'?Ih3(Ilfi T T 1x1 0 S APPROVED DATE XDS 12/212016 S[RIFTING1 UPPING SCALE PROJECT NO. X05 LAN 2, SURVEYING, LLC. PHONE: 210.718.7189 vierdsandova1@gma11.20m FIRM RTGISTRATION 10194170 Aerial Overview Vicinity Map Proposed Plat (Combining 3 lots to 1 lot. All existing structures to be demolished) Existing 15Utility Easement to be vacated & abandoned. CR 207 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 20, 2017 Second Reading for the City Council Meeting of July 11, 2017 DATE: June 13, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Water Line Easement Dedication to San Patricio Municipal Water District on City -owned land near U.S. Highway 77 in San Patricio County CAPTION: Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty-five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24 -inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. PURPOSE: This ordinance dedicates a Water Line Easement and a temporary work easement to the SPMWD which enables them to construct a potable water line across the City's land for purposes of supplying potable water to the public. BACKGROUND AND FINDINGS: The SPMWD is presently acquiring easement rights for a replacement pipeline system to connect to the existing pipeline approximately 2.5 miles from the City of Corpus Christi's Cunningham Water Treatment Plant to the West Portland Pump Station, San Patricio County, Texas. This proposed pipeline system is being installed in three phases. The first two phases have been completed. The completion of the final phase will allow the SPMWD to begin purchasing treated water from the City again under the existing 1997 contract between the SPMWD and the City. Construction for the last phase is scheduled to begin in August 2017. This pipeline system proposes to cross the City's property that is the responsibility of the Water Department. The City recently received a request from the SPMWD to purchase or dedicate a Water Line Easement for a pipeline which would cross the City's property near U.S. Highway 77 in San Patricio County as shown on the attached City Council Exhibits. The pipeline will cross the Mary Rhodes Pipeline. The City's Department of Engineering, Water Department and Legal Department staff have evaluated the easement request and have no objection to its placement across the City's property. ALTERNATIVES: Do not dedicate the easement to the political subdivision. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority to dedicate this easement, as well as under the grant of powers under Section 1, Article X of the Charter. This ordinance conforms to Section 1, Article IX of the Charter. This dedication to the San Patricio Municipal Water District is authorized by state law, and specifically, under the Texas Local Government Code, Section 272.001 (I). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services Water Department FINANCIAL IMPACT: [ ] Operating [ ] Revenue [ ] Capital [X] Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: No expenditures are required. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation Water Line Easement Water Line Easement Exhibit Ordinance granting a twenty-five (25) foot wide Water Line Easement and thirty- five (35) foot wide Temporary Work Easement to the San Patricio Municipal Water District to construct, operate, maintain, repair and remove one (1) 24 -inch water line on City owned property near U.S. Highway 77 in San Patricio County; authorizing the City Manager or designee to execute a Water Line Easement and Temporary Work Easement instrument and other related documents for the conveyance of the easement. 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 the Water Line Easement and other related documents for the conveyance of the easement. Section 2. That the City Manager or designee is authorized to make minor amendments to the Water Line Easement and other related documents as may be necessary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Council Member That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED, this the day of , 2017. Rebecca Huerta Joe McComb City Secretary Mayor iwn 1A Location of City of Corpus Christi Property Proposed Easement Crossing ® FM -44 PerronOa Tierra Grande LOCATION MAP NOT TO SCALE - Corpus Christi Spio co V� Water Line Easement Dedication to San Patricio Municipal Water District CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Water Line Easement and Dedication to San Patricio Municipal Water District Council Presentation June 20, 2017 Project Location �hrsti Engineering North San Pedro Robstown Location of City of Corpus Christi Property Proposed Easement Crossing #1,3? v,ae, FM -44 O as Corpus Christi Sp/o Project Vicinity �hrsti Engineering do Edro, Beginning of Proposed Water Line Cunningham Plant Robstown ITo Colorado Rated Smron +, Morgan Farrn Are Taft Location of City of Corpus Chnstr Property Proposed Easement Crossing .N. Stevens Water Plant LEGEND Proposed 24" PVC Water Line - Existing Mary Rhodes Pipeline - Existing 24" Water Line End of Proposed Water Line Corpus Christi Poetarr 1 Gregory ingies.ae San Pattics(' Water Facilities rgesme on me Bay 3 Project Scope Corpus Chr sti Engineering • San Patricio Municipal Water District (SPMWD) is acquiring easement rights for a replacement pipeline to connect the existing pipeline 2.5 miles from the City of Corpus Christi's Cunningham Water Treatment Plant. • Will allow the SPMWD to begin purchasing treated water from the City under an existing contract • Dedicates a 25 foot wide Water Line Easement and 35 foot wide temporary work easement to the San Patricio Municipal Water District • Pipeline will cross under the Mary Rhodes Pipeline WATER LINE EASEMENT (PARCEL 4) STATE OF TEXAS COUNTY OF SAN PATRICIO § DATE: , 2017 GRANTOR: City of Corpus Christi, a municipal corporation (hereafter collectively called "GRANTOR") GRANTOR'S MAILING ADDRESS: 1201 Leopard St., 3rd Floor Corp us Christi, Texas 78401 GRANTEE: San Patricio Municipal Water District GRANTEE'S MAILING ADDRESS: P.O. Box 940 Ingles ide, Texas 78362 CONSIDERATION: Ten D ollars ($1 0.00) an d oth er go od and v aluable c onsideration, the rec eipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: A tract of land consisting of 0.086 acres, more or less, being out of the 11.001 acre City of Corpus Christi Tract 3B, as described in a deed recorded in Document No.539670, Deed Records San Patricio County, Texas. Said 0.086 acre easement also being out of the J.H.W. Ottman Survey, Abstract 213, San Patricio County, Texas, same being more particularly described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein for all purposes. PROJECT: For the purpose of 1 aying one (1) w ater pipeline and all necessary or desirable appurtenances thereto including, without limitation, cleanouts, valves, meters and manholes. Except as otherwise provided in this EASEMENT, all of the foregoing facilities will be buried a m inimum of thirty -six (3 6) inches below the surface of the EASEMENT PROPERTY at all places. The PROJECT includes the placement or installation of above -ground water pipeline markers at existing and/or future fences, and at the edges of roads and the edges of property lines. GRANTOR, for th e CONSIDERATION of th e mutual benefit oft he parties hereto, hereby grants, dedicates, and conveys to GRANTEE a perpetual easement and right-of-way in, upon, under, over and across the EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold to GRANTEE and GRANTEE' s successors an d assigns forever. T he easement, right-of-way, rights , an d privileges h erein granted shall b e use d for the purposes of exc avating for, lay ing, constructing, placing, o perating, m aintaining, reco nstructing, re placing, re building, upgrading, renew ing, removing, inspecting, patrolling, changing, modifying, or repairing the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTOR also gr ants to GRANTEE a temporary construction easement in, upon, over, and across a thirty-five (3 5) foot strip of land that is adjacent to either, but not both, of the boundaries of the EASEMENT PROPERTY for the purposes of constructing and laying the PROJECT in the EASEMENT PROPERTY. This temporary constru ction e asement sha 11 a utomatically e xpire whe n t he PROJECT is placed in service. GRANTOR also grants to GRANTEE a tem porary wo rk easem ent, to be ex ercised after initial installation of the PROJECT, in, upon, over, and across a thirty-five (35) foot strip of land that is adjacent to either, but not both, the boundaries of the EASEMENT PROPERTY for the purposes of excavating for, laying, 2 constructing, placing, o perating, m aintaining, reco nstructing, re placing, re building, upgrading, renew ing, removing, ins pecting, patrolling, changing, m odifying, or repair ing of the PRO JECT, or a ny part oft he PROJECT, in the EASEMENT PROPERTY. GRANTEE shall have the right of ingress and egress at all tim es upon and acros s the EASEMENT PROPERTY for the above stated purposes. In the event that immediate access to the EASEMENT PROPERTY is not reasonably available over the EAS EMENT PROPERTY, and only in that event, then GRANTEE shall have the right of ingress and egress over existing roads across the adjacent or remainder property of GRANTOR for the purpose of obta ining such access. In t he event that such access is not rea sonably available over t he EASEMENT PROPERTY and not available over existing roads, and only in that event, GRANTEE shall have the right of re asonable ingress and egr ess over the adjacent property of GRANTOR along any route that is reasonable and appropriate under the circumstances then existing in order to obtain such access. GRANTEE shall have the right to install and maintain appropriate gates along and in any fence, as necessary or appropriate for the exercise of GRANTEE's rightof ingress and egress on the EASEMENT PROPERTY or adjacent property of GRANTOR. GRANTEE shall have the right to license, permit or otherwise agree to the joint use or occupancy of the EASEMENT PROPERTY by any other person or entity for the purposes set out herein. GRANTOR agrees that GRANTOR shall not place any structure or materials in or on the EASEMENT PROPERTY that may endanger or may interfere with the safe, efficient, or convenient operation, or maintenance of the PROJECT or the rights of ingress and egress granted herein. GRANTOR, its successors or assigns, shall not place or store any material upon, or cover, bury, pave over, or otherwise obstruct, any clean out, valve, meter, or manhole located within the EASEMENT PROPERTY. GRANTOR shall not plant trees or shrubs of any kind within the boundaries of the EASEMENT PROPERTY. In theevent that GRANTOR shallplace any unpermitted structure or materials within the boundaries of the EASEMENT PROPERTY and fails to remove same within ten (10) days of receipt of writte n notice de livered certified m ail, re turn re ceipt reques ted by GRANTEE, GRANTEE shall have the right, but not the obligation, to remove such structur e or material. In the event, GRANTEE removes such unpermitted structure or materials from the EASEMENT PROPERTY, GRANTOR shall reimburse GRANTEE for any and all costs connected with such re moval including, but not lim ited to, contractors' fees, equipment costs, and notification costs, within thirty (30) days after receipt of written notice of such costs from GRANTEE. In the event GRANTEE shall be required to cut or go through any of the fences of GRANTOR in laying the proposed pipeline, it is agreed that prior to cutting any such fences, GRANTEE shall first brace the existing fence adequately on each side of the proposed cut, so that when the fence is cut there will be no slackening of the wires. If G RANTEE sha 11 el ect t o m aintain an opening i n any of the f ences of G RANTOR duri ng th e construction of said pipeline, GRANTEE shall be obligated to install a good and substantial wire gap capable of turning cattle from such opening, and GRANTEE shall keep such gap securely closed at all times when not in actual use; and upon the completion of the construction of said pipeline, GRANTEE shall close all openings and shall restore such fences to their condition as existed prior to construction, or GRANTEE may install gates in fences where the EASEMENT PROPERTY crosses any farce line. GRANTEEmay install agate on any existing or future fences located on the EASEMENT PROPERTY. Such gates shall be provided with "H" braces. Gates shall be m aintained by GRANTEE a nd be capable of turning lives tock. GRANTEE shall keep such gates securely closed when not in actual use. GRANTOR and GRANTEE each shall furnish separately keyed locks for all locked gates, and locks shall be separated by no fewer than three links of chain so as not to mistakenly or in error, lock out either GRANTOR from its property or GRANTEE from its EASEMENT PROPERTY. All fence re lated work will be done in a go od and work manlike m anner. GRANTEE will make reasonable efforts to use like posts, wire and gates in order to match GRANTORS existing posts, wire and gates. 3 GRANTOR shall have t he right to use the surface of the EASEMENT PROPERTY, subjec t to the restrictions set out herein, so long as such use does not interfere with the PROJECT. The easement, rights, and privileges conveyed by this conveyance are nonexclusive, and GRANTOR reserves and ret ains the right to convey sim ilar rights and easements to such of her persons as G RANTOR may deem proper. H owever, notwithstanding anything to the contrary herein, any such conveyance of similar rights and easements within the EASEMENT PROPERTY to such other persons as GRANTOR may deem proper shall be subject to the written approval of GRANTEE. GRANTOR m ay not pave ov er any p art of th e EA SEMENT PRO PERTY w ithout t he ap proval of GRANTEE. If GRANTOR desires to pave over any part of the EASE MENT PROPERTY, GRANTOR shall submit the plans and s pecifications for the paving to GRANTEE for approval, which approval will not be unreasonably withheld. GRANTOR may not tap i nto or use w ater from the water p ipeline(s) constructed in the EASEMENT PROPERTY. GRANTEE agrees that uponcompletion of construction of the PROJECT, all surplus excavation, debris, trash, or 1 itter resul ting fro m construe tion sh all be c leaned u p and disposed of off G RANTOR's property . GRANTEE at all times after completing any work in c onnection with the construction will restore the surface of t he EASEMENT PROPERTY, as n early as pra cticable, to t he c ondition i n wh ich the EASEMENT PROPERTY was found immediately before such work was undertaken; however, GRANTOR understands and agrees that vegetation cleared from the EASEMENT PROPERTY will not be replaced. It is understood and agreed that the CONSIDERATION herein paid includes payment for all damages for the initial construction and ordi nary operation and maintenance of the PRO JECT but do es not include damages, if any, to GRANTORS remainder property which may occur in he future after the original construction of the PROJECT, directly resulting from the reconstruction or repair of the PROJECT. GRANTEE shall not be liable f or da mages cause d by kee ping the EA SEMENT PRO PERTY clear of trees, u ndergrowth, brush, structures, or other obstructions. All p arts of the PRO JECT installed on the EASEMENT PROPERTY shall remain the exclusive property of GRANTEE. GRANTOR expressly reserves all oil, gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permitted to drill or excavate for minerals on the surface of the EASEMENT PROPERTY, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE's use of the EASEMENT PROPERTY. The rights granted to GRANTEE in this EASEMENT shall be and are assignable in whole or in part. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their heirs, successors, and assigns. GRANTOR warrants and shall fore ver defend the easement to GRANTEE against anyone lawfully claiming or to claim the easement or any part thereof. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, servants, contractors, successors and assigns of GRANTEE. 4 This instrument may be executed in duplicate originals, and each counterpart shall be deemed an original and all such counterparts together shall constitute one and the same instrument. Signed to be effective the day of July 2017. Approved as to form; -6/ 1114 Assistant City Attorney For City Attorney GRANTOR: CITY OF CORPUS CIIRISTI By: Name: Valerie H. Gray, P.E. Title: Executive Director, Public Works GRANTEE: SAN PATRICIO MUNICIPAL WATER DISTRICT By: Brian Willi ar s, Ma%ager/District Engineer 5 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of July , 2017, by Valerie H. Gray, P.E. ,Exec. Director Public Works of CITY OF CORPUS CHRISTI, a municipal corporation. Notary Public, State of Texas Typed or Printed Name My Commission Expires: STATE OF TEXAS COUNTY OF SAN PATRICIO This instrument was acknowledged before me on the 24 day of 'v `a'1 , 2017 by Brian Williams, Manager/District Engineer of SAN PATRICIO MUNICIPAL WATER DISTRICT, a conservation and reclamation district and political subdivision of the State of Texas duly created by the State of Texas pursuant to Article 16, Section 59, Texas Constitution on behalf of that District. `A REBECCA B. KRUMNOW Notary Public STATE OF TEXAS ..... My Comm. Exp. 01-17-2018 AFTER RECORDING RETURN TO: R. Bryan Stone Upton, Mickits & Heymann, L.L.P. Frost Bank Plaza 802 North Carancahua, Suite 450 Corpus Christi, Texas 78401 6 Rizie_ec, Notary Public, State of Texas iLe.he«a B. krww.v oi.,) Typed or Printed Name EXHIBIT A STATE OF TEXAS COUNTY OF SAN PATRICIO Field Notes of a 0.086 acre Permanent Easement, being out of the 11.001 acre City of Corpus Christi, Tract 3 B, as described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas. Said 0.086 acre Permanent Easement also being out of the J. H. W. Ottman Survey, Abstract — 213, San Patricio County, Texas. Said 0.086 acre utility easement being more particularly described as follows: BEGINNING at a point for the northeast corner of a 11.001 acre City of Corpus Christi called Tract 3B, and described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas, for the southwest corner of the tract called Tract 3C in the said deed to City of Corpus Christi, and for the northwest corner of the 46.117 acre Coastal Ben Bays & Estuaries Program, Inc. called Tract 9, as described in a deed recorded in Document No. 518347, Deed Records San Patricio County, Texas, and for the east corner of this easement. THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 25.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of this easement. THENCE North 36°37'46" West, a distance of 150.02 feet to a point in the southeast boundary of Tract 7, being described in said deed recorded in Document No. 518347, and for the west corner of this easement. THENCE with the southeast boundary of said Tract 7, North 53°51'29" East, a distance of 25.00 feet to a point for the southwest corner of the said Tract 3C, and for the north corner of this easement. THENCE South 36°37'48" East, a distance of 150.02 feet to the POINT of BEGINNING, and containing 0.086 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald . Brister, RPLS No. 5407 Date: December 3, 2015. Job No. 151729 STATE OF TEXAS COUNTY OF SAN PATRICIO Field Notes of a 0.121 acre Construction Easement, being out of the 11.001 acre City of Corpus Christi, Tract 3B, as described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas. Said 0.121 acre Construction Easement also being out of the J. H. W. Ottman Survey, Abstract — 213, San Patricio County, Texas. Said 0.121 acre utility easement being more particularly described as follows: COMMENCING at a point for the northeast corner of a 11.001 acre City of Corpus Christi called Tract 3B, and described in a deed recorded in Document No. 539670, Deed Records San Patricio County, Texas, for the southwest corner of the tract called Tract 3C in the said deed to City of Corpus Christi, and for the northwest corner of the 46.117 acre Coastal Ben Bays & Estuaries Program, Inc. called Tract 9, as described in a deed recorded in Document No. 518347, Deed Records San Patricio County, Texas, THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 25.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of the permanent easement, for the east corner of this easement, and for the POINT of BEGINNING. THENCE with the southeast boundary of said Tract 3B, South 53°51'27" West, a distance 35.00 feet to a point in the southeast boundary of said Tract 3B, for the south corner of the permanent easement THENCE North 36°37'46" West, a distance of 150.02 feet to a point in the southeast boundary of Tract 7, being described in said deed recorded in Document No. 518347, and for the west corner of this easement. THENCE with the southeast boundary of said Tract 7, North 53°51'29" East, a distance of 35.00 feet to a point for the west corner of the said permanent easement, and for the north corner of this easement. THENCE South 36°37'48" East, a distance of 150.02 feet to the POINT of BEGINNING, and containing 0.121 acres of land, more or less. Notes: I .) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald . Brister, RPLS No. 5407 Date: December 3, 2015. Job No. 151729 EXHIBIT B SURVEY OF A 0.086 ACRE PERMANENT EASEMENT, BEING OUT OF THE 11.001 ACRE CITY OF CORPUS CHRISTI, TRACT 3B, AS DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 539670, DEED RECORDS SAN PATRICIO COUNTY, TEXAS. SAID 0.086 ACRE PERMANENT EASEMENT ALSO BEING OUT OF THE J. H. W. OTTMAN SURVEY, ABSTRACT - 213, SAN PATRICIO COUNTY, TEXAS. r SCALE 1" = 25' • = POINT COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 7 - 15.797 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 8B - 1.879 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 N53°51'29"E 25.00' CONSTRUCTION EASEMENT 0.121 ACRES 5,250 S.F. PERMANENT EASEMENT 0.086 ACRES , 3,750 S.F. S53°51'27"W COASTAL BEND BAYS & 25.00' ESTUARIES PROGRAM, INC. 1264.96 ACRES S.P.C.C.F. NO. 518346 APRIL 22, 2003 'Sr COASTAL BEND BAYS & ESTUARIES PROGRAM, INC. TRACT 9 - 46.117 ACRES S.P.C.C.F. NO. 518347 APRIL 22, 2003 Brister Surveying 4659 Everhart Suite 100 Corpus Christi, Texas 78411 0E361-850.1800 Fax 361.850.1802 Bristenurveying@eurpus,twcbe.com Firm Registration Nu. 10072800 SURVEY DATE DECEMBER 3, 2015 JOB NO. 151729 NOTES: 1.) TOTAL SURVEYED AREA IS 0.086 ACRES. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) A METES AND BOUNDS DESCRIPTION OF EQUAL DATE ACCOMPANIES THIS SURVEY. THIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS. OR UTILI77ES ON THIS PROPERTY. 1, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. e RO ALD E. BRISTER R.P.LS. NO. 5407 .., _ COASTAL BEND ESTUARIES PROGRAM, TRACT 7 - 15.797 T 0�1 S.P.CCF. NO.518347 22APRIL, o o PI.STA 043+27± - _, m INSTALL 24" DI,MJ 95 BEND, BAYS& 24 FOSTER ADAPTER AND �,�?- INC. 24" DI,MJ 22.5° BEND - ' -' �' 6" COASTAL PIPELINE ACRES WITH RESTRAINTS, + .. ..�- 2003 - STA. 043+48±- .. '''EXISTING 24"CSC WATERLINE =- •"_- - °_ " '-'" INSTALL 24" DI, MJ 22.5° BEND- ,P9 WITH RESTRAINTS Y � T w "" .STA. 043+[8±- INSTALL 24" DI, MJ 22.5 BEND ' . " WITH RESTRAINTS :EXISTING 64" WATERLINE- STA. 043+85; 4 COVER TYPICAL -... , INSTALL 24' DI, MJ 225° BEND - '- ^k r • ,4. y •••_ T _, WITH RESTRAINTS R 34 � CITY OF CORPUS CHRISTIX = 1 272527.6257 —PROPOSED 24 C905, DR 25 STA. 041+00 TO STA. 054+00 24" TREATED TRANSMISSION WATERLINE PROJECT - PHASE 3 SAN PATRICIO MUNICIPAL WATER DISTRICT w O Z O S+ 0 0 Q 1,> X-1271518.4056 -- Y= 17224094.3533� STA. 044+00 EXHIBIT TRTa646 PVC WATERLINE S.P.C.CF. NO.539670 Z DECEMBER 004 Z 8 +2 . L o o o o - N h d Y=17224631.254 6 Z w w 8 + o - h _ _ STA. 045+00,.h OF CORPUS CHRISTI I EXHIBIT 'E"- TRACT 3B- 11.001 ACRESL }. wr— 2 w2.CITY " 4, W O S.P.0 C.F. NO.539670P.I.TA. 21,2004 045+02± - — P.I. 049+1� - Z STA. 047+35±DECEMBER DEFLECT PVC TO 0 INSTALL 24" DI,MJ 95 BEND DEFLECT PVCTOV WITH RESTRAINTS OBTAIN ALIGNMENT U OBTAIN ALIGNMENT Z ,''w ;$ COASTAL BEND BAYS & $ z N ESTUARIES PROGRAM, INC. y 0 w TRACT 9 46.117 ACRES 3 U S.P.CC F. NO.518347 >r. .r j APRIL 22.2003 _ _ .. s .' . . ZP.I. = + U O < < Xrye : .t 1300 LF 24" DR 2. 0-905 PVC WATERLINE a ^ za EXISTING GRADE // 24 ' \ 4 @ 2 % \ 20 24 @ 3, _ 2q '2 03 4" @ 0 . \ .� „22.01. 20 0 24" 208% 16 2"@„13 % 2' 90 h 24” @ 0.00': I �0 —• 12 24 @ 0.7y •,QZe �h 101111 m 12 b0 P.11 STA. 043+43± INSTALL 24" DI, MJ 22.5° BEND INSTALL 24" DI, MJ I.E. 16.90± O- 08 INSTALL 24" DI, MJ 90°, FQSTEF ADAPTER AND 24" DI, MJ 22.5 LE 13.61 O O m O+ Lu O R +1 Q,. , N 7 °T5 0 INSTALL 24 MJ 225° BE LE1541±- P . STA. 04 + O+ Q O+ Q p. O+ Q m Q 04 U O N N O Q O c ~i Q- Q N �0 t -Q-� N N . N v8 N N 81 T 8 00 Q Q w (� m w m w w w - + _ - 0 2 w w -w- G• w G w• G w w G w G w G w 2 w 00 741+35 042+00 043+00 044+00 045+00 046+00 047+00 048+00 049+00 050+00 051+00 052+00 053+00 054 00 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 11, 2017 Second Reading for the City Council Meeting of July 18, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading — Rezoning Property located at 4626 Weber Road CAPTION: Case No. 0317-07 Mohammed Motaghi: A change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District. The property is described as being a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. PURPOSE: The purpose of this item is to rezone the property to allow for multifamily and commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single -Family 6 District with a Special Permit (SP) with conditions. Vote Results: For: 9 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District to allow for multifamily and commercial uses. The proposed rezoning is consistent with the Plan CC Comprehensive Plan. The proposed rezoning is also compatible the Southeast Area Development Plan, with neighboring properties, and with the general character of the surrounding area. ALTERNATIVES: 1. Approve the "CN -1" Neighborhood Commercial District. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for Public/Semi-Public uses. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single - Family 6 District with a Special Permit 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 Mohammed Motaghi ("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, a public hearing was held on Wednesday, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, and on Tuesday, July 11, 2017, 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 Mohammed Motaghi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District (Zoning Map No. 045038), as shown in Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entities. 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. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317- 07_Mohammed Motaghi.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordina nce_0317- 07_Mohammed Motaghi.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES TRACT 1 FIELD NOTES FOR A 7.05 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE NORTHWEST CORNER TO THIS TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, A DISTANCE OF 441.75 FEET, TO A POINT ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE LOWER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 210.90 FEET, TO A 3/4 -INCH IRON ROD FOUND FOR THE UPPER SOUTHEAST CORNERbF SAID EDWIN E. CONNOR TRACT, AND THE UPPER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 42 DEGREES 19 MINUTES 43 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 159.09 FEET TO A 314 -INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID EDWIN E. CONNOR TRACT, AND AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 390.03 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.75 FEET, ALONG THE EAST BOUNDARY LINE OF SAID WEBER ROAD, AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT, THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 7.05 ACRES OF LAND, MORE OR LESS. Exhibit A TRACT 2 FIELD NOTES FOR A 5.37 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE NORTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, ALONG THE EAST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 441.75 FEET, TO A 3/4 -INCH IRON ROD FOUND ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE SOUTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHEAST CORNER QF THIS OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 441.75 FEET, FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 5.37 ACRES OF LAND, MORE OR LESS. / 9h 7 N EXISTING ZONING = RS -6 PROPOSED ZONING = CN -1 E ACRES (307064 23 00 FT.) TRACT 1 EV GRAPHIC SCALE 100 ( waver) LAM) = BO El MEDINA CONSULTANTS ENGINEERING & LAND SURVEYING, INC. corpus VERS.. ST E4243. (361) CLW -1266 Ess (361) 993-2955 09, 2019 K771 /,'3ePar• PROPOSED RE -ZONING OF: THE EDWIN E. CONNOR TRACT THIS IS TO. CERTIFY THA' I HAVE CONSULTED THE FEMA MAPS AND FOUND HERRN SHOWN IS NOT LOCATED IN a SPECIAL HAZARD THIS THE 6 TH PAY OF MARCH 2017 REFERENCE VOLUME 40 PACE(S) 95 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR MP SOLE us.E or TILE ..R. TT. COMPANY. 011 MORTGAGE COMPANY IN MIS TRANSACTION ONLY 5 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY, LEGALLY DESCRIBED HEREON AND IS CORRECT; AN THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS. MSIBIE ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RIGHTS-OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY AS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SRO REON. VICTOR ro . MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 LOCATION MAP N %X w E 6.37 ACRES (233E29139 S0. FT) TRACT 2 EXISTING ZONING = RS -6 PROPOSED ZONING = CG -2 Exhibit B SHEET 1 OF 1 Ordinance amending the Unified Development Code ("UDC"), upon application by Mohammed Motaghi ("Owner"), by changing the UDC Zoning Map in reference to a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions; 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 Mohammed Motaghi ("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, a public hearing was held on Wednesday, May 17, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "RS-6/SP" Single -Family 6 District with a Special Permit with conditions, and on Tuesday, July 11, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Mohammed Motaghi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road (the "Property"), from the "RS-6/SP" Single -Family 6 District with a Special Permit to "RS-6/SP" Single -Family 6 District with a Special Permit with conditions (Zoning Map No. 045038), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317-07_Special Permit_Mohammed Motaghi.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-07 Mohammed Motaghi\Council Documents\Ordinance_0317-07_Special Permit_Mohammed Motaghi.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES TRACT 1 FIELD NOTES FOR A 7.05 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE NORTHWEST CORNER TO THIS TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, A DISTANCE OF 441.75 FEET, TO A POINT ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE LOWER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 210.90 FEET, TO A 3/4 -INCH IRON ROD FOUND FOR THE UPPER SOUTHEAST CORNERbF SAID EDWIN E. CONNOR TRACT, AND THE UPPER SOUTHEAST CORNER OF THIS TRACT; THENCE NORTH 42 DEGREES 19 MINUTES 43 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 159.09 FEET TO A 3/4 -INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID EDWIN E. CONNOR TRACT, AND AN INTERIOR CORNER OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 390.03 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 388.75 FEET, ALONG THE EAST BOUNDARY LINE OF SAID WEBER ROAD, AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT, THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 7.05 ACRES OF LAND, MORE OR LESS. Exhibit A TRACT 2 FIELD NOTES FOR A 5.37 ACRE TRACT OF LAND OUT OF THE REPLAT OF THE EDWIN E. CONNOR TRACT AS RECORDED IN VOLUME 40, PAGE 95, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/4 -INCH IRON ROD FOUND ALONG THE EAST RIGHT-OF-WAY LINE OF WEBER ROAD AND THE WEST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, FOR THE NORTHWEST CORNER OF SAID EDWIN E. CONNOR TRACT; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 750.90 FEET, TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING; THENCE SOUTH 61 DEGREES 47 MINUTES 20 SECONDS EAST, ALONG THE NORTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE NORTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT, AND THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 28 DEGREES 10 MINUTES 40 SECONDS WEST, ALONG THE EAST BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 441.75 FEET, TO A 3/4 -INCH IRON ROD FOUND ALONG THE SOUTH BOUNDARY UNE OF SAID EDWIN E. CONNOR TRACT, FOR THE SOUTHEAST CORNER OF SAID EDWIN E. CONNOR TRACT AND THE SOUTHEAST CORNER QF THIS OF THIS TRACT; THENCE NORTH 61 DEGREES 47 MINUTES 20 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID EDWIN E. CONNOR TRACT, A DISTANCE OF 529.10 FEET, TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 10 MINUTES 40 SECONDS EAST, A DISTANCE OF 441.75 FEET, FOR THE NORTHWEST CORNER OF THIS TRACT AND POINT OF BEGINNING, CONTAINING 5.37 ACRES OF LAND, MORE OR LESS. / 9h 7 N EXISTING ZONING = RS -6 PROPOSED ZONING = CN -1 E ACRES (307064 23 00 FT.) TRACT 1 EV GRAPHIC SCALE 100 ( waver) LAM) = BO El MEDINA CONSULTANTS ENGINEERING & LAND SURVEYING, INC. corpus VERS.. ST E4243. (361) CLW -1266 Ess (361) 993-2955 09, 2019 K771 /,'3ePar• PROPOSED RE -ZONING OF: THE EDWIN E. CONNOR TRACT THIS IS TO. CERTIFY THA' I HAVE CONSULTED THE FEMA MAPS AND FOUND HERRN SHOWN IS NOT LOCATED IN a SPECIAL HAZARD THIS THE 6 TH PAY OF MARCH 2017 REFERENCE VOLUME 40 PACE(S) 95 MAP RECORDS NUECES COUNTY, TEXAS. NOTE: THIS SURVEY IS FOR MP SOLE us.E or TILE ..R. TT. COMPANY. 011 MORTGAGE COMPANY IN MIS TRANSACTION ONLY 5 THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE, ON THE GROUND OF THE PROPERTY, LEGALLY DESCRIBED HEREON AND IS CORRECT; AN THAT THERE ARE NO DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS. MSIBIE ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR APPARENT RIGHTS-OF-WAY, EXCEPT AS SHOWN HEREON, AND SAID PROPERTY AS ACCESS TO AND FROM A DEDICATED ROADWAY, EXCEPT AS SRO REON. VICTOR ro . MEDINA, REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS LICENSE N0. 3419 LOCATION MAP N %X w E 6.37 ACRES (233E29139 S0. FT) TRACT 2 EXISTING ZONING = RS -6 PROPOSED ZONING = CG -2 Exhibit B SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0317-07 INFOR No. 17ZN1010 Planning Commission Hearing Date: May 17, 2017 Applicant & Legal Description Owner: Mohammed Motaghi Applicant/Representative: Michael Gunning Location Address: 4626 Weber Road Legal Description: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. Zoning Request From: "RS-6/SP" Single -Family 6 District with a Special Permit To: "CN -1" Neighborhood Commercial District Area: 7.05 acres Purpose of Request: To allow for multifamily and commercial uses. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS-6/SP" Single -Family 6 with a Special Permit Public/ Semi -Public Government/ Institutional North "RS -6" Single -Family 6 Low Density Residential and Commercial Medium Density Residential and Commercial South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "RS -6" Single -Family 6 Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for Public/Semi-Public uses. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Future Land Use Map and the Southeast Area Development Plan. Map No.: 045038 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 396 feet of street frontage along Weber Road which is designated as an "Al" Minor Arterial Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Weber Road "Al" Minor Arterial 95' ROW 64' paved 80' ROW 60' paved 26,975 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6/SP" Single - Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District to allow multifamily and commercial uses. Development Plan: The subject property is comprised of 7.05 acres and is proposed to be multifamily and commercial uses. According to the applicant, "The subject property is located along the east side of Weber Rd., situated between McArdle and Gollihar Roads. This site was known as the Physicians & Surgeons Hospital at 4626 Weber Rd., a designated arterial. The approved 1980 replat indicates that 9.22 acres of the property to be the site of an old sanitary landfill, which has been closed. Tract 1 abuts the east right-of-way line of Weber Road, a designated arterial. The subject property includes the former hospital buildings which are in part now occupied by offices, an adult day care center, a food catering service, and a considerable amount of vacant buildings. Based on Nueces County Tax Appraisal District records there is approximately 41,500 sf of building area and 82,000 sf of paved area that extends generally northeast to the proposed zoning line of Tract 2. It is the owner's intention to provide long term housing to accommodate the influx of workers needed for the new Harbor Bridge construction." Existing Land Uses & Zoning: The subject property is zoned "RS-6/SP" Single -Family 6 District with a Special Permit. The subject property is currently the site of the former P&S Hospital. The building has been converted to serve various professional office uses and a catering business. To the north are single-family residences zoned "RS -6" Single -Family 6 District. Further to the north at the intersection of Weber Road and Gollihar Road are commercial uses and are zoned "CN -1" Neighborhood Commercial. The commercial uses include restaurants, a car wash, and a convenience store with fuel sales. To the south, east, and west are single-family residences zoned "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: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Southeast ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: Staff Report Page 3 • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The specific goal of the Southeast Area Development Plan is to protect the predominantly stable residential neighborhoods and to promote the efficient development of underutilized and remaining vacant land in the Area (Southeast ADP Goals and Objectives). • Lighting from non-residential uses should be directed away from residential areas (Policy Statement B.2.a). • Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect (Policy Statement B.2.b). • Placing low intensity activities next to single family uses (Policy Statement B.2.c). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southeast Area Development Plan. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. • The site is currently zoned with a Special Permit (SP) granted in 1980. The SP allows the operation of offices, medical, and health facilities. • The "CN -1" Neighborhood Commercial District does open the possibility of more intense commercial uses adjacent to single-family residences. Examples of uses allowed in the "CN -1" District are: Multifamily Residential, Offices, and Retail Businesses. Bars, Pubs, and Taverns are prohibited in the "CN -1" District. • According to the owner, there will be no expansion to the building. The only construction will be remodeling to prepare two wings of the building for the proposed multifamily use. • Approximately 330 feet to the north are other properties zoned "CN -1" Neighborhood Commercial District located at the intersection of Gollihar and McArdle Roads. • Based on information from the Nueces County Appraisal District, the hospital building has existed since 1979. Prior to hospital use, the site was vacant and an adjacent portion of property is a former landfill. • The adjacent single-family homes to the north and south are buffered by at least 40 feet of drive aisles surrounding the former hospital building and a six foot masonry wall in good condition. • The former landfill on the adjacent property will not be disturbed in any manner. • Staff is recommending a Special Permit with conditions that protect the integrity of the surrounding single-family neighborhood. The proposed conditions will only allow Staff Report Page 4 the uses of retail, professional offices, restaurants, and a set number of ninety-one (91) multifamily units. Planning Commission and Staff Recommendation (May 17, 2017): Denial of the change of zoning from "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "RS-6/SP" Single -Family 6 District with a Special Permit with the following conditions: 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 9 Opposed: 0 Absent: 0 Staff Report Page 5 Public Notification Number of Notices Mailed — 74 within 200 -foot notification area 8 outside notification area As of Mav 17, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 1.46% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0317-07 Mohammed Motaghi\Council Documents\CC Report_0317-07_Mohammed Motaghi.docx CASE: 0317-07 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home flSubject Property O Owners with 200' buffer in favor 4 avners within 200' !fisted on V/ avners attached ownership table A in opposition Persons with disabilities plannirr ) attend this meetingwho may require g ial services, are requested to contact the Development Services Depai anent at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este iunta v clue recluieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriclirse a la commission durante la junta v su irides es limitedo, favor de Ilamar al departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0317-07 Mohammed Motaghi has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. May 17, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 76469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: we_ s 6e_is N c ci 3 ( ) IN FAVOR REASON: City/State: p i7(t 7p1-13 IN OPPOSITION Phone;. 1 y 1 j 155ED Opr Gw6 e/t,t46„,? z-e4e _4zo, (,est kcr 6iee-.11/7//i/A SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1010 Property Owner ID: 4 AndrewD2@cctexas.com Signature Case No. 0317-07 Project Manager. Andrew Dimas Email: r°C r us •ti�r us • �l[li�ss�s �illi�s{I illi��sll�• Ejl�lis:{�s�Es� City # ns i Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 4 561600020020 HERRING WESLEY M AND DOROTHY ANN HERRING WFE 4938 CHATFIELD Corpus Christi, TX 78413 1' 1., U S. POSTAGE» PITNEY BOWES rte.■w� ZIP 78412 $ 000.46° 02 4Y 0000340617 MAY 05 2017 CASE: 0317-07 SUBJECT PROPERTY WITH ZONING ❑SUbfecy Property R111.1 Uulel.mIF1 1211 Monism, .2 RA.3 111I.OI.mPv 7 o. Prelnrwxl ORR. MAT 04111.11117 aT CNA Wlpeeemeee COmmma.l CFS2 N.yr{erhoOd Commsrd.l CR•1 Roman Comwrd4 017 R•s-iCommertl4 Z•1 O.nn. Cemm.,LW CO -3 O.mr.l Cemm.rcW CI 1m. v. C.mm.rtM1 CBO bo.rm.n Caem.rcUl CR -3 ROWS C11,11m.nl4 FR Firm Rural N N4s.1c Oweas FIP 9r.n... P.a R, URnrmmwnr 11 N=Ary Ineu.:n.1 PUO PYnn.d UnL O.v. C...y 83.10 Sm01rF.mly l0 RIO &Vs -Isms{ RSJ.S I..l.-F.m RF 0$ RS -TF Mo-F.mIF/ R3-11 Snprfsmlry IS RE 8..0.1.4 EOM. RSTNlesmneu.. 3P SMn4..>me Ry R.w.tlerul WAR/6111 Rum Wwl.eeu.l Hams SUBJECT PROPERT1 b4. fr$ / LW a>4 'LOCATION MAPJ .,. - A •........ /'*. City or Crwpres1 Christi l 5 i Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a este iunta y que rerauieren servicios especiales se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo. al nC mero 061 i 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta Y su irides es limitado, favor de Ilamar al dei artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horns antes de Ia junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0317-07 Mohammed Motaghi has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6/SP" Single -Family 6 District with a Special Permit to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A 7.05 acre tract of land out of the replat of the Edwin E. Connor Tract, as recorded in Volume 40, Page 95, of the map records of Nueces County, Texas, located along the east side of Weber Road, south of Gollihar Road, and north of McArdle Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 17, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT: SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appetlant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. ff ff 1/ JJ /I j'�(Printed Name: A/ctf t (2t. r 1k. . l r` Address: r d J/ I '1 City/State: d L' .i A4 i { ) IN FAVOR (AN OPPOSITION l ,�11 h D G(� REASON: l krr CW `S l v)q e E +Tf'JE I �r- r A-160 ps.?ls ` 1(' -We. - .e i/ OP ‘{ ,m_., SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN 1010 Property Owner ID: 51 AndrewD2 a@cctexas.com Ca a No. 0 r` -07 Project Manager. Andrew Dimas Email: Cif ILII 11010[1101 11dinftIlj[ll fl111i1Mi City of Carpus Chrisff Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 51 561600010060 RODRIGUEZ REYNALDO ET UX 4021 BRADFORD Corpus Christi, TX 78411 / ; +/ ',/5 U.9:PC STAGE» 111NEY BOWES 44: ZIP 7841��r 0 02 401 $ 000.46 0000340617MAY 05 2017 / co, ! 4 R QO CN -1 04 S-5 ! ; / J. t).• ;�.�._f •/7 • Oa_C:M Award Pri•rmr.r alD...IF CASE: 0317-07 SUBJECT PROPERTY WITH ZONING Agliets FroPeM Ral I warl.m.y I Pail 7 RWyl.ma72 RAI 7 AI1Rtame/ 3 Ory Pnahlxan.l Office RY AT Mr2amly AT CRI It1611Gtlbed Camm.tair CW2 Ro2Abrlrape C.mm.ram CRA Rand Commorral CR 2 lbaalCammrcld CO -I Como! CRmm.rcld CO -2 Gomm. Cmnm.rcLS CC •,ltnuc. Cemm.rCul tea w.1me.a Camm.tclal 02.3 Raaarl Cmnrn.rclal fR Frm Rud R Moira O.rl.y BP Bo 1.01111E Pr6 U2fl NAml11R M Iran lndatRd PUO Prowl Owl O.V OKr ay R7.20 Smal..F.mly IO RSA Rnpr irN1/6 R7 a. a 2e.2..n1Y 44 R7 W 7wo-Familr 41 II. S nqi.-Famx7 16 RE Ra.IWr.IIR Fray R2 TR TOMmnw,. IP /wow Y Nano. Ry R.rnrwl.I Wllrl. Rai. RRR Wnrb3Oarml Rano SUBJEC'T 0?PROPERJ4. 4 s I �a !'LOCATION MAP Zoning Case #0317-07 Mohammed Motaghi From: "RS-6/SP" Single -Family 6 District with a Special Permit To: "CN -1" Neighborhood Commercial District City Council Presentation July 11, 2017 Aerial Overview Subject Property at 4626 Weber Road N Planning Commission and Staff Recommendation Denial of the "CN -1" Neighborhood Commercial in lieu thereof Approval of the "RS -6" Single -Family 6 District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses allowed on the Property other than uses permitted in the base zoning district are retail, professional offices, restaurants, and ninety-one (91) multifamily units. 2. Building: No expansion of the building shall be allowed for the purposes of multifamily uses. 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Buffer Area: The buffer area is defined as the area between the existing building and the single-family residences with a masonry wall to the north and south of the property. The existing separation between the building and six (6) foot masonry wall shall be maintained. No expansion of the building into this area shall be allowed. The property owner shall maintain and keep the existing six (6) foot masonry wall in good condition. No parking shall be allowed in the buffer area. Special Permit Conditions 5. Dumpsters: Dumpsters shall not be located in the buffer area as described in Condition #4. 6. Signage: All existing signs along Weber Road will be allowed to remain. No additional signage for the purposes of advertisement shall be allowed. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 11, 2017 Second Reading for the City Council Meeting of July 18, 2017 DATE: June 20, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance - Rezoning Property located at 6746 Aaron Drive CAPTION: Case No. 0617-01 MVR Construction Company: A change of zoning from "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development. The property is described as being Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. PURPOSE: The purpose of this item is to rezone the property to allow construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots. RECOMMENDATION: Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS- 6/PUD" Single -Family 6 District with a Planned Unit Development. Vote Results: For: 8 Against: 0 Absent: 0 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development to allow for the construction of single-family homes. The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Country Club Estates Unit 20, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "RS- 6/PUD" Single -Family 6 District with a Planned Unit Development; 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 MVR Construction Company. ("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, a public hearing was held on Wednesday, June 14, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development, and on Tuesday, July 11, 2017, 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 MVR Construction Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive (the "Property"), from the "RS -6" Single - Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development (Zoning Map No. 046034), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development (PUD) granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 73 single-family residences. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 7.71 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the Property development is 3,500 square feet. 4. Setbacks and Lot Width: The minimum street yard is 15 feet. On a corner lot, the street yard may not be less than 5 feet. The minimum lot width may not be less than 44 feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way must be no less than 40 feet in width with a 5 foot sidewalk on one side of the street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-01 MVR Construction Company Country Club Unit 20 PUD\Council Documents\Ordina nce_0617-01_MVR Construction Com pany.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home S Ak4TbG e<<'O SUBJECT PROPERTY -RM-43 LOCATION MAPI City of Corpus Christi Exhibit A Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Owner/Developer MVR Construction Company, a Texas corporation Submitted by Urban Engineering February 22, 2017 Revised: May 3, 2017 111XURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Exhibit B pg. 1 of 13 M) 0 c z Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Development Description: Country Club Estates Unit 20, Planned Unit Development (PUD) is a proposed single family residence development. The owner is proposing 73 single family residential lots that will be completed in a single phase. The developer is requesting a change of zoning from RS -6 to RS-6/PUD to allow deviations from the Unified Development Code. Deviations will include sidewalks on one side of the streets, 40' Wide Right-of-ways, 15' front yard setbacks, 5' yard setback on street corner, 10' radius at all block corners, minimum lot size of 3,500 square feet, minimum lot width of 44' and 10' side yard adjacent to 20' side yard along Acushnet. This development will complement existing developments in the area. Location Map: 0 Q) 0 0 Drive 0 7 pg. 2 of 13 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 6,000sf Minimum Lot Width — 50' Minimum Street Yard — 25' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 5' Minimum Side Yard (Total) —10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' ROW Width — 50' PUD Requirements Minimum Lot Area — 3,500sf Minimum Lot Width — 44' Minimum Street Yard — 15' Minimum Street Yard (Corner) — 5' Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on one side Paved Street Width — 28' ROW Width — 40' Amenities to include: Speed Hump 5' Sidewalk Neighborhood Entry Feature and wall with landscape Lower traffic speed (25mph) pg. 3 of 13 Adjacent Land Use and Zoning. Adjacent Land Use/Zoning: North — RS—TF/Townhomes and RS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subdivision Legend: Planned Unit Development (PUD) Boundary Residential Lot Streets Lot Layout 110 120 00 0 120 240 2 Lot 7 Lot 8 Acushnet Drive ` T Lot 20 Lot 30 Lot 29 Lot 28, Lot 27 Lot 26 Lot 25 "4, Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 v Lot 18 ;f Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9® Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 1 Lot 9 Lot 12 Lot 2 Lot 1 Lot 10 Lot 11 Lot 1 //////////////...+Jenniferaka;(ft/Li////////`��������� URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 18P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 4 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: "" Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump Michelle Lane Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 3 Lot 20 Lot 19 Lot 18 Lot 8 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 Vehicular and Pedestrian Access Vehicular Access will be provided via a 28' wide road from back of curb to back of curb. will be wide tied Pedestrian Access provided via 5' sidewalks located on one side of each street as shown. 110 120 00 0 120 240 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 5 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" Required Parking: Planned Unit Development Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 (PUD) Boundary Residential Lot (2 On—site Parking Spaces) Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump 2 Spaces Per Unit Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 110 120 00 0 120 240 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX (361) 854-6001 rn 0 J Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 6 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" 16' Y.R. 1Y 5' RED SOME Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump R0.W. a STREET CL 40' RIG -OF-WAY 2' 5' I 28' BACkL TO -BACK 5' 6' CRaM Y ILLrC 6' 1 CUB 16. YR. 20' Existing Sidewalk - ACUS; "-Existing Sidewalk rTP Lot 30 Lot 20 CRANE OR 110115E FRONT 6' CRUSHED WESIORE 8' E r UE STABILIZED SRBGR/NE a; Typical Street -Section Not to Scale Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 1m 120 00 0 120 240 URBAN ENGINEERING 2725 SRonhrer St., Capes Christ; TX 78404 78P£ Firm No. 145 78PLS Firm No. 10032400 PHONE: (361) 854-3101 FAX: (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 7 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Notes Legerd_ Planned Unit Development (PUD1 Bcineory Notal patted area contains 8.46 Acre.s cf Lard_ (ncluces S_re.e; Dediccticn) 2.) T ewing water for the storm water runoff from this procerty is the Oso s Creek. he TCE3 has not ,3111690 the aqua 'c ife use for the 'ao Creek, but it is recogn.ze.d as c, ervironmentolly sensitive area he Osc Creek flows direct)./ into the Cso Bo ./: The TC -C hos classi`ied the aquatic Lie 9319 for the Oso Bay as exceptional" cnd 'oyster waters' and o3Tegorized the rece.ivinc wa_er as "contact recreaton" use. 3.) Grid Bearings and Distances shown he -eon are referenced to the Texcs Cocrdincte System cf 1883 Texas South Zone 4205, and are cased on the North American Dctum of 183(2011; Epoch 2010.01. 4.) B/ grechie plotting only, tris p,operty is in ZOre "C' on Feod Insurance Rate )lop, Community cane No. X85464 0283 C, CII/ of Copus Ch=esti, Texas, whlo bears ar effect., date of July 18, 1985 and 't is not Ir a Special Food -azod Area. 5.) Tre 43rd require'Ilen T, as dep eTed Is a requirerner1 of this c armed Unit De,loprlent and is sucject to oarge as tre =on 1.g may change. 6.) .Access to Aaron Drive from _ot 1, Block 1, Lots 1, 2, ', 4, 5, E, cck 2 and Lot 6, Block 5 is prohibited. Access_ to Acushnet Drive from Lot 30, Block 4 and Lot 20, Block 5 is prohibited. Access to Lots I Through B, Rim*. , 1 a1 1, Hlor:k 4 and I o1, 71 '.hrclgh 28 10 S..' Wide Alley IF, prohibll ed. Z 401 (M'o'a,os) anua sll!H }nuIDM 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 13. CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' _oral '43,30 se snN 1° sF-A093a 5163 4'E 14.26' 0+ Cs 9911 2L Z .1. '6d `23 'ISA 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' 8Z 33,3 s27o3A3 snl' A 73n9D S-33836'VV ,I8 C7 61 1AI 99L 137 LL 7P1 9L 3,1 9,. 7° . 1h (/1(L3',9..' c,'(i9"3 99.'9 3n oL 123'50 413 CC' 5404' 5564 17'w ,4.12' L- 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. 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ENCTH C2 0 C 15 S 35 bW 14.1,' 5163 4'E 14.26' 0+ Cs gi,LCLIAC,C3 9D CD'OC" 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' S-33836'VV 14.1,' C7 1'14'033 671 69' 14 47' N I 23 13.4/ 14.47' CH . 1h (/1(L3',9..' c,'(i9"3 99.'9 C9 123'50 413 CC' 5404' 5564 17'w ,4.12' 51621 24 E 14.1,' CII C12 gi,LCLIAC,C3 E2 430 1 3 OC' 11, OC' 15'1' 14-33' S' 36 'w 112019'1,4 '3/ 14.1=' 13.13' 0'13 9234'43" I3 .00' 16.17' 37219'43'E 14.47' C14 1'02'30" 671.69' 1221' 111,17"7"/3 12.21' (/169'321. 1.11 �'i�'"R"VJ 0JCC' c I6 1 J 18'30` 361.69' 122.56' N09'40'40 '3/ 122.78' CI 752'37" 3E13_1'D_, 37' 506'17'34"E '30.90' CI6 ?'4613 661.69 99 r] .76'54 /3 31.99 399— nn,173, l I IN NP ('8'0'88S) 0nua MINSUBJ3 ENG II II VI E E 11 O NG 2725 Swontner St., Corpus Christi TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 l 199,,, RL11.1.,9 SCALE: 1"=120' 36 ENof CCT, Set JOB NO.: 40706.87.01 s washer sanped '113Es1N ENCR CCT3 Sot • 5/8 Hch rorL Rd Found SHEET: 8 of 13 DRAWN BY: XG ult, plastrc cap stamped "6RISTER SUk4EYINC° urbansurvey1 ©urbaneng.com f 3n/'21's,91cs 101 mP 00333 110 Nm 33'98 9090 10 3„9o,m.us a a 00 NP 00033,31 .999,3 no" 00333 �5 3,33293 05 .00 a0 9,3 0015 CO '33 rn� tPr 33333993 05 1.S �5 3n/211,7- - MN ,00'06 �5 .03'331 ,00'06 0 0 .039331 Oo ,00'06 n 3 03 0 09 b3 ,00'06 83 .039331 ,6,1.23 005 ,06'96 .4- ,039331 .03'331 0.15 ,oc'os �Z,IZ.I c4 .00'05 3,/'21-,..91-�v sop doM isituuap L 00OL 3 n,S oo'sc3 33 3b NO St 93'13 90'13 00 M.OZ. .1911 Al9ro0 a,N ,0 sp�919a. 99,1 'Corod 'L9 19A oyd 3s9us 9uur L, alb 3x9 1 N4 -aa ° 1 V1 L 6a 6d L - A _ 3E111L P ,n .1a3 , n3 L 4n°1e 413- P 401 o-a,os) a4pa pu!M JauJusnis of 13'38 9 k'3 431 Legend: Plcnned Uric Deve oprnert (PUD) Boundo-y a�-d Mar Scwcr L1n_ Propoe_d Slot edit I(}I HopOs_d St. rr Scwcr N_mho Proposed Water L-ne Proposed Sanitcry Sewer Line • Proposed Sanitcr) Sewer Marhole Proposed F'i.e Hydren: hxi1ro, ;loan sewer m (GI;) hxitirng ;101 rdet ▪ xititng sl,rrn Sew, tlrnhole (gyp Eai t -ng Wats.1 no. (GIS) Exit ng zorotor, "e„_r Lne (GIS) Existng Gas Line 1:6151 °J„, Existng Fire Hydra rt Existng Scn'itar, Sewer Manhole (o. (,1 o.111 Ris noC s ze1N _ cpzooaH doy{ cZL—ZZl '`1d '£b -loi 8Z Z11 salols3 110 tiryunoC 11eo1H E 101 0, 101 3 n,Ol e lal lL 101 L, 4.1 Ili a1>!A1 ,OZ 3'n tlt 6 '0l 05-0-8,05) anug lauIenov ('m'0'B,00) an1J0 011!H 1nuIDM _n_xal V).Jnoo soanN 10 sp.osed dols S ZZ I'6d 'Gb 'IOA R� 1102 cal. >11 pnlJ <luncJ Z 11o18 101 3 DOI. Ass ,51'664 3.£5,66.19S II. a�1.A1 r LINE L2 L3 L4 BEARING 574152'55"W 5 45'4/ NI E'35'58"4 N73124'02"E DISTANCE 25.70' 25.20' 1620. 16 18 160 120 60 120 240 Gra1p'hic20'Scale =1 Utility Plan Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texas. eunl 81104?i11 n,S CURE (:1 DELTA OGLE 9(1'2(1(]2" RAL US 16 on' 4=_ ENGTH C -ORD BEARING C -ORD LENGTH 2 D0100300'3 10.00' 15 1' S73133'33 4/ "414' 3 9912O299" 1990' 15 S1bl �S"E "42�' _= GS 90'00'00" 000300" 15 00' 10_00' 23 56' 15 1' S7 4 3 4/ 2162 47W 21.2 ' "4.14' C6 020'02" IC.OU' 15 1' 5733- "VJ "4.14' 7 D14'03" 03 6 1 69' 14 47 2 14 T C 'W 447' 0_Oz8 ( '1 (21' _9_31 .;A 12.325C'40" 02 5404S.56143'741 44.12' '.10 92990 19 90 15 1 516121'24'E "414' 011 C12 0'0000 820439" 1000 10.00' 15'1 1433' S7 8 '4/ 721 13041 -414' "3.13' 613 23.43' 10.02' 1..17' 272104'- "4.47' C14 1'0^ 30" 6-1 69' 1221' D 14'17'17'V 2.2" CIS 211'1.5" ( 1 (29' 016 10"35'52" 661.6.' 122.96' OC '47'40`4 "22.78' x'17 752'37" 6E1.69299 97' 508117'34"E JO OD' 218 z 4613 661 .69 31 99 RID _E59W 31.99 3n,s n "3 ns to E M O. . nj.. 0, of mm nii oi � ,�*o m In rf 311 II b II II J \\ 0 Q K J r OU ym T M"0",OS) J. •/p4 MD1/9901'1 ��' 2725 Swontner St., Corpus ChnsO; TX 78404 TBPE Firm No. 145 TBPLS F,'m No. 10032400 PHONE (361) 854-3101 FAX' (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.B7.01 SHEET: 9 of 13 6=t; DRAWN BY: XG • 578 Inch Iron Rod Found /P looh Iron Rod 'tl Invlirono oOtro ped "URBAN ENGR CCD'' Set Mag Nail with usher stamped "URBAN .NCR CCT);" Sat W (0. an n o� bpm So - with pl02tle cop stamped "BRISTER SURVEYING" Found urbansurveyl @urbaneng.com 21 8 lol o!S 00oz4 M.oz Al 100 0000nN spiooaa Told 'OLS -699 6d L7 1104 asoyd s6oIIlA 1 6/ yam L doe16 0 sem« R.- _ GA!J4 pu1M Jaww S 101Z, ,0.5, (01Z) ms, 01 ( 3'3,6 mo 1 3'(LOZ .l9 01 oaoi 'tp,noo s cant 10 sro oed- doyi 1LC4 6d L9 10As ( -scud 067111 P,A, saw L l 11-•18 99 107 123 11'18 • Legend_ Planned Unit Development (PULS Bcineory Proposed Sanitary Sevier ine Proposed Sanitary Sevier ,Ionhole Evisting San'itcr3 Sevier Line Evisting San'itcr3 Sevier Merhole • 5/8 Inch rcn Rod Found O 5/3 Hch ran Rod w'ita plastic cap sapped "UFEAN ENGR GGTT" Set 9 Mag Nall v,'th ashen s amped JSEAN ENGR CCD0 Set Bnste• 5/8 Inch ran Rod wita plastic cap stamped "BRISTER SUR4ELI N6` round ('M'0'o,06) an0a SII!H }nuloM _oral 'laro se e0N to spoeea doW 2G ZZl Sd `26 'ICU 8Z Liu^ sa,osE cn1� r:,u noC 018 61 Lal "aL lol LL lol 9L ,ol co 2 (»J '3 L101 ss (-800,00) anu0 lauyenoy ,S9•er, ('800,00) anu0 p3oe9'j sc69 — .L9S s xel 0i4uno0 c -arN 10 cp�o�ay dcVi 2ZL-ZZL 'fid '2b l03` 8Z yen sayoLsE 9017 /�LuroO IooIH SL lol e 70l (-s1 L lol 3 n,ol rale/ =pLna ,oz i 6 10- 2L L0l ,ol non) 1311V aSSA ,D7. --,4['664 3.£5,64.L9S -l'n -'35 ?J -ASL LI \E L2 L3 L4 TARING DISTANCE 57'53'W 25.00' S85'3V'4'W 25.00' 16'35'580W 1420' \73'24'02 11408' 180 120 60 aunt 61LBL09.1 Grephic0=120'le Sca Utility Plan - Sanitary Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club or„L�r Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE C.1 DELT, =LIGLE cr” R DUS 1 OL ARC LENGTH 1A- 1 CR _,RING 111(321 )1v/ aENGTR C2 C C 15 S7 35 6 /1 141,' 5163 4 E 1426' C -L CS 01,0100:'," C " 150 1D C 356 15 1 S' 36 'TV 1116'21'24'4/ 21 21' 141L' 573 7 ' "/1, 14.1,' C7 1'14'03" 671.69' 1447' N1,23'1,34/ 14.47' CH ^'A^'1h 6/1-69'99'i Sn1-'6'L9"1- 99.1' C9 123'5047" 25.00' 54.04' S56'43'I-'TV ,4./2' 516'21'24"E 14.1,' 011 012 9G`CG'OC" 32'04'39" 1100' 17-00' 15-I' 14-33' -3'38'3G'W 1120'1'9'14'4/ 14.1=' 13-13' G'13 2 94=" I J C„' 13.17' N72 43'E 14.47' C14 1'02'30" 671 69' 1221' NI 17 '7V/ 12.21' (/1 69' 2 JC; 016 1' 50 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7".52'3-” 331 39' '_, 97' SO6' 17 34"E '70.96' C18 ?' 46 13 S3 4/ 31.99 L 3 CO O- N rD Of I�IiV rD p In Nf 11 II II n CO p o l i0 - 30 ('8'0'21,05) eApa MENSUBJ3 ENG II IN EER NG 2725 Swontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 0 Lr/r,rss F991 „e,1 SCALE: 1"=120' 0J92.1,6 ENGR CCT, Set JOB NO.: 40706.87.018;;",°=h,1 ;ped 6lEAN ENGR CCD Sot SHEET: 10 of 13 Best ; 578 laah ran Rod DRAWN BY: XG °''taplastic Cep stamped "BRISTER SUk4EY1NC" - uad urbansurveyl ©urbaneng.com • 578 Iaah ran Rod Found W at- r."7 n n oCn Cn CN Nq CO 0 0 10 2 10 1-3 Nrn N8 Nq alp 668 1050 6,8 O5 m.9, nns inn 00'O44 M.OZ.OS.L9N' 6Luaa, en, 1a aae. doz/ 'Coro '6d 'L9 ien Cyd asouA pu, L. >I 013 °L , N d o -aa 1Vl L € 1, 66 LoLL L _ aEoH, Pu!/9 ee.t.:ns L Lleala 2 10- h ,al 00!3 M�f eawwns l�,uo'<" n,S N48 0,5 to OL N9 lol L l0l -mY Legend_ Planned Unit Development (PDDI Bcineory Pr po_Ed N'ct..r Line Proposed =ire Hydrant EmEtin4 Neterline (GIS; Existing Eie Hy&En: 3 401 un) vel ('Mto'a,os) anuq all!H 1nOIDM ve. r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E 1n,cz _oral '4'0,0 doll 2L 8Z Liu^ s27°0A3 AENCTH G2 CC` I D.00' s&anN 1° sr-Aoaaa ZZl '0d 2b 'VGA cn1^ A EHAGE S 35 6'W 14.1,' Z. ,18 5163.54"E 61 1A1 EL 1°1 LL 1.1 90- 7°l E. 7° 5733 36 4 14.1,' 3 n01 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' \ F r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E ARC LENGTH 1ti_'1 CH _nRwr 1111,ci J13/ AENCTH G2 CC` I D.00' 15 1' S 35 6'W 14.1,' 5163.54"E 14.2' C+ 45 96`0250' 9D C7'OC" 15 0C' 1D OC' 23 56' 15-1' '3'38'36'/1 1116'21'24'4/ ^_1.21' 1410-' 5733 36 4 14.1,' C7 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' CH F (/1(.999 4 ;O,t 9'1- 99.1' G9 123'50 41A 25.00 54.04' 6 45 1 ; V ,4.12' 410 2'CC" 12CC' 15.71' E16'21'24"E 14.1,' C11 412 GLEE:AOC" E2 C4'39" 1200' 1D OC' 15'1' 14.33' '3'38'36'/1 1120'1'9'14'4/ 14.1=' 13.13' G'13 9239'4H" 1J.CAE' 16.17' N72'15'43'E 14.47' C14 1'02'30" 671.69' 1221' NI&IT 7V/ 12.21' 416 1' _ 361 69' 122.56' N09'40'40 '4/ 122.78' 017 7 5 37" 661 6'J' EJ 97' SO6'17'34"E 'JO "JO' C18 ? 46 13 661.69 99 N 36S4 3/ 31.99 AaIfC aP11A ,D� eunl ail q W 1n 33,50- 100 0 0 c H'M'0%,05) OAIJ4 MINSUOJ3 ENG II IN EER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 1G,,h REd1 SCALE: 1"=120' AN EN°R CCD Set JOB NO.: 40706.87.01 s°=hzf°'sa�Ped "UlEAN ENCR CCT); Set SHEET: 11 of 13 fins/; 5781N ren Rod DRAWN BY: XG Gitn plastic cap stamped "6RISTER SURAEEINC' urbansurveyl ©urbaneng.com • 578 Inch ran Rod Found 3,1 c+� 007011 9 n.c ID N'°n Nn N0 Nm 1080 0-8 4-1 (M'o'a,oa) anpa aloe�j scss — lel 00'OZ1 C tin MLOZ.g.1.9N snEEL AL'„ °, 0,a0r1 ,° sUeaa. do/1 'L06 '6d '0-9 i°� po!n1 , s °x 0- 1 N 4 1, °-aa 1 EV1 L 6a 6d L L e°Ia 4°- 701 1,SE '110 a,os) an00 pu!M Jaww S n,S me _L 451 Legend_ Planned Unit Development (PUD1 Bcineory n.. Pr-po—d A -aim Scv, _r LE\ Propos-d Slot Inlet e Propos-d Storm Ecv,_r 6anholc (_ro Exi_tng Storrs Sen er Linc i1;I8i - Existing Elct Inlet Existing Storrs Sen er Nanhcc Z 701 ('M'0'a,os) an0a sll!H }nuloM 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE 1 P,OZ CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' _oral ' an cq0 se a0 to spdoaaa 5163. 54'E 14.20' C -L 45 doll 2L ZZ1 '6d 20 'ICA 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' 8Z 1'u^ sa7os3 cnP R zIa 7 n5O 61 1u1 EL 101 LL 1.1 9L 70l E. 70 471.49' 1447' 31,'23\33 V/ 14.47' CS 31101 6/1-69'99'i t,1-'1 9"1- 99.1' G9 L 25.00' 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE =RC LENGTH 1ti 1 CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' 5163. 54'E 14.20' C -L 45 96`06'00' 97'0700" 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' G'6 X3'00" 13.00' 15.71' 573'38'36W 14.1,' C7 1'14'03" 471.49' 1447' 31,'23\33 V/ 14.47' CS 1h 6/1-69'99'i t,1-'1 9"1- 99.1' G9 123'5047" 25.00' 54.04' 556'43'1 -'TV ,4.12' 516'21'24"E 14.1,' 011 212 G3'C6'OCE 82'04'39" I3 OLE 17-00' 15'1' 14-33' -3'38'3G" \N N20'1'9'14'4/ 14.1=' 13-13' G'13 9239'48" 13.00' 13.17' 372'18'43'E 14.47' C14 1'02'30" 471.49' 1221' NI&IT 7V/ 12.21' (:1ti .11 (/1(:9'2 „IL ; G16 1' _ 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7 '.52'3-A 331 3'3' J2! 97' S06'17'34"E '30.30' C18 ?'4613 C61. C9 99 N lee'tee ee y/ et ee Ra11C aEq. ,07. eun1 alL0401i A,S •_)-c 0 fD CB I�IN ,naro�=vt°i , onrIIII II p II II m QKJf C) C.) 30' 8/624 MENSUOJ3 0 o_ Lei ENG NEER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17; ,18;11 r RE11 r/a1 SCALE: 1"=120' .4CCD 6 ENOP C' Set JOB NO.: 40706.87.01 8 °=hz�elsa�ped SHEET: 12 of 13 'LjZE9N ENER GGT Set Bn—. 578Inch n Rod DRAWN BY: XG �,itn plasticran stamped "6RISTER SUR\ EYING' urbansurveyl ©urbaneng.com • 578 I.h ran Rod Found 3 122 SZ 3nie,,S- n.c 1Oj^ N 8 N° CO 10 1-3 Lz N5 O N N5 Mo N N N N o, Mo Lnt 5 _ELLIS 22. w m N ect n5 S28'38 36'W 1068.67 0) 5n AA „Op (EL H LSI lel 00.OZb n,S MLOZAS.l9NT n.EL c' 1 LAE&oG s acN Jo splma. do // 'L06 6d 'L9zlo c o L o oyd a5olls po!0/ d b S L. N5.13 8x1 1 zqqqq N sr,Aqq1 ° 1 EV1 L 69 6d 'L9 qA L asoLL, .96/1E PH/L\ gal Eng L .15518 2 10_ L. 701 A,SZ *w0-0,00) 8/!24 pu!M 2aununs cc, loL) mb� von-� rn5 22'22 219 kat 451 Open Space Calculations: Total area of residential Lots 325,832sf 73 Total Units 325,832sf/73 = 4463.45sf (average of total area per lot) Average of developed area per footprints below 2279.50sf 2279.50 amounts to 51.07% open space Required open space is 30% Total Area of Development = 9.46 acres Density of Development is 7.71 units per acre 45.00' O O 15'Y.R. 5'U.E. 10' 2ONCRETE. DRIVE 5'U.E. 16.00' • 3' WALK 5' O O 15'Y.R. 45.00' 5'U.E. O O 15'Y.R. 5'U.E. 5'U.E FLARED 45.00' v /APPROACH \ Typical House Plan 'A' Typical House Plans 1"=5' 0) 15.33' 10' pONCRETE DRIVE 16.00' O 15'Y.R. 3' CURVED SIDEWALK 5'U.E. FLARED APPROACH ' Tied Sidewalk 3' Typical House Plan 'B' Revised: 5/3/17 URBANSubmitted: 2/22/17 SCALE: 1"=5 ENGINEERING JOB NO.: 40706.87.01 2725 Swonfer St., Comas Christ; >x 78404 SHEET: 13 of 13 18PE Firm No. 145 18PLS Firm No. 10032400 PHONE • (361) 854-3101 FAX (361) 854-6001 DRAWN BY: XG urbansurveyl ®urbaneng.com Zoning Case #0617-01 MVR Construction Company From: "RS -6" Single -Family 6 District To: "RS-6/PUD" Single -Family 6 District with a Planned Unit Development City Council Presentation July 11, 2017 Aerial Overview Subject Property at 6746 Aaron Drive N Planned Unit Development (PUD) etiere u.. e.a z Adjacent Land Use/Zoning: North — RS—TF/rownhomes and NS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subduislon 0 0; acushnet Drive CIE CIE CIE Lot 20 Lot 19 Lot 10 Lot Lot 5C) Jet Lot 20 of 19 18 Lot 17 Lot 13 170 IDD Lo: 11 Lot 1010 9 Lot 0 Lot Lot 5 Lot 4 L. 3 Loc 2 d I PUD Profile: • 73 Lots • Range: 3,892 — 7,760 sf. • Avg. Lot Size: 4,463 sf. • Avg. Home: 2,279 sf. • Density: 7.71 du/ac Additional Lot Details: • Smallest Lot: 3,892 sf. • Largest Lot: 7,760 sf. • Median: 4,050 sf., 35 Lots = 48%, • 9 Lots < 4,000 sf. • 60% less than 4,050 sf. Planned Unit Development (PUD) Lot 20 Lot 19 Lot 16 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Loi 11 Lot 10 Lot 9®5 Lot 6 Lot? Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 Amenities: • Speed Reduction (25 mph) • Speed Hump • 5' Sidewalk (1 side of street) • Neighborhood Entry Feature with Landscaping Planned Unit Development (PUD) Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 3,500 sf. Yes Minimum Lot Width 50 ft_ 45 ft. 44 ft. Yes Street Yard 25 ft. 20 ft. 15 ft. Yes Street Yard (Comer) 10 ft. 10 ft. 5 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft 35 ft. 35 ft. No Paved Street Width 28 ft 28 ft. 28 ft_ No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 5 ft. on both sides 5 ft. on both sides 5 ft. on one side Yes Planned Unit Development (PUD) GARAGE OR HOUSE FRONT 15' Y.R. R.O.W. CL STREEf CL 1' 40' RIGHT-OF-WAY 28' BACk-TO-BACK 15' Y.R. 17' 5' CROWN 5' TIED SIDEW LK 6' 'L' CURB yw, T- -1STORM SEWER T SANITARY SEWER 2' HMAC 20' GARAGE OR HOUSE FRONT 6' CRUSHED LIMESTONE 6" L CURB 5' 8" LIME STABILIZED SUBGRADE o W WATER'1" 7 Planned Unit Development (PUD) 1 SY.R. CONCRETE 0 m oo' 5 L. WALK 0 5' R 43.UU 15.33' 5'L.E S'UL FLAReD 45C'3 'Pe°Ail LHL Typical House Plan 'A' ETE LE 0 cn 15Y.R 3' CURED SIDEWALK 5'u.E. XL: H Side3IL Typical House Plan 'B' 8 Planning Commission and Staff Recommendation Approval of the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development PLANNING COMMISSION FINAL REPORT Case No. 0617-01 INFOR No. 17ZN1003 Planning Commission Hearing Date: June 14, 2017 Applicant & Legal Description Owner: MVR Construction Company Applicant/Representative: Urban Engineering Location Address: 6746 Aaron Drive Legal Description: Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS-6/PUD" Single -Family 6 District with a Planned Unit Development Area: 9.46 acres Purpose of Request: To allow for the construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant (Former Park) Medium Density Residential North "RS -6" Single -Family 6 and "RS -TF" Two Family Low Density Residential and Medium Density Residential High Density Residential and Medium Density Residential South "RS -6" Single -Family 6 Low Density Residential Medium Density Residential East "RS -6" Single -Family 6 and Drainage Ditch Low Density Residential, Drainage Corridor, and Park Medium Density Residential, Drainage Corridor, and Park West "RS -6" Single -Family 6 Low Density Residential Medium Density Residential 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 "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 046034 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 1,435 feet of street frontage along Aaron Drive which is designated as a "01" Minor Residential Collector Street and approximately 230 feet of street frontage along Acushnet Drive which is also designated as a "01" Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Aaron Drive "01" Minor Residential Collector 60' ROW 40' paved 90' ROW 20' paved N/A Acushnet Drive "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development to allow for the construction of single-family homes on approximately 73 lots ranging from 3,892 to 7,760 square foot lots Development Plan: The subject property is comprised of 9.46 acres and is proposed to be subdivided into seventy-three (73) single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 7.71 units per acre. The 73 lots will range in area between 3,892 and 7,760 square feet in size. Vehicular access will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 foot paved street width. Pedestrian access will be provided by a 5 foot sidewalk on one side of the street. The PUD amenities include a lower traffic speed limit of 25 miles per hour (mph), 5 foot sidewalk, a neighborhood entry feature and wall with landscaping, and a speed hump. A standard parking space requirement of 2 spaces per unit will be met. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS -6" Single -Family 6 District, the "RS -4.5" Single -Family 4.5 District, and notes all necessary deviations from the UDC being requested by the applicant. Staff Report Page 3 Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 3,500 sf. Yes Minimum Lot Width 50 ft. 45 ft. 44 ft. Yes Street Yard 25 ft. 20 ft. 15 ft. Yes Street Yard (Corner) 10 ft. 10 ft. 5 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft. 35 ft. 35 ft. No Paved Street Width 28 ft. 28 ft. 28 ft. No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 5 ft. on both sides 5 ft. on both sides 5 ft. on one side Yes Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and is vacant land. The site was formerly Acushnet Park and was sold by the City of Corpus Christi in November of 2016. To the south and west are properties zoned "RS -6" Single -Family 6 District comprised of single-family residences. To the east is Schanen Ditch consisting of a 105 foot drainage right-of-way and a depth of 9.17 feet. On the other side of Schanen Ditch are single-family residences zoned "RS -6" Single - Family 6 District including Snead Park which was established in 1973 and is 3.68 acres in size. To the north is a single cul-de-sac street (Walnut Hills Drive) zoned "RS -TF" Two Family District and consists of multiple duplex and townhome style developments. Additionally, there are single-family residences zoned "RS -6" Single -Family 6 District across Acushnet Drive. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. However, the property will be replatted as part of the Planned Unit Development (PUD) rezoning process. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development is consistent with the adopted Southside ADP. The proposed rezoning is consistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 4 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites, in this case a former City park. • The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 7.71 units per acre and is therefore in compliance with the future land use designation. • The average lot size is approximately 4,463 square feet with an average building footprint of approximately 2,279 square feet. • The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. The applicant is requesting a reduced right- of-way width of 40 feet with a 28 foot wide paved street surface. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable. Planning Commission and Staff Recommendation (June 14, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -6" Single -Family 6 with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Country Club Estates Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 73 single-family residences. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 7.71 dwelling units per acre. Staff Report Page 5 3. Lot Size: The minimum size of any lot within the Property development is 3,500 square feet. 4. Setbacks and Lot Width: The minimum street yard is 15 feet. On a corner lot, the street yard may not be less than 5 feet. The minimum lot width may not be less than 44 feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way must be no less than 40 feet in width with a 5 foot sidewalk on one side of the street. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 7. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 1 Public Notification Number of Notices Mailed — 60 within 200 -foot notification area 5 outside notification area As of June 9, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.68% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0617-01 MVR Construction Company Country Club Unit 20 PUD\Council Documents\CC Report_0617-01_MVR Construction Company.docx CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home S Ak4TbG e<<'O SUBJECT PROPERTY -RM-43 LOCATION MAPI City of Corpus Christi Exhibit A Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Owner/Developer MVR Construction Company, a Texas corporation Submitted by Urban Engineering February 22, 2017 Revised: May 3, 2017 111XURBAN ENGINEERING TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Exhibit B pg. 1 of 13 M) 0 c z Country Club Estates Unit 20 P.U.D. Corpus Christi, Texas Development Description: Country Club Estates Unit 20, Planned Unit Development (PUD) is a proposed single family residence development. The owner is proposing 73 single family residential lots that will be completed in a single phase. The developer is requesting a change of zoning from RS -6 to RS-6/PUD to allow deviations from the Unified Development Code. Deviations will include sidewalks on one side of the streets, 40' Wide Right-of-ways, 15' front yard setbacks, 5' yard setback on street corner, 10' radius at all block corners, minimum lot size of 3,500 square feet, minimum lot width of 44' and 10' side yard adjacent to 20' side yard along Acushnet. This development will complement existing developments in the area. Location Map: 0 Q) 0 0 Drive 0 7 pg. 2 of 13 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area — 6,000sf Minimum Lot Width — 50' Minimum Street Yard — 25' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 5' Minimum Side Yard (Total) —10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' ROW Width — 50' PUD Requirements Minimum Lot Area — 3,500sf Minimum Lot Width — 44' Minimum Street Yard — 15' Minimum Street Yard (Corner) — 5' Minimum Side Yard — 5' Minimum Side Yard (Total) — 10' Minimum Rear Yard — 5' Minimum Open Space — 30% Maximum Height — 35' Required Parking (off street): 2 per Unit Curb Type — 6" Curb and Gutter Sidewalks — 5' on one side Paved Street Width — 28' ROW Width — 40' Amenities to include: Speed Hump 5' Sidewalk Neighborhood Entry Feature and wall with landscape Lower traffic speed (25mph) pg. 3 of 13 Adjacent Land Use and Zoning. Adjacent Land Use/Zoning: North — RS—TF/Townhomes and RS-6/Subdivision South — RS-6/Subdivision East — RS-6/Schanen Ditch West — RS-6/Subdivision Legend: Planned Unit Development (PUD) Boundary Residential Lot Streets Lot Layout 110 120 00 0 120 240 2 Lot 7 Lot 8 Acushnet Drive ` T Lot 20 Lot 30 Lot 29 Lot 28, Lot 27 Lot 26 Lot 25 "4, Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 v Lot 18 ;f Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9® Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 1 Lot 9 Lot 12 Lot 2 Lot 1 Lot 10 Lot 11 Lot 1 //////////////...+Jenniferaka;(ft/Li////////`��������� URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 18P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 4 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: "" Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump Michelle Lane Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 3 Lot 20 Lot 19 Lot 18 Lot 8 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 Vehicular and Pedestrian Access Vehicular Access will be provided via a 28' wide road from back of curb to back of curb. will be wide tied Pedestrian Access provided via 5' sidewalks located on one side of each street as shown. 110 120 00 0 120 240 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX• (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 5 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" Required Parking: Planned Unit Development Existing Sidewalk - ACUS; "-Existing Sidewalk Lot 30 Lot 20 (PUD) Boundary Residential Lot (2 On—site Parking Spaces) Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump 2 Spaces Per Unit Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 110 120 00 0 120 240 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 URBAN ENGINEERING 2725 Swonhier St., Copus Christi TX 78404 78P£ Firm No. 145 78PLS Firm Na 10032400 PHONE: (361) 854-3101 FAX (361) 854-6001 rn 0 J Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 6 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Legend: 1111111111 "" 16' Y.R. 1Y 5' RED SOME Planned Unit Development (PUD) Boundary Residential Lot Street Pavement Proposed Sidewalk Existing Sidewalk Speed Hump R0.W. a STREET CL 40' RIG -OF-WAY 2' 5' I 28' BACkL TO -BACK 5' 6' CRaM Y ILLrC 6' 1 CUB 16. YR. 20' Existing Sidewalk - ACUS; "-Existing Sidewalk rTP Lot 30 Lot 20 CRANE OR 110115E FRONT 6' CRUSHED WESIORE 8' E r UE STABILIZED SRBGR/NE a; Typical Street -Section Not to Scale Michelle Lane Lot 29 Lot 28 Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 1 Lot 21 Lot 19 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 2 Lot 8 Lot 20 Lot 19 Lot 18 Lot 17 Lot 16 Lot 14 Lot 13 Lot 12 Lot 11 Jennifer Lane c Lot 10 Lot 9® Lot 4 Lot 3 Lot 2 Lot 1 1m 120 00 0 120 240 URBAN ENGINEERING 2725 SRonhrer St., Capes Christ; TX 78404 78P£ Firm No. 145 78PLS Firm No. 10032400 PHONE: (361) 854-3101 FAX: (361) 854-6001 Schanen Ditch Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.87.01 SHEET: 7 of 13 DRAWN BY: XG urbansurveyl ®urbaneng.com Notes Legerd_ Planned Unit Development (PUD1 Bcineory Notal patted area contains 8.46 Acre.s cf Lard_ (ncluces S_re.e; Dediccticn) 2.) T ewing water for the storm water runoff from this procerty is the Oso s Creek. he TCE3 has not ,3111690 the aqua 'c ife use for the 'ao Creek, but it is recogn.ze.d as c, ervironmentolly sensitive area he Osc Creek flows direct)./ into the Cso Bo ./: The TC -C hos classi`ied the aquatic Lie 9319 for the Oso Bay as exceptional" cnd 'oyster waters' and o3Tegorized the rece.ivinc wa_er as "contact recreaton" use. 3.) Grid Bearings and Distances shown he -eon are referenced to the Texcs Cocrdincte System cf 1883 Texas South Zone 4205, and are cased on the North American Dctum of 183(2011; Epoch 2010.01. 4.) B/ grechie plotting only, tris p,operty is in ZOre "C' on Feod Insurance Rate )lop, Community cane No. X85464 0283 C, CII/ of Copus Ch=esti, Texas, whlo bears ar effect., date of July 18, 1985 and 't is not Ir a Special Food -azod Area. 5.) Tre 43rd require'Ilen T, as dep eTed Is a requirerner1 of this c armed Unit De,loprlent and is sucject to oarge as tre =on 1.g may change. 6.) .Access to Aaron Drive from _ot 1, Block 1, Lots 1, 2, ', 4, 5, E, cck 2 and Lot 6, Block 5 is prohibited. Access_ to Acushnet Drive from Lot 30, Block 4 and Lot 20, Block 5 is prohibited. Access to Lots I Through B, Rim*. , 1 a1 1, Hlor:k 4 and I o1, 71 '.hrclgh 28 10 S..' Wide Alley IF, prohibll ed. Z 401 (M'o'a,os) anua sll!H }nuIDM 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 13. CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' _oral '43,30 se snN 1° sF-A093a 5163 4'E 14.26' 0+ Cs 9911 2L Z .1. '6d `23 'ISA 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' 8Z 33,3 s27o3A3 snl' A 73n9D S-33836'VV ,I8 C7 61 1AI 99L 137 LL 7P1 9L 3,1 9,. 7° . 1h (/1(L3',9..' c,'(i9"3 99.'9 3n oL 123'50 413 CC' 5404' 5564 17'w ,4.12' L- 6 703 s xel 934unoLD saLLarN 1:3[3,3333 drVl CZL 7371 'fd b 139' 8Z 4'un 39393.3 91,10 / LA,03 33IH L 133 33,01. e 333 L lul ,11,/ =Pena ,oz 6 1°- £L 333 L1 7.3 -,41'664 3.£S 64.1.9S A311C' aP11A ,OZ (-1A-08,00) anud yauyenoy ('M'o'a0o) 04pa p.1o88 1069 — Mo Nr, ,19'96 LI 9E L2 *CARING DISTANCE S7,59'55''W 23170' d 35 4-'W 25.00' am , L3 vI ss 'vd 1,20' L4 324 CL°- 1 14.08' 180 120 60 120 -aae� �rrr91� x A'. 4,.1.E L." aUO1 6I1a44!W 33"L£Z 3,113 X1.1 33.£ 240 Gra1”phic Scale =120' Master Site/Development Plan for \ Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURE CELT. 3LIGLE H DI IS OL 4R3 LENGTH 1E_ 1 CH _,Rwr 111(321)CV./ 1. ENCTH C2 0 C 15 S 35 bW 14.1,' 5163 4'E 14.26' 0+ Cs gi,LCLIAC,C3 9D CD'OC" 15 C, 11, 0„ 3 56 15 1 S' 36 'w 111621 24"3/ 21.21' 141,' S-33836'VV 14.1,' C7 1'14'033 671 69' 14 47' N I 23 13.4/ 14.47' CH . 1h (/1(L3',9..' c,'(i9"3 99.'9 C9 123'50 413 CC' 5404' 5564 17'w ,4.12' 51621 24 E 14.1,' CII C12 gi,LCLIAC,C3 E2 430 1 3 OC' 11, OC' 15'1' 14-33' S' 36 'w 112019'1,4 '3/ 14.1=' 13.13' 0'13 9234'43" I3 .00' 16.17' 37219'43'E 14.47' C14 1'02'30" 671.69' 1221' 111,17"7"/3 12.21' (/169'321. 1.11 �'i�'"R"VJ 0JCC' c I6 1 J 18'30` 361.69' 122.56' N09'40'40 '3/ 122.78' CI 752'37" 3E13_1'D_, 37' 506'17'34"E '30.90' CI6 ?'4613 661.69 99 r] .76'54 /3 31.99 399— nn,173, l I IN NP ('8'0'88S) 0nua MINSUBJ3 ENG II II VI E E 11 O NG 2725 Swontner St., Corpus Christi TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 l 199,,, RL11.1.,9 SCALE: 1"=120' 36 ENof CCT, Set JOB NO.: 40706.87.01 s washer sanped '113Es1N ENCR CCT3 Sot • 5/8 Hch rorL Rd Found SHEET: 8 of 13 DRAWN BY: XG ult, plastrc cap stamped "6RISTER SUk4EYINC° urbansurvey1 ©urbaneng.com f 3n/'21's,91cs 101 mP 00333 110 Nm 33'98 9090 10 3„9o,m.us a a 00 NP 00033,31 .999,3 no" 00333 �5 3,33293 05 .00 a0 9,3 0015 CO '33 rn� tPr 33333993 05 1.S �5 3n/211,7- - MN ,00'06 �5 .03'331 ,00'06 0 0 .039331 Oo ,00'06 n 3 03 0 09 b3 ,00'06 83 .039331 ,6,1.23 005 ,06'96 .4- ,039331 .03'331 0.15 ,oc'os �Z,IZ.I c4 .00'05 3,/'21-,..91-�v sop doM isituuap L 00OL 3 n,S oo'sc3 33 3b NO St 93'13 90'13 00 M.OZ. .1911 Al9ro0 a,N ,0 sp�919a. 99,1 'Corod 'L9 19A oyd 3s9us 9uur L, alb 3x9 1 N4 -aa ° 1 V1 L 6a 6d L - A _ 3E111L P ,n .1a3 , n3 L 4n°1e 413- P 401 o-a,os) a4pa pu!M JauJusnis of 13'38 9 k'3 431 Legend: Plcnned Uric Deve oprnert (PUD) Boundo-y a�-d Mar Scwcr L1n_ Propoe_d Slot edit I(}I HopOs_d St. rr Scwcr N_mho Proposed Water L-ne Proposed Sanitcry Sewer Line • Proposed Sanitcr) Sewer Marhole Proposed F'i.e Hydren: hxi1ro, ;loan sewer m (GI;) hxitirng ;101 rdet ▪ xititng sl,rrn Sew, tlrnhole (gyp Eai t -ng Wats.1 no. (GIS) Exit ng zorotor, "e„_r Lne (GIS) Existng Gas Line 1:6151 °J„, Existng Fire Hydra rt Existng Scn'itar, Sewer Manhole (o. (,1 o.111 Ris noC s ze1N _ cpzooaH doy{ cZL—ZZl '`1d '£b -loi 8Z Z11 salols3 110 tiryunoC 11eo1H E 101 0, 101 3 n,Ol e lal lL 101 L, 4.1 Ili a1>!A1 ,OZ 3'n tlt 6 '0l 05-0-8,05) anug lauIenov ('m'0'B,00) an1J0 011!H 1nuIDM _n_xal V).Jnoo soanN 10 sp.osed dols S ZZ I'6d 'Gb 'IOA R� 1102 cal. >11 pnlJ <luncJ Z 11o18 101 3 DOI. Ass ,51'664 3.£5,66.19S II. a�1.A1 r LINE L2 L3 L4 BEARING 574152'55"W 5 45'4/ NI E'35'58"4 N73124'02"E DISTANCE 25.70' 25.20' 1620. 16 18 160 120 60 120 240 Gra1p'hic20'Scale =1 Utility Plan Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texas. eunl 81104?i11 n,S CURE (:1 DELTA OGLE 9(1'2(1(]2" RAL US 16 on' 4=_ ENGTH C -ORD BEARING C -ORD LENGTH 2 D0100300'3 10.00' 15 1' S73133'33 4/ "414' 3 9912O299" 1990' 15 S1bl �S"E "42�' _= GS 90'00'00" 000300" 15 00' 10_00' 23 56' 15 1' S7 4 3 4/ 2162 47W 21.2 ' "4.14' C6 020'02" IC.OU' 15 1' 5733- "VJ "4.14' 7 D14'03" 03 6 1 69' 14 47 2 14 T C 'W 447' 0_Oz8 ( '1 (21' _9_31 .;A 12.325C'40" 02 5404S.56143'741 44.12' '.10 92990 19 90 15 1 516121'24'E "414' 011 C12 0'0000 820439" 1000 10.00' 15'1 1433' S7 8 '4/ 721 13041 -414' "3.13' 613 23.43' 10.02' 1..17' 272104'- "4.47' C14 1'0^ 30" 6-1 69' 1221' D 14'17'17'V 2.2" CIS 211'1.5" ( 1 (29' 016 10"35'52" 661.6.' 122.96' OC '47'40`4 "22.78' x'17 752'37" 6E1.69299 97' 508117'34"E JO OD' 218 z 4613 661 .69 31 99 RID _E59W 31.99 3n,s n "3 ns to E M O. . nj.. 0, of mm nii oi � ,�*o m In rf 311 II b II II J \\ 0 Q K J r OU ym T M"0",OS) J. •/p4 MD1/9901'1 ��' 2725 Swontner St., Corpus ChnsO; TX 78404 TBPE Firm No. 145 TBPLS F,'m No. 10032400 PHONE (361) 854-3101 FAX' (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 SCALE: 1"=120' JOB NO.: 40706.B7.01 SHEET: 9 of 13 6=t; DRAWN BY: XG • 578 Inch Iron Rod Found /P looh Iron Rod 'tl Invlirono oOtro ped "URBAN ENGR CCD'' Set Mag Nail with usher stamped "URBAN .NCR CCT);" Sat W (0. an n o� bpm So - with pl02tle cop stamped "BRISTER SURVEYING" Found urbansurveyl @urbaneng.com 21 8 lol o!S 00oz4 M.oz Al 100 0000nN spiooaa Told 'OLS -699 6d L7 1104 asoyd s6oIIlA 1 6/ yam L doe16 0 sem« R.- _ GA!J4 pu1M Jaww S 101Z, ,0.5, (01Z) ms, 01 ( 3'3,6 mo 1 3'(LOZ .l9 01 oaoi 'tp,noo s cant 10 sro oed- doyi 1LC4 6d L9 10As ( -scud 067111 P,A, saw L l 11-•18 99 107 123 11'18 • Legend_ Planned Unit Development (PULS Bcineory Proposed Sanitary Sevier ine Proposed Sanitary Sevier ,Ionhole Evisting San'itcr3 Sevier Line Evisting San'itcr3 Sevier Merhole • 5/8 Inch rcn Rod Found O 5/3 Hch ran Rod w'ita plastic cap sapped "UFEAN ENGR GGTT" Set 9 Mag Nall v,'th ashen s amped JSEAN ENGR CCD0 Set Bnste• 5/8 Inch ran Rod wita plastic cap stamped "BRISTER SUR4ELI N6` round ('M'0'o,06) an0a SII!H }nuloM _oral 'laro se e0N to spoeea doW 2G ZZl Sd `26 'ICU 8Z Liu^ sa,osE cn1� r:,u noC 018 61 Lal "aL lol LL lol 9L ,ol co 2 (»J '3 L101 ss (-800,00) anu0 lauyenoy ,S9•er, ('800,00) anu0 p3oe9'j sc69 — .L9S s xel 0i4uno0 c -arN 10 cp�o�ay dcVi 2ZL-ZZL 'fid '2b l03` 8Z yen sayoLsE 9017 /�LuroO IooIH SL lol e 70l (-s1 L lol 3 n,ol rale/ =pLna ,oz i 6 10- 2L L0l ,ol non) 1311V aSSA ,D7. --,4['664 3.£5,64.L9S -l'n -'35 ?J -ASL LI \E L2 L3 L4 TARING DISTANCE 57'53'W 25.00' S85'3V'4'W 25.00' 16'35'580W 1420' \73'24'02 11408' 180 120 60 aunt 61LBL09.1 Grephic0=120'le Sca Utility Plan - Sanitary Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club or„L�r Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE C.1 DELT, =LIGLE cr” R DUS 1 OL ARC LENGTH 1A- 1 CR _,RING 111(321 )1v/ aENGTR C2 C C 15 S7 35 6 /1 141,' 5163 4 E 1426' C -L CS 01,0100:'," C " 150 1D C 356 15 1 S' 36 'TV 1116'21'24'4/ 21 21' 141L' 573 7 ' "/1, 14.1,' C7 1'14'03" 671.69' 1447' N1,23'1,34/ 14.47' CH ^'A^'1h 6/1-69'99'i Sn1-'6'L9"1- 99.1' C9 123'5047" 25.00' 54.04' S56'43'I-'TV ,4./2' 516'21'24"E 14.1,' 011 012 9G`CG'OC" 32'04'39" 1100' 17-00' 15-I' 14-33' -3'38'3G'W 1120'1'9'14'4/ 14.1=' 13-13' G'13 2 94=" I J C„' 13.17' N72 43'E 14.47' C14 1'02'30" 671 69' 1221' NI 17 '7V/ 12.21' (/1 69' 2 JC; 016 1' 50 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7".52'3-” 331 39' '_, 97' SO6' 17 34"E '70.96' C18 ?' 46 13 S3 4/ 31.99 L 3 CO O- N rD Of I�IiV rD p In Nf 11 II II n CO p o l i0 - 30 ('8'0'21,05) eApa MENSUBJ3 ENG II IN EER NG 2725 Swontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 0 Lr/r,rss F991 „e,1 SCALE: 1"=120' 0J92.1,6 ENGR CCT, Set JOB NO.: 40706.87.018;;",°=h,1 ;ped 6lEAN ENGR CCD Sot SHEET: 10 of 13 Best ; 578 laah ran Rod DRAWN BY: XG °''taplastic Cep stamped "BRISTER SUk4EY1NC" - uad urbansurveyl ©urbaneng.com • 578 Iaah ran Rod Found W at- r."7 n n oCn Cn CN Nq CO 0 0 10 2 10 1-3 Nrn N8 Nq alp 668 1050 6,8 O5 m.9, nns inn 00'O44 M.OZ.OS.L9N' 6Luaa, en, 1a aae. doz/ 'Coro '6d 'L9 ien Cyd asouA pu, L. >I 013 °L , N d o -aa 1Vl L € 1, 66 LoLL L _ aEoH, Pu!/9 ee.t.:ns L Lleala 2 10- h ,al 00!3 M�f eawwns l�,uo'<" n,S N48 0,5 to OL N9 lol L l0l -mY Legend_ Planned Unit Development (PDDI Bcineory Pr po_Ed N'ct..r Line Proposed =ire Hydrant EmEtin4 Neterline (GIS; Existing Eie Hy&En: 3 401 un) vel ('Mto'a,os) anuq all!H 1nOIDM ve. r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E 1n,cz _oral '4'0,0 doll 2L 8Z Liu^ s27°0A3 AENCTH G2 CC` I D.00' s&anN 1° sr-Aoaaa ZZl '0d 2b 'VGA cn1^ A EHAGE S 35 6'W 14.1,' Z. ,18 5163.54"E 61 1A1 EL 1°1 LL 1.1 90- 7°l E. 7° 5733 36 4 14.1,' 3 n01 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' \ F r0 C. 7°1 (-110.0,00) 8nu0 yeugen3v so xel EG,n°G 1, APAoeay dnVI 2Z L-ZZ1 'Ed '2b lG/� 8Z itgn sd4o4s3 9nI0 / CurG4 °GIH CL 1°1 3 n,01 e 4.1 L 7°1 Aalh/ -an,ol 6 1° »1�A, d,H On 7°1 Ll 7°1 ID N2 Nq CV 8. ID O Zo NI 211 -,41.'664 3.£5,64.1.9S ='3,S LI \E L2 L3 L4 E-IARING DISTANCE S7,59'55''W 25.00' 585 35 43'W 25.0(1' 16`35'S6VI 1,20' \73'24'02°= 114.08' 180 120 60 120 trophic Scale 0=120' Utility Plan - Water Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos. CURVE DELT=MAELE H DUS 1.E ARC LENGTH 1ti_'1 CH _nRwr 1111,ci J13/ AENCTH G2 CC` I D.00' 15 1' S 35 6'W 14.1,' 5163.54"E 14.2' C+ 45 96`0250' 9D C7'OC" 15 0C' 1D OC' 23 56' 15-1' '3'38'36'/1 1116'21'24'4/ ^_1.21' 1410-' 5733 36 4 14.1,' C7 104'03A 671 69 1447 N1,23'1,3 3/ 14.47' CH F (/1(.999 4 ;O,t 9'1- 99.1' G9 123'50 41A 25.00 54.04' 6 45 1 ; V ,4.12' 410 2'CC" 12CC' 15.71' E16'21'24"E 14.1,' C11 412 GLEE:AOC" E2 C4'39" 1200' 1D OC' 15'1' 14.33' '3'38'36'/1 1120'1'9'14'4/ 14.1=' 13.13' G'13 9239'4H" 1J.CAE' 16.17' N72'15'43'E 14.47' C14 1'02'30" 671.69' 1221' NI&IT 7V/ 12.21' 416 1' _ 361 69' 122.56' N09'40'40 '4/ 122.78' 017 7 5 37" 661 6'J' EJ 97' SO6'17'34"E 'JO "JO' C18 ? 46 13 661.69 99 N 36S4 3/ 31.99 AaIfC aP11A ,D� eunl ail q W 1n 33,50- 100 0 0 c H'M'0%,05) OAIJ4 MINSUOJ3 ENG II IN EER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17 1G,,h REd1 SCALE: 1"=120' AN EN°R CCD Set JOB NO.: 40706.87.01 s°=hzf°'sa�Ped "UlEAN ENCR CCT); Set SHEET: 11 of 13 fins/; 5781N ren Rod DRAWN BY: XG Gitn plastic cap stamped "6RISTER SURAEEINC' urbansurveyl ©urbaneng.com • 578 Inch ran Rod Found 3,1 c+� 007011 9 n.c ID N'°n Nn N0 Nm 1080 0-8 4-1 (M'o'a,oa) anpa aloe�j scss — lel 00'OZ1 C tin MLOZ.g.1.9N snEEL AL'„ °, 0,a0r1 ,° sUeaa. do/1 'L06 '6d '0-9 i°� po!n1 , s °x 0- 1 N 4 1, °-aa 1 EV1 L 6a 6d L L e°Ia 4°- 701 1,SE '110 a,os) an00 pu!M Jaww S n,S me _L 451 Legend_ Planned Unit Development (PUD1 Bcineory n.. Pr-po—d A -aim Scv, _r LE\ Propos-d Slot Inlet e Propos-d Storm Ecv,_r 6anholc (_ro Exi_tng Storrs Sen er Linc i1;I8i - Existing Elct Inlet Existing Storrs Sen er Nanhcc Z 701 ('M'0'a,os) an0a sll!H }nuloM 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE 1 P,OZ CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' _oral ' an cq0 se a0 to spdoaaa 5163. 54'E 14.20' C -L 45 doll 2L ZZ1 '6d 20 'ICA 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' 8Z 1'u^ sa7os3 cnP R zIa 7 n5O 61 1u1 EL 101 LL 1.1 9L 70l E. 70 471.49' 1447' 31,'23\33 V/ 14.47' CS 31101 6/1-69'99'i t,1-'1 9"1- 99.1' G9 L 25.00' 3 n,S'L C. 701 T (oO8,06) (8-08,00) anu0 ieuIenoy 0/p4 p2089 Tscss ,S9•61 -el, £ OS.L9S „0. su xel '1un0LIL ca -az N 1q cpzosaH doVI 2ZL -ZEE 1 'Ed '2b 101` 8Z iters sc4o1s3 .1E10 / EzE.q Ico1H CL 101 3 L1,01 e 701 L sol RaIN =91na ,oz an,ol 6 I0 401 701 --1PL'664 3.SS.64.L9S tsr LI \E L2 L3 LLEARING DISTANCE S7,59'55''W 25.00' .,85354"\3 25.00' 16`35'58'4/ 1420' L4 \73'24'02°= 11408' 180 120 60 0'e 4 120 240 Grephic=120'le "Sca Utility Plan - Storm Country Club Estates Unit 20 P.U.D. being o replot of Lot 1, Block 1, Country Club Estates Unit 20, o mop of which is recorded in Volume 40, Pages 61 and 62, Mop Records of Nueces County, Texos \ W m CURVE DELT \ =HALLE R DI3S lE =RC LENGTH 1ti 1 CH _ARING 1111 7i 21 / CH^-] ENGTH G2 CC` I D.00' 15 1' S7 35 b /1 14.1,' 5163. 54'E 14.20' C -L 45 96`06'00' 97'0700" 15 OLE 1E OC' 23 56' 15-1' E-3'38'3,"TV 116'21'24`4/ ^-1.21' 141,' G'6 X3'00" 13.00' 15.71' 573'38'36W 14.1,' C7 1'14'03" 471.49' 1447' 31,'23\33 V/ 14.47' CS 1h 6/1-69'99'i t,1-'1 9"1- 99.1' G9 123'5047" 25.00' 54.04' 556'43'1 -'TV ,4.12' 516'21'24"E 14.1,' 011 212 G3'C6'OCE 82'04'39" I3 OLE 17-00' 15'1' 14-33' -3'38'3G" \N N20'1'9'14'4/ 14.1=' 13-13' G'13 9239'48" 13.00' 13.17' 372'18'43'E 14.47' C14 1'02'30" 471.49' 1221' NI&IT 7V/ 12.21' (:1ti .11 (/1(:9'2 „IL ; G16 1' _ 361 69' 122.96' N09'40'40 '4/ 122.78' 017 7 '.52'3-A 331 3'3' J2! 97' S06'17'34"E '30.30' C18 ?'4613 C61. C9 99 N lee'tee ee y/ et ee Ra11C aEq. ,07. eun1 alL0401i A,S •_)-c 0 fD CB I�IN ,naro�=vt°i , onrIIII II p II II m QKJf C) C.) 30' 8/624 MENSUOJ3 0 o_ Lei ENG NEER NG 2725 Sivontner St., Corpus Christ; TX 78404 TBPE Firm No. 145 TBPLS Firm No. 10032400 PHONE (361) 854-3101 FAX (361) 854-6001 Revised: 5/3/17 Submitted: 2/22/17; ,18;11 r RE11 r/a1 SCALE: 1"=120' .4CCD 6 ENOP C' Set JOB NO.: 40706.87.01 8 °=hz�elsa�ped SHEET: 12 of 13 'LjZE9N ENER GGT Set Bn—. 578Inch n Rod DRAWN BY: XG �,itn plasticran stamped "6RISTER SUR\ EYING' urbansurveyl ©urbaneng.com • 578 I.h ran Rod Found 3 122 SZ 3nie,,S- n.c 1Oj^ N 8 N° CO 10 1-3 Lz N5 O N N5 Mo N N N N o, Mo Lnt 5 _ELLIS 22. w m N ect n5 S28'38 36'W 1068.67 0) 5n AA „Op (EL H LSI lel 00.OZb n,S MLOZAS.l9NT n.EL c' 1 LAE&oG s acN Jo splma. do // 'L06 6d 'L9zlo c o L o oyd a5olls po!0/ d b S L. N5.13 8x1 1 zqqqq N sr,Aqq1 ° 1 EV1 L 69 6d 'L9 qA L asoLL, .96/1E PH/L\ gal Eng L .15518 2 10_ L. 701 A,SZ *w0-0,00) 8/!24 pu!M 2aununs cc, loL) mb� von-� rn5 22'22 219 kat 451 Open Space Calculations: Total area of residential Lots 325,832sf 73 Total Units 325,832sf/73 = 4463.45sf (average of total area per lot) Average of developed area per footprints below 2279.50sf 2279.50 amounts to 51.07% open space Required open space is 30% Total Area of Development = 9.46 acres Density of Development is 7.71 units per acre 45.00' O O 15'Y.R. 5'U.E. 10' 2ONCRETE. DRIVE 5'U.E. 16.00' • 3' WALK 5' O O 15'Y.R. 45.00' 5'U.E. O O 15'Y.R. 5'U.E. 5'U.E FLARED 45.00' v /APPROACH \ Typical House Plan 'A' Typical House Plans 1"=5' 0) 15.33' 10' pONCRETE DRIVE 16.00' O 15'Y.R. 3' CURVED SIDEWALK 5'U.E. FLARED APPROACH ' Tied Sidewalk 3' Typical House Plan 'B' Revised: 5/3/17 URBANSubmitted: 2/22/17 SCALE: 1"=5 ENGINEERING JOB NO.: 40706.87.01 2725 Swonfer St., Comas Christ; >x 78404 SHEET: 13 of 13 18PE Firm No. 145 18PLS Firm No. 10032400 PHONE • (361) 854-3101 FAX (361) 854-6001 DRAWN BY: XG urbansurveyl ®urbaneng.com U Case No. 0617-01 X Project Manager. Andrew Dimas W Email: AndrewD2@cctexas.com 1 !GILLS( . Printed Name: ► tt (kr. r r � Address: �� � City/State: (41 FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1003 Property Owner ID: 22 Phone: 37/-- C -7t7 — 0 (p7 Signature Persons with disabilities planning to attend this meeting, who may require special services, are requested to contac e the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-01 MVR Construction Company has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "RS-6/PUD" Single -Family 6 District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as. Country Club Estates Unit 20, Block 1, Lot 1. The property is located along the east side of Aaron Drive, north of Bratton Road, and south of Acushnet Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 14, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call orr. Printed Name: Address: 4130 6 -67 ce-i-trezet doe. ( ) IN FAVOR ( IN OPPOSITION REASON: if-dY 177* ,149(.//o .e)vc/42/0 vC ,e ;re-' ,tom 7% e v/Of/ /e46,‘ v t �frr ''x be.iie,X.r 7 SEE AP ON REVERSE SIDE /650167OR INFOR Case No.: 17ZN1003 Property Owner ID: 26 Signature City/State: d( eda; aff Phone: 36/— 7 ce/S 36,- 374c74. Case No. 0617-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com iti1[(ltl•1t• 1111i1!llillihiEE11!!1Sl1i°1i1 t1;1Eit1i11111(11 City of Corpus Chr st# " Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 — ,= F"": Qui li •'�" ^' T 26 187100040170 IRUJO RAUL E AND KRISTI IRUJO 4306 ACUSHNET DRIVE Corpus Christi, TX 78413 U.S. POSTAGE» PITNEY BOWES (1/410,7711.=1. —- ZIP 78412 $ 000.460 02 4Y9 0000340617 JUN 02 2017 CASE: 0617-01 SUBJECT PROPERTY WITH ZONING Subject Property 113I-1 FIUR0am11F 1 RN0 NWNlamry2 Ma 0 Il tOamlh 3 ON NON. haul 0111Cr RICAT 6I411M1rnlfy AT CN 1 Haigh balm.' Comm •clot 01 0 Naphborrrood Camm.rra CR t R.WmlCOmmlrcla! CR•2 Resort Cc mmliic C0.1 Canons!Cammalcla CO.2 Canard Commarcla. C1 F14nal.a Common. • CBO Downtown Coirinitrtl CR.y Ramon Common. FR Farm Rural N N111tnnc 000,110 BP Bu11..w Per. 0. LigMmqu1Rlal 01 Messy industrial PUb Plarwa010, Oar Gsarlay RS 10 4o'. Family 10 00.1 SIn,4-tam Is 1 RS -I f Slrr0l 4.,,, 10 1 0 RS•T1 11a>FamPy RS 10 Oln.a-Family 1d RE 01111101101 011.4 R2411 FOwnlr0u11 SP Stasis P1:mM Ku R1c,a.tional WOR1, Part 0110 10anu4c0ur.0 Howe ala SUBJECT I 1 , 004 LOCATION MAA ar City of Corpus Christi AGENDA MEMORANDUM Public Hearing and FirstReading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for City Council Meeting July 18, 2017 DATE: 6/20/2017 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manger KeithSe@cctexas.com 361-826-3878 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Public Hearing/1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2017-2018 Consolidated Annual Action Plan. CAPTION: Ordinance to adopt the fiscal year (FY) 2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP projects and further to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. PURPOSE: Purpose of Public Hearing is to meet HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2017-2018 CAAP; the Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013-FY2017 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2017-2018 CAAP. An initial public hearing was held at the City of Corpus Christi's City Hall on February 6, 2017. A second public hearing to receive additional input was held on February 16, 2017. The public hearing to be conducted on Tuesday, July 11, 2017 by the City of Corpus Christi's City Council will satisfy the requirement of the two required hearings, though three public hearings were held. The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2017-2018 funding allocation for the following programs. $2,405,193 Community Development Block Grant (CDBG) $216,432 Emergency Solutions Grant (ESG) $844,596 HOME Investment Partnerships Program (HOME) It is important to note that for FY2017-2018, CDBG will experience a .05% increase ($1,127), ESG will experience a 2.28% reduction (-$5,054), and HOME will experience a 2.75% reduction (-$23,866) from prior year funding, based on the entitlement funding which will be received from HUD. An additional funding in the amount of $100,000 which was recaptured from previously funded projects that were unspent has been made available to be reprogrammed to augment funding levels for the upcoming FY2017- 2018 CDBG program allocations for a total funding level of $2,505,193. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 176.5 million, of which approximately 21.4 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of $216,432 for FY2017-2018. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re -Housing activities. Emergency Shelter activities assist with the shelter operations and staffing for homeless shelters. Homeless Prevention activities assist individuals and families who are currently homeless but are at high risk of becoming homeless "but for" this assistance. Rapid Re - Housing activities assist those individuals and families with rapidly rehousing those who are homeless back into permanent housing "but for" this assistance. Commencing in 1987, the City of Corpus Christi has received in excess of $4.4 million in funding for ESG services. The HOME Program will have an allocation amount of $844,596 as a funding level from entitlement funds to be received, with an additional $400,000 being made available for reprogramming from previously funded recaptured program funds as well as an additional $300,000 generated from the Rehabilitation Loan Program for a preliminary estimated funding amount of $1,544,596 for the FY2017-2018 budget year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $37.6 million have been utilized to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $36.7 million in HOME funding, approximately $4.9 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2017 CAAP represents the fifth and final annual action plan of the developed five-year (FY2013- FY2017) Consolidated Plan and is the application for HUD for funding for the CDBG, ESG, and HOME Programs. The FY2017 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. The Housing and Community Development Department adopted a timeline that provides for public hearings during Technical Assistance Workshops which were held on February 6, and February 16, 2017 to be followed by the City Council public hearing on July 11, 2017. Citizens' public comment period begins on July 9, 2017 and ends July 28, 2017, for the FY2017 CAAP. Subsequently, adoption of the CAAP is scheduled for July 18, 2017, allowing timely submission of the program to HUD. The proposed FY2017 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2017-2018 CAAP's eligibility criteria for the programs and staffs recommendations. Housing and Community Development held four Technical Assistance Workshops on February 6, 7, 16, and 21, 2017, and two Technical Assistance Workshops which included a Public Hearing on February 6 and 16, 2017. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 16 and 21, 2017 at Corpus Christi City Hall. The public hearing date with City Council was also disclosed at this time. The FY2017-2018 Consolidated Annual Action Plan will be submitted to HUD on August 14, 2017 following the required citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2017-2018 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: At the conclusion of public hearing, the City Council may, at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2017-2018 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment FY2017-2018 ESG Attachment FY2017-2018 HOME Attachment FY2017-2018 City Council Policy No. 9 Ordinance to adopt the fiscal year (FY) 2017-2018 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2017-2018 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt of the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP projects and further to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on February 6 and 16, 2017, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, July 11, 2017. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2017-2018 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2017-2018 CAAP to HUD, and • to amend the FY2017-2018 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2017-2018 CAAP, and • to execute funding agreements, amendments and all other documents necessary to implement the FY2017-2018 CAAP with organizations for approved projects. @BCL@98055EE5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this day of , 2017. ATTEST: Rebecca Huerta City Secretary @BCL@98055EE5 Joe McComb Mayor CITY COUNCIL - Public Hearing/ 1st Reading Ordinance Staff Recommendations for the FY2017-2018 CAAP City Council July 11, 2017 Staff Recommendations - CDBG FY2017 City Departments • HCD - CDBG Program Administration - S460,000 • HCD - Rehabilitation Services - $847,000 • HCD - Minor Home Repair Grant Program - $444,775 • Parks and Recreation - Play for All Playground at Salinas Park Phase II- $225,000 • Parks and Recreation - Nutrition Education Service Center (Central Kitchen) - $74,800 • Parks and Recreation - Moody Park Improvements - $112,750 • Parks and Recreation - South Bluff Park Improvements - $ 132,000 • Police - Code Enforcement Program - $208,868 Staff Recommendations - ESG FY2017 • City of Corpus Christi - ESG Admin Cost - $16,232 • Corpus Christi Hope House - $50,050 • Corpus Christi Metro Ministries - $50,050 • Family Endeavors of Corpus Christi, - $50,050 • The Salvation Army - $50,050 Staff Recommendations - HOME FY2017 • HOME Administration/Technical Assistance - $84,459 • Homebuyer Assistance Program - $100,000 • Homebuyer Gap Financing Assistance Program - $375,000 • HCD Single Family Rehabilitation Program - $440,779 • HOME Program Set-aside funds - $585,137 QUESTIONS? CITY OF CORPUS CHRISTI FY2017 ANNUAL ACTION PLAN RECOMMENDED FY2017 CDBG PROGRAM FY2017 CDBG Allocation Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2017 CDBG PROGRAM $2,405,193 $100,000 $2,505,193 # PROJECT & DESCRIPTION Request Staff Recomm 1 HCD - CDBG Program Administration This project will fund 6.25 FTE staff salaries and administrative costs: 1 - Administrator, 1 -Program Manager, 2 -Sr. Management Assistants, and 2 -Contract Administrators. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. $460,000 $460,000 2 HCD - Rehabilitation Services This is the operating budget for 15 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 2 -Program Managers, 4 -Property Advisors, 1 -Contract Administrator, 4 -Loan Processors, 1 -Mortgage Servicing Aide, 1-Managment Assistant (at 40%), 1-Managment Aide, and 1 Sr. Staff Assistant. The staff manage and administer the Demolition/Reconstruction Loan Program, Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Appliance Replacement Grant Program, Homebuyer Closing Cost Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of approximately 700 loans provided through the Single Family Demolition/Reconstruction and Rehabilitation Loan Programs. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. $847,000 $847,000 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $20,000 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing, electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 62 years old or older or disabled. $444,775 $444,775 4 Parks and Recreation - Play for All Playground at Salinas Park Phase II Play for All Playground at Salinas Park is the City's first fully accessible playground for people of all ages and abilities. Phase II of the Play for All Playground at Salinas Park includes the addition of a shade structure for the play strucutre, swings, play panels, exercise equiptment and additional slides for all children to utilize. The playground is located next to Miracle Field - a fully accessible ball field. Phase I of the structure was built in February 2017. $225,000 $225,000 5 Parks and Recreation - Nutrition Education Service Center (Central Kitchen) located at the Del Mar West Campus This Improvement Project will include a new roof to the city -owned portion of the building, and the replacement of 3 HVAC systems. The Nutrition Education Service Center prepares daily meals for the elderly for the eight senior centers and the Meals on Wheels Program. $74,800 $74,800 1 # PROJECT & DESCRIPTION ■ Request Staff Recomm 6 Parks and Recreation - Moody Park Improvements The Moody Park Improvements Project will include the replacement of the playground and a basketball court, and also provide new park benches and picnic tables, along with planting trees. Parks and Recreation will work with a playground and park amenity manufacturer to provide and install all of the structural improvements. As use of the park increases and neighbors are encouraged to connect with each other, it can serve as a base line for combating crime in the area. $112,750 $112,750 7 Parks and Recreation - South Bluff Park Improvements The South Bluff Park Improvements Project will include the replacement of the playground, trail enhancements, park lighting, bathroom upgrades,and also provide new park benches, trash cans, BBQ pits, and trees. The department will work with a playground and park amenity manufacturer to provide and install all of the structural improvements. As use of the park improves and neighbors are encouraged to connect with each other, it can serve as a base line for combating crime in the area. $132,000 $132,000 8 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 4-Code Compliance Officials (100%) which includes a total of $208,868.00 Funding will be for salaries and approximately $6,667.00 for training and for certifications required for code enforcement. The CE Compliance Officials are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching a property owner's name and address. $208,868 $208,868 Total City Projects $2,505,193 $2,505,193 Overall Total $2,505,193 $2,505,193 2 RECOMMENDED FY2017 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2017 ESG Allocation $216,432 # PROJECT & DESCRIPTION Request Staff Recomm 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .50 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. $16,232 $16,232 2 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short and medium term rental assistance and Rapid Re -housing Case Management and short and medium term assistance. $50,050 $50,050 3 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance, and Rapid Re -housing - Case Management and short- and medium term assistance. $50,050 $50,050 4 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance and Rapid Re -housing - Case Management and short- and medium term assistance and Street Outreach. $50,050 $50,050 5 Family Endeavors of Corpus Christi Funding requested for the ESG Activity Components of Emergency Shelter Activities, Homeless Prevention -Case Management and short- and medium term rental assistance and Rapid Re -housing- Case Management and short- and medium term assistance and Street Out. Family Endeavors assists homeless veterans in the community. $50,050 $50,050 Overall Total** $216,432 $216,432 * All ESG funding must be matched at 100% 1 RECOMMENDED FY2017 HOME PROGRAM FY2017 HOME Allocation Reprogrammed Funds Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2017 HOME PROGRAM $844,596 $400,000 $340,779 $1,585,375 # PROJECT & DESCRIPTION Request Staff Recomm 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $84,459 $84,459 2 Homebuyer Assistance Program Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $100,000 $100,000 3 Homebuyer Gap Financing Assistance Program Provide assistance to eligible homebuyers with a total household income of less than 80% AMI with up to $25,000 to purchase a newly constructed home within an undeveloped area within the City limits of Corpus Christi. The maximum sales price for the newly constructed home may not exceed $165,000. $375,000 $375,000 4 HCD -Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans, demolition grants, relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. $440,779 $440,779 INTERDEPARTMENTAL TOTAL $1,000,238 $1,000,238 Funding determination will be made no later than September 1, 2017 1 TG 110 - Samuel Place Apartments * (CHDO) Samuel Place Apartments, to be located on 4315 Carroll Lane, is an affordable housing multi -family community consisting of 60 units which serve low-income families, seniors and individuals. The project proposes to rehabilitate the entire complex. Improvements will include: energy efficient apartments and appliances, ceiling fans, low -E vinyl windows, central heat and air, a new common area building with community center and kitchen, business center/computer lab and laundry facility. The development will be financed primarily through The Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Samuel Place Apartments will serve residents at 30%, 50%, and 60% area median income. Total project cost: $14,137,611 $300,000 1 # PROJECT & DESCRIPTION Request Staff Recomm 2 MDA Housing Lipes Ltd. - The Avanti Bayside Apartments The Avanti Bayside apartments, to be located at 5409 Lipes Blvd., is a proposed affordable housing multi -family community consisting of 88 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. The Avanti Bayside Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $16,431,777 $300,000 3 TG 110 - Village at Henderson* (CHDO) Village at Henderson, to be located 5409 Lipes Blvd, is a proposed affordable housing multi -family community consisting of 88 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Village at Henderson Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $16,089,629 $300,000 HCD Projects Total $1,000,238 $1,000,238 Overall Total $1,900,238 $1,000,238 * Total Set -Aside to be determined no later than September 1, 2017 $585,137 $585,137 *HOME Subrecipient Agencies who submitted HOME FY2017 funding will be awarded funding no later than September 1, 2017 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 2 City Council Policy No. 9 Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward Affordable Housing Programs administered by the Housing and Community Development Department, as mandated by the U.S. Department of Housing and Urban Development. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission. (Res. No. 21901, § 1, 3-22-1994; Res. No. 026055, § 1, 12-14-2004; Res. No. 026571, § 1, 12-20-2005; Ord. No. 030000, § 1, 10-29-2013; Res. No. 030365, § 1, 12-16-2014; Res. No. 030525, § 1, 6-16-15) AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 29, 2017 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Vendor Ordinance Amendments Changing and Adding Specific Regulations for Mobile Food Vendors. CAPTION: Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non -stationary vending; providing for severance; providing for publication; and providing for effective date. PURPOSE: To simplify the vendor permitting process and expand vending locations. BACKGROUND AND FINDINGS: The Corpus Christi — Nueces County Public Health District in consultation with various Community Focus Groups and in collaboration with the following City Departments of Development Services, Traffic Engineering, Parks & Recreation, Marina, Legal, Fire, and Police conducted a study to revise and improve Ordinance 38 (Peddlers, Vendors, Mobile Food Vendors, Itinerant Merchants and Solicitors) to simplify the vendor permitting process and expand vending locations to include streets and sidewalks; and Ordinance 10 (Beachfront Management and Construction- Revised Section 10-68: Gulf of Mexico Beach Vending) to include terminology to permit fixed vending sites and mobile food vendors. ALTERNATIVES: Disapproval of the proposed Amendments of the Ordinances. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Amendments to the Vendor Ordinances will ensure compliance with and improve the quality and effectiveness of the codes. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Development Services Department Fire Department Legal Department Marina Department Parks & Recreation Department Police Department Traffic Engineering Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Grant Comments: None RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Corpus Christi Code of Ordinances Chapter 38 Article I, to add specific regulations for mobile food vendors, update definitions, applicability, modify permit application requirements, increase insurance requirements, provide for location licenses and fees, eliminate bond requirements, modify permit fees, add permit suspension criteria, add causes for permit denial or revocation, modify appeal procedures, update regulations for vendors, sidewalk vending, special event vending, street vending, park and beach vending and private premise vending, authorizing a Pilot Program for vending; amending Corpus Christi Code of Ordinances Chapter 10 Section 10-68 to include mobile food vendors and eliminate non -stationary vending; providing for severance; providing for publication; and providing for effective date. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, Chapter 38, Article I , entitled "1N GENERAL," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Chapter 38 - PEDDLERS, VENDORS, MOBILE FOOD VENDORS, ITINERANT MERCHANTS AND SOLICITORSul ARTICLE I. - IN GENERALE' Sec. 38-1. - Purpose and findings. (a) The city council of the City of Corpus Christi, Texas, makes the following findings: (1) Vendors, mobile food vendors, peddlers, commercial solicitors and itinerant merchants engage in legitimate and honorable commercial activities which enhance the convenience of the consuming public and promote an active and healthy economic environment. (2) The nature and characteristics of such commercial activities require the reasonable regulation of the time, manner and place of such activities. The streets, sidewalks and other public ways and recreational areas are primarily to promote the smooth flow of vehicular and pedestrian traffic and public leisure activities. (4) The reasonable regulations enacted hereby do not prohibit or inhibit free expression of religious, political or other ideas and beliefs, but regulate commercial activities and conduct for the below expressed public purposes. The regulations herein applicable to interstate commerce transactions are not ver burdensome but are merely measures which are necessary to protect the public health, safety and welfare, and it is the definite (3) (5) Page 1 intent of this council to promote, preserve and protect free enterprise and interstate commerce. (b) The purpose of this article shall be to accomplish the following objectives through the reasonable regulation of vendors, mobile food vendors, peddlers, itinerant merchants and commercial solicitors in and upon public streets, sidewalks, parks, beaches and other recreational areas and of outdoor and transient commercial activities: (1) Protect the public health, safety and welfare and promote the use and enjoyment of public parks, beaches and other public recreation areas in an attractive environment. (2) Promote smooth and safe flow of vehicular and pedestrian traffic and avoid urban congestion. (3) Enhance and protect the quality and attractiveness of the environment. (4) Protect the use and enjoyment of the people in their homes and private businesses. (5) Protect the public from fraudulent, illegal, unsafe or unhealthful commercial activities, products and services. (6) Preserve the character and quality of residential, recreational, commercial and business areas and property. (7) Promote and enhance the quality of commercial activities within the city. Sec. 38-2. - Definitions and construction. (a) As used in this article, the following definitions shall apply: (1) Bay -front seawall shall mean the protective retaining wall running along the shore of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon. (2) Business shall mean any marketing activity conducted for the sale or rental of goods or services for private profit on any premises in this city. City shall mean the City of Corpus Christi, Texas, or where the context indicates, the city manager or his designated representative or other authorized representative of the city. (4) Commercial Printed Matter means any printed or written matter whether on a sample, device, circular, leaflet, pamphlet, paper or booklet or whether printed, reproduced or copied of any matter or literature which advertises for sale any merchandise, product, commodity, or services; or (A) Directs attention to any business, or commercial establishment, or other activity for the purpose of either directly or indirectly promoting sales; (B) Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken to defray expenses; or (3) Page 2 (C) While containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising or for the private benefit and gain of any person so engaged as the advertiser or distributor. (5) Commercial solicitor shall mean any person without a permanent business establishment within the city who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. (65)Home Solicitation means the business of soliciting, selling, offering for sale, renting or offering for rent or taking orders for goods or services or distributing commercial printed matter by means of going on private premises from house to house, including apartment homes and other multi-family housing, without the prior expressed request or consent of the owner or occupant thereof. Itinerant merchant shall mean any person without a permanent business establishment within the city who engages in a temporary business of selling, offering for sale, renting or offering for rent any goods or services from a permanent, established structure. Temporary association with an established resident business or person shall not excuse any itinerant merchant from the terms of this article. (86)Local youth organization means an organization that meets all of these requirements: (i) is a charitable or nonprofit entity, or a public or private primary or secondary school, or a program unit authorized by any such school (such as a band, athletic team, student club, etc.); and, (11) which raises funds for the organization by predominantly using children; (iii) has not been accused by any law enforcement agency of fraud, child labor law violations, or other crime against residents in the course of soliciting. All local youth organizations must have a physical address in City of Corpus Christi. (97)Mobile food unit means a food establishment contained within a motor vehicle or a trailer capable of being mounted on a motor vehicle, stand, cart, craft, or other equipment or device for the purpose of parking or stopping briefly for selling food and beverages directly from the vehicle, trailer, stand, cart, craft, or other equipment or device to customers who approach the unit. Mobile food unit does not include a converted storage/shipping container or other similar structure. (10)Mobile food vendor means a vendor who specifically engages in the business of selling or offering for sale food and beverages directly from a mobile food unit in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises. (11)Panhandle means the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purpose of immediately collecting money or any other item of value for the use of one's self or others. (125)._ Peddler shall mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any (7) Page 3 goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof, and who makes delivery at or near the time of any such transaction. (39)_ Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. (14Q)—Person shall mean any individual, firm, company, corporation, organization, partnership, association or other legal entity. (154)_ Tourism/leisure activities means endeavors which encourage and or accommodate recreational use and enjoyment of the bayfront seawall area by tourists and members of the community. (16) Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or device, except a mobile food unit, -used by a vendor for the storage or display of goods for sale or rent or in the actual rendering of services. Vending unit does not include a converted stora•eishi•+in* container or other similar structure. (172)—Vendor shall mean any person who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or services from any vehicle, cart, stand, or other equipment or device or from his person, from, in or upon any public street, alley, sidewalk, park, beach or any other public way or premises or from, in or upon any private premises; and outside a permanent, established structure. (b) The following rules of construction shall apply to this article: (1) The term "shall" is mandatory. The term "may" is discretionary. (2) The singular shall include the plural and the plural shall include the singular where indicated by the context. (3) The masculine gender shall include the feminine and the feminine gender shall include the masculine. Sec. 38-3. - Applicability; affirmative defenses. This article shall not apply to the following persons, businesses or conduct or under the following conditions; provided, however, that it shall not be necessary in the prosecution of any violation of this article to negative any of such exceptions or exemptions herein expressed; but the pleading and proof of the same shall be an affirmative defense in any such prosecution: (1) Persons or operations holding a certificate of registration from the city secretary as charitable solicitors under the provisions of article II, Unlawful Solicitation, of this chapter. (2) Auctions or auctioneers licensed under the provisions of chapter 8 of this Code. Page 4 (3) Persons or operations permitted at or upon the premises or property of the Corpus Christi International Airport under the authority and provisions of chapter 9 of this Code. (4) Persons or operations permitted at or upon the premises or property of the Corpus Christi Marina under the authority and provisions of chapter 12 of this Code. (54)Newspaper vending machines upon any sidewalk or sidewalk area along any arterial or collector street; provided, however, that such newspaper vending machine operations shall comply with the following: a. No such vending machine shall be located in such a way as to create a safety hazard or impediment to pedestrian or vehicular traffic. b. No such vending machine shall be located within twenty (20) feet of any intersection. c. Such vending machines shall be confined to an area extending no more than two (2) feet into any sidewalk walkway. d. Such vending machine vendors shall notify in advance the record owner of adjoining property of the placement of any such vending machine. e. Such vendors shall at all times keep the area of every such vending machine free of litter and trash. f. Such vending machines shall be maintained in first-class working condition and shall be kept currently stocked with publications. Such vending machines shall be free from all advertising except that which identifies the publication. h. Such vendors shall, prior to installation, submit to the city building division proof of adequacy of wind design capacity of the anchoring system for each such vending machine to show that such system is consistent with the hurricane precautions required by the Corpus Christi Building Code. i. By placement of any such vending machine, the vendor agrees to hold harmless the City of Corpus Christi, Texas, from any and all claims or causes of action for damages whatsoever which might arise either solely or in part from placement of such vending machine, and an indemnity agreement shall be executed between such vendor as indemnitor and the city as indemnitee to effectuate such agreement. Every such vendor shall maintain on file in the city secretary's office a certificate of insurance evidencing public liability insurance in the amount of one million dollars ($1,000,000.00) naming the City of Corpus Christi, as an additional insured and providing that no cancellation of such policy of indemnity insurance shall be effective without prior written notice to the city. Every such vendor shall maintain an agent in Corpus Christi, Texas, who may be reached at a listed telephone number during normal business hours to receive and handle complaints and respond to inquiries. The name, address g. J• Page 5 and local telephone number of such agent shall be filed with the office of the city secretary. (65)Ordinary commercial travelers or salesmen, transacting business only at wholesale or with dealers in such goods or in goods or services for use in other manufacturing or commercial purposes. (76)Sales conducted pursuant to statute or by order of any court. (87)Persons or transactions associated with bona fide trade shows, exhibits, expositions or conventions where all transactions of purchase, sale or exchange are made in connection with such trade show, exhibit, exposition or convention and within the confines of the said trade show, exhibit, exposition or convention siteas. (96)Individual, one time only sales of personal property items sold by the owner thereof at his private residence or business. (109) Garage sales, which for purposes of this article shall mean and include all general sales, open to the public, conducted from or on a residential premises for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "fawn," "yard," "attic," "porch," "room," "backyard," "patio," or "rummage" sale, of which no more than three (3) are held at or by any one residence and/or family household during any calendar year, each of such sales being limited in time to no more than three (3) consecutive days or two (2) consecutive weekends (Saturday and Sunday). Sales of the type, but in excess of the number or duration provided for herein, are business operations outside the intent of this exemption. (114Q) Temporary promotional events held in connection with a permanent established business as authorized in the Corpus Christi Zoning Code. (12)Sidewalk sales held by adjoining or abutting businesses and otherwise in compliance with the provisions of the Code of Ordinances of the City of Corpus Christi, Texas. (13)Authorized contractual concessions permitted upon city proprietary premises by agreement, lease or contract with the city duly authorized by the city council. (14)Delivery services of permanent established businesses in the city; including industrial catering services providing regular food delivery for employees of industry, business and construction sites, and which operate on-site and by agreement with or invitation of such industries or businesses. Page 6 (15)Lemonade stands and the like conducted and operated entirely by children under the age of sixteen (16) and upon the private residential premises of such children. (16)Local youth organizations are exempt from the permitting requirements of this chapter. Sec. 38-41-6. - Commercial solicitors engaged in interstate commerce; certificate of registration in lieu of permit. (a) No commercial solicitor engaged in the business of taking orders for future delivery of goods or services through the channels of interstate commerce shall be required to post a bond or be issued a permit under the terms of this article, provided, however, that no such solicitor shall engage in such activities without first filing with the city an application containing the information required by subsections (1) through (67) and (914) of section 38-76 of this article and obtaining a certificate of registration as herein provided. (b) Upon the filing of the required application, each such solicitor shall be issued a certificate of registration upon payment of a fee of twenty-five dollars ($25.00) therefor, and each individual engaged in such solicitation in the city shall have an identification card approved as provided for in subsection 38-9(d) of this article. No person shall engage in such solicitations without the required identity card. (c) Certificates of registration and identification cards issued under this section shall be valid for a period of ninety (90) days and shall be displayed to any person so requesting. Sec. 38-54. Permit required. No person shall engage in the business of selling, offering for sale, renting or offering for rent any goods or services as a vendor, mobile food vendor, peddler, commercial solicitor or itinerant merchant within the City of Corpus Christi without first obtaining a permit therefor in accordance with the terms and provisions of this article. When engaged in the business of selling, offering for sale, renting or offering for rent any goods or services, such permit shall be attached or hung on the vendor, mobile food vendor, peddler, commercial solicitor or itinerant merchant so that it is visible to the public and law enforcement officials. Sec. 38-56 -71 Permit application; filing. No„permit required by this article shall be issued except upon a sworn application duly filed with the city manager or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ esignee-4e Sec. 38-76. - Permit application, information required, and criminal background check. (a) Every application for a permit required by this chapter shall contain the following: (1) Applicant identifying information as follows: Page 7 A) If the applicant is a firm, company. corporation, organization, partnershi association or other legal entity company: (i) The applicant's name, address, e-mail address, and telephone number, (ii) If applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity, (iii) The name, address, telephone number, and title of each of its officers; and (iv)The date and place of incorporation or establishment of the business. (2) flLIf the applicant is an individual: (i) The applicant's name, date of birth, address, e-mail address, and telephone number; (ii) If applicable, the business address and phone number of the applicant; (iii) If applicable, a certified copy of any assumed name certificate; and (iv) The name, address, date of birth, e-mail address, and telephone number of any individual or company for which the applicant is acting as an agent. (23)The full name, date of birth, phone number, current residence and place of residence for the five (5) years previous to the date of said application of any individuals who will engage in the business operations in the city. Any individual who has lived outside of the state of Texas anytime within the five (5) years previous to the date of said application must submit to a fingerprint -based criminal background check. The applicant will be responsible for any fees imposed by state, federal or third party agencies for the report. (34)A description of the type of goods or services to be offered for sale or rental. (46)A description of the dates, times and proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors and mobile food vendors, which shall show compliance with all site regulations of this article. (56)The license number of any motor vehicle to be used in the operation of the business in the city. (6) For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business Page 8 purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (78)A description and photograph or drawing with construction plans and specifications of any vending unit or mobile food unit to be used in the business for which the permit application is filed. (89)Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One million dollars ($1.000,000.00) per person ($300709944)—per occurrence for bodily injury and for property damage. An i cl nity agr oment ele. (9) Mobile food units and vending units required to obtain auto liability insurance in accordance with state law shall provide proof of an auto liability insurance policy, issued by an insurance company authorized to do business in the state of Texas with protection in the minimum amounts required by state law. Additionally, if operating on City property or a City sponsored event such insurance shall name the City as an additional insured, and shall provide that no termination or cancellation will be effective without prior written notice to the City. Page 9 (10)Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested -.to include Section 54.0145 of the Texas Labor Code, as amended: and (11)Each applicant shall provide proof of identification for each individual representative of the applicant who will be engaged in the business for which application for a permit is made, through submission of a valid driver's license or other valid, official government photo identification. (12) Any other information the City Manager, or designee, determines necessary to the enforcement and administration of this article. (b) (1) The applicant must provide all information and any state or federal forms that are required to obtain a criminal history report for the applicant and each individual representative of the applicant who will be engaged in the business for which the application for a permit is made. In addition to the permit fee, the applicant will be responsible to cover any fees imposed by state or federal agencies for the report. (2) An applicant and any individuals who will engage in the business operations in the city may be denied, revoked, suspended, or denied for renewal if the applicant or any individuals who will engage in the business operations in the city has-been = - - - - - - - - - - - - - oes not meet the background check guidelines adopted, and as may be amended, by the City Council. (c) A permittee shall notify the City Manager, or designee, within five (5) days after any material chan;c�e in information on the application during the permit term. A material change includes, but is not limited to: - - - - (1) When the permittee becomes an agent for another individual or company, (2) When a permittee terminates an individual's authority to serve as the permittee's agent; (3) A change in the nature, character, and quality of the goods or services; (4) A change in the dates, times, and locations proposed for conducting the business in the City; (5) The addition of individual representatives of the applicant who will be engaged in the business for which the application for a business permit was made, who were not included in the original application; (6) Renewal of any required insurance policy during the permit period; or (7) Renewal of any required health permits. Sec. 38-87. — Permit application, additional requirements (a) Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall Page 10 have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. Certain types of mobile food units may also require an inspection by the City's Fire Department prior to issuance of a health permit. (b) Inspection by the Fire Department. Certain t •es of mobile food units ma also re•uire an ins•ection by the fire department to ensure compliance with the Corpus Christi Fire Prevention Mobile Food Vendor Requirements. A copy of the Corpus Christi Fire Prevention Mobile Food Vendor Requirements will be available upon request and accessible on the City's Fire Department website. (c) Location License (1) Itinerant merchants, vendors and mobile food vendors who wish to conduct business on City right-of-ways, parks, beaches, bayfront seawall, or other City property must seek a location license after the permit has been issued and prior to conducting business on City property. (2) Location license fees. The Traffic Engineer shall prepare a list of fees for use of authorized public right -of ways for vending or mobile food vending. The schedule of fees and charges shall be submitted to the City Manager for approval, and be reviewed on an annual basis. Such fees shall not increase annually by more than twenty-five (25) percent, nor shall new fees be created, without City Council's approval by motion or resolution. The approved scheduled shall be filed with the City Secretary and copies shall be provided to the City Council. Specific fees, however, shall be adiusted at any time, and the City Traffic Engineer shall have the authorit to ne otiate s eciai fees for special situations. The fees for use of City parks, beaches and the bayfront seawall sidewalk, for vending or mobile food vending shall be in accordance with the approved fee schedule authorized pursuant to Chapter 36 of this Code. emergeRsies. e. Page 11 aggrieved -porton. Sec. 38-9. - Permits—Duration and fees. (a) Except as otherwise provided in this article, permits granted under this article shall be issued for a '- - • - - - _ _ - - one year period of validity-ef (b) The fee for a permit under this article shall be seventytwenty-five dollars ($275.00) per yearthirty-day innromont (dc) Each vending unit, mobile food unit and each distinct location of an itinerant merchant business, vendor and mobile food vendor shall be separately permitted. (de)As a condition of each permit issued under this article, each individual engaged in the permitted business which involves home solicitation, shall be provided by the City with a separate identification card which shall be valid for the duration of the permit in connection with which it is required. The permittee shall pay for the cost of each identification card required, which shall be ten dollars ($10.00). E h Page 12 Replacement identification cards will be ten dollars ($10.00) each. Sec. 38-10. — Permit&me—Renewal. Permits issued under this article may be renewed by filing a written request therefor which shall correct and update any information required in the original application as necessary to accurately reflect current facts and information. Such renewal requests shall be accompanied by the required fees and shall be processed as in the case of original permit applications. Sec. 38-11. Permit --Same Not transferable. No permit issued under this article shall be transferable or assignable. Sec. 38-12. — Permit—Same Issuance. (a) Within five (5) working days of the receipt of a completed application for a permit under this article, the City Manager or designee p shall issue the requested permit or shall notify the applicant, in writing, of the denial of such permit and the reason for the denial. (b) Every permit issued under this article shall state the number of the permit, the dates of issue and expiration, the type of business authorized, be offered, , the location where said business may be carried on under the permit, the name of the business and the names of the individuals authorized to conduct the actual business operations. Sec. 38-13. — Permit—Suspension (a) Upon the declaration of a state of emergency or of a disaster in the city, as authorized in this Code, every permit issued under this article for a peddler, vendor, mobile food vendor, commercial solicitor or itinerant merchant to engage in the selling, renting or offering for sale or rent any goods or services used or useful in connection with such emergency or disaster relief shall be immediately suspended. The City Manager or designee is hereby authorized to determine whether each particular permit issued by him is within the class of permits suspended and is further authorized to reinstate suspended permits during a state of emergency or of a disaster in the city or immediately thereafter. The appeal provisions below do not apply to suspension of permits pursuant to this subsection. (b) The City Manager or designee may suspend a permit for a definite period of time, if the City Manager or designee determines that: (1) A violation of this code or any other law concerning the sale or distribution of goods or services, by the permittee or permittee's agent has occurred, including any action inconsistent with the conditions under which the permit was issued or Page 13 (2) The permittee or a representative authorized to supervise the permittee's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this code or any other law concerning the sale or distribution of goods or services by agents. (c) Vending at an unapproved location will result in a six (6) month suspension of the permit. (d) The City Manager or designee shall send to the permittee a written statement setting forth the reasons for the suspension and notifying the permittee of the right to appeal. A timely request for appeal by the permittee stays the effect of the suspension unless the City Manager or designee determines that an emergency exists. (e) For purposes of this section, an emergency exists if the City Manager or designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or designee may order the permittee or permittee's representative to correct the violation immediately or cease vending or home solicitations to the extent the City Manager or his designee determines is necessary to abate the threat until the violation is corrected. (f) If the City Manager or designee suspends a permit, no portion of the fee already paid for the permit will be refunded. Sec. 38-134. Permit Same Denial or revocation. (a) Any permit may be denied or revoked for any of the following causes: (1) Fraud or misrepresentation contained in the application for the permit. (2) Fraud or misrepresentation made in the course of carrying on the permitted business. (3) Conduct of any business required to be permitted under this article in violation of any of the terms of this article or of any ordinance of the City of Corpus Christi, Texas. (4) Activities or conduct in violation of any state statutes or federal law governing the transaction or product of the business required to be permitted by this article. (5) Two (2) or more permits held by the applicant having been revoked in the preceding calendar year prior to the application for a permit because of fraud or misrepresentation in a previous application or from fraud or misrepresentation made in the course of carrying on the permitted business. (j) Two (2) suspensions of a permit held by the permittee in the current permit year will result in revocation of the permit for the remainder of the permit year. (7) The permittee or an agent of the permittee has intentionally or knowingly impeded a lawful inspection by the City Manager or designee, or any representative of a City Department who has the authority to inspect the permittee and the permittee's business procedure; Page 14 (b) Notice of any such denial or revocation of a permit shall be given in writing, setting forth specifically the grounds of such denial or revocation. The notice must notify the permittee of the right to appeal. Such notice shall be sufficient if personally delivered or mailed, postage prepaid, to the permittee at the business address given on his application for said permit and shall be effective immediately upon personal delivery or on the second business day following the date of mailing of such notice. (c) If the City Manager or designee revokes a permit, the fee already paid for the permit will be forfeited. A permittee who's permit has been revoked under this section may not apply for or be issued a new permit for a period of one (1) year after the date the revocation took effect, Sec. 38-145. - Appeal. Any person aggrieved by the decision of the permit o*F^^rCity Manager's designee in regard to the denial of an application for a permit under this article or in connection with the suspension or revocation of a permit under this article shall have the right to appeal to the City Manager. The City Manager may select a designee who is not from the same department as the designee who denied, suspended or revoked the permit to hear the appeal. Gity-seuncil. Such appeal shall be taken by filing with the Ceity Mrnanager within tenseven (107) days after the effective date of the notice of the denial, suspension -or revocation, a written statement setting forth the grounds for the appeal. A hearing before the sCity seunciManager or designeet shall be scheduled within thirtywenty ono (3024) days following the filing of the appeal. After the hearing, the City Manager or designee, shall either uphold, modify, or revoke the denial, suspension or revocation. If no appeal is taken within the time provided above, the decision of the denial, suspension or revocation shall be final. When a permit suspension or revocation is upheld, the permittee shall remove and cease to display the originally issued permit. Sec. 38-1622. — Peddlers, Commercial Solicitors and Itinerant Merchants; General Regulations. All peddlers, commercial solicitors and itinerant merchants, permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) No peddler or commercial solicitor shall conduct any such business before 9:00 a.m. or after 6:00 p.m. during standard time, or before 9:00 a.m. or after 7:00 p.m. during Daylight Savings Time, without a prior invitation from the occupants of said private residence. (2) No peddler, commercial solicitor or itinerant merchant shall represent to any person that any certificate of registration, permit or identification card issued under the provisions of this article in any manner constitutes an endorsement or approval by the City of Corpus Christi, Texas, of a product, good or service or of any particular person or business. Page 15 (3) No peddler, solicitor or itinerant merchant shall make any false, fraudulent or misrepresentative statement regarding any goods or services or in any other manner misrepresent his business or purpose. (4) Every peddler, solicitor and itinerant merchant shall upon the request of any purchaser of goods or services from him, provide such purchaser with a written receipt signed by the said peddler, solicitor or itinerant merchant and setting forth a brief description of the goods or services, the total purchase or rental price thereof, the amount of cash payment, if any, and the balance due and terms of payment. Every peddler, commercial solicitor and itinerant merchant shall prominently display any certificate of registration or permit issued under the provisions of this article and shall, upon the request of any person, display any identification card issued under the provisions of this article. (6) No peddler, commercial solicitor, or itinerant merchant shall remain on any private premises or continue any effort to gain entry to any private premises after being requested by the owner or lawful occupant thereof to depart. (7) No peddler, commercial solicitor, or itinerant merchant shall engage in soliciting activities at any residence or business that has a "No Soliciting" or "No Trespassing" sign posted on the property. Sec. 38-176. - Vendors; general regulations. (5) All vendors permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) All vendor premises and surrounding area shall be kept clean and free of trash and litter. A trash receptacle shall be provided by the vendor, maintained by the vendor and lawfully disposed by the vendor -(75) feet of cvery vending unit. The vendor shall secure the trash feceptawiereceptacle in a manner -that ensures the trash is maintained within the receptacle at all times. Prior to leaving the location the vendor shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled. The trash receptacle must be removed from the vending site by the vendor or mobile food vendor within thirty (30) minutes after the vendor or mobile food vendor has ceased vending activities at the end of each business day. Every vendor issued a permit under the provisions of this chapter shall, within five (5) days of such issuance, certify in writing that he has obtained training or information on litter and waste handling from Keep America Beautiful, Inc. or some other approved organization operating an educational program to reduce litter in the city. (2) No vendor shall conduct his vending operation except between the hours of 7:00 a.m. and 12:00 midnight, unless otherwise specified in a location license, and no vending unit shall remain on the premises except during such period of operations. Mobile food vendors will adhere to the hours of operation listed in Page 16 (3) the special regulations for mobile food vendors, unless otherwise specified in a location license. Vendor signage shall be secured and restricted to vending units, mobile food units and service vehicles with no extension of signs beyond vehicle mobile food unit or vending unit edges. Signs shall be limited to the vendor's name and a listing of goods and services available and their prices and shall comply with the zoning regulations relating to signage for the zoning district in which the vending unit is operated. (4) All permits shall be prominently displayed and plainly visible within or upon the vending unit. (5) Vending of food or beverages in glass containers is prohibited. (6) All vendor premises must be vacated and vending units removed from the premises during Condition 3 and higher hurricane alerts. No vending unit, mobile food unit or service vehicle used therewith shall be left unattended on any public street, alley, sidewalk or other public way, nor upon any public grounds, park, beach or other public premises. Vending units and mobile food units shall be freestanding and no item related to the vending operation shall be allowed to lean against or hang from or otherwise be attached to any structure except the vending unit or mobile food unit. Vending units and mobile food units shall be constructed and maintained in a professional, workmanlike manner with quality materials and units which are rusted, tattered, wom or otherwise in disrepair are strictly prohibited. (10) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. (11)Distribution of commercial printed matter or other advertising paraphernalia is prohibited. (12) No vendor shall vend to persons in vehicles. (13) Vending units and mobile food units that are parked or stationary shall have chocked wheels, or use other means to prevent movement of the units while vending. (14) In addition to the regulations specified in this section, vendors and mobile food vendors who obtain specific location licenses shall comply with the applicable special regulations related to sidewalk vending, street vending, park and beach vending contained in this article and Chapter 10 of this Code. Further vendors and mobile food vendors conducting vending on private premises or authorized street vending shall comply with the special regulations related to private premise vending and street vending contained in this article. (7) (8) (9) Sec. 38-18. — Mobile food vendors; special regulations Page 17 All mobile food vendors permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits: (1) Mobile food vendors shall comply with all of the rules and regulations listed in Section 38-17 of this Code, with the exception of hours of operation. (2) No mobile food vendor shall conduct his vending operation except between the hours of 6:00 a.m. and 3:00 a.m., unless otherwise specified in a location license, and no mobile food unit shall remain on the premises except during such periods of operation. (3) Mobile food units shall have a nonporous material placed underneath the mobile food unit. (4) Mobile food units shall be street -approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (5) Mobile food units shall not be operated on any residentially zoned property. (6) Vending to persons standing in the streets is prohibited. (7) Mobile food units must have "No Smoking" signs displayed at or near the order window or area and near the area where propane is used. (8) Mobile food units must be a minimum of twenty (20) feet away from any building, including overhangs, unless otherwise authorized. (9) The permittee is responsible for educating all employees and agents about proper fire safety associated with operating the mobile food vending unit. Sec. 38-197. - Sidewalk vendingers; location license required; special regulations) special event vending. (a) No location licenseperrit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend upon any public sidewalk in the city except as follows: (b) Vendors and mobile food vendors shall be permitted to operate on the Bayfront Seawall sidewalk or areas specified in a Pilot Program approved by the City Manager or designee, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article. (1) The director of parks and recreation may establish designated vendor and mobile food vendor sites on the Bayfront Seawall sidewalk, taking into account the following factors: a. Primary use and users of the particular location. b. Pedestrian and vehicle traffic flows and congestion. c. Parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities. Page 18 e. Sidewalk width which ensures compliance with the Americans with Disabilities Act, as amended. (2) The designated vendor and mobile food vendor sites shall be assigned after application, payment of a fee, and demonstration that the vendor or mobile food vendor has been issued a permit under this article to operate in the City and a health permit if applicable. Vendor and mobile food vendor sites may not be "reserved" in advance of location license issuance. No vendor or mobile food vendor assigned to a designated vendor or mobile food vendor site shall vend in or at any other Bayfront Seawall sidewalk location except the assigned site, unless authorized by the City Manager or designee by license or otherwise permitted under this article. (3) No vendor or mobile food vendor shall conduct his vending operation except between the hours of 7:00 a.m. and 12:00 midnight, unless otherwise specified in a location license, and no vending unit shall remain on the premises except during such period of operations. 4) Designated vendor and mobile food vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (54 -)The maximum size of vending units and mobile food units shall be determined by location and -tears in-�nidth.The requested vending location must allow for five (5) feet of unobstructed pedestrian access, excluding the vending operating area. (62)Vendors shall confine their vending units and activities on the seawall sidewalk to the area immediately adjacent to the waterside seawall curb (the side of the unit nearest such curb shall be kept within two (2) feet of such curb). Venom -is (73)Mobile push cart vending units shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. (84)No type of vendor or mobile food vendor service vehicle shall be parked along Shoreline Boulevard next to the seawall except for the time necessary to load or unload inventory, a mobile food unit, er-a vending unit or if permitted in an authorized zone. (96)Vending is prohibited within seventy-five (75) feet of another vendor, within three hundred (300) feet of any permanent contractual concession; within twenty-five (25) feet of any street intersection; within three hundred (300) feet of the designated grounds of an authorized community festival event or permitted special event, and within fifty (50) feet of any building entrance. (106) No vendor or mobile food vendor shall cause any obstruction to the smooth flow of pedestrian or vehicular traffic and vendors shall yield the right-of-way to other traffic of any type. Page 19 (117) Rental of motorized transport for use on the Bayfront Seawall sidewalk is prohibited. (128) Motorized vending units are prohibited. (139) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. (14) Distribution of commercial printed matter , .' _ _ - _ _ • - _ _ - _ parapheaaalia is prohibited. (15Q) No vendor shall vend to persons in vehicles. (16) The vendor or mobile food vendor shall be responsible for all maintenance of the permitted area and shall reimburse the City for all repairs caused by damage to the sidewalk or adjacent right-of-way by the permitted use. (17)The following types of vending activities may be permitted at the designated vending sites: a. Food and beverage sales. b. Sales and rentals which promote tourism/leisure activities as approved by the director of parks and recreation. c. Frozen dessert push cart vendors. In addition, frozen dessert push cart vendors shall operate only between the hours of 7:00 a.m. and midnight. The maximum size of push carts shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four (4) feet in width. Push carts shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. Distribution of commercial printed matter, or other advertising paraphernalia is prohibited. Push cart vendors shall obtain vending permits, health permits, and food handler permits. (c) RaadeSpecial event vending. Vendors and mobile food vendors participating in organized community and festival events or parades held by authority of agreements or special permits issued by the city council or held upon public premises or in or upon public parks or beaches under the auspices or sponsorship or within the regular administration of the parks and recreation department of the city shall obtain the permit required by this chapter. However, vendors and mobile food vendors will be required to adhere to any special requirements of the special event permit which may vary from the requirements of this chapter. (By way of example and not limitation: Buccaneer Days, Texas Jazz Festival, and Beach to Bay.) Sec. 38-2048. - Street vendingeFs; special regulations. No permit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend upon or from any public street, alley or roadway except subject to the following restrictions and regulations and Page 20 in areas specified in a Pilot Program approved by the City Manager or designee, in addition to other conditions imposed upon vendors and mobile food vendors by this article: (1) Vending units and mobile food units shall be street -approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (2) No mobile vending shall be conducted by a mobile food unit except upon residential streets as designated in the Corpus Christi Urban Transportation Plan and located in residential zones under the provisions of the Corpus Christi Zoning Ordinance (3) Mobile Vendingfood -units must remain mobile except to stop and vend. Vending from a moving vehicle is prohibited. (4) Vending within five hundred (500) feet of the grounds of any school, public or private, when the school is in session and for one-half hour prior to the start and one-half hour after the close of any session is prohibited. (5) Vending within five hundred (500) feet of any hospital is prohibited. (6) No vendor, mobile food vendor, mobile vending unit or vending unit shall restrict, obstruct or interfere with the access of any person to or from a private driveway or in any way create an obstruction to adequate access to property. Vending shall be conducted only during daylight hours, unless otherwise specified in a location license. No vendor or mobile food vendor shall vend or stop, stand or park his vehicle within seventy-five (75) feet of any street intersection. Vending units and mobile food units shall be stopped immediately adjacent (within eighteen (18) inches) to curbs or street edges for conducting business. Double parking is prohibited. (10)VendingMobile food units shall be equipped with a caution sign that can be extended horizontally from the left side of the vehicle with letters not less than six (6) inches in height spelling out the word CAUTION or SLOW and shall be further equipped with caution signs on the front and back alerting oncoming motorists that children may be crossing near the vehicle. The extendable caution arm must be extended whenever the unit is stopped for vending. All equipment installed in or on any vending vehicle shall be secured so as to prevent movement during transit and detachment in the event of a collision or sudden movement or stop. Loose utensils shall be securely stored whenever the vehicle is moving. (11) No vendor or mobile food vendor shall use any outcry, sound amplification device or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending, nor shall any outcry, sound (7) (8) (9) Page 21 amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. (12)Vending vehicles shall not exceed fifteen (15) miles per hour in residential areas while engaged in seeking customers. (13)Vending to persons standing in the streets is prohibited. (14)VendersMobile food vendors shall yield the right-of-way to all other types of traffic. (15)Frozen dessert push cart vendors are permitted to operate on public streets in residential areas subject to the requirements of article I, chapter 38 of the Code of Ordinances, including the other requirements specified in this section. In addition, frozen dessert push cart vendors shall operate only between the hours of 10:00 a.m. and sunset. The maximum size of push carts shall be three (3) feet in width by four (4) feet in length, excluding movable parts and pushbars. Overall size shall not exceed six (6) feet in length nor four (4) feet in width. Push carts shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs. Distribution of commercial handbills, circulars or other advertising paraphernalia is prohibited. Push cart vendors shall obtain vending permits, health permits, and food handler permits. Sec. 38-2149. - Park and beach vendinj efs—Special regulations. (a) Gulf of Mexico beach vendors and mobile food vendors are subject to the requirements of article VI, chapter 10, and the sections of this article, except section 38-19. (b) No location licenseit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend in or upon any public park or beach along Corpus Christi Bay, Nueces Bay, or the Laguna Madre (hereinafter, for the purposes of this section, "bayfront beach" or "bayfront beaches") or from or upon other public grounds in the city except as follows: Vendors and mobile food vendors shall be permitted to operate in or upon public parks and beaches in the city, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article: (1) The director of parks and recreation may establish designated vendor and mobile food vendor sites for public parks and beaches within the city, taking into account the following factors: a. Primary use and users of the particular park or beach. b. Pedestrian and vehicle traffic flows and congestion. c. Parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities. Page 22 (2) The designated vendor and mobile food vendor sites shall be assigned after application approval, payment of a fee, and demonstration that the vendor or mobile food vendorin conjunction with- ho issuance of 0nyhas been issued a vendor permit under this article to operate in the City and a health permit if applicable. . Vendor and mobile food vendor sites may not be "reserved" in advance of location permit issuance. No vendor or mobile food vendor assigned to a designated vendor or mobile food vendor site shall vend in or at any other location within the park or beach area except the assigned site. Designated vendor and mobile food vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (3) (4) Vending units and Mmobile Yendingfood units shall be stationary and have chocked wheels, if necessary, to prevent movement of the units while vending. (5) No mobile vending unit or mobile food unit shall stop to vend in or otherwise obstruct the traveled portion of any public beach, which portion shall for purposes of this section be deemed a street. (6) Vending mg Gulf of Mexico beaches shall be governed by the provisions of chapter 10 of the Code of Ordinances. Sec. 38-229. - Private premises vendij ers; special regulations. No permit shall be issued to any vendor or mobile food vendor to operate his business and no vendor or mobile food vendor shall vend from or upon any private premises except subject to the following restrictions and regulations in addition to other conditions imposed upon vendors and mobile food vendors by this article: (12)Vendors and mobile food vendors are prohibited exsept—in established single family residential zones, unless authorized by the City Manager or designeeareas (22)Prior to the issuance or renewal of a permit under this article, a swom affidavit of the owner of the premises proposed to be used by the vendor or mobile food vendor authorizing such use by the vendor or mobile food vendor, must be filed with the permit u seFCity Manager or designee. Page 23 (35)Vending units and mobile food units shall be set back from all street-front property lines and from all rights-of-way by a minimum of twenty (20) feet. (46)Vending units shall be a maximum of ten (10) feet by twenty (20) feet, unless otherwise approved by the City Manager or designee. (57)Restroom facilities which the vendor has written permission to use must be available on the premises to be occupied by the vendor or within three hundred (300) feet of the vending unit. (6) Vending units and mobile food units may not park or otherwise obstruct disabled parking spaces or access areas for disabled and pedestrians. (7) Vending units and mobile food units may not be located on a vacant lot. (8) Vending units and mobile food units must be parked on an improved surface. (9) If vending is secondary to a primary activity on the private premise then no more than two 2 vending units or mobile food units may be located on the same private premise. Sec. 38-234. - Special contract vends efs & Pilot Program. Vending units, mobile food units or operations which are oversized, nonconforming or at variance with the particular provisions of any of the general or specific regulations herein applicable to vending units, mobile food units, mobile food vendors or vendors may be permitted by special contract subject to the approval of and such terms and conditions as may be imposed by the parks and recreation directorbeard in the case of vendors or mobile food vendors in or upon public parks, er beaches or the Bayfront Seawall sidewalk, the City Traffic Engineer mamma-beard in the case of vendors and mobile food vendors in or upon t# sidewalks and other public rights-of-way or thy, marina, or the city manager or designeeseeacif in all other cases: Further, the city manager or designee may authorize pilot programs for vending in locations where vending is not authorized by this article. Sec. 38-243. - Duty of police to enforce. The Police Department and Code Enforcement Officials of the City of Corpus Christi, Texas, wilito examine all places of business and persons subject to the provisions of this article, to determine if this article has been and is being complied with and te-enforce the provisions of this article against any person found to be violating the same. Sec. 38-254. - Violations. (a) Violation of any provision of this article shall constitute a class C misdemeanor. Each violation of a separate provision and each day that a violation continues shall be a separate offense. (b) Conviction of an offense under this article shall be punishable by a fine of not less than fifty dollars ($50.00), nor more than the maximum amount established by law, for each violation. Page 24 Secs. 38-265-38-39. - Reserved. SECTION 2: The Corpus Christi Code, Chapter 10, Article VI , Section 10-68 entitled "Gulf of Mexico beach vendors—Special regulations," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 10-68. - Gulf of Mexico beach vendingers—Special regulations. (a) No permitiocation license may be issued to any vendor or mobile food vendor to operate the vendor's business, and no vendor or mobile food vendor may vend, on any beach within the city along the Gulf of Mexico shoreline or eein front of the seawall except under the special regulations in this section. (b) Vendors and mobile food vendors shall be permitted to operate upon the Gulf beaches in the city or in front ofen the seawall fronting on the Gulf of Mexico, subject to the following restrictions and regulations: (1) The director of parks and recreation may establish designated fixed vending ersites on Gulf beaches within the city and in front ofupee the seawall fronting on the Gulf of Mexico, taking into account the following factors: a. Primary historical use of the beach and the individuals who normally use the beach at the specific location. b. Pedestrian and vehicle traffic flows and congestion. c. Availability of parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities in the immediate vicinity. (2) The designated fixed vendigeF-sites may be assigned ' after alication a royal a ment of a fee. and demonstration that a permit to operate in this City has been issued, under -article I of chapter 38, as well as a health permit, if applicable. a. Vendor and mobile food vendor sites may not be "reserved" in advance of permit issuance. b. No vendor or mobile food vendor assigned to a designated fixed vendinger site may vend in or at any other location on the Gulf beach or seawall, unless the vendor or mobile food vendor has a permit location license for the additional fixed vending site. (3) Designated fixed vendi,'.nger—_sites may be limited in size and number in accordance with the considerations established in subsection (1) of this section. (4) Vendor and mobile food vendor location licenses permits for vending sites located within any area that has been leased by the city from the State of Texas require the approval of the Texas General Land Office. Page 25 (5) An applicant for a vendor permit for vending sites located on portions of the Gulf beaches, other than an area that is owned or leased by the city, where the littoral owner has a property interest in the beach, must submit proof that the littoral owner has authorized the use of their portion of the public beach for the vendor's proposed commercial activity. (6) The director of parks and recreation may adjust per-mitlocation license lengths and temporarily relocate designated fixed vendinci ei-sites on Gulf beaches as necessary during construction work related to the North Padre Island Storm Damage Reduction and Environmental Enhancement Project and during any beach nourishment operations. (7) The director of parks and recreation may temporarily relocate designated -fixed vendinj &_sites on Gulf beaches as necessary during beach festivals, if the designated fixed vendinj of sites will interfere with the routing or control of vehicle traffic. (8) The following types of vending activities may be permitted at the designated fixed vending sites: a. Bait and tackle sales. b. Food and beverage sales. c. Sale or rental of beach amenities, such as suntan lotion, towels, t -shirts, children's beach toys, umbrellas, beach chairs, and surfboards. d. Vessel rentals. Vendors and mobile food vendors may not in any manner restrict the public from free access to and use of the public beach and to the waters of the Gulf of Mexico, as required by the Texas Open Beaches Act. While a vendor or mobile food vendor has the exclusive right to conduct business at a designated fixed vending site, the vendor or mobile food vendor must recognize and not interfere with the rights of beach users to bring to and use their own personal property and equipment on the public beach, including, but not limited to, umbrellas and chairs, regardless of whether the personal property or equipment consists of items sold or rented by the vendor or mobile food vendor. (10)Notwithstanding subsection (9) of this section, a vendor who has a location licensepermit to lease vessels, including personal watercraft, sailboats, windsurf boards, and kite sail boards, at a designated vessel launching and recovery site shall: a. Clearly mark the boundary of the vessel launching and recovery area with flags on the shoreline and buoys in the water. b. Place the last set of buoys beyond the outermost breaking waves and use a buoy color that contrasts with other buoys used to mark the area. c. Instruct any person who rents a vessel from the vendor on the proper procedures to use when leaving and returning from the beach. (9) Page 26 d. Instruct any person who rents a vessel from the vendor on the regulations in section 10-66. (11)Vendors, who lease vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by other vessel owners and operators. While a vendor has the exclusive right to lease vessels at a vessel launching and recovery site, the vendor must recognize and not interfere with the rights of other vessels owners and operators to launch and recover vessels at the site. (12)Except when a vessel is leaving or retuming to the beach, a vendor, who leases vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by swimmers or others using the public beach. The vendor may direct individuals who are in the water within the vessel launching and recovery site to leave the site when a vessel is leaving or returning to the beach. (13)Vendors and mobile food vendors may not service or fuel vehicles or vessels on the beach or in the Gulf waters, unless the vendor has a vehicle or vessel servicing plan that is approved by the director, parks and recreation, that will ensure that no fuels or lubricants will be spilled on the sand or Gulf waters. (14)No fixcd cite vendor, mobile food vendor, vending unit or mobile food unit shall restrict, obstruct, or interfere with vehicles operating on a Gulf beach. (15)No vendor, mobile food vendor, of vending unit, or mobile food unit shall stop to vend or otherwise obstruct the roadway portion of the beach, which portion shall for purposes of this section be deemed a street. (16)Fixed site vendors, mobile food vendors, mobile food units and vending units must be at least ten (10) feet from the roadway portion of the beach while conducting business. (17)Vendors and mobile food vendors may only vend from sunrise to sunset. (18)Vendors and mobile food vendors must remove all equipment, vehicles, and temporary structures from the beach at the end of each business day. (19)Vendors and mobile food vendors must remove or relocate their equipment, vehicles, and temporary structures upon request and may not interfere otherwise with beach cleaning operations. (20) No mobile vendor shall use any outcry, sound amplification device, or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending nor shall any outcry, sound amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. (21) Vending units and mobile food units shall be stationary and have chocked wheels, if necessary, to prevent movement of the units while vending. (229) Vendors and mobile food vendors must take the following actions to control litter that may be created from their operations including the following: Page 27 a. The vendor and mobile food vendor shall provide at least one trash receptacle at the designated fixed vending site, which must be removed from the beach by the vendor or mobile food vendor within thirty (30) minutes after the vendor or mobile food vendor has ceased vending activities at the end of each business day. b. The vendor or mobile food vendor shall clean the designated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle that is removed from the beach within thirty (30) minutes after the vendor has ceased vending activities at the end of each business day. c. The vendor or mobile food vendor shall clean the designated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle at least every two hours during the business day. d. It is the duty of the vendor or mobile food vendor to prevent any litter on the designated fixed vending site and to keep litter from being blown upon or being permitted to come to rest upon other parts of the beach or any private property in the city. e. Any material that is illegally dumped next to the vendor's or mobile food vendor's trash receptacles must be removed from the beach by the vendor or mobile food vendor. f. All litter and other waste collected by the vendor or mobile food vendor or placed in the vendor's or mobile food vendor's trash receptacles must be properly disposed of. When notified by a city code enforcement official that the overflows from any trash receptacle presents a health or safety hazard, the vendor or mobile food vendor shall immediately clean up the location, install additional trash receptacles, or arrange for more frequent removal of wastes from the beach. g. public -beaches. Page 28 ve -fiol-e-is-moving.. b. Food and beverage sales. Page 29 (cd) In addition to the restrictions and regulations in this section, vendors and mobile food vendors must comply with any additional rules and restrictions imposed upon vendors and mobile food vendors by article 1 of chapter 38. 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. 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 upon publication. Page 30 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 31 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd@cctexas.com (361) 826-1909 E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of Seven 2017 Ford F-150 Trucks for Parks and Recreation Department CAPTION: Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. PURPOSE: This item is to approve the purchase of seven 2017 Ford F-150 trucks to be used by park operations staff in the Parks and Recreation Department. BACKGROUND AND FINDINGS: The vehicles will be used by the Parks and Recreation Department to conduct daily duties which include providing sanitation services, special event set-up, code enforcement and maintenance throughout the City at park locations. Five of the vehicles are replacements for units that have reached the end of their service life. This item also includes two additions to the fleet, these two vehicles will be used for the daily duties to maintain North Beach and Gulf Beaches. Five of the vehicles are budgeted for replacement in the FY2016-17 operating budget and the two trucks being added to the fleet are funded through the State Hotel Occupancy Tax (SHOT). ALTERNATIVES: No alternatives 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 and Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $3,750,185.99 $0.00 $3,750,185.99 Encumbered / Expended Amount $1,635,694.07 $1,635,694.07 This item $165,448.10 $0.00 $165,448.10 BALANCE $1,949,043.82 $0.00 $1,949,043.82 Fund(s): Fleet Maintenance Services and State HOT Beach Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Ordinance appropriating $108,061.50 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $108,061.50; authorizing the City Manager or designee to execute all necessary documents to purchase a total of seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $108,061.50 are appropriated from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of five 2017 Ford F-150 trucks. The FY2016- 17 operating budget adopted by Ordinance No. 030965 is amended to increase expenditures by $108,061.50. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to purchase seven 2017 Ford F-150 trucks for $165,448.10 from Rush Truck Center, of New Braunfels, through the Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park and beach operations. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED this day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET FORD F-150 TRUCKS FOR PARKS AND RECREATION TLGPC 521-16 ITEM DESCRIPTION QTY. UNIT Silsbee Ford Silsbee, Texas UNIT PRICE EXTENDED PRICE 1. 2017 Ford F-150 Regular Cab 3 EA $19,705.30 $59,115.90 2. 2017 Ford F-150 Crew Cab 1 EA $26,182.30 $26,182.30 3. 2017 Ford F-150 Extended Cab 1 EA $21,100.30 $21,100.30 4. 2017 Ford F-150 Crew Cab Long Bed 1 EA $25,290.30 $25,290.30 5. 2017 Ford F-150 4X4 Crew Cab Long Bed 1 EA $29,782.30 $29,782.30 6. Delivery Charge 7 EA $511.00 $3,577.00 7. BuyBoard Fee 1 EA $400.00 $400.00 Purchase Cost: $165,448.10 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 11, 2017 Second Reading Item for the City Council Meeting of July 18, 2017 DATE: June 27, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 SQH Sports & Entertainment Agreement for Extension of Performance Milestones CAPTION: Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex. PURPOSE: To execute an Agreement to extend the dates for the performance milestones in the Lease Agreement to allow sufficient time to complete all requirements on the Agreement, including utility development. BACKGROUND AND FINDINGS: The Parks and Recreation Department has been working with SQH Sports and Entertainment, Inc. since January 2015 for the construction and operation of a regional youth sports complex on approximately 68 acres of city property located near the JC Elliot Landfill on Highway 286. The agreement was executed October 18, 2016 to be effective December 18, 2016. The complex will focus on hosting national and regional youth sports tournaments providing support to the local tourism and economic development industries. The original agreement includes Performance Milestones and timelines for SQH to meet during the course of development of the property. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six (6) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within thirteen (13) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within fourteen (14) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within twenty-seven (27) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within twenty-nine (29) months from the Effective Date. The extension agreement provides for the completion of the following Performance Milestones by the dates shown below, with all dates running from the effective date of the original agreement. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH or an affiliate of SQH by third party owner within eighteen (18) months from the Effective Date. 8.1.2.8. Within eighteen (18) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements within twenty-one (21) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within twenty-five (25) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within twenty-six (26) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within thirty-nine (39) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within Forty-one (41) months from the Effective Date. The London Area Wastewater Master Plan was adopted April 11, 2017. Discussions with City staff are ongoing to come to a solution for wastewater at the new sports complex. ALTERNATIVES: 1. Approve or deny 2. SQH to consider different wastewater options OTHER CONSIDERATIONS: 1. Stand alone 2. Multi -development 3. No Sports Complex CONFORMITY TO CITY POLICY: Agreements must be approved by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, Finance FINANCIAL IMPACT: Cost and reimbursement from City are part of the negotiations ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: None RECOMMENDATION: Extend agreement for twelve months to allow City and SQH to come to a conclusion for moving the sports complex development forward. LIST OF SUPPORTING DOCUMENTS: Agreement Ordinance Ordinance authorizing the City Manager or designee to execute an Agreement with SQH Sports & Entertainment, Inc. to extend Performance Milestones in the Lease Agreement for the Regional Youth Sports Complex Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or her designee is authorized to execute an Agreement with SQH Sports & Entertainment, Inc. to extend performance milestones in the Lease Agreement approved on October 18, 2016 for the Regional Youth Sports Complex. A copy of the Agreement is on file in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGREEMENT WITH SQH SPORTS & ENTERTAINMENT, INC. TO EXTEND PERFORMANCE MILESTONES Whereas, on October 18, 2016, the City of Corpus Christi ("the City") and SQH Sports & Entertainment, Inc., ("SQH") entered into a Ground Lease (the "Lease") regarding an approximately 67.69 acre parcel of unimproved land located near State Highway 286 and FM 43 to be used by SQH for construction of a regional youth sports complex; Whereas, the Effective Date of the Lease was defined to be the sixty-first day after final approval by the Corpus Christi City Council, or December 18, 2016; Whereas, Section 8.1.2 of the Lease provided the following Performance Milestones: 8.1.2. Performance Milestones — Tenant (SQH) agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within 13 months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within 14 months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within 27 months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within 29 months from the Effective Date. 2 Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party." Whereas, Section 5.1 of the Lease provides the following regarding utilities: "5.1. Utilities. During the Term Tenant will make all arrangements for obtaining service contracts and shall pay for all utilities (including without limitation electricity, water, gas, sewer and telephone service) and services furnished to, or to be used on, the Premises and/or in connection with the Improvements, and for all service commencement charges and meter reading fees. Such charges and expenses shall be paid by Tenant promptly and without delinquency directly to the utility companies or other entities to which such charges and fees are payable. Tenant shall comply with the Landlord's water conservation measures which are enacted pursuant to City ordinance. All utilities installed by Tenant must be done in compliance with all applicable City Codes and regulations including but not limited to the requirement at Unified Development Code Sections 8.5.2.F which provides that when property requesting wastewater service is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property prior to wastewater service being made available. In addition, reimbursement for a lift station installed by Tenant or any other developer shall only be made upon compliance with the Unified Development Code, which requires prior City Council approval of a separate reimbursement agreement prior to start of construction. Finally, per the Unified Development Code, the Tenant's or any other developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has been approved by the City Council. Whereas, the parties have been working towards accomplishing the performance milestones and now desire to amend the Lease to extend the Performance Milestones to allow the project to continue to successful completion by execution of this Agreement to Extend Performance Milestones, (the "Agreement"); NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 8.1. of the Lease is amended to extend the performance milestones by up to an additional twelve months, as follows: "8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall 3 not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH or an affiliate of SQH by third party owner within eighteen (18) months from the Effective Date. "Affiliate of SQH" means an entity who controls, is controlled by, or is under common control with SQH. 8.1.2.B. Within eighteen (18) months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within twenty-one (21) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within twenty-five (25) months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within twenty-six (26) months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within thirty-nine (39) months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within forty- one (41) months from the Effective Date. Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within eighteen (18) months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party." 2. Cancellation of Coastal Bend Community Foundation Tracts Purchase. If, within a reasonable time after the execution of this Agreement, before the Performance Milestone deadline of Section 8.1.2.A. of the Lease, SQH deems that the purchase of the Coastal Bend Community Foundation Tracts has become commercially unreasonable or impossible, SQH shall report such decision to the City in writing, and the Performance Milestone of Section 8.1.2.A of the Lease shall be automatically cancelled and removed from the Lease. 3. Disclosure of Interests. SQH agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. SQH agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas 4 Ethics Commission website at https://www.ethics.state.tx.us. Lessee 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. 4. This Agreement to extend the Performance Milestones takes effect upon signature by the City Manager or designee, after City Council approval. All other terms and conditions of the Lease remain in effect except as modified by this Agreement. AGREED TO BY: SQH By: Name: Title: Date: 5 CITY OF CORPUS CHRISTI By: Margie C. Rose City Manager Attest: By: Rebecca Huerta City Secretary APPROVED AS TO FORM: This day of , 2017. By: Lisa Aguilar, Assistant City Attorney For the City Attorney AGENDA MEMORANDUM First Reading Item (tabled) for the City Council Meeting of June 20, 2017 First Reading Item for the City Council Meeting of July 11, 2017 Second Reading Item for the City Council Meeting of July 18, 2017 DATE: TO: June 13, 2017 Margie C. Rose, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director Parks & Recreation jayell@cctexas.com (361) 826-3476 Transfer Type A funds for The Water's Edge Parking Lot and Marina Breakwater at McGee Beach CAPTION: Ordinance authorizing the City Manager or designee to transfer and appropriate $1,010,826 from No. 1120 Seawall Improvement Fund into the No. 3271 Seawall Capital Fund; changing the FY 2017 Operating Budget by increasing expenditures and changing the FY 2017 Capital Budget by increasing revenues and expenditures by $1,010,826 each. PURPOSE: This is a financial item to complete the transfer of funds requested by the Corpus Christi Business and Job Development (Type A) Board for additional improvements to the Water's Edge Park. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project (the Water's Edge Park) was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. Improvements to the parking lot at the old Memorial Coliseum site were not included. There was a budget allowance for pier improvements at McGee but it allowed for a very limited scope of work. On February 20, 2017, the Type A Board approved the appropriation of $424,500 in Seawall Improvement funds to improve the parking lot at the old Memorial Coliseum site. This project was requested by the area stakeholders to improve site access and create additional programable event space. Work includes reconstruction of the parking lot, adjacent curbs and gutters, and lighting. If Council approves the transfer of funds, work will be executed by Grace Paving through the City's IDIQ Contract for minor street work. There are improvements to the McGee Beach Breakwater currently in the approved FY 2016-17 Capital Improvement Program (CIP). The total program was shown as a $3.5 million effort with $500,000 in the current fiscal year. The Type A Board approved expanding the scope of work for the Bayshore Park project to include additional improvements contemplated under the CIP project. Leveraging the Bayshore Park funds with the Seawall CIP funds would provide synergy and efficiencies. On May 15, 2017, the Type A Board approved and appropriated an additional $86,326 of Type A proceeds, as well as, the $500,000 currently identified in the CIP to fund the proposed scope of additional improvements to the McGee Beach Breakwater Pier and walkway. The additional improvements will provide a more robust pier, including a shade structure, better aesthetics and a new elevated walkway that provides better access to the breakwater cap. This work will be accomplished via a change order to the Bayshore Park Improvements design -build contract. Additional improvements to the McGee Beach breakwater and breakwater cap are programmed in the CIP. ALTERNATIVES: Do not transfer the funds or approve the change orders. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding transfer of Type A funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget $500,000 $500,000 Transfers — Parking Lot (This Item) 424,500 424,500 Transfers — Additional Pier Imps (This Item) 86,326 86,326 Revised Budget $1,010,826 $1,010,826 Fund(s): Type A Seawall Comments: N/A RECOMMENDATION: Approval of the appropriation and transfer and appropriation of Type A funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TRANSFER AND APPROPRIATE $1,010,826 FROM NO. 1120 SEAWALL IMPROVEMENT FUND INTO THE NO. 3271 SEAWALL CAPITAL FUND; CHANGING THE FY 2017 OPERATING BUDGET AND FY 2017 CAPITAL BUDGET TO INCREASE REVENUES AND EXPENDITURES BY $1,010,826 EACH. BE IT WHEREAS, the Bayshore Park Improvement Project (Bond 2008) was approved by voters in November 2008; WHEREAS, a Design -Build contract was awarded to Fulton Coastcon in 2016 with a defined conceptual scope to be refined with stakeholder input and constructed within a set budget; WHEREAS, the contract scope did not include improvements to the parking lot at the old Memorial Coliseum site; WHEREAS, on February 20, 2017, the Corpus Christi Business and Job Development Corporation approved the appropriation of Type A funds in the amount of $424,500 for improvements to the parking lot at the old Memorial Coliseum site to enhance continuity with the Seawall and create additional programmable event space. The parking lot improvements will be performed under the City's IDIQ contract for minor street work; WHEREAS, on May 15, 2017, the Corpus Christi Business and Job Development Board approved the appropriation of Type A funds in the amount of $86,326 for construction of the Marina Breakwater Pier Improvements. The $86,326 will be added to the approved 2017 Capital Improvement Budget of $500,000 in Type A funds for the improvements; WHEREAS, the City's financial management process requires funds to be appropriated and transferred from a City of Corpus Christi operational account to and appropriated into a capital expenditure account prior to expenditures of Type A Board monies. ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $424,500 from the No. 1120 Seawall Improvement Fund is transferred to and appropriated into the No. 3271 Seawall Capital Fund Project E17045 for the Water's Edge Park Parking Lot project; SECTION 2. An amount of $586,326 from the No 1120 Seawall Improvement Fund is transferred to and appropriated into the No 3271 Seawall Capital Fund Project E16318 for the Marina Breakwater at McGee Beach project. SECTION 3. The FY 2017 Operational Budget adopted by Ordinance No. 030965 is changed to increase expenditure in the amount of $1,010,826. SECTION 4. The FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 is changed to increase revenues and expenditure in the amount of $1,010,826. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CORPUS CHRISTI PARKS& RLC?LAT'ION The Water's Edge Background, Seawall Fund and Next Steps Council Presentation July 11, 2017 Today's Discussion �hrsti Engineering 1) The Water's Edge History 2) Old Shoreline Improvements 3) Parking Lot & Seawall Fund 4) Next Steps 2 Project Vicinity �hrsti Engineering The Water's Edge Park History �hrsti Engineering Shoreline Realignment Bond 2008 $13 Million Shoreline Project Cost $7.02 Million Remaining Funds $5.08 Million Change Orders • None to Date • Proposed: $712,326 Dog Park, Structural Pier Improvements 4 The Water's Edge Stakeholders Corpus Ch r sti Engineering 'K rtdillfznerliA Ferwrv, 1311111C MPH CHRISTI DOWNTOWN MANAGEMENT DISTRICT CORPUS CHRISTI CHRIST CONVENTION, VISITORS BUREAU CORPUS CHRISTI PARKS& RECREATION The Water's Edge Park History �hrsti Engineering Original Contract - Design Build 55.08 Million • Iconic Signage • McCaughn Park Improvements • Shoreline Boulevard Improvements • Pier Improvements • Special Event Space Improvements • Sherrill Park Improvements Note: Contractor proposed add alternate for parking lot. This was not requested or approved with the original design build contract. NEW BAYSHORE PARK - CITY OF CORPUS CHRISTI M.PLIGHAN PARK NRN PLR/GROW. RD. 01:11lm RAC L TIES Eowa. avaWO: _ SI th&R .01,0E0 PLAZARELOgMED PAR CONTROL M FoEm-MMA LEVEM SM. PI IMPRDV OT OECK 7 PEOMTRIANAR MO /RUC GIG NAC ARCHITECTS FultOP QJastcon Genera Conn -mots NORTH a PL,RE FAIL USS CORPUS C -Jr The Water's Edge Park History �hrsti Engineering This change order will provide for enhancements to the Bayshore Park Improvements projects: • New dog park ($126,000) • McGee Beach pier structural improvements ($586,326) Additionally, the Type A Board approved funding for an eligible project that renovates the Old City Hall and Memorial Coliseum Parking Lot. • Parking Lot Resurfacing ($424,500) Location of Landscape Improvements on Old Shoreline �hrsti Engineering Per Current City Council's Recent Direction, Two Travel Lanes Remain Intact 9 Location of Landscape Improvements on Old Shoreline 0 �hrsti Engineering 10 Location of Landscape Improvements on Old Shoreline 0 �hrsti Engineering 11 Location of Landscape Improvements on Old Shoreline 11 �hrsti Engineering Old Memorial Coliseum Parking Lot Corpus Chr sti Engineering ) • Not Included in Original Design -Build Contract. • Stakeholders requested Type A Funding, parking lot • Condition was not acceptable for events held at location • Legal found it was eligible. • Type A Board Approved. Old Memorial Coliseum Parking Lot 111 �hrsti Engineering Original Lot (Left) Newly Resurfaced (Above) Seawall Fund - Type A Use �hrsti Engineering • Sales Tax has exceeded the bond. • Spent • Current Balance • Annual Revenue: • Expires in 2026 • Projected Revenues Through 2026 $49 million $42 million $6 million $60 million • Flood Mitigation —10 Year Outlook in Seawall CIP MkProject Name 250.0 5,000.0 250.0 1,500.0 1,000.0 2,000.0 500.0 5,000.0 2,000.0 200.0 1,000.0 Seawall Fund - 10 Year Outlook as of June 2016 Corpus Chr sti Engineering FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 1 Recurring Seawall Maintenance 200.0 500.0 1,000.0 200.0 1,000.0 200.0 1,000.0 200.0 1,000.0 200.0 2 Barge Dock Improvements 500.0 100.0 1,000.0 3 USACE Bulkhead Repairs 500.0 5,000.0 5,000.0 4 5 6 7 8 9 10 Salt Flats Levee Improvements Repair Marina Breakwater at McGee Beach New McGee Beach Breakwater Sunfish Island and Breakwater Marina Breakwater Improvements McGee Beach Nourishment/Boat Basin Dredging Science & History Museum Flood Wall 11 Kinney & Power St Pump Station Improvements Estimated Expenditures Per Year 3W0 11,500.0 4,500.0 5,200.0 6,000.0 450.0 6,350.0 3,7n3—�70t.0 , Note: All dollar figures are in thousands, I.E. "3,400.0" in the table above represents $3,400,000. 1,000.0 2,000.0 500.0 3,000.0 200.0 1,000.0 500.0 3,000.0 500.0 2,000.0 3,000.0 16 Beginning Balance $39,053,668 $41,653,668 $36,153,668 $37,653,668 $38,453,668 $38,453,668 $44,003,668 $43,653,668 $45,953,668 $48,253,668 Expenditure - $(3,400,000) $(11,500,000) $(4,500,000) $(5,200,000) $(6,000,000) $(450,000) $(6,350,000) $(3,700,000) $(3,700,000) $(8,200,000) Revenue + $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 Ending Balance = $41,653,668 $36,153,668 $37,653,668 $38,453,668 $38,453,668 $44,003,668 $43,653,668 $45,953,668 $48,253,668 $46,053,668 Beginning Balance $39,053,668 $39,653,668 $32,153,668 $31,653,668 $30,453,668 $28,453,668 $32,003,668 $29,653,668 $29,953,668 $30,253,668 Expenditure $(3,400,000) $(11,500,000) $(4,500,000) $(5,200,000) $(6,000,000) $(450,000) $(6,350,000) $(3,700,000) $(3,700,000) $(8,200,000) Revenue + $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000 Ending Balance = $39,653,668 $32,153,668 $31,653,668 $30,453,668 $28,453,668 $32,003,668 $29,653,668 $29,953,668 $30,253,668 $26,053,668 Seawall Fund - 10 Year Outlook 4_) Corpus Chr sti Engineering ICash Flow Model w/ $6,000,000 Annual Sales Tax Revenue FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Yea r1 Year2 Year3 Year4 Years Year6 Year7 Year8 Year9 Yea r10 Cash Flow Model w/ $4,000,000 Annual Sales Tax Revenue 17 Seawall Fund VS TIRZ #3 Fund �hrsti Engineering • Size represents current fund balance (shown to scale). • TIRZ #3 has $3.8 million, • $2.4 million is committed to tax producing projects • Seawall Fund has $39.4 million 18 Next Steps kz) Corpus Chr sti Engineering • Transfer $ 1,010,826 for Pier & Parking Lot from Type A (Item # 17-0769) • Change Order for Pier & Dog Park (Item # 17-0700) • Separate Contract for Parking Lot will be under IDIQ. (Administrative, IDIQ Approved by Council on 05/24/16) AGENDA MEMORANDUM Future Item (tabled) for the City Council Meeting of June 20, 2017 Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: TO: June 13, 2017 Margie C. Rose, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Change Order No. 1 Bayshore Park Improvement Project (Bond 2008) Marina Breakwater at McGee Beach (CIP) CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 1 with Fulton Coastcon of Corpus Christi, Texas in the amount of $712,326 for additional park improvements. (Bond 2008 and Capital Improvement Program) PURPOSE: The purpose of this item is executing a change order to the Bayshore Park Improvement contract. The additional scope includes work requested and funded by the Corpus Christi Business and Job Development Board (Type A) Board and the additional work for the dog park that is funded through private donations. BACKGROUND AND FINDINGS: The Bayshore Park Improvement Project was approved by City voters in November 2008. After completion of street re -alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design -build contract to Fulton Coastcon in the amount of $5.08 Million. The original contract scope included limited improvements for a dog park located in McCaughan Park and superficial pier improvements at McGee Beach. On April 25, 2017, City Council approved the acceptance and appropriation of private donations for the further development of the dog park. The $126,000 private donation will fund the portion of Change Order No. 1 that provides additional amenities to the dog park. On May 15, 2017, the Type A Board approved using $500,000 available in the approved FY '16-17 Seawall CIP plus an additional $86,326 of Type A proceeds for improvements to the McGee Beach Breakwater Pier. The additional improvements include a shade structure, structural repairs, landscape features, aesthetic improvements and a new walkway connected to the breakwater cap. A future Type A project (total budget $3 million) is programmed to make further improvements to the McGee Beach Breakwater including a new concrete breakwater cap. Change Order No. 1 contains the following proposed work items related to the Dog Park and McGee Beach Pier: Dog Park Improvements — Provides for additional improvements to the dog park at McCaughan Park for a total of $126,000. Work includes separate fenced areas for large and small dogs, crushed granite, a shade structure with benches, dog waste stations (2), pet fountains (2), grassy open areas (2) and additional landscaping. McGee Beach Pier Improvements — Provides for structural repair of the understructure of the concrete pier deck, new shade structure, electrical service extension to the breakwater structure, pier lighting, breakaway panels on the pier outer structure to slow sand migration, and a new concrete planter for landscaping adjacent to the pier in addition to the work programmed within the Bayshore Park project for a total amount of $586,326. Combining the scope from the approved CIP project with the Bayshore Park project enhances the overall Bayshore Park project, accelerates the needed improvements and reduces cost. The final breakwater cap improvements are programmed for inclusion in the FY '17-18 CIP. ALTERNATIVES: Do not approve the change order. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City policies regarding approval of change orders. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Current Year Future Years TOTALS Line Item Budget 5,300,000 712,326 $6,012,326 Encumbered and Expended Amounts 5,245,789 54,211 5,300,000 Change Order 1 Dog Park (This item) 126,000 126,000 Change Order 1 Pier Imps.(This Item) 586,326 586,326 BALANCE 54,211 -54,211 0 Fund(s): Community Enrichment, Type A Seawall, Bond 2008 Comments: N/A RECOMMENDATION: Authorize the execution of Change Order No. 1 in the amount of $712,326 to add work items related to the Dog Park and McGee Beach Pier improvements. LIST OF SUPPORTING DOCUMENTS: Budget Change Order Location Map Powerpoint Form 1295 PROJECT BUDGET ESTIMATE Bayshore Park Project June 14, 2017 FUNDS AVAILABLE: Bayfront Development Plan, Phase 3 (Bond 2008) $ 5,300,000 Type A Board Sales Tax Appropriation (Pier) 86,326 Public Health Safety CIP (Seawall Breakwater/Pier) 500,000 Private Donation (Dog Park) 126,000 Total $ 6,012,326 FUNDS REQUIRED: Construction: Design Build Services for Bayshore Park (Fulton Coastcon) $ 5,080,000 Change Order 1 - Dog Park Enhancements and Pier Improvements THIS ITEM 712,326 Reimbursements: Contract Administration (Eng. Admin/Finance/Capital Budget) 35,533 Engineering Services (Project Mgt, Design Review and Construction Inspection) 183,817 Misc 650 Total $ 6,012,326 Estimated Project Budget Balance $ 0 to- d1V 4.4711 CD z Texas State Aquarium Q IH -37 Corpus Christi 0 PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E15152 Bayshore Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CORPUS CHRISTI PARKS& FaLciAL"1 ON Bond 2008 - Proposition 7 Bayfront Master Plan Project Council Presentation June 20, 2017 Project Location IH 37 Corpus Christi • O� /?O BAYSHORE PARK] Spio �hrsti Engineering 2 Project Vicinity �hrsti Engineering Scope 0 �hrsti Engineering This change order will provide for enhancements to the Bayshore Park Improvements projects: New dog park ($126,000) ✓ Crushed granite ✓ Shade structure with benches ✓ Separation fencing for large and small dogs ✓ Dog waste stations (2) ✓ Pet fountains (2) ✓ Grassy areas (2) ✓ Additional landscaping McGee Beach pier improvements ($586,326) ✓ Understructure rehab of the concrete pier deck ✓ New shade structure ✓ Electrical service extension to the breakwater structure ✓ Breakaway panels to slow sand migration ✓ New concrete planter for landscaping ✓ Type A funds appropriation 4 Pier Scope �hrsti Engineering CITY OF CORPUS CHRISTI GO BAYSHORE PARK -PIER CANOPY PRELIMINARY DESIGN PERSPECTIVE VIEWS ® 002 5 Project Schedule �hrsti Engineering 2017 J F M A M J J Construction A S 0 N 6 City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 1 PROJECT: Bayshorc Park - Design Build CONTRACTOR: Fulton Construction, Coastcon ENGINEER: Fulton Construction, Common CHANGE ORDER DATE: 5/22/2017 PROJECT NUMBER: E15152 CON' RACTTIME: 350 CD Make the following additions, modifications ar deletions to the work described in the Contract Documents: 1 Parks and Rec Addition or Dog Park 2 Parks and Rec Structural Repairs to McGee Beach Pier Not in the Original Scope 3 Parks and Rec Additional Pier Lighting Not in the Original Scope 4 !kirk* and Rec Additional Landscaping Not in the Original Scope 5 Parks and Rec Additional Pier Shade Not in the Original Scope l LS @ S126,0004-5 5126,000 00 I IS @55116,000/13 S536,326 00 Net Total of This Change Order S 712,326.00 Why was this Change necessary: Doe Park: Additional funds from private organizations arc bcing used to expand the projccl scope to include a dog park. 5lrucluraI Work at McGee Bsacij Urvakwnter; There was a 5454,000 allowance in the original13ayshore Park design/build proposal Additional work al the McGee Beach breakwater pier structure was required to create a safc and useable structure. The Type A Board had previously approved a project to make improvements to the pier and breakwater cap. Type A agreed to supplement the Bayshore Park budget with additional Seawall CIP finds in order to accomplish the additional improvements to the McGee Beach Breakwater pier structure. How can similar changes be avoided in the future? Not applicable. The change order is being used as the most appropriate vehicle to accomplish the additional desired constriction work. The compensation agreed upon irr this Change Order is frill, complete and final payment for all costs the Contractor may Madras a result of or relathrgto this change whether said costs are known, unknown, foreseen ar unforeseen at this time, including without limitation, any cost far delay, extended overhead, ripple or impact cost, or any other effect an changed or unchanged work as a result of this Change Order. Original Contract Amount 5 Previously Approved Change Order Amount S Proposed Change Order Amount Revised Contract Antouni Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time 5,080,000.00 5 712.326.00 S 5,792,326.00 14.02% 350 CD 63 CD 413 CD Recommended by 0 RUCTIS ST N C.O ale Approved b FUE.TON cLTY OF CORPUS CHRISTI 5/24/17 Recommended tiy: Recommended 1*• Recommended by: Recommended by: sissy E mundc. P.P. Director of Engineering Services Eddie Houlihan, Director Management and Budget Date Janet Kellogg City Attorney Date ASTC.V Approved by: Approved by: Approved by: Date Valerie H. Gray, P.E. Date Executive Director of Public Works Mark Van Wick Date Assistant City Manager Margie C. Rose City Manager Date 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: 2017-213975 Date Filed: 05/2512017 Date Acknowledged: 1 Narne of business entity filing form, and the city, state and country of the business entity's place of business. Fulton Construction Corp. / Coastcon Corp. - A Joint Venture Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15152 Design Build Services for Bayshore Park, Change Order No. 1 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) _ Controlling Intermediary Skrobarczyk, Philip Corpus Christi, TX United States X Skrobarczyk, Jennifer Corpus Christi, TX United States X Barnette, James Corpus Christi, TX United States X Lippincott, Michael 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. ANY °"% AMANDA FOWLER ' 2 { Notary Public t " f� STATE OF TEXAS ► 4.:4.6.. 0 My Comm. Exp. 03-03.2018 r �✓' / �j ? AFFIX Sworn Signature of authorized agent of c tr g business entity NOTARY STAMP / SEAL ABOVE ` (� to and subscribed before me, by the said ; t t p Sl. Q E]f,,Q.. C• 1 1,/ , this the 19c� clay of Imn . 20 11 , to certify which, witness my hand and seal of office. r., _. t'1- Al2_ Am&ndo c i NOni f 5; 47/9.11'1-- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Signature Enrols nrnvidnd by TPXAs Fthirs r.nmmissinn www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase and Installation of Playground Equipment at Sacky Park CAPTION: Motion approving the purchase and installation of playground equipment at Sacky Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $53,252.65, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Funding for this playground is from the Community Development Block Grant B -16 -MC -48-0502 for program year 2016- 2017. PURPOSE: This item is to approve the purchase and installation of playground equipment at Sacky Park. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department has received a Community Development Block Grant to improve Sacky Park at 2719 Sacky Drive, Corpus Christi, Texas, 78415 for all to enjoy. This project was in the Housing and Community Development 2016-2017 Annual Action Plan that was approved by City Council on July 12, 2016 by agenda File #16-0639. The park is seven acres and provides recreational space for the immediate neighborhood which includes single family homes, apartments and assisted housing units. This project will include the construction of a new playground to serve youth ages 2-12 years old, new park benches and picnic tables and trees. In addition, a split rail fence around the perimeter of the park will be installed to protect the improvements and prevent access of vehicles onto the multi-purpose fields for public safety. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $184,469.00 $0.00 $184,469.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $53,252.65 $0.00 $53,252.65 BALANCE $131,216.35 $0.00 $131,216.35 Fund(s): CDBG Grants Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Service Agreement No. 48644 Playground Equipment and Installation for Sacky Park THIS Playground Equipment and Installation for Sacky Park Service Agreement ("Agreement") is entered into by and between Park Place Recreation Designs, Inc. ("Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide playground equipment and installation for Sacky Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for Sacky Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $53,252.65, subject to validly 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 the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 5 6. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and City's Risk Manager. Additionally, the Contract Administrator and Risk Manager must be given at least 30 days' advance notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 7. Bonds. The Contractor will maintain payment and performance bonds for the full contract value during the term of this agreement. Such bonds shall automatically increase should there be an increase in the agreement value. 8. Ownership of Work Product. The City owns exclusive rights to all work designed, drafted, created or prepared by the Contractor under this Agreement. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Page 2 of 5 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18. Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand -delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 IF TO CONTRACTOR: Contractor Contact Address: City, State, Park Place Recreation Designs, Inc. Michael Carlson P.O. Box 18186 San Antonio, Texas 78218 Page 3 of 5 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, 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. Page 4 of 5 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Federal Requirements Page 5 of 5 Attachment A: Scope of Work 1.1. Scope of Work A. Company will provide and install equipment, poured -in-place fall zone at Sacky Park located at 2800 Sacky Drive, Corpus Christi, Texas 78415. 1) Installation of playgrounds will include (a) Line location (b) Grading for base installation for pour in place surfacing (c) Installation of playground per manufactures instructions 2) Installation of a 1,114 SF concrete slab at 4' thick including (a) all material and work to complete forming for concrete pad (b) all material and work to complete reinforcing with wire mesh (c) all material and work to complete placement and finishing of concrete (d) all material and work to complete clean up 3) Installation of 1,114 SF at required depth per fall height of one poured in place rubber pad including (a) all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) All material and labor to complete clean up 1.2. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 PARK PLACE RECREATION DE Vol` Park Place Recreation Designs, Inc. OFFICE P.O. Box 18186 San Antonio, TX 78218 PHONE 800-626-0238 210-821-5878 FAX 210-832-0115 EMAIL fun q©mirac1eparkplace.com WEB www.miracleparkplace.com www.the-art-of-play.com Date: March 30, 2017 Customer: City of Corpus Christi QUOTE: R0917 0161 Project: Sacky Park #466-S012 Nexus Nautilus 2 ITEM DESCRIPTION Revision #2 QTY UNIT PRICE TOTAL PRICE 1 $22,764.00 $ 22,764.00 ! Concrete Slab Approved BuyBoard Vendor Contract #512-16: PARK PLACE RECREATION DESIGNS, INC, 210-821-5878 • 800-626-0238 FAX: 210-832-0115 www.m i racIeparkpl ace.co rn Board' Cooperaerre Parchas/ng Approved Vendor -Proposal ff 512-16 www.buyboard.corn 1 $9,068.00 $ 9,068.00 Poured -In -Place Rubber Surfacing, 4" Thick, Approx. 1,114 sq. ft, COLOR: 50/50 Mix (50% Black/50°A) TBD) 1 $15,875.00 $ 15,875.00 CDBG Project Sign Installation Payment Bond 1 $1,100.00 $ 1,100.00 1 $1,490.00 $ 1,490.00 Discount (if applicable - BuyBoard #512-16) 1 -$4,208.35 $ (4,208.35) Installation of Equipment 1 $6,150.00 $ 6,150.00 Freight 1 $1,014.00 $ 1,014.00 Tax Subtotal ,$ 53,252.651 0.00% $ 0.00 Grand Total $ 53,252.65 •Pricing is for materials/delivery. Installation is not included unless priced above •If not priced above and if required, the following items and associated costs/fees will be the responsibility of the customer: Engineer Sealed Drawings — Local Building Permits — Payment/Performance Bonds —TDLR Registration/Review/Inspections. Each item, along with its fee/cost, will be listed separately. *Prices are valid for 30 days after which they are subject to change.Any work not specifically mentioned in this proposal as being included shall be deemed excluded.The customer will be responsible for any taxes owed. *Payments made with credit card will have an added 4% service charge. •If a 30 -day Notice of Insurance Cancellation is required, there will be an additional charge of $75. Please issue all purchase orders and payments to Park Place Recreation Designs, Inc. Municipalities/School Districts purchase orders accepted as authorization. Authorized By: x Printed Name Signature Date ainpayos 6upiad/p19 :9 4uauay3a44d City of Corpus Christi Parks Nexus Nautilus 2 PARK PLACE CREAThl'i COW re Q ea N Miracle. In Texas LILA To verify protluct certcation, vi twww.ipema.org City of Corpus Christi Parks Nexus Corpus Christi, TX 1 FOR KIDS AGES 5-12 YEARS AGE GROUP: 5-12 ELEVATED PLAY ACTIVITIES - TOTAL: 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER: 0 REQ'D 0 ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITY TYPE: 4 REQ'D 0 GROUND LEVEL QUANTITY: 11 REQ'D 0 NEXUS NAUTILUS 2 466S012 " Miracle PARK PLACE RECREATION DESIGNS, INC. R0009 42802413157 P.O. Box 18186 San Antonio,TX GROUND SPACE: 25'-0" x 20'-6" PROTECTIVE AREA: 37'-6" x 33'-0" `RAWN BY: Mike Carlyon PHONE NO: (210) 821-5878 FAX NO: (210) 832-0115 COMPLIES TO ASTM/CPSC I DATE:3/8/2017 COMPLIES TO ADA To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signage near each playsystem's main entry point(s) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER &AROUND ALL PLAY SYSTEMS 0 0 42. 0 42. DATE: 03/08/17 SCALE: 1/8"=V-0" 32'-3" 44' City of Corpus Christi Parks Nexus Nautilus 2 Drawing #CCNautilus_ Park Place Recreation Designs, Inc. Life - Have Fun With It! Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 5 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Service Agreement No. 48644 Award Date of the Contract: Contract Price: $53,074.65 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Playground Equipment and Installation at Sacky Park No. 48644 006116-4 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Playground Equipment and Installation at Sacky Park No. 48644 006116-5 Rev. 01-13-2016 Page 5 of 5 Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -01 Breach of Contract Terms FR -02 Termination of Contract FR -03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR -04 Standard Federal Equal Employment Opportunity Construction Contract Specifications — 41 CFR Part 60.4.3 FR -05 Copeland Anti -Kickback Act 29 CFR Part 5 FR -06 Davis -Bacon Labor Requirements 29 CFR part 5 FR -07 Contract Work hours and Safety Standards Act Requirements FR -08 Regulations Pertaining to Reporting FR -09 Rights to Inventions FR -10 Access to Records and Record Retention FR -11 Clean Air and Water Pollution Control FR -12 Energy Conservation Requirements FR -13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR -14 Lobbying and Influencing Federal Employees FR -15 Economic Opportunities for Low and Very -Low Income Persons FR -16 Affirmative Action Regulations and Plan FR -17 Women and Minority Owned Businesses (M/WBE) FR -18 Accessibility Section 504 Compliance FR -19 Texas Architectural Barriers Act FR -20 Drug -Free Workplace Requirements FR -21 Field Requirements Page 1 of 45 FEDERAL REQUIREMENTS: FR -01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 45 FEDERAL REQUIREMENTS: FR -02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 24 CFR 85.36 Page 3 of 45 FEDERAL REQUIREMENTS: FR -03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractors commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 45 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 Page 5 of 45 FEDERAL REQUIREMENTS: FR -04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractors or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 45 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractors obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractors employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 45 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractors EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 45 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractors noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 — 4.3 Page 9 of 45 FEDERAL REQUIREMENTS: FR -05 COPELAND "ANTI -KICKBACK" ACT — 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 45 FEDERAL REQUIREMENTS: FR -06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis -Bacon and Related Act Requirements: All rulings and interpretations of the Davis -Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 45 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 45 Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 45 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 45 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 45 knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 Page 16 of 45 WAGE RATES 312i.W17 r=nps...gww.-,•m .growdcwsr if ristaear CC31,0rt ==i) General Decision Number: TX179 31 01/06/2017 TiG3. Superseded Omaral Derision Number: TX20166.831 State; Texas construction Thr I, : Heavy Counties: NLeces and San Patricio Counties it Texas. HEAW ror,"sTR..:C-_ON ••ROJECLS (including Sewer and Water Lina C4r.57.-',i:'I' c,.. .erl:J r: -J .nage Projects) !vote: J'-cr=- EXec=Jtive Order (Erb) 1X6SEI, an hourly pinimui wage t $1 . Ze =or colt—cu ti,.tar 2017 applies t:n all concocts 5uh.jeCt to the n. i ; -['tilts. n Act r'or which the contract is awarded (and any solict.taticn 4r< or after January 1, 2a15. If this contract Ls coverej by tris EB, the contractor must pay all workers in any clsssificaiic listed on this wa.gg determination at least $1g.20 _ E r hour (or the a ppl i c ahs wage rate listed an this —102 - r..'_e rmi net ion, if it is '710-e-) 'or all Hours spent pertr•rmin r: 7-p :r:• -.tract in rale-rla-• ;.car 2017. The ED mini -Am Saar= r-tp k 1 : =e Ad7+riSted A:JrI_LIonal infn,matior or cc•n1-arty- rEq..irarPrt9. and wrrrko- 4_rr.tc'cTion5 4lrtirJ -r the EC; s evsiLable at we.w. cul, gov/whd: govcor trac -5 . m ,di -=;:Lotion Number Publi[ation Date 01/06)2017 2r017 SLlTX1987-091 12/431,190.7 Rates Frirges rARPEPITER (Excluding Farm Setting)- .. ..,.._...$ 9.05 Concrete Finisher. 6q. _...$ 7.56 ELECTRICLAPN mmmmm......3 15.3.7 Laborers: Cc nrl..,...«�..........m..,$ 7.25 Utility.....,,... ...•.•..S 7.6® Power ecimipoent operators: Backhoe .,..$ 9.21 Motor £radar.•.. -e. ------.a e.72 2.58 WELDERS - Receive rete prescribed for craft performing operation to which weldin,E is incidental, .sw f.t ==__=====a.aa_=aa Note: Executive Order (EO) 137e+6, Establishing paid Sick Leave for Fed a r`al Contractors applies to all contracts subject to the Oavis-SacOf1 Act for which the contract is awarded (and any solicitation was issood) OD or after January 1, 2017. If this contract is covered by the EOE the Contractor must provide emp'::yrees .,i'_h 1 hour of paid sick leave for every 39 hours 7I-Pn -'k up 70 W. hours of paid sick leave each year. tmp=offFe4 -us* he permitted to use. paid sick. Leave for their Fe415 hvaa �x.w g.:: lw. rkal •t; .. r f rY.ca , I alia+G1711. Mita. tr Y=d Page 17 of 45 Iii2V2017 rY11DEL4'4rrr'.•r:n^r5E4 dcaU'sca'i eRiciRre4 r) 31.Wb?=0 own injury or other ,health-related needs, iriCl'ding prevent : •.: • :.i- ; tO .aS Sist a family, menber <or• person who is like °`ami1} 70 the employee) who is ill, injured, or has other ht. „ h -elated needs, inCljding preventive care; or for reasons ri••A»1. LL-rg from, or tc, assist a family ember e•r• (car person who is 11.'. rAmilyr tri the employee] who is a victim ofp domestic violence. sexual assault, or stalking. Additional information On contractor requirements and worker protections under the E0 is available at WWw.Col.gov/whdigavcontracts, Unlisted erdas ifi:.1-iri••p'. ••ne1ed fir work not included within tha ECopc. or t -c :y-,:irr1 ,a3 listed maybe edded efttr award only as 7.,o•., _Jed in the labor standards contract clauses (Z CFK 5,.5 (a) (l) {ii}] The body a# each wage dett!"mination lists the classification and wage rates that have ben found to be prevailing for the cited type(s) of construction in the area covered b the wage detert.ira'.-i on_ The rla 5 i 1 i cations are listed in alphabetica order v= "idant ftF -s'° th; t : r I is-WLe whether the particular rate is a union rate (cur7ren7 ii" ' " negotiated rate for local), 8 survey rate (weighted average rate) or s union average rate Cweighted union average rate), Union Rate Identifier, A four letter c1assi•fie.ticn abb-eviration identifier enclosed in dotted linos b.iginri.ing_ wi._h characters otker then "SU- or -UAVF" denotes that the 4Jnie LLds,sificaL_c-n anc r.sto were prevailing for tn=-t flassifiestion in the su -way_ Exa-Iplc PLUM13198-F I5 07/@1/10=4. PLL is an abbrvio"ivri Identifier of Tref urtilpr •„ tiCr in the sur,:v _.,.,.. ::.I115 classif ca -i ^-, %,-1Ch h r1 this exanpl= .•c•u .i :e P 1.j� kiers,. 1319@ indicitca lar=_= unify il..rhrt :,--ais._rLct cc•Lncil number wheri- L.c•, =-lumbers local 0198, -••r• -.ext number, eln in the exa-n::11,': 4r-• _rtcrrol n_-,ber used in processing the wage det=_- -a-ion. E77/0'.1/2014 is the effective date of the most CUrirtr1 ..tac•LLated i-a=e, which in this exrainple is July 1, 2014 - union. Union pr ai11ng wage rateA are updated to ref 1 ect all rate chane{ in te co1.leCtiwe bargaining agreement (calk) governing this classification and rate. 5ur:� r• R.1- 4 Identifiers C1.1,s :icati.na listed unir the "5U" identifier indicate that no ru.,r 1 -MI! _:-availed for -his i a-asific.atiorl in the survey and -the 7uhl..she,5, rats is der' -,ped by osmputing a weighted average rate ba=prf on all the rates reported in the survey for that cla=-s=. _rti ran . A5 th+ •; :r• . gh te-J average rate includes all rates : cper ed in the survey, it -., include both union and non-r.r•. i on rt: L•cS. ExampleULA2ei1 -.::u f 5113/.2014. SU indicates the r=tes n-0 survey rates based -i a iti•eiE-ted average nails ula L Lc n of rates and are not vr'b j r_: it t• -rates. ij. indicates the Stele : f Louisiana. 2012 is the year :,f 'SuP'V'ey on whicq these clas-:ificatiors and rates ar= boson. 1 ie next number, ae7 in the exan=le, is an internal nu -_••_r used in producing th:- waga deterninstio-_ �i 20i4 in+�.- .,�: ,� 1'i_ survey :ampletia- datte for 1 . .. classifications and rate, ur :JL =_fia'_ Lel LJ r'_r i AhriA v-vrcdd,6vv,+.vr}d.S5 Irna+ 35'i Dr'p'TX31 b .'e D Page 18 of 45 3r7=17 1? h[losfk"rteww.5•Oal.Bawl+rr ilk,cfi4rx kliauistecorirr 31 xhal37,-=0 Survey wage "u itis are not updated and remain in effect until a new survey r _J tt ncucted. Union Average Rate Identifiers Classification(s) fisted under the u006 identifier indicate that no single majority rate prevailed those classifications; however, 1 of the data reported for the classifications was union data. EXAMPLE; 14VG.Q14- 919 .08/29fi014. LIik'G indicates that the rnto lc .7 wo' phtid union average rate. Cc indicates the state_ TIIe H4X1 (Humber, 0010 in the example, is an internal number usec in procui ing thr_ wage determination. 08/29/2014 indicates the survey f camp 1etion <late for the classifications and rates under that Lcentifier. A LPAVG rate will be updated once a year, usually in 'Lzriu ry each year. to reflect a weighted average of the current negotiated/CM rate of the union locals from which the rate is haled_ WAGE nETERMINATION APPEALS PROCESS 1.) Inas there been an initial decision In the matter? This can be: * an existing pLblis-ed ,.oge determination • a survey unde.._yirr a ,.age determination • a Wage and flour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling an 51Ir'.21,'a related matters, initial €ontart, including requests for -,...-frare5 q -f surveys 5F•:1 1:i be with the Wage and Hour Regional iffite fur the arn.i i,5 why :`h th Eo.rvr:y was zonducted because those Re;•Dna1 0�.f,- hr:vp rr;poI7c1h11 -i" the Davis -®actin survey Frogra-. if ^ez-nr a frac this initial contact is not t.a,far`tr r arc- "e process described in 2_} find 3.} s houj,L ti- 1 1 r`wi• d. W_ F. '1:K.Ard 420 .any other matter not yet ^=peg for the formal pra_ecs described here. initial contact should be with the Firor c - of Construction Wage t 4 r• i •i• iriiticris . Write to; Branch of Construction Wage Determinations Wage and Hour* 0ivisiOn 1..5. Department of Labor 20a constitution Avenue, N.W. Washington, DC 20116 2.) if ,he answer to the question in i.) is yus, then an interested part/ (those a-Ffe€ted by the action) Can request ✓ auiew and reconsideration from the Wage and Hour Adnini5tr*:rtor` (See 29 CFR Part 1.R. and ag CFR Part 7). Write to Wage and Hour Ad iin i stratc r U_$. Department 'f Labor CanStitutian Avenue, (CV, WRshinedn, DC 2E1.210 i hr• r•:._il..L.-.t should be accompanied by a full statement of the inTrr,,ted party ' s position and by any information (wage ICL+_ _ novo; Jra.a*: °.a S# bgxPril)eitchebiY=0 Page 19 of 45 M1 �,•��I �a.ii SFA':'a.1.�+Yi''.�..��I•iiur��.1.1�1:f�l..a `l, 'Ys'kr 111)10 101 Lsl1 -L1ect description, -:' ' )I J ti g maier•.iriga etc.) tha: : ' ;•u uE Lor considerg r=1e'a, t to the 1554e, 3.) If the decision of the ^.d w i rriS t ratOr- iS not favor]b1e o an interested parity rray ap p m i ri - ct iy to tha mini str at iVe Rewiew Board If arffar_• t'e Vag' App.215 Ward) . Write to ,4dmini Strat ,1T R PA iiw � e' A rrl U.S. e Department of lahn- 2013 C fStitution Aveiue, N.W. hind pan, DC 20210 4.) All d cisi ns by the A° i r,,t ive a' . i ew Board art final. z================mi===ma..immilrus========mmrmsruzmozwir========ms EN- OF tErada WISION Page 20 of 45 FEDERAL REQUIREMENTS: FR -07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para -graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d Page 21 of 45 FEDERAL REQUIREMENTS: FR -08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD -2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B -32 -MC -25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 22 of 45 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low -and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low -Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD -60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section -3 -covered activity. Form HUD -60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 23 of 45 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. Page 24 of 45 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 25 of 45 sv 40 9z GEod Contract and Subcontract Aetit'ity U.S. Department of Housing and Urban Development OMB Approval No.: 2535-0117 (exp, 12/31/2006) Public Reporting burden for this collection of information is estimated to average .50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is voluntary. 1 -WD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMS Control Number, Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shaII establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. Tf the information is not collected HUD would not be able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents, HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice — The United States Department of Housing and Urban Development, Federal /lousing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, Untied Slates Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law. 1. GranteelProject Owner/Develop crISponsor/BuilderlAgency Check if; City of Corpus Christi PHA o IHA n 2. Location (City, State, ZIP Code) 1201 Leopard St, Corpus Christi, TX 78401 3a, Name of Contact Person Rudy Bente ncourt , CD Administrator 3b. Phone Number (including Area Code) 361-880-3017 4. Reporting Period El Det.1— to Sept. 30, (Annual -FY) 5 program Code {Not applicable Far CPD programs.} ❑ See explanation of codes et bottom of page. Use a separate sheet kr each program code. 6. Date Submitted to Field Office October 1 Grant/Project Number or HUD Case Minter or other identification of property, subdivision, dwelling unit, etc. Project Name 70. Amount of Contract or Subcontract 7b. Type of Trade Code (See below) 7c Contractor or Subcontractor Business Racial Ethnic Code (See below) 7d. Woman Ducted Business (Yes or No.) 7e. Prime Contractor Identification (1D) Number 7f See. 3 Contr . 7g. Subcontractor Identification (ID) Number 7h. Sec. 3 Sub. 7i. Contractor/Subcontractor Name and Address 7j. Name Street City State Zip 1=New Construction 2= Edueatioralf raining CPD: 6—HIJD-Held 3= Other 1e. New C onstruetion 2= Substantial Rehab. 7e: Type of Trade Codes Housing/FuHousing: (Management) 3= Repair 4= Service 5 -Project Mangt. 6= Professional 7-= Tenant Services $= E dncationfTraini ng 9=Arch.JEngrg, Appraisal 4= Other l= White Americans 2= Slack Americans 7d : Racial/Ethnic Codes_ 3= Native Americans 4= Hispanic Amerieans 5= Asian/Pacific Americans 6. Hasidic Jews 1= All insured, including Section 8 5— Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing end Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 4= Insured (Management) 7=Public/Indian Housing form HUD -2516 (0148) 1 Section 3 Summary Report Economic Opportunities for Low— and Very Low -Income Persons Section back of page for Public Reporting Burden statement U.S. Department of Housing and Urban Development Office of Fair Housina And Equal Opportunity OMB Approval No: 2529-0043 (exp. 11/30/2010) HUD Field Office: HUD Field Office: 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 1 = Flexible Subsidy 2 = Section 202/811 3 = Public/Indian Housing A = Development, B = Operation 4 = Homeless Assistance 5 = HOME 6 = HOME State Administered 7 = rnRr= Cnfiflcmcnf Page 1 of 2 8 = CDBG State Administered 9 = Other CD Programs 10 = Other Housing Programs form HUD 60002 (6/2001) Ref 24 CFR 135 Page 27 of 45 Part II: Contracts Awarded 1. Construction Contracts: k Total dollar amount of all contracts awarded on the project B. Total dollar amount of contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: k Total dollar amount all non -construction contracts awarded on the project/activity B. Total dollar amount of non -construction contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non -construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low -and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very -low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 Page 28 of 45 FEDERAL REQUIREMENTS: FR -9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: 24 CFR 85.36 Page 2? of 45 FEDERAL REQUIREMENTS: FR -10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 24 CFR 85.36 Page 30 of 45 FEDERAL REQUIREMENTS: FR -11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (24 CFR 85.36 & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act Page 31 of 45 FEDERAL REQUIREMENTS: FR -12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 24 CFR 85.36 & Public Law 94-163 Page 32 of 45 FEDERAL REQUIREMENTS: FR -13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 24 CFR 85.35 Page 33 of 45 FEDERAL REQUIREMENTS: FR -14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 34 of 45 FEDERAL REQUIREMENTS: FR -15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY -LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 35 of 45 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro -enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident -owned businesses, purchase of materials and supplies from PHA resident -owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident -owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non -section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 36 of 45 FEDERAL REQUIREMENTS: FR -16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 37 of 45 FEDERAL REQUIREMENTS: FR -17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Page 38 of 45 FEDERAL REQUIREMENTS: FR -18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 3? of 45 FEDERAL REQUIREMENTS: FR -19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 40 of 45 FEDERAL REQUIREMENTS: FR -20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 41 of 45 FEDERAL REQUIREMENTS: FR -21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis -Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub -contractors' Affirmative Action Plans when applicable. Davis -Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very -Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti -discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub -contractors who have sub -contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 42 of 45 4' CDBG PROJECT SIGN 8' PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Total Project Cost: $ CDBG FUNDS: $ Contractor: Address: Phone Number: 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Red Background White Letters White Background Black Letters Blue Background White Letters Page 43 of 45 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE COMPANY NAME: ADDRESS: PHONE NO.: DATE Page 44 of 45 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County (Name/Title) of (Name of Company) which firm is hereinafter called "Contractor", who being duly sworn stales on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, state or federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above, The above statements are made by (Name) of (Name of Company) individually and on behalf of the Contractor. (Name and Title} (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Page 45 of 45 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: 2017-227774 Date Filed: 06/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Park Place Recreation Designs, lnc. 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 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. 48644 Sacky Park Playground 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. ?)(\-(1'j.kij/TL—' 1Signature orized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said r J �1ti . %' Yt/� ,this the day of , 20 17 , to certify which, witness my hand and seal of office. `,��,ttittl11111 fj►►�_ ``�.,� �yp,T HAN c'i/ 4,, `. . N0TAq y •. ">;w:.. o.• N = '�5 I. ett4 a,t..�C, /c,€S/�.,/ Sig ature of officer administering oath Prim name of offict i ring r.at 0 .4) r. Title of officer administering oath • q� 1:XA� �. Forms orovided by Texas Ethics Commission wwpthirs stA46. 11 & �:? w 1:2111/ reinn 1/1 r11:2111 ►'7 rl9ilt��t+tt`���`�` CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION TLGPC CONTRACT 512-16 ITEM DESCRIPTION QTY. UNIT PARK PLACE RECREATION DESIGNS, INC. SAN ANTONIO, TEXAS UNIT PRICE EXTENDED PRICE 1. 466-S012 Nexus Nautilus 2 1 EA $22,764.00 $22,764.00 2. Concrete Base 1 EA $9,068.00 $9,068.00 3. Poured -In -Place Rubber Surfacing 1 EA $15,875.00 $15,875.00 4. CDBG Project Sign 1 EA $1,100.00 $1,100.00 5. Payment Bond Fee 1 EA $1,490.00 $1,490.00 6. Installation of Equipment 1 EA $6,150.00 $6,150.00 7. Freight 1 EA $1,014.00 $1,014.00 20. BuyBoard Contract Discount 1 EA $4,208.35 $4,208.35 Total Price $53,252.65 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 27, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Execute radio facility and tower lease agreement with KRIS Communications for a communications site to operate a public safety communications system CAPTION: Motion authorizing the City Manager or the City Manager's designee to execute a radio facility and tower lease agreement with KRIS Communications for a one (1) year term at $46,245.84 from August 1, 2017 through July 31, 2018 and for an optional extended term of nine (9) automatic 12 -month renewal terms increasing 3% each year, for continued use as a communications site to operate a public safety communications system. PURPOSE: The lease agreement has expired and must be renewed. BACKGROUND AND FINDINGS: The City of Corpus Christi 800 Mhz radio system operates with two radio towers, one atop One Shoreline Plaza and the other near Robstown on the KRIS Tower. Two sites are necessary to give the 98% coverage required through the original purchase of the system. The KRIS -TV Tower was originally selected because of stringent RFP requirements regarding radio signal coverage and overall system range. This site has proven to be an effective location for the Public Safety Radio System currently in use by the City, the RTA, Nueces County and various other Public Safety entities. The site is well maintained and the concrete construction of the building provides excellent security for the equipment. The City has had an agreement with KRIS since 1990. This agreement covers August 2017 — July 2018 at an annual cost of $46,245.84 with an annual increase of 3%. $7,707.64 is need for the current fiscal year. 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: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $241,082.75 $224,390.00 Encumbered / Expended Amount $227,668.19 0 This item $7,707.64 $38,538.20 $46,245.84 BALANCE $5,706.92 $185,851.80 0 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends approving the contract. LIST OF SUPPORTING DOCUMENTS: Contract ANTENNA SPACE LICENSE This Antenna Space License (this "Agreement") is made and entered into the day of , 2017 (the "Execution Date"), by and between KRIS Communications, LLC, hereinafter called "Licensor" and City of Corpus Christi, licensee and operator of public safety communications systems, hereinafter called "Licensee." WITNESSETH: Licensor hereby grants to Licensee the rights and privileges hereinafter set forth for the license fees and upon, and subject to, the terms and provisions hereinafter set forth. I. GRANT: Subject to the limitations stated in this Agreement, Licensor grants to Licensee the right to install and operate, at Licensee's sole cost and expense, eight (8) police system and community alert antennas (the "Antenna System") on Licensor's television transmitter tower located on lands more particularly described in Schedule A attached hereto, which lands are located approximately at 3.2 miles south of Highway 44 on County Road 61, Robstown, Texas. The portions of the land and tower upon which Licensee's Transmission System (as defined hereinbelow) and Licensee's Antenna System, as applicable, are installed subject to this Agreement are sometimes called the "Premises" in this Agreement. The Antenna System shall be installed by Licensee in a location designated by Licensor as more particularly described in Schedule B attached hereto. Licensor also grants Licensee the rights, at Licensee's sole cost and expense, to install and operate radio transmission equipment (the "Transmission System") in Licensor's transmitter building located at the base of the tower in a location designated by Licensor as more particularly described in Schedule B. The Transmission System may only consist of fifteen (15) transceivers and associated equipment approved by Licensor. The authority granted by Licensor to Licensee to install the Antenna System and Transmission System is expressly subject to all the terms and provisions of this Agreement, including, but not limited to, those provisions, restrictions and reservations relating to the operation, maintenance and removal of such items. The legal interest of Licensee in and to the Premises is that of a license. Licensee shall have no property rights or interest in the land and tower by virtue of this License. Licensee's Antenna System and Transmission System shall remain the personal property of Licensee. II. TERM: Subject to the parties' rights to terminate as described in other provisions of this Agreement, this Agreement shall be for a term of twelve (12) months, commencing on the Execution Date (the "Commencement Date") and ending on the date that is twelve (12) months thereafter, with nine (9) automatic 12 -month renewal terms, unless Licensee terminates this Agreement at the end of the then current term by giving Licensor written notice of intent to terminate not less than ninety (90) days prior to the end of the then current term. 1 All portions of the Antenna System and the Transmission System shall be removed by Licensee within thirty (30) days after the expiration or earlier termination of this Agreement. Licensee will repair any damage to the Premises, land and/or tower resulting from Licensee's removal activities. If Licensee fails to remove or cause to have removed any portion of the Antenna System and Transmission System from the Premises within thirty (30) days after the expiration or earlier termination of this Agreement, Licensor may remove such equipment and Licensee shall remain liable for any and all costs incurred by Licensor for removal of Licensee's equipment from the Premises. Licensee shall be responsible for license fee payments in the amount of two hundred percent (200%) of the license fees then in effect and for compliance with the terms and conditions of this Agreement for any period in which Licensee's equipment remains on the Premises, land and/or tower following the expiration or earlier termination of this Agreement until the date that such equipment is removed pursuant to this Section. III. LICENSE FEES: As consideration for the rights and privileges herein granted, Licensee agrees to pay Licensor license fees as outlined below subject to adjustment as hereafter provided. Commencing on the Commencement Date, such fees shall be payable in equal successive monthly installments without setoff, deduction or demand, in advance, on the first day of each calendar month during the term in the amount set forth below. In addition, if Licensee fails to terminate this Agreement at the end of the then current term, the license fees for each subsequent renewal term shall be payable in equal successive monthly installments without setoff, deduction or demand, in advance, on the first day of each calendar month during such renewal term in the amounts as follows: License Period Monthly License Fee Commencement Date — Month 12 $3853.82 Month 13 — Month 24 $3969.44 Month 25 — Month 36 $4088.53 Month 37 — Month 48 $4211.19 Month 49 — Month 60 $4337.53 Month 61 — Month 72 $4467.66 Month 73 — Month 84 $4601.69 Month 85 — Month 96 $4739.74 Month 97 — Month 108 $4881.94 Month 109 — Month 120 $5028.40 If the Commencement Date is other than the first day of the month, any license fee provided for shall be prorated accordingly in the first partial calendar month of the term. In the event Licensee fails to pay any license fee installment hereunder as and when such installment is due, to help defray the additional cost to Licensor for processing such late 2 payments, Licensee shall pay to Licensor on demand a late charge in an amount equal to five percent (5%) of such installment; and the failure to pay all amounts due hereunder within ten (10) days after demand therefor shall be an event of default hereunder. The provision for such late charges shall be in addition to all of Licensor's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Licensor's remedies in any manner. Licensee also consents and agrees to pay all excise and use taxes levied by the State of Texas or any other governmental agency or authority on the license fees and other sums payable by Licensee to Licensor under this Agreement, and any other fees or assessments imposed on Licensor by any governmental agency or authority as a result of Licensee's exercise of this Agreement. IV. ACCEPTANCE OF PREMISES: Licensee acknowledges that Licensor has made no covenant, representation or warranty to Licensee concerning the condition, safety, merchantability, fitness for use, suitability for any purpose whatsoever, or state of repair thereof, and Licensee accepts the Premises in its "present" condition, "as is, where is." V. ELECTRIC POWER AND ANY OTHER UTILITIES OR FEES: Licensee agrees to reimburse Licensor a monthly amount for electrical power determined by Licensor based upon average monthly charge incurred over the previous two years. In the event that the utility company increases rates, Licensor may increase the rate charged to Licensee accordingly. In the event that Licensee makes a material change in its operations at the site, Licensor may re-evaluate electricity usage and increase the rate charged to Licensee accordingly. Licensor will not be responsible for interference with, interruption of or failure of such electrical power. If Licensor installs an emergency generator capable of supplying power to Licensor's building and Licensee's Transmission System, Licensor shall provide Licensee's Transmission System with back-up power from Licensor's emergency generator and Licensee shall pay its pro rata cost of such generator's fuel, maintenance and other expenses as determined by Licensor. Licensor shall be solely responsible for the operation and maintenance of Licensor's generator. Licensor shall not be responsible for any loss or damages incurred by Licensee due to the failure of said generator or its associated equipment. In addition, Licensee agrees to pay its pro rata share of all sums due for any other utilities or services used by Licensee in connection with its exercise of its rights under this Agreement. VI. INSTALLATION AND MAINTENANCE OF LICENSEE'S FACILITIES: Licensee's Antenna System and Transmission System shall be installed and maintained at all times in a good, secure, and workmanlike manner. All such work shall be performed by one or more licensed general contractor(s) acceptable to Licensor and in accordance with all applicable laws, regulations, codes and safety standards. The method, location and continuance of the installation shall be subject to Licensor's prior written approval of: (a) Licensee's plans and specifications for such work, and (b) if required in Licensor's sole discretion, a structural analysis of the tower (to be performed at Licensee's sole cost), which approval shall not be unreasonably withheld. If any alterations in the transmitter building become necessary as a result of the installation or maintenance of Licensee's Transmission System, Licensor may make, or require Licensee to make; such alterations and the cost thereof shall be paid by Licensee within ten (10) 3 days after Licensee's receipt of Licensor's request therefor. Licensee agrees, at Licensee's sole cost and expense, to abide by all reasonable requirements made by Licensor's representative and to perform all work necessary to meet such requirements related to the installation or maintenance of Licensee's Transmission System, including replacement or repair of any defective hardware supporting Licensee's Antenna System and/or transmission line(s). Anything in this Agreement to the contrary notwithstanding, Licensee acknowledges and agrees that if, during the term of this Agreement, Licensor needs or desires to install (a) an additional transmission line or lines in or on the tower to service Licensor's own operation requirements; (b) additional antenna(s); or (c) if Licensor should require or desire use of the space used by Licensee to operate Licensor's own equipment or facilities, then, in any such event or events, Licensor shall have the right to do so. Licensor will give Licensee ninety (90) days' notice in such an event. In any such event, Licensor may commission an engineering study to be made at Licensor's expense to determine whether the structural components of the tower can be modified to accommodate Licensor's additional hardware and equipment, as well as Licensee's Antenna System. If such modification is possible then, within thirty (30) days of its receipt of such report, Licensee may elect, by notice in writing to Licensor, to pay for the modifications related to relocating Licensee's Antenna System determined to be necessary to facilitate Licensor's modification, and any such payments by Licensee shall be credited to Licensee's future rent under this Agreement. Such modifications, if any, must not interfere with any established deadlines set by the FCC or other governmental authority regarding Licensor's use of its allocated spectrum, tower, and premises. If Licensee elects to pay for, and pays for, modifications that don't interfere with the governmental deadlines of Licensor, then Licensee's Antenna System shall be allowed to remain on the tower at the locations designated in the report. If Licensee does not elect to pay for the modification, or if the modification is not possible, Licensee may elect, within thirty (30) days of its receipt of the consultant's report, by notice in writing to Licensor, to relocate Licensee's Antenna System to a location, if any, specified by Licensor which is available and which will not require substantial modification of the tower to accommodate Licensor's hardware and equipment on the tower as well as that of Licensee's. If the tower will not support both Licensor's hardware and equipment and that of Licensee's (and modification to provide such support or relocation is not feasible as described above, or if Licensee does not elect to pay for the modification or to relocate as described above), then this Agreement shall terminate as to the antenna(s), equipment or facilities of Licensee required to be removed to accommodate Licensor's equipment (but remain in effect as to any other portion of the Antenna System or Transmission System remaining), and Licensee shall remove the affected antenna(s), transmission line(s), and all related equipment from Licensor's tower within one hundred and eighty (180) days after Licensor's demand therefor. This Agreement shall terminate with respect to such antenna, as of the date the antenna is required to be removed (but remain in effect as to any other portion of the Antenna System or Transmission System remaining). Licensor shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding, and installing its equipment at, an alternate site due to a termination of this Agreement in accordance with the provisions of this Section VI. VII. MAINTENANCE AND REPAIR COSTS AND ASSUMPTION OF RISK: Licensee agrees to pay all costs of maintaining and repairing the Antenna System and 4 Transmission System in accordance with good engineering practices, and hereby releases and relieves Licensor from any and all liability from any damage thereto from any cause whatsoever not directly attributable to the gross negligence of Licensor, its agents, servants or employees. VIII. ACCESS: Licensee shall have non-exclusive access over the land and to the tower to access the Premises at all reasonable times for the purpose of making inspections and repairs to the Antenna System or Transmission System; provided, however, that Licensee shall give Licensor written notice of its need or desire to have access to the tower prior to such entry, and no such entry shall be made by Licensee or Licensee's agents, employees, or invitees until Licensee has received Licensor's written approval therefor. In no event, however, will anyone be permitted on the tower without first demonstrating liability insurance and workers compensation insurance coverage, as Licensor reasonably shall deem appropriate at the time. Access to the transmitter building shall be governed by rules and regulations issued from time to time by Licensor. Such entry and use shall be affected in a manner that does not unreasonably disturb, damage or interfere with any other equipment or facilities in the transmitter building or in or upon the tower. IX. SIGNAL INTERFERENCE: Licensee shall ensure that neither the Antenna System nor the Transmission System interfere with Licensor's existing and/or future signals being transmitted or received at the tower, including, but not limited to, high definition television signals, digital television signals, microwave, and short-wave radio signals. Licensee further shall ensure that neither the Antenna System nor the Transmission System interfere with the signal(s) of others who are, on the date of execution of this Agreement, using Licensor's tower (or the respective successors and assigns of such existing users). Licensee agrees at Licensee's expense to provide all filters, isolation traps and other electronic devices (which filters, traps, and devices shall be considered part of the Antenna System or Transmission System, as applicable, under this Agreement) which may become necessary to eliminate interference caused as a result of installation or use of Antenna System or Transmission System on the signals of others who are, as of the date of execution of this Agreement, already using Licensor's tower, if such interference is claimed. If the Antenna System or Transmission System shall interfere with the signal(s) of others, Licensee will cause such interference to cease within seventy-two (72) hours after written notice from Licensor. In the event interference is not corrected within seventy-two (72) hours after notification by Licensor, Licensee will cease all interfering activity immediately and Licensee shall not resume operation until the interference has been eliminated. Licensor shall ensure that its antenna(e) and transmission equipment installed after the date of this Agreement will not interfere with Licensee's existing signals being transmitted or received at the tower through the Transmission System, including, but not limited to, radio transmission of Licensee's signal, STL transmissions, microwave, and short-wave radio signals. Licensor agrees, at Licensor's expense, to provide all filters, isolation traps and other electronic devices which may become necessary to eliminate interference described in the previous sentence. In the event interference is not corrected within thirty (30) days after notification by Licensee, Licensor will cease all interfering activity immediately and Licensor shall not resume operation until the interference has been eliminated. 5 Licensee expressly acknowledges and agrees that if it modifies its Antenna System or Transmission System (or method of transmission) on or used in connection with the Premises following the initial installation of such facilities, then such modifications shall be subject to Licensor's approval and the foregoing provisions concerning interference with transmission and reception of signals shall apply to all users of the tower at the time such modification is effected, whether or not such parties were users of the tower on the effective date of this Agreement. The parties acknowledge that there will be occasions that require Licensor or the other occupants of the tower (or both), to reduce or terminate transmitter output power. Licensor and Licensee agree to cooperate with each other and other licensees on the tower to adjust transmitter output power in accordance with guidelines established from time to time by Licensor in order to facilitate the safe, efficient and timely (i) maintenance and repairs to be performed on the tower structure; (ii) installation of additional equipment on the tower by Licensor, Licensee or other users, including prospective users; (iii) maintenance of equipment on the tower owned by Licensor, Licensee or any other user(s) or prospective users. Licensor will provide as much advance notice of the need to adjust transmitter output power as practicable under the circumstances and reserves the right to do so by telephone or email. In any event, Licensor shall have the final say at any time as to the power level and operation of any radiating or transmitting equipment on the tower. Licensee shall have no claim or cause of action against Licensor or any other user(s) of the tower for any cost, expense, injury, business interruption, inconvenience or loss of revenue arising from a need to reduce transmitter output power to facilitate the above activities on the tower. X. CONSTRUCTION LIENS: Licensor's interest in the Premises shall not be subject to liens for improvements made by Licensee, and Licensee shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion or other estate of Licensor in the Premises as a result of improvements made by Licensee for any other cause or reason. Licensee acknowledges that such liens are expressly prohibited and that all persons performing work for Licensee must look solely to Licensee to secure payment for any work done or material furnished for improvements by Licensee during the term of this Agreement. Licensee must satisfy or bond over any such lien or claim of lien in a method as may be permitted by law within ten (10) days of the assertion of any such lien or claim of lien. Licensee shall advise all persons furnishing designs, labor, materials or services to the Premises in connection with Licensee's improvements thereof of the foregoing provisions. Licensee also hereby indemnifies and agrees to defend and hold Licensor harmless from any claim, loss, damage, cost, or expense (including reasonable attorneys' fees) arising as a result of Licensee's failure to pay for all such work, or arising as a result of the assertion of any such claim, and Licensee agrees that the indemnity provisions of this section shall survive termination of this Agreement. XI. EVENTS OF DEFAULT: The following events shall be deemed to be events of default by Licensee under this Agreement: (A) If Licensee fails to pay any installment of its license fees herein required when 6 due, or any other payment or reimbursement to Licensor required herein when due; provided, however, that the first such failure in any twelve (12) month period shall not be an event of default if the entire amount then due is paid in full within three (3) business days after receipt of written notice from Licensor to Licensee; or (B) If Licensee becomes insolvent, or makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; or (C) If Licensee files a petition under any section or chapter of the Federal Bankruptcy Code, as amended, or under any similar law or statute of the United States or any State thereof; or Licensee is adjudged bankrupt or insolvent in proceedings filed against Licensee; or (D) If a receiver or trustee is appointed for all or substantially all of the assets of Licensee; or (E) If any license issued by the Federal Communications Commission ("FCC") to Licensee used for the purposes of conducting Licensee's communications operations from the Premises shall be revoked or cancelled, or if FCC should fail to renew any such license; or (F) If Licensee fails to correct a violation of the provisions of Section IX within seventy-two (72) hours after written notice thereof to Licensee; or (G) If Licensee fails to comply with any other term, provision, condition or covenant of this Agreement, and does not cure such failure within thirty (30) days after written notice thereof to Licensee. XII. REMEDIES: Upon the occurrence of any such events of default described above, Licensor shall have the option to pursue any one or more of the following remedies: (A) Licensor may terminate this Agreement, in which event Licensee shall immediately surrender the Premises to Licensor, and if Licensee fails so to do Licensor may, without prejudice to any other remedy which it may have for possession or arrearages in license fees, enter upon and take possession of the Premises and expel or remove Licensee and its equipment and facilities or any part thereof without being liable for prosecution or any claim of damages therefor; and Licensee agrees to pay to Licensor on demand the amount of all loss and damage which Licensor may suffer by reason of such termination. (B) Licensor may enter upon the Premises without being liable for prosecution or any claim for damages therefore, and do whatever Licensee is obligated to do under the terms of this Agreement; and Licensee agrees to reimburse Licensor on demand for any expenses which Licensor may incur in thus effecting compliance with Licensee's obligations under this Agreement, and Licensor further agrees that Licensor shall not be liable for any damages resulting to Licensee from such action, except in the event of Licensor's gross negligence or willful misconduct. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other 7 remedies herein provided or any other remedies provided by law or in equity, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any license fees due to Licensor hereunder or of any damages accruing to Licensor by reason of the violation of any of the terms, provisions and covenants herein contained. No act or thing done by Licensor or its agents during the term hereby granted shall be deemed a termination of this Agreement or an acceptance of the surrender of the Premises, and no agreement to terminate this Agreement or accept a surrender of said Premises shall be valid unless in writing signed by Licensor. XIII. NON-EXCLUSIVE AGREEMENT: This Agreement is non-exclusive and Licensor reserves the right to license or lease space on its tower and in its transmitter building to others for like or similar purposes. XIV. ASSUMPTION OF RISK; DAMAGE OR DESTRUCTION: Licensee assumes all risk of damage or loss from fire, windstorm, condemnation, and other perils to Licensee's property or fixtures. In the event the Premises or any part thereof shall be damaged or destroyed by fire, windstorm, hurricane, earthquake or other perils or casualty, then, if any such damage renders all or a substantial portion of the tower or transmitter building unfit for the purpose intended, either Licensor or Licensee shall have the right to terminate this Agreement as of the date of such damage upon giving written notice to the other at any time within thirty (30) days after the date of such damage, in which event, if Licensee is not otherwise in default, Licensee shall be entitled to an immediate refund of any prepaid license fees. Licensor shall have no duty or obligation to repair or restore the tower or transmitter building and shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding and installing its equipment at an alternative site. In the event that this Agreement is terminated under the above conditions and subsequently Licensor chooses to restore the tower to working condition within the contract term of this Agreement and Licensee desires to continue this agreement, then Licensor agrees to be bound by this agreement for the remainder of the term. XV. CONDEMNATION: In the event that the Premises shall be taken or condemned for public or quasi -public use by legal proceeding or by a deed in contemplation of condemnation, this Agreement shall terminate as of the date of possession and shall be required by the condemning authority and Licensor shall be entitled to, and Licensee hereby re -licenses and assigns to Licensor, all rights to all awards made by the condemning authority in connection with such taking with the exception of any pre -paid license fees which shall be refunded immediately to Licensee. XVI. INSURANCE: Licensee agrees to pay for and keep in effect while this Agreement is in force, a general liability policy of insurance, naming both Licensor and Licensee as insured parties with single limit coverage of not less than One Million Dollars ($1,000,000) per accident and excess liability coverage of not less than Five Million Dollars ($5,000,000). Licensee's policy shall have a contractual liability endorsement for Licensee's obligations under this Agreement, including but not limited to, its obligations to indemnify Licensor under this Section XVI. Such 8 policy or policies shall be written by a good and solvent insurance company authorized to do business in the State of Texas and reasonably acceptable to Licensor. Each policy shall contain a provision that no modification or cancellation shall be effective unless Licensor is given at least thirty (30) days' prior written notice thereof. The original of each policy, or a true copy thereof, and a copy of the replacement of each expiring policy, shall be delivered to Licensor prior to Licensee's exercise of any rights under this Agreement in, on or about the Premises. Notwithstanding the foregoing, Licensee may elect to self -insure. If Licensee elects to self - insure, Licensor and Licensee shall maintain all rights and obligations between themselves as if Licensee maintained the insurance with a commercial insurer including any additional insured status, primary liability, waivers of rights of recovery, and any other insurance clauses required herein. Licensee shall pay from its assets the costs, expenses, damages, claims, losses and liabilities, including attorney's fees and necessary litigation expenses at least to the extent that an insurance company would have been obligated to pay those amounts if Licensee had maintained the insurance pursuant to this Section XVI. If Licensee elects to make any improvements or to perform any work on the tower or the Premises in connection with Licensee's rights and obligations hereunder, then, in addition to the foregoing, Licensee's general contractor(s) shall be required to carry a comprehensive liability policy or policies of insurance insuring Licensor against any liability whatsoever occasioned by accident on or about the Premises or any appurtenances thereto. Such policies shall also conform to such other requirements and shall contain such other provision, as Licensor may deem necessary to protect its interests as a result of the installation of any alterations or improvements. Each such policy shall be written by a good and solvent insurance company authorized to do business in the State of Texas and reasonably acceptable to Licensor and each such policy shall have single limit coverage of not less than One Million Dollars ($1,000,000) per accident and excess liability coverage of not less than Five Million Dollars ($5,000,000). The original policy or a true copy thereof shall be delivered to Licensor prior to the commencement of any work in, on or about the Premises. In addition, Licensee's general contractor shall also provide to Licensor, at the same time as the policy of liability insurance is due, evidence that such contractor has and maintains worker's compensation insurance in the amounts required by law. XVII. ASSIGNMENT: Licensee shall have no right to Transfer its rights under this Agreement in whole or in part, without the prior written notification to and consent of Licensor (and, if applicable, Licensor's or its parent company's lenders, to the extent required by any loan documents binding on Licensor or its parent). Consent to any one or more of such transfers or encumbrances shall not be deemed to waive Licensor's rights (or those of its parent company, and, if applicable, any lender) with respect to any future Transfer. Approval of an encumbrance shall not be deemed approval or permission for a transfer to occur without such consents in the event of default thereunder and the attempted enforcement by foreclosure or seizure of Licensee's Antenna System and Transmission System. Licensor may assign this Agreement in its discretion. As used herein, "Transfer" shall mean (i) any sale, conveyance, assignment, pledge, encumbrance, sublicense, or transfer of Licensee's interest in this Agreement; (ii) any lawful levy or sale of Licensee's interest in the Premises upon execution or other legal process; (iii) any assignment of this Agreement by operation of law; (iv) if Licensee is a partnership or limited liability company, the withdrawal or change, whether voluntary, involuntary or by operation of 9 law, of partners or members owning thirty percent (30%) or more of Licensee's capital and/or economic interests, or the dissolution of Licensee, or the sale of more than fifty percent (50%) in value of the assets of Licensee, or the merger of Licensee with any other entity; (v) if Licensee is a corporation, any dissolution, merger, consolidation or reorganization of Licensee, or the sale or other transfer of a controlling percentage of capital stock of Licensee, or the sale of more than fifty percent (50%) in value of the assets of Licensee; (vi) any transfer or assignment of an interest in the FCC license(s) by Licensee requiring FCC approval on FCC Form 314 or 315. The phrase "control" or "controlling percentage" as used in this paragraph means the ownership of, and the right to vote, stock or interests possessing more than fifty percent (50%) of the total combined voting power of all classes of Licensee's capital stock issued, outstanding and entitled to vote for the election of directors, or such lesser percentage as is required to provide actual control over the affairs of the corporation. Any Transfer or attempted Transfer of Licensee's rights under this Agreement without the prior written consent of Licensor, if applicable, its parent company, and, if applicable, any lenders, shall be void and shall constitute a breach of this Agreement. XVIII. RULES AND REGULATIONS: Licensee shall promptly perform and comply with all statutes, ordinances, rules, orders, regulations and requirements of the federal, state and municipal governments, and of any and all of their departments and bureaus having jurisdiction applicable to Licensee's equipment on the Premises, use of the Premises, and nuisances or other grievances in, upon or connected with such use during the term of this Agreement. Licensee shall obtain all licenses and permits required for its operation of equipment from or on the Premises, and shall pay all fees, charges, taxes and assessments, now or hereafter imposed, foreseen and unforeseen, that may be due, levied or assessed against Licensee, or its antenna(e), transmission equipment and property, or Licensee's business during the term of this Agreement. Licensee shall also pay any and all taxes and assessments that may be due, levied or assessed upon this Agreement, or that arise as a result of this Agreement. In addition, Licensee shall also pay, prior to the time the same shall become delinquent, all taxes and assessments of any nature whatsoever imposed by any governmental authority on: (A) all inventory, trade fixtures, personal property, and equipment owned by Licensee; and (B) all improvements installed upon the Premises during the term of this Agreement by Licensee or by Licensor on behalf of Licensee. Anything in this Section to the contrary notwithstanding, Licensee shall not be required to pay any income tax specifically payable by Licensor as a separate taxpaying entity without regard to Licensor's income sources as arising from or out of the execution of this Agreement. XIX. NOTICES: All notices, demands and requests given by either party hereto to the other party shall be in writing. All notices, demands and requests by Licensor to Licensee shall be deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, or by Federal 10 Express or other recognized overnight courier, addressed to Licensee at the following address: Corpus Christi Police Department Attn: Police Chief 321 John Sartain Street Corpus Christi, Texas 78401 or at other such address as Licensee may from time to time designate by written notice to Licensor, given as herein required. All notices, demands and requests by Licensee to Licensor shall be deemed to have been properly given if sent by United States registered or certified mail, postage prepaid, or by Federal Express or other recognized overnight courier, addressed to Licensor at the following address: KRIS -TV Attn: General Manager - Greg McAlister 301 Artesian St Corpus Christi, Texas 78401 or at other such address as Licensor may from time to time designate by written notice to Licensee, given as here in required. Notices shall be deemed given on the date of receipt or, if refused or unable to be delivered, on the date of first attempted delivery thereof. XX. ESTOPPEL CERTIFICATE, ATTORNMENT, SUBORDINATION AND RECORDING: Licensee acknowledges and agrees that this Agreement is and shall be subject and subordinate to any mortgage now existing or hereafter placed by Licensor upon the tower or the Premises. Within ten (10) days after the request by Licensor, Licensee shall deliver to Licensor, without charge or expense to Licensor, a written and acknowledged statement certifying, if true, that Licensee accepted possession of the Premises, that this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified, and stating the modifications), and the dates to which the license fees and other charges or deposits have been paid in advance, if any. It is intended that any such statement delivered pursuant to this section may be relied upon by any prospective purchaser or lender or the mortgagee, beneficiary, or guarantors of any security or interest, or any assignees of any such parties under any mortgage now or hereafter made by Licensor. XXI. ATTORNEYS' FEES: In any legal proceedings to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover costs and expenses, including reasonable attorneys' fees and paralegal fees. 11 XXII. BINDING EFFECT: Except as herein otherwise expressly provided, the terms and provisions hereof shall be binding upon and shall inure to the benefit of the successors and assigns of Licensor and Licensee, respectively. Each term and each provision of this Agreement to be performed by Licensee shall be construed to be both an independent covenant and a condition. The reference contained to successors and assigns of Licensee is not intended to constitute consent to assignment by Licensor, but as reference only to those instances in which Licensor may have given consent to a particular assignment. XXIII. GOVERNING LAW: Except as required by the Federal Communications Act, the validity, interpretation, and effect of this Agreement shall be governed by the laws of the State of Texas, excluding the "conflict of laws" rules thereof. XXIV. HAZARDOUS MATERIALS: Licensee shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept or used in or about the Premises or the tower by Licensee, its agents, principals, employees, assigns, sublessees, contractors, consultants or invitees without the prior written consent of Licensor, which consent may be withheld for any reason whatsoever or for no reason at all. If Licensee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or around the tower caused or permitted by Licensee (or the aforesaid others) results in contamination of the Premises or the tower or the surrounding area(s), or if contamination of the Premises or the tower or the surrounding area(s) by Hazardous Material otherwise occurs for which Licensee is legally, actually or factually liable or responsible, then Licensee shall fully and completely indemnify, defend and hold harmless Licensor (or any party claiming by, through or under Licensor) from any and all claims, judgments, damages, penalties, fines, costs, liabilities, expenses or losses including, without limitation: (i) diminution in the value of the Premises and/or the land on which the tower is located and/or any adjoining area(s) which Licensor owns or in which it holds a property interest; (ii) any asserted damage to neighboring properties or the occupants of such properties; and (iii) any sums paid in settlement of claims, attorneys' fees, consultants fees and expert fees which arise or arose before, during or after the term of this Agreement as a consequence of such contamination. This indemnification of Licensor by Licensee includes, without limitation, costs incurred in connection with any investigation or site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental urgency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the tower. Without limiting the foregoing, if the presence of any Hazardous Material on, under or about the Premises, the tower or the surrounding area(s) caused or permitted by Licensee (or the aforesaid others) results in any contamination of the Premises, the tower or the surrounding area(s), Licensee shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the tower and the surrounding area(s) to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Licensor's prior written approval of such actions by Licensee shall be first obtained. The foregoing obligations and responsibilities of Licensee shall survive the expiration or earlier termination of this Agreement. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and wastes listed in 12 the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq., as amended), the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, and all substances, materials and wastes that are or become regulated under any applicable local, state or federal law. "Hazardous Material" includes any and all material or substances, which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous substance" includes, but is not restricted to, asbestos, polychlorobiphenyls ("PCB's") and petroleum. Licensor and its agents shall have the right, but not the duty, to inspect the Premises at any time to determine whether Licensee is complying with the terms of this section. If Licensor is not in compliance with this section, Licensor shall have the right to immediately enter upon the Premises to remedy any contamination caused by Licensee's failure to comply, notwithstanding any other provision of this Agreement. Licensor shall not be liable for any interference caused thereby. Any non-compliance by Licensee with its duties, responsibilities and obligations under this section shall be an "automatic" (no notice of any nature from Licensor to Licensee being required) default of this Agreement by Licensee. XXVI. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, as long as the general intent and material benefits negotiated by each of the parties shall not be substantially diminished nor impaired, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. XXVII. EARLY TERMINATION; CONSEQUENTIAL DAMAGES: Licensor shall not have any liability or obligation to Licensee or anyone claiming under or through Licensee for any injury, loss of revenue, business interruption, inconvenience or cost of finding and installing its equipment at an alternative site due to an early termination of this Agreement by Licensor exercising its rights under the terms of this agreement. Licensor shall not be responsible for any incidental or consequential damages incurred by Licensee resulting from Licensee's use or Licensee's inability to use Licensor's tower or the Premises. XXVIII. ENTIRE AGREEMENT: This Agreement constitutes the full and complete understanding between the parties and supersedes all prior agreements and negotiations between the parties. This Agreement shall not be altered, amended or otherwise modified except by the express written agreement between the parties executed by each of the parties to this Agreement. XXIX. EFFECT OF WAIVER: No waiver by Licensor of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. Licensor's acceptance of the payment of the license fees, or a portion of the license 13 fees due, or other payments hereunder after the commencement by Licensor to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default or of Licensor's right to enforce any such remedies with respect to such default of any subsequent default. XXX. HEADINGS: The headings in this Agreement are solely for convenience of reference and shall not affect its interpretation. XXXI. JURY TRIAL IS WAIVED: Neither Licensor nor Licensee shall seek a jury trial in any lawsuit, proceeding, counterclaim, or any other litigation based upon, or arising out of this Agreement, any related instrument, any collateral or the dealings or the relationship between or among the parties, or any of them. No party will seek to consolidate any such action, in which a jury has been waived, with any other action in which the jury trial cannot or has not been waived. THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. XXXII. Counterparts; Scanned Copies: This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. The parties agree that a scanned or electronically reproduced copy or image of this Agreement shall be deemed an original and may be introduced or submitted in any action or proceeding as a competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. XXXIII. TIME OF ESSENCE: Time is of the essence in the performance of obligations contained herein. XXXIV. OPTION TO TERMINATE: Either party may terminate this Agreement prior to the end of the then current term by giving the other party six (6) months prior written notice. XXXV. NON APPROPRIATION: The continuation of this Agreement after the close of any fiscal year of Licensee, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of Licensee to determine whether to fund this Agreement. Licensee does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. XXXVI. DISCLOSURE OF INTERESTS: In compliance with Section 2-349 of the Corpus Christi Code of Ordinances, Licensor shall complete Licensee's Disclosure of Interests form, which is attached to this Agreement as Schedule C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this agreement. For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange 14 Commission Form 10-K is filed in lieu of Licensee's Disclosure of Interests form. XXXVII. CERTIFICATE OF INTERESTED PARTIES: Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 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/elfinfo_form1295.htm. The form must then be printed, signed, notarized and filed with the City of Corpus Christi. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html XXXVIII. CONFLICT OF INTEREST: Licensor 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 [Signatures on following page] 15 WITNESS the execution hereof by Licensor and Licensee as of the day and year first above written. LICENSOR: KRIS Communications, LLC By: Name: Title: 1:3—e A is r- tvIcer9er- LICENSEE: CITY OF CORPUS CHRISTI By: Name: Margie C. Rose Title: City Manager ATTEST: By: Name: Rebecca Huerta Title: City Secretary Date: APPROVED AS TO LEGAL FORM: By: Name: Buck Brice Title: Assistant City Attorney for City Attorney Date: Page 15 of 16 SCHEDULE A [Insert Land Description] KRIS -TV Transmitter 3.2 Miles South of Highway 44 on County Road 61 27° 44' 28" N 97° 36' 08" W 17 0 1 / ( 8 i 1 SCHEDULE B Equipment Location Diagram and Equipment List KRIS -TV TRANSMITTER 3.2 MILES SOUTH OF HIGHWAY 44 ON COUNTY ROAD 61 1 A 5 NOOG 18 Antenna description Bogner BMR12 Bogner BMR12 Bogner BMR12 DB Products DB -809 Cellwave PD -220 Cellwave PD -455 Mark Products 6' dish Mark Products 6' dish Equipment List Height (AGL) Police system 850 Police system 850 Police system 810 Police system 556 Community alert antenna 556 EAS Repeater 556 Police system 315 Police system 175 Lessee shall operate 15 transceivers on the following frequencies: Transmit 1 811.2375 Mhz Receiver 1 856.2375 Mhz Transmit 2 811.7125 Mhz Receiver 2 856.7125 Mhz Transmit 3 812.2375 Mhz Receiver 3 857.2375 Mhz Transmit 4 812.7125 Mhz Receiver 4 857.7125 Mhz Transmit 5 813.2375 Mhz Receiver 5 858.2375 Mhz Transmit 6 813.7125 Mhz Receiver 6 858.7125 Mhz Transmit 7 814.2375 Mhz Receiver 7 859.2375 Mhz Transmit 8 814.7125 Mhz Receiver 8 859.7125 Mhz Transmit 9 812.0875 Mhz 19 Receiver 9 857.0875 Mhz Transmit 10 809.7125 Mhz Receiver 10 854.7125 Mhz Transmit 11 809.9875 Mhz Receiver 11 854.9875 Mhz Transmit 12 810.4875 Mhz Receiver 12 855.4875 Mhz Transmit 13 810.9875 Mhz Receiver 13 855.9875 Mhz Transmit 14 810.7375 Mhz Receiver 14 855.7375 Mhz Transmit 15 812.4875 Mhz Receiver 15 857.4875 Mhz Additional equipment: From Shoreline to Violet Microwave Transmit Microwave Receive 2426 2474 20 City of Corpus Chnsti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION SCHEDULE C 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: ' R 1 5 s STREET ADDRESS: �r�-e S P.O. BOX: N CITY: (ICY- pt,A.-� r �S' i STATE: X ZIP: 1(g1+0 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 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 // 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 NI /A 21 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_Rer-sor j Title: Y�CCC c PG�7� t�Y1 DEFINITIONS Date: Co I ter - 1 -1 a. er- 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. "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. 22 US2008 12888726 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 11, 2017 Second Reading Ordinance for the City Council Meeting of July 18, 2017 DATE: TO: June 22, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Auto renewing Interlocal Agreement between the City and San Patricio County for the services of an Intoxilyzer technical supervisor CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. PURPOSE: By State Law, the Police Department Intoxilyzer instruments must be inspected and serviced by a State certified Intoxilyzer Technical Supervisor to ensure the findings are accurate and will hold up in court cases. BACKGROUND AND FINDINGS: The Police Department has intoxilyzer instruments located at the City Detention Center. In order for the results to be certified for court purposes, it is necessary for them to be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s) in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and/or CITY of service, respectively. 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: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 18,500 18,500 BALANCE Fund(s): Police Law Enforcement Trust Fund Comments: RECOMMENDATION: Staff recommends approving the interlocal agreement LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Resolution Authorizing the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas (City) and San Patricio County, Texas (County) whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. Be it Resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby authorizes the City Manager or designee to execute an Interlocal Agreement between the City of Corpus Christi, Texas and San Patricio County, Texas whereby City agrees to pay County $18,500 for a technical supervisor to service the Corpus Christi Police Department's Intoxilyzer (Breath Alcohol) Testing Equipment for 12 -month period beginning January 1, 2018 through December 31, 2018 with auto renewal and right to terminate with 90 days' notice. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL AGREEMENT SAN PATRICIO COUNTY AND THE CITY OF CORPUS CHRISTI ("Agreement") WHEREAS SAN PATRICIO COUNTY, Texas employs Marie Ann Montoya as a Technical Supervisor in its Intoxilyzer Program for the benefit of the law enforcement and prosecution agencies of said County in their enforcement of the driving while intoxicated laws of the State of Texas; and, WHEREAS the CITY OF CORPUS CHRISTI, Texas desires the continued use of the professional services of the said Marie Ann Montoya for the benefit of the law enforcement and prosecution agencies of said CITY in like enforcement of said laws, the Parties hereto enter into the following Agreement: 1. PARTIES The following local governmental entities are Parties to this Interlocal Agreement and the signatures of their authorized representatives below indicate acceptance of its terms: A. SAN PATRICIO COUNTY, Texas, ("COUNTY") acting by and through its Commissioners' Court; and B. The CITY OF CORPUS CHRISTI, Texas, ("CITY") acting by and through its City Council. 2. INTENT It is the intent of the Parties to enter into an Agreement as provided in the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The subject of the Agreement, providing the services of an Intoxilyzer Technical Supervisor as an adjunct of the law enforcement responsibility of the Parties, is a function within the contemplation of the Act and one which each Party is authorized to perform independently, irrespective of this Agreement. 3. TERMS OF AGREEMENT This Agreement shall be in effect for the period beginning on January 1, 2018 and ending at midnight on December 31, 2018, unless terminated by one or both Parties. The term of the Agreement shall be automatically renewed for subsequent twelve (12) month periods, subject to the termination provisions contained herein. Either Party may terminate its participation in the Agreement by giving the other Party ninety (90) days' notice, in writing, of such termination. Anything in this Agreement to the contrary notwithstanding, CITY shall not be relieved of its obligation to pay COUNTY when due all amounts which accrued prior to such termination. The CITY shall pay COUNTY an amount of Eighteen Thousand Five Hundred and no/100 Dollars ($18,500.00) per twelve-month period for the above-described services of the said Technical Supervisor. Subject to the termination provisions contained herein, and subject to 1 annual appropriations by the City Council, such payments will become due on December 31, 2018 and shall be paid thereafter on the last day of December of each succeeding year. The CITY shall make annual payment by check in one lump sum of Eighteen Thousand Five Hundred and no/100 Dollars ($18,500.00) and shall be received by COUNTY not later than January 15, 2019 and thereafter on the 15th day of January of each succeeding year. A late fee of $50.00 per day will be charged if the annual payment is not received by COUNTY by its due date. Payment will be delivered to the following address by certified mail, postage pre -paid, and effective five days after mailing or upon personal delivery. The check shall be made payable to "San Patricio County" and delivered or mailed to 400 West Sinton Street, Room 109, Sinton, Texas 78387. 4. PERSONNEL Marie Ann Montoya, a trained toxicologist, is certified as a Technical Supervisor by the Texas Department of Public Safety. She is employed by COUNTY as administrator of that County's Intoxilyzer Program. The salary of Marie Ann Montoya is determined by the COUNTY' S Commissioners' Court and shall be included in the budget of said COUNTY. In the event that Marie Ann Montoya should become disabled, her employment be terminated, or she is otherwise rendered unable to perform the services contemplated by this Agreement, the Parties may terminate this Agreement or negotiate for further services to be performed by another qualified individual. Termination under this Section, or Section 3 above, shall not affect obligations incurred by the Parties before the Agreement was terminated. All funds due or collected pursuant to this Agreement shall be pro -rated to the day of termination of this Agreement and shall be paid or refunded as necessary to effect the purposes hereof. 5. DUTIES OF THE PARTIES The Intoxilyzer instrument(s) in CITY shall be inspected and serviced at least once a month. The Technical Supervisor shall keep a record of such services as required by law and be available to testify as a witness with reference to said instrument(s) in the courts of Nueces County. The Technical Supervisor shall keep a record of all professional duties and services performed in her official capacity. The record shall include time spent performing each duty for the COUNTY and/or CITY of service, respectively. The Technical Supervisor shall prioritize competing demands for services in the order of official notification at the address and telephone number provided by the Technical Supervisor. The CITY POLICE DEPARTMENT shall provide all consumable items and extraordinary repairs required to operate their breath alcohol testing program. 6. NON -EXCLUSIVITY COUNTY has established a cost-sharing relationship with the CITY concerning the services of a Technical Supervisor. COUNTY reserves the right to enter into interlocal 2 agreements with other governmental entities similar to the Agreement hereby established and nothing herein shall be construed as a limitation thereof. 7. GOVERNING LAW AND VENUE This Agreement will be construed under and in accordance with the laws of the State of Texas and venue for any dispute or litigation between the Parties will be San Patricio County, Texas. 8. ACCEPTANCE AND APPROVAL This Agreement and all obligations hereunder shall not be binding on the Parties until approved by the respective Commissioners' Court and/or City Councils by majority vote on motions reflecting the entire term of this Agreement. Said approval shall be entered in the minutes and attested below by the clerks of the respective Courts. APPROVED by resolution of the City Council of Corpus Christi, Texas, on the day of ,20 . CITY OF CORPUS CHRISTI, TEXAS Margie C. Rose, City Manager ATTEST: Rebecca L. Huerta, City Secretary Legal Form Approved , 20 Buck Brice, Assistant City Attorney for City Attorney APPROVED by resolution of the Commissioners' Court of San Patricio County, Texas, on the day of , 20 . SAN PATRICIO COUNTY, TEXAS Terry Simpson, County Judge ATTEST: Gracie Alaniz-Gonzales, County Clerk 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting July 18, 2017 DATE: June 12, 2017 TO: Margie C. Rose, City Manager FROM: Clarence Wittwer, Director of Water clarencew@cctexas.com 361-826-1874 Dan Grimsbo, Interim Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Interlocal Agreement for Storm Water Debris Study CAPTION: Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University — Corpus Christi for a storm water floating debris study PURPOSE: This item is to approve the Interlocal Agreement with Texas A&M - Corpus Christi (TAMU- CC) for a storm water floating debris study. BACKGROUND AND FINDINGS: The TCEQ Municipal Separate Storm Sewer System (MS4) Permit requires the City of Corpus Christi to implement a program to reduce the discharge of floatables (e.g. litter and other human generated solid refuse) into the MS4. As part of a multi -faceted approach, the Water Utilities Department will coordinate with Texas A&M University — Corpus Christi Coastal Health & Water Quality Lab to place floating booms in storm water outfall locations to collect floatables after rainfall events. TAMU-CC will collect, sort, weigh, classify and dispose of floatables and provide the City of Corpus Christi with the data collected. The project plan has complied with City Code of Ordinances Part 11, Section 12-2 — Placing obstructions in Corpus Christi Bay and has received authorization from Texas General Land Office, U.S. Army Corp of Engineers, and U.S. Coast Guard. There will be no cost incurred by the City of Corpus Christi for this project. ALTERNATIVES: Use City of Corpus Christi resources and funding to better understand how to improve management of floatables. 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: Utilities Department - Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution Resolution authorizing the City Manager to execute an Interlocal Agreement with Texas A & M University — Corpus Christi for a stormwater floating debris study WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; NOW, THEREFORE, 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 execute an Interlocal Agreement with Texas A & M University- Corpus Christi for a stormwater floating debris study. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY - CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI REGARDING TAMU-CC STORMWATER FLOATING DEBRIS STUDY WHEREAS, Texas A & M University - Corpus Christi ("TAMU-CC) and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, TAMU-CC has requested permission to install temporary collection systems in Corpus Christi Bay and Oso Creek in order for TAMU-CC to collect data on stormwater floating debris after storm event; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The City of Corpus Christi grants permission to TAMU-CC to install TAMU- CC owned and operated stormwater floating debris collection systems in Corpus Christi Bay and Oso Creek to be used by TAMU-CC to study stormwater floating debris, all as further described in Exhibit A. 2. STATEMENT OF WORK. TAMU-CC will perform its collection system deployment and stormwater floating debris study as outlined in Exhibit A, as generally described as follows. TAMU-CC agrees to: A. Install stormwater floating debris collections systems at three locations (2 in Corpus Christi Bay and 1 on Oso Creek at locations identified in Exhibit A) that will collect floating stormwater debris. The collection systems will be installed approximately 2-3 days prior to an anticipated storm event, with collection of the debris and removal of the collection systems within 24 to 48 hours after discharge has ceased. B. Obtain any required permits prior to installation of the collection systems. C. Collect and analyze the types and amounts of stormwater floating debris. D. Share data results with the City of Corpus Christi. E. Provide notice to the Texas General Land Office, Corpus Christi Director of Utilities or designee, and the US Coast Guard prior to installation of the collection systems in Corpus Christi Bay or Oso Creek. F. Mark each collection system with signage explaining the study and a TAMU-CC contact. G. Affix lighting in a manner that warns mariners of the configuration of the deployed boom. Page 1 of 6 H. Remain solely responsible for design and operation of the TAMU-CC stormwater floating debris collection system. I. Properly dispose of the floating debris collected during the study. J. Defend and hold harmless the City of Corpus Christi including its officers and employees for any damages or claims arising out of TAMU-CC activities under this agreement. 3. PERIOD OF PERFORMANCE. This agreement shall be effective from the latest date of signatures below and continue for one year unless earlier terminated in accordance with Section 5 below. 4. EXPENDITURES OF REVENUES. A. Each party agrees to be responsible for costs relating to its respective activities under this agreement and acknowledge that all expenditures under this agreement shall be paid with current revenues of the paying party. B. The parties acknowledge that continuation of this agreement beyond City's current fiscal year is subject to annual budget process and appropriation of funds. 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 30 days' written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University — Corpus Christi Attn: Office of Sponsored Research 6300 Ocean Dr Corpus Christi, Texas 78412 CITY City of Corpus Christi Attn: Storm Water Division P.O. Box 9277 Corpus Christi, TX, 78469 Page 2 of 6 T. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 8. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and Texas A & M University- Corpus Christi agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Texas A&M University — Corpus Christi By: Name: L Title: Date: 44`4) Page 3 of 6 CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO FORM: This 1)-- day of 2017 Lisa Aguilar, ssistant City Attorney For City Attorney Page 4 of 6 EXHIBIT A [Insert the Proposed Scope of Work as provided by TAMU-CC Assistant Professor Conklei (Next 4 pages) Page 5 of 6 Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. Quantifying Plastic Debris Loading and Accumulation in Corpus Christi Bay to Improve Stakeholder Awareness Project Director Jeremy L. Conkle Assistant Professor Texas A&M University Corpus Christi (361) 825-2862 jeremy.conkle@tamucc.edu conklelab.tamucc.edu Background Corpus Christi is nicknamed the "Texas Riviera" or the "Sparkling City by the Sea," with Corpus Christi Bay being the centerpiece of this city. Unfortunately, Corpus Christi Bay is beginning to develop a reputation for its ubiquitous trash/plastic debris and littered shorelines. (See "All the Cups" on YouTube: https://www.youtube.com/watch?v=LhIBSOITYdQ.) This "reputation" could have economic consequences in the broader region, with $1.5 billion and $5.4 million in local revenues tied to nature tourism and fisheries (respectively). It has also been documented that plastics in marine environment are harmful to fisheries and, sea turtles, birds and marine mammals. Unfortunately, this problem is not unique to Corpus Christi. Plastic debris estimates in the ocean are at 268,000 tons and 4.8-12.7 million tons loaded annually. The fate of plastic debris is also largely unknown. Estimates for total annual plastic loading4 do not match observed concentrations. The first step in understanding the problem locally is quantifying its scale and studying sources. This project will quantify and qualify (types, sources, sizes) plastic debris (i.e., polyethylene terephthalate, polyethylene, polypropylene, polystyrene, etc.) loading within Corpus Christi Bay. Storm Water Sampling Design Sampling of floating debris in storm water effluent at 3 sites (Figure 1) will be conducted using harbor class booms. This floating debris collection system will be deployed from the shore (using skiffs when necessary) 2-3 days prior to storm event and the debris collected and booms will be removed within 24 to 48 hours after discharge has stopped. We anticipate sampling 4-6 storm events at each site, but the current La Nina is expected to produce drier weather in the region, resulting in below average rainfall during the study period. Booms in Corpus Christi Bay (Louisiana and Annapolis storm water basins) will be anchored to the shoreline and extend out 100 to 250 feet (depending on preliminary Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. testing) from the discharge. Oso Creek storm water samples will utilize a boom that is placed across the creek just upstream from the Staples Street bridge. Collected plastic debris will be collected with dip nets, placed in heavy duty trash bags and transported back to the TAMUCC campus. The debris will be allowed to dry before being weighed, sorted and characterized. After processing, debris will be re - bagged and discarded in TAMUCC dumpsters. Boom Design & Deployment The floating debris collection system will be developed using standard harbor class oil spill response boom extending 100 to 250 feet (depending on preliminary testing) into the bay from the shoreline in an open trapezoidal configuration (Figure 1). This configuration will allow potentially strong discharge currents to flow under the boom while capturing floating debris. Longshore currents in Corpus Christi Bay will also require that the deployed boom system be long enough to diffuse currents from various directions. This concern will be assessed during boom deployment, but it is expected that the proposed 100 to 200 feet of boom will be sufficient. By keeping the boom length less Annapolis Storm Water Outfall (Ropes Park) Oso Creek Storm Water Colle Figure 1. Potential storm water sampling sites. Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. than 200 ft, they will remain in shallow, near shore waters and should not hinder navigation. The harbor class booms to be used in this study have the following characteristics: • 18 -inch plastic skirt that extends into the water column • Yellow or orange color, making them easily visible from shore • Boom will be in shallow water and will not be lighted at night • 8 -inch foam flotation chamber with 6+ inches of freeboard • Chain ballast • Cable (steel or aramid) top tension member • Either Universal or Z -Type end connectors On shore, booms will be anchored on each side of the outfall. Shore anchors will be established by tying off to existing rocks or other suitable fixed anchor points, or with temporarily placed T -posts driven into the sand. In the bay, the trapezoidal shaped apex (bay side collection area) of the boom will be secured with a standard anchor systems (Figure 2) consisting of: • 20 pound Danforth Anchors • Trip line with small floats • Anchor chain • Anchor lines 5 to 7 times the depth of the water in length. Where additional holding strength is required to stabilize the boom due to waves and current, a tandem anchor system will be employed. A second anchor and chain will be positioned in-line between the trip line and the hilt of the first anchor. All anchors will be removed when booms are collected after each storm event (24 to 48 hours). In Oso Creek, boom deployment must consider streamflow. T -posts will be boom trip (P marker buoy used in the muddy banks of Oso Creek to establish a V-shaped collection point for floating debris. The apex of the "V" will be along the bank just upstream of the Staples Street Bridge if safe and adequate access can be assured. The boom will angle upstream across the streamflow at an angle sufficient to allow the water to flow under the boom while collecting the floating debris at the apex. Boom is not intended to capture floating materials when there is a current greater boual buo, Figure 2. Boom anchoring system. Proposed scope of work for the collection of plastic debris/floatable in storm water discharges around Corpus Christi. than 0.5 m sec -1 under the boom unless a deflective angle is established. If the current is 1 m sec -1 the boom angle across Oso creek will be established at 45°. There is no navigation or other passage in this area. This boom collection strategy has been developed based on knowledge and experience collecting floating oil, but it is anticipated that target materials (plastics, Styrofoam and organic debris) of this study will behave in a similar manner. This should afford the opportunity to capture, characterize, and quantify these materials. Excessively Targe wind, waves, or current flows could have an adverse impact on the boom performance Additionally, slightly or neutrally buoyant materials like plastic bags or grass clippings may entrain easier and might not be collected. These potential issues will be considered when interpreting the results of our study. Safety During boom deployment, installation and sample collection all researchers will wear Coast Guard approved personal flotation devices, safety glasses, closed -toed shoes and pants and will always work in pairs. During sample collection, researcher will also wear nitrile gloves so that in the event biological materials (dead animals, feces, etc.) is encountered exposure to pathogens is minimized. Involvement by the City of Corpus Christi The Coastal Health & Water Quality lab run by Dr. Conkle at TAMUCC will be leading the project. He will work with the Crystal Ybanez, Environmental Services Superintendent for the City of Corpus Christi to ensure that all research activities follow local ordinances. During boom deployment, we will invite Crystal and colleagues from the city to observe installation activities and to ascertain that approved anchoring and marker buoys are used. A major goal of this study is to inform policy and decision makers regarding storm water management and the debris storm water transports into local surface waters. Upon completion of this project, all data and results will be delivered to the Coastal Bend Bays and Estuaries Program and the City of Corpus Christi to ensure that this work benefits our community. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Security Access Control System Maintenance and Repair Services for Utilities Department CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with Total Protection Systems, Inc. of Corpus Christi, Texas to provide continuation of maintenance and repairs to the building access security system for various Utilities department locations, to include access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for an estimated expenditure not to exceed $34,900.00 of which $8,725.00 has been budgeted in the Water Fund for FY2016-2017. The term of the agreement is for one 12 -month period with an option to extend for up to two additional 12 -month periods at the sole discretion of the City. PURPOSE: The purpose of this agreement will provide continuation of maintenance and repairs to the building access security control system and provide enhanced safety and security. BACKGROUND AND FINDINGS: The City has installed building access security system for various facilities requiring controlled access to the buildings. The Security System provides for access control through card readers, with intercoms and camera monitoring at various locations, and general area monitoring at the front gate and parking lot at various locations. Total Protection Systems has installed the existing security access control system and is considered a sole source provider due to proprietary system compatibility requirements. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $2,535,967.18 $26,175.00 $2,562,142.18 Encumbered / Expended Amount $1,344,548.11 $0.00 $1,344,548.11 This item $8,725.00 $26,175.00 $34,900.00 BALANCE $1,182,694.07 $0.00 $1,182,694.07 Fund(s): General Fund Comments: The initial contract term total is $34,900.00, of which $8,725.00 is funded in FY2016-17. The total estimated contract value will be $104,700.00 if all options years are executed. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer: Lydia Juarez PRICE SHEET SECURITY CONTROL SYSTEM MAINTENANCE AND REPAIR for UTILITIES DEPARTMENT Total Protection Systems, Inc. Corpus Christi, Texas ITEM DESCRIPTION Unit QTY UNIT PRICE EXTENDED PRICE 1 Security Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 200 HR $95.00 $19,000.00 2 Security Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $142.50 $1,425.00 3 IT/Program Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 50 HR $115.00 $5,750.00 4 IT/Program Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $172.50 $1,725.00 5 Parts/Material 1 7,000 7,000 $7,000.00 TOTAL $34,900.00 SERVICE AGREEMENT NO. 1240 Security Access Control Maintenance and Repair Services for Utilities Department THIS Security Access Control Maintenance and Repair Services for Utilities Department Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Total Protection Systems, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Security Access Control Maintenance and Repair Services for Utilities Department in response to Request for Bid/Proposal No. 123 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Security Access Control and Maintenance and Repair Services for Utilities Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $34,900.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: 361-826-1649 Email: joannam©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts/Funds Administrator, Utilities Treatment Address: 2726 Holly Rd. Corpus Christi, TX 78415 Fax: 361-826-1715 IF TO CONTRACTOR: Total Protection Systems, Inc. Attn: Linda L. Donnell Title: C.E.O Address: PO Box 270837 Fax:361-289-1688 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: L c.. Printed Name: Linda L Donnell Title: C.E.O. Date: 6/7/17 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. NA Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A- SCOPE OF WORK General ReauirementsJBackground information The City has installed building access/security system for various facilities requiring controlled access to the buildings. The Security System provides access control through card readers, with intercoms and camera monitoring at some locations, and general area monitoring at the front gate and parking lot at some locations. Contractor shall provide maintenance and/or repair for the building access/security system to Water, Wastewater, Stormwater, and Gas divisions to include, access readers, gates, video monitors, alarm panels, and any additional security hardware and supporting infrastructure for the system. Scope of work A. Service Requirements: a. The Contractor must be available to provide services between the hours of 7:00 a.m. and 7:00 p.m.. Monday through Friday. on an as needed basis. b. The Contractor shall receive work order request(s) and return phone request within 1 hour of a call being placed by the Utilities Department. c. The Contractor shall be on site within 4 hours of receipt of work order request(s). d. The Contractor shall repair/correct the deficiency within 24 -hours of arrival on site and perform inspection to ensure operational functionality. e. Service repairs shall include any and all issues that may arise with the Building access/security system. f. At time of completion. report back to the requester and provide the source of failure. g. All parts used for any repair shall be new and unused. B. Service requests are to be accepted by the following authorized personnel: a. Contract Administrator b. Work Coordinator c. ON Stevens Personnel C. Contractor shall provide a quote for major repairs/service, defined as exceeding $1,000.00. A I quotes shaft include labor, parts, travel and any other costs associated with the work performed_ D. Ail repairs shall be completely documented by the Contractor. A copy of each wort order or repay stip wfil be provided to the personnel on site and shall include the following: a. Ste location b. Description of the repair/service c. List of material replaced d. Start time, end time, and total hours. Work Site and Conditions The work shaft be performed at the following locations: # Location Address 1 Broadway WW Treatment Plant 945 Resaca 78402 2 Oso WW Treatment Plant 501 Nile Dr. 78412 2 Greenwood WW Treatment Plant 1541 Saratoga Blvd. 78415 3 Allison WW Treatment Plant 4101 Allison Rd. 78410 4 Laguna WW Treatment Plant 201 Jester St. 78418 5 Whitecap WW Treatment Plant 13500 Whitecap 78418 6 Pump Station 301 Kinney St./Power St. 78401 7 Pump Station 1218 N. Water 78407 8 Various WW Lift Stations City Wide 9 Utilities Building 2726 Holly Rd. 78415 10 O.N. Stevens Water Treatment Plant 13101 Leopard St. 78410 11 Wesley Seal Dam County Rd. 365 78383 Sandia, TX 12 Choke Canyon Dam 150 South Park Road 78071 Three Rivers, TX 13 Gas Building 4225 S. Port Ave. 78415 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM 1. Refer to Contract Terms and Conditions before completing bid. 2. Quote your best price, including freight, for each item. 3. In submitting this bid, Bidder certifies that 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. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Security Labor -Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 200 HR $95.00 $19,000.00 Security Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-11:59PM 10 HR $142.50 $1,425.00 IT/Program Labor- Normal Working Hours M -Th 8:OOAM-5:15PM, Fri 8:OOAM-2:45PM 50 HR $115.00 $5,750.00 IT/Program Labor- After Hours M -Th 5:16PM-7:59AM, Fri 2:46PM-1 1:59PM 10 HR $172.50 $1,725.00 Parts/Material 1 $7,000.00 $7,000.00 $7,000.00 TOTAL $34,900.00 COMPANY: Total Protection Systems, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Linda L Donnell ADDRESS: PO Box 270837 CITY / STATE/ZIP CC. Tx. 78427-0837 PHONE: 289-2788 EMAIL: Id@totalprotection.com FAX: 289-1688 DATE: 6/7/17 SIGNATURE: J i L T�enara1! ((7). TITLE: C.E.O. THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page lof 1 RFQ Revised 12.6.16 Attachment C-Insurance/Bond Requirements I. CONTRACTOR' S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City' s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor' s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements Utilities Security_ Access System 11/28/2016 my Risk Management Attachment D- Warranty Requirements Warranty on all labor shall be 90 days or better. Warranty on materials shall be 365 days or better. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-220331 Date Filed: 06/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Total Protection Systems, 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 Utilities 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. 1240 Security Access Control Maintenance & Repair Service Agreement Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX Sworn 20 L 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ! i �^j/J1Y P� A* CANDY LYNN MARROU My Commission Expires V,�1�Y December 22, 2018 --1---, ,%Signature of auth zo int ed agent of contra` ing business entity 0O ntie€ , this the ` f day of JILn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said '- i''t 0 °- 7 , to certify which, witness my hand and seal of office. i(r(' `,6t) H / E -d L/ a i i Pt, Mil) L s`S ,(10 q Signature oi)officer administering oath Printed name of officer administering oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: June 21, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Executive Director of Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Corpus Christi Aquifer Storage and Recovery Feasibility Study (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of $950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for Total Base Bid plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: CIP Description: Corpus Christi Aquifer Storage and Recovery Feasibility Study Aquifer storage and recovery (ASR) is a long-term water supply strategy to effectively integrate the City's regional water supply system to achieve long-range water planning goals. The scope of investigation and analysis for this ASR feasibility study includes the following work elements: • Conduct an exploratory test drilling program (up to three exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites; • Perform geochemical analysis to determine the compatibility of treated source water for storing within the native aquifer setting; • Develop a field scale groundwater model to simulate storage and recovery operations; • Evaluate ASR operating policy considerations; and • Prepare and submit a technical report and electronic presentation to the Texas Water Development Board summarizing the findings of District feasibility study. Project Scope: In 2005, the Corpus Christi Aquifer Storage and Recovery Conservation District (District) was established to protect the groundwater resources within the City limits that represent the District service area. One of the goals of the District is to investigate the feasibility of and potentially develop an aquifer storage and recovery project for the service area. In 2009, the District completed a proposed five-year plan that identified studies needed to identify potential operational issues and gain confidence in developing a successful ASR program. In July 2016, the City and District accepted a Texas Water Development Board grant in the amount of $433,388 to conduct an ASR Feasibility Study within the District service area. In July 2016, the City awarded an Architect/Engineer contract to HDR Engineering to provide Corpus Christi ASR Feasibility Study which is aligned with tasks identified in the District's five- year plan and recent findings from a District study completed in January 2016. The investigation of ASR feasibility within the District is a sound investment and important for the following reasons: • Promoting diversification of regional water supplies; • Providing cost-effective regional water supplies to meet competing demands; and • Improving system operations and reduce annual operating costs. As one of the key tasks of the ASR Feasibility Study, the City needs to contract a qualified water well driller to conduct an exploratory test drilling program (up to three exploratory boreholes) to collect hydrogeological and geochemical parameters that can be used to characterize a potential ASR system at the selected sites. The project scope includes: Base Bid: • Initial evaluation (Phase I) Drilling a 9-7/8 inch diameter borehole or less and completing downhole geophysics and lithology classifications to a depth of 1,200 feet at a minimum of three test site locations; • Expanded evaluation (Phase II) Drilling three separate boreholes (a maximum depth of 1,200 feet for each) adjacent to Phase I locations to carry out core -barrel soil coring, interval pumping tests, and water quality sampling up to three, 150 -foot -thick intervals within each borehole Additive Alternate: • Provide and install permanent monitoring well in Phase I and Phase II Boreholes • Drilling alternative Phase I and Phase II borehole if one of Phase I boreholes cannot provide good geophysics results On May 10, 2017, the City received proposals from four (4) bidders and the respective bids were as follows: CONTRACTOR BASE BID ADDITIVE ALTERNATE NO. 1 TOTAL BASE BID PLUS ADD. ALT. NO. 1 Unison Drilling, Inc. Devine, Texas 637,776 244,619 882,395 Felder Water Well & Pump Service LLC Angleton, Texas 776,340 174,400 950,740 Layne Christensen Company Houston, Texas 1,251,131 437,859 1,688,990 Cory L. Miller dba C. Miller Drilling Winnsboro, Texas 1,494,777 220,375 1,715,152 Engineer's Opinion of Probable Construction Cost (Base Bid) 882,395 Unison Drilling, Inc. (Unison) was the apparent lowest bidder, Felder Water Well & Pump Service LLC (Felder) was the apparent second lowest bidder. The City's Consultant, HDR Engineering, reviewed the experience and qualifications of the bidders and found that Unison failed to demonstrate comparable -type experience on similar sized projects per the requirements of bidding documents. Based on Unison's failure to demonstrate the required experience, Unison's bid has been deemed non-responsive. Felder expressed significant experience with comparable -type projects and proficiency in executing similar projects. In addition, HDR Engineering contacted selected project references and received favorable feedback for Felder. Felder is the lowest responsive and responsible bidder; therefore, City staff recommends the project be awarded to Felder. Based on a review of Felder's experience and resources, Felder is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 1,857,708 1,857,708 Encumbered / Expended Amount 626,800 626,800 This Item 950,740 950,740 Future Anticipated Expenditures This Project 247,959 247,959 BALANCE 32,209 32,209 Fund(s): Water Supply CIP #7 Comments: This project requires approximately 166 days for construction with anticipated completion by February 2018. The construction contract will result in the expenditure of an amount not to exceed $950,740. RECOMMENDATION: City Staff recommends approval of a construction contract with Felder Water Well & Pump Service LLC of Angleton, Texas in the amount of $950,740 for the Corpus Christi Aquifer Storage and Recovery Feasibility Study for the Total Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Corpus Christi Aquifer Storage and Recovery Feasibility Study FUNDS AVAILABLE: Water Operating $325,000 Texas Water Development Board Grant 433,388 Raw Water Supply Development Fund 1,099,320 TOTAL FUNDS AVAILABLE $1,857,708 FUNDS REQUIRED: Construction 1,045,814 Construction (Felder Water Well & Pump Service LLC) THIS CONTRACT 950,740 Contingency (10%) 95,074 Design and Testing• 676,800 *Original (HDR Engineering, Inc.) 601,980 Amendment No. 1 (HDR Engineering, Inc.) - Amendment No. 2 (HDR Engineering, Inc.) 24,820 Laboratory Testing Estimate (TBD) 50,000 Reimbursements. 102,885 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 37,154 Engineering Services (Project Mgmt/Constr Mgmt) 55,731 Misc 10,000 TOTAL $1,825,499 ESTIMATED PROJECT BUDGET BALANCE $32,209 *Contract approved by City Council on July 26, 2016 by Ordinance No. 030902 4 E1 1074 3161 2250 eCeS881 g rl /H,3, 5 m E a a St8 m FM -44 .1,078-2) Texas State Aquarium Q PROJECT LOCATION Corpus Christi Agnes St 0 Corp Christi sA1 ernational Airport 55A 665 2292 LEGEND ❑Most Favorable Area for ASR (Preliminary) 0 Priority Test Sites 0 Alternate Test Sites 1 s :A 1 763 49A 43 LOCATION MAP NOT TO SCALE sorer` o�0 Project Number: E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES w~• Corpus Chr sti Engineering Corpus Christi Aquifer Storage and Recovery Feasibility Study Council Presentation July 11, 2017 Project Location tH 37 Corpus Christi Aquifer Storage, State Aquanumo and Recovery Feasibility Study FM -44 s' CClA corpus Christ sv. - O Hernationai Airport LEGEND DMost Favorable Area for ASR (Preliminary) 0 Priority Test Sites O Alternate Test Sites m 0 0 Corpus Christi Agnes St Sart ogle,1fa Corpus Chr sti Engineering 2 Project Vicinity Corpus Chr'sti Engineering Corpus Christi Aquifer Storage and Recovery Feasibility Study !Agnes St! LEGEND DMost Favorable Area for ASR (Preliminary) 0 Priority Test Sites 0 Alternate Test Sites Project Scope Corpus Chr sti Engineering 1. Initial evaluation (Phase I) • Drill boreholes at minimum of three test site locations • Downhole geophysics and lithology classifications to a depth of 1,200 feet 2. Expanded evaluation (Phase II) • Drill borehole adjacent to Phase I location to maximum depth of 1,200 feet • Core -barrel soil coring • Interval pumping tests (Step, constant rate test, and recovery monitoring) • Water quality sampling for up to three intervals 1 Project Schedule Corpus Chr sti Engineering 2017 2018 APR MAY JUN JUL Bid & Award AUG SEP OCT NOV DEC JAN FEB Construction Project Construction Estimate: 166 Days Schedule reflects City Council construction award in July 2017 with completion planned by February 2018 hdrinc.com ERZ June 20, 2017 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: A/E Recommendation for City of Corpus Christi Consideration for Driller Selection to Support Ongoing Corpus Christi Aquifer Storage and Recovery Feasibility Study (E16265) Dear Mr. Edmonds: In July 2016, the City of Corpus Christi accepted a grant from the Texas Water Development Board and appropriated funding to support the Corpus Christi Aquifer Storage and Recovery (ASR) Feasibility Study (E16265) for a total project of $1,857,708 which includes drilling services pursuant to TWDB Contract No. 1600011956. We have reviewed the bids from four (4) bidders, which were opened on May 10, 2017, for exploratory testing and drilling services. Please find enclosed a copy of the Tabulation of Bids summarizing the proposed bids from each of the four (4) bidders. A Statement of Experience was requested from the three low bidders. At the City's request, HDR used the following criteria to evaluate bids, in accordance with 00 21 13 -INVITATION TO BID AND INSTRUCTIONS TO BIDDERS, 00 30 00 -BID ACKNOWLEDGMENT FORM, and 33 21 31 -GRAVEL PACK WELLS specifications from bid document issued March 28, 2017: • Bid price, included balance of unit price items • Statement of Experience • Demonstrated experience of bidder for comparable -type projects (per 00 45 16- ARTICLE 2.06) • Evidence of bidders capacity to perform minimum requirements to complete work (per 00 45 16- ARTICLE 1 and 00 21 13- ARTICLE 14) A detailed review of the written materials provided by the three lowest bidders was conducted by HDR, which included supplemental information provided by bidders at HDR request to enhance or supplement information provided in the Statement of Experience (per 00 45 16- ARTICLE 1.01). Additional information was received by bidders on June 13, 2017 to clarify our understanding of their experience related to scope of work items. 4401 West Gate Blvd., Suite 400, Austin, TX 78745 T 512.912.5100 F 512.912.5158 Texas Registered Engineering Firm F-754 Mr Jeff Edmonds, P.E. June 20, 2017 Page 2 HDR evaluated the Bidders' demonstrated experience: (1) completion of water wells in the Gulf Coast Aquifer, (2) collection of formation samples with a core barrel tool and (3) construction of temporary wells for collection of water samples and testing of isolated formations in the Gulf Coast Aquifer. The above criteria are essential for quality control of testing and sampling of multiple aquifer intervals to produce high-quality, defensible, scientifically -driven results for evaluating the feasibility of ASR, which is the primary goal of the study. The lowest bidder, Unison Drilling, is not recommended because of a failure of bidder to demonstrate comparable -type experience on similar sized projects (per 00 21 13 ARTICLE 24.02- K) and at least five similar projects within the last 5 years equal to or greater in size and magnitude than the current project (per 00 45 16 ARTICLE 2.06). Unison submitted five drilling projects executed within the last five years. However, after reviewing these projects and supplemental information provided by Unison, we deem that these projects are not comparable -type projects because none of the projects include drilling water wells in the Gulf Coast aquifer and none of the listed projects include performing interval testing on multiple, isolated aquifer formations (per 00 21 13 ARTICLE 02 AND 01 29 01 ARTICLE 1.03). HDR recommends Felder Water Well & Pump Service LLC for the City's consideration and award of the Contract because they are the lowest responsive, responsible bidder. Felder has experience with comparable -type projects that include drilling, testing and collecting cores from the Gulf Coast Aquifer. Additionally, Felder expresses proficiency in removing casing and resetting for testing of multiple isolated intervals. We contacted selected project references listed by Felder and received favorable feedback. Based on the information presented above, it is the recommendation of HDR Engineering that the subject project be awarded to Felder Water Well & Pump Service LLC for base bid items of $776,340 and for alternate bid items up to $174,400. The alternate items included on bid form provide a costing structure for additional work items based on field test results at City Staff and HDR discretion. In this case, total base bid and alternate items are not to exceed a total budget of $950,740 for drilling activities without additional City appropriations. Sincerely, HDR Engineering, Inc. Kristi Shaw, P.E. Project Manager Enclosures 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. Felder Water Well & Pump Service LLC Angleton, TX United States Certificate Number 2017-226722 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 06/21/2017 Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16265 Corpus Christi Aquifer Storage and Recovery Feasibility Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Wilcox, Jo Angleton, TX United States X Felder, Dale Angleton, TX United States X Felder, Raymond Angleton, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perju , that the above disclosure is true and correct. =ot4.I'• Ni o NORA LENNON *4 Notary Public STATE OF TEXAS o `[_ ;°)•t -Commission Exp. OCT. 27, 2018 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said f) g_2/ ) a of authorized agent of contracting business entity f (� 0 }/ , this the , day ofJ 20 ) 7 , to certify which, witness my hand and seal of office. 1( 47 r'] 0--/-\ OraLe/i/ 0 i11, ^ G/� . Signature of officer administering oath Printed name of officer administering oath Tite o officer ad istering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 3, 2017 TO: Margie C. Rose, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Old Robstown Road from State Highway 44 to Leopard Street Bond 2014 Proposition 1 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson Construction, LTD of Corpus Christi, Texas in the amount of $5,461,830.25 for the Old Robstown Road project from State Highway 44 to Leopard Street for the base bid. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Old Robstown Road from State Highway 44 (Agnes Street) to Leopard Street Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Old Robstown Road from State Highway 44 to Leopard Street — This project includes full -depth repair of the existing two lane roadway with on -street parking. Consideration is being given to upgrade the road from a minor residential collector to one lane in each direction and continuous center turning lane or two lanes in each direction. This may eliminate the existing designated on -street parking and will be evaluated during design. Other improvements include curb and gutter, sidewalks, ADA curb ramps, pavement markings. Upgrading the roadway would require ROW acquisition." Project Scope: The Old Robstown project includes full -depth reconstruction and reconfiguration of the existing 2 -lane street roadway as a 3 -lane roadway with two travel lanes and a continuous center turn lane. This lane configuration increases the capacity without the need to acquire additional right of way. The project includes new hot -mix asphalt cement (HMAC) pavement, concrete bus pads, curb & gutter, sidewalks, ADA ramps, pavement markings and an off-street two-way cycle track on one side. Utility improvements include water, storm water, wastewater. Natural gas relocations will be completed by City crews. The project was designed and bid with only one pavement alternative (See attached February 2, 2017 Informal Staff Report). The project also includes replacement of the traffic signal at the Old Robstown / Up River Road intersection, and street lighting (illumination) relocations and upgrades in coordination with AEP. A separate project is under design to replace the span -wire traffic signal at the Old Robstown/State Highway 44 intersection under the Highway Safety Improvement Program (HSIP). HSIP projects are funded by TxDOT 90% grants but are required to be let by TxDOT. The signal and roadway projects are being coordinated to allow for concurrent completion. This project bid on May 26, 2017, the City received proposals from six (6) bidders and the bids are as follows: Contractor Base Bid Haas -Anderson Construction, LTD Corpus Christi, Texas 5,461,830.25 JE Construction Services Corpus Christi, Texas 5,702,904.05 Berry Contracting LTD., dba Bay, LTD. Corpus Christi, Texas 5,998,316.60 SJ Louis Construction of Texas San Antonio, Texas 6,353,502.02 CPC Interests, LLC. Dba Clark Pipeline Services Corpus Christi, Texas 6,384,988.66 Jimmy Evans Company Austin, Texas 7,493,253.20 Engineer Opinion of Probable Cost: 5,780,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: CH2M Hill Engineers, Inc. is the design engineer that was selected for this project under RFQ No. 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2016-2017 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 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $738,745.00 $3,884,461.00 $2,558,600.00 $7,181,806.00 Encumbered / Expended Amount 738,745.00 738,745.00 This item (Construction) 2,903,230.25 2,558,600.00 5,461,830.25 Future Anticipated Expenditures This Project 967,787.03 967,787.03 BALANCE 0 $13,443.72 0 $13,443.72 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and CH2M Hill recommend award of a construction contract to Haas -Anderson Construction, Ltd. in the amount of $5,461,830.25 for the total base bid. LIST OF SUPPORTING DOCUMENTS: Informal Staff Report date February 2, 2017 Project Budget Location Map Presentation Form 1295 Letter of Recommendation INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van Vleck, P.E., Assistant City Manager Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Servic Date: February 2, 201.7 Subject: CITY COUNCIL ACTION REQUEST (CCAR) — January 31, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT -MIX -ASPHALT -CONCRETE (HMAC) ISSUE: During the January 31, 2017 City Council meeting, Mayor Pro Tempore Vaughn requested Staff to provide an informal report explaining past council directives relative to the selection of PCC or HMAC for street reconstruction projects. BACKGROUND & FINDINGS: BOND 2012 PROJECTS: In late 2014, there was recognition that the majority of the Bond 2012 projects were under budgeted. Various strategies were considered to address the funding shortfall. A council resolution (see ATTACHMENT 1) was approved on February 17, 2015 that provided specific guidance on project deferrals, bicycle accommodation and pavement design. The pavement design guidance indicated that certain Bond 2012 projects were to be bid HMAC, others PCC and most were to be bid both HMAC and PCC. BOND 2014 PROJECTS: In April 2013 Council approved a Bond 2014 Execution Strategy that involved funding and initiating the project design efforts in advance of the Bond referendum. In July 2013, Council approved a Reimbursement Resolution to fund design efforts and directed staff to begin procuring design services for the streets listed on Proposition One of the Council -approved project list. Those design contracts were approved by City Council in early 2014. Consultants were directed to take the design effort to an Engineering Letter Report (ELR) level (see ATTACHMENT 2) in order to provide a better budget basis for the Bond referendum. Included in the scope of work for the Bond 2014 ELR's was a pavement lifecycle cost analysis and recommendation. Determining the required pavement section is primarily based the Association of State Highway Transportation Ofcials (AASHTO) Guide for Design of Pavement Structures. The inputs include anticipated vehicle loads, the structural properties of the subbase soil, the desired reliability level and the desired service life. For the lifecycle cost analysis, equivalent pavement sections are developed for both HMAC and PCC using a 30 -year service life. The lifecycle analysis is conducted for a minimum of 30 years considering the cost for initial construction, anticpated maintenance and major repairs at the end of the design life. In some cases, there are other factors that may drive a recommendation for HMAC or PCC such as underground utilities, driveway access requirements and compatibility with existing adjacent pavement. After the Bond 2014 referendum passed in November 2014, the design engineers were released to complete the designs for the Proposition One projects. The original guidance in late 2014 was to base the roadway design on the ELR pavement recommendation for each of the projects. That guidance has not been modified. Amendments have been negotiated on many of the Bond 2014 projects. Those amemdments; however, only addressed the Bicycle Mobility Plan recommendations and Value Engineering on drainage systems. Staff is unaware of any formal council direction to negotiate contract amendments to redesign Bond 2014 projects for both PCC and HMAC pavement structures. RESIDENTIAL RECONSTRUCTION: On December 13, 2016 Council passed a Motion of Direction (see ATTACHMENT 3) that the residential reconstruction pilot projects should be designed as both HMAC and PCC pavement structures. That direction was clarified during the January 10, 2017 meeting to indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated. SEPTEMBER 22, 2015 COUNCIL MEETING: During the Council Retreat, the question was raised about a discussion that took place during the September 22, 2015 City Council meeting. There was a discussion of pavement design during the item awarding the construction contract for the Bond 2012 Proposition 1 Project - Williams Drive Phase 3 (see ATTACHMENT 4). During the discussion, a question was asked whether projects would continue to be bid both ways. There was perhaps a misunderstanding regarding the staff response to this question. Some council members may have considered this as a motion of direction to design all future projects with both HMAC and PCC pavement. The staff response was intended to mean that many of the future projects on both the 2012 and 2014 Bond Programs were being designed to bid both ways. Staff did not consider this discussion as formal direction to pursue design amendments for all Bond 2014 projects that were not scoped at that time to bid with both HMAC and PCC pavement. NEXT STEPS: Staff will continue with the designs of the Bond 2012 projects in accordance with the February 2015 resolution. Additionally, staff has reviewed the Bond 2014 ELR recommendations and determined which projects could be designed with both PCC and HMAC without significantly impacting the schedule. Staff is proposing to include three projects (current ELR's recommended HMAC) that will be re - scoped and designed to include a PCC and HMAC pavement structure. This will involve negotiation of staff -approvable contract amendments. The attached table (see ATTACHMENT 5) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. Street Bond Projects - Pavement Recommendations PROJECT NUMBER PROJECT TITLE Bond STATUS Current Design Proposed Design E13099 Waldron Rd (Akrdeme Dr to Caribbean Dr) Bond 2014 Prop 1 Complete HMAC HMAC E13100 Santa Fe 5t (Elizabeth St to Hancock St) Bond 2014 Prop 1 Complete HMAC HMAC E13095 Southern Minerals Rd (lip River Rd to IH -37) Band 2014 Prop 1 Construction _ PCC PCC E13086 Alameda St (Kinney 5t to Upon St) Bond 2014 Prop 1 _ Construction HMAC HMAC E1S111 North Padre Island Beach Access Road 3A Bond 2014 Prop 2 Construction PCC PCC E13088/E13089 Gollihar Rd (Weber Rdito Carroll in.) Bond 2014 Prop 1 Coundl Award HMAC HMAC E13087 Soliihar Rd (South Staples to Weber Rd) Bond 2014 Prop 1 Council Award Council Award HMAC HMAC HMAC _ HMAC E15109 Ennis Joslin Road Extension (Holly to Williams} Bond 2014 Prop 2 E13092 Ate, St (Alameda St to Ocean Dr) Bond 2014 Pro 1 Bkldin HMAC HMAC ---. E13096 Yorktown Blvd (Everhart Rd to Staples St) Bond 2014 Prop 1 Pending Bid Both _ Both E13097 i=arroll Lane (Houston St to McArdle Rd) _ Bond 2014 Prop 1 Pending Bid HIWAC HMAC E13091 Corona Dr (Flynn Pkwy to Everhart Rd) Bond 2014 Prop 1 Pending Bid HMAC HMAC E15122 Creek View Drive Extension Band 2014 Prop 2 Final HMAC HMAC E15111 North Padre Island Beach Access Road 2 Bond 2014 Prop 2 Pre -Final PCC PCC _ E13098 ' Old Robstown Rd (Highway 44 to Leopard St) Bond 2014 Prop 1 Pre -Final HMAC HMAC E13093 Yorktown Blvd (Lake Travis to Everhart Rd) Band 2014 Prop 1 Pre -Final HMAC HMAC E15106 Ayers 5t Pedestrian Improvements and Turn Lane Bond 2014 Pi rip 2 75% HMAC HMAC E13094 Staples St (Alameda St to Morgan St) Bond 2014 Prop 1 60% Both Both E15107 Chaparral Street- Phase 2 (Schatzel to Taylor) Bond 2014 Prop 2 30% HMAC Both E15110 Flato Road - Agnes to Bates Bond 2014 Prop 2 30% HMAC Both E15112 Rodd Field Road Expansion (Saratoga to Yorktown) Bond 2014 Prop 2 30% HMAC Both E13090 Morgan Ave (Staples St to Ocean Dr) Bond 2014 Prop 1 On Hold Both _ Bath Advertised or in Construction PCC HMAC Both PROJECT BUDGET ESTIMATE Old Robstown Road State Highway 44 to Leopard Street BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street Bond 2014 Proposition 1 3,593,500 Street Bond 2016 Certificates of Obligation 100,000 Storm Water CIP 2,757,880 Wastewater CIP 126,720 Water CIP 603,106 Gas CIP 600 TOTAL FUNDS AVAILABLE 7,181,806 FUNDS REQUIRED: Construction Fees: Construction (Haas -Anderson) THIS ITEM 5,461,830 Streets 2,545,767 Utilities 2,916,063 Storm Water 2,379,624 Water 487,060 Wastewater 48,880 Gas 500 Contingency (10%) 546,183 AEP Illumination Upgrades (estimate) 100,000 Construction and Testing Fees. 225,872 Construction Inspection (TBD) 175,900 Construction Materials Testing 49,972 Design Fees: Engineering Design (CH2M Hill) Original, Amendment No. 1 and 2 638,725 Streets 383,645 Utilities 255,080 Storm Water 127,540 Water 61,219 Wastewater 66,321 Gas - Reimbursement Fees. 195,752 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 88,522 Engineering Services (Project Mgt) 106,230 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 7,168,362 ESTIMATED PROJECT BUDGET BALANCE 13,444 Nueces Bay Highway 44 0 .,carpus Christi International Airport 49A 763 37 26 Navigation Blvd 8 Texas State Aquariums Leopard St 4 Corpus Christi o� Q PROJECT LOCATION 26A 35 LOCATION MAP NOT TO SCALE Project Number: E13098 Old Robstown Road State Highway 44 to Leopard St Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Old Robstown Road State Highway 44 to Leopard Street BOND 2014, Proposition 1 Council Presentation July 11, 2017 Project Location �hrsti Engineering Highway 44 Corpu©hristi International Airport ] ® 3] 36 3S Texas State AquariumQ Leopard St Corpus Christi •^o 0 o �C rn z eaiaw�n%a OLD ROBSTOWN ROAD Sp/o 45 2 Project Vicinity 4000 Corpus Chr sti Engineering Old Robstown Road Cross Sections 0 �hrsti Engineering TWO-WAY CYCLE TRACK SIDEWALK CENTER TURN LANE BUFFER TRAVEL LANE Q TRAVEL LANE SIDEWALK icic At 1. ott i At Old Robstown Road Cross Sections 111 �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC 8" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGRID 5 Project Scope �hrsti Engineering Full reconstruction with HMAC pavement with concrete bus pads, curb & gutter, sidewalks, ADA ramps, and pavement markings and signage with the following additional elements: • Reconfiguration of the street includes reducing the on -street parallel parking to only one side to add the 2 -way off-street cycle track • Utility upgrades for water, wastewater, gas and storm water • Area illumination improvements under separate contract with AEP • Traffic signal upgrade for the Old Robstown/Up River intersection ❖ Separate joint TxDOT/City project is programmed with a 90/10 cost share for signal replacement at the Old Robstown/Ayers intersection Project Schedule �hrsti Engineering 2017 2018 J J Bid/ Award s O N D J Mr Construction Construction Estimate: 365 days June 2, 2017 494241 FfHILL� Mr. Jeff Edmonds, P.E. Director of Engineering Services c/o Chris Hale, P.E. Engineering Project Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 CH2M BILL 555 N Caranahua Suite 310 Corpus Christi, TX 78401 Tel (361) 888-8100 Fax (3611 8888600 Subject: AWARD RECOMMENDATION OLD ROBSTOWN ROAD (STATE HIGHWAY 44 TO LEOPARD STREET) E13098 Dear Mr. Edmonds: On March 26, 2017, bids were received and opened on the subject project. There were six (6) bidders, the three (3) lowest are as follows: 1. Haas -Anderson Construction, LTD. 2. JE Construction Services 3. Bay, LTD. $ 5,461,830.25 $ 5,703,787.05 $ 5,998,318.60 Proposals from the low bidders were checked for mathematical errors, and one summing error was found in JE Construction Services. All three (3) of the lowest bidders, Haas -Anderson Contruction, LTD., JE Construction Services, and Bay, LTD., submitted the information requested in SECTION 00 45 16 STATEMENT OF EXPERIENCE. The information supplied by the low bidder, Haas -Anderson Construction LTD., appears to be complete and in order as follows: • All key Project personnel have at least 5 years of experience in their respective positions. • provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • provided information which demonstrates they have an acceptable safety record. • provided information which demonstrates their ability to provide subcontracting opportunities for MBE, minority, and DBE participation in the project. The information supplied by the second lowest bidder, JE Construction Services, appears to be complete and in order as follows: • All key Project personnel have at least 5 years of experience in their respective positions. • provided information which demonstrates their ability to successfully complete projects of similar size and complexity to this project. • provided information which demonstrates they have an acceptable safety record. ENGINEER'S AWARD RECOMMENDATION PAGE 2 JUNE 2, 2017 • Noted their willingness to provide subcontracting opportunities for MBE, minority, and DBE participation in the project. Our most recent past project experience working with Haas -Anderson on the Doddridge Street Improvements project for the City of Corpus Christi has been very positive and Haas -Anderson delivered a very high quality product for the City. Thus, we recommend Haas -Anderson Construction, LTD. for consideration of award of the contract for the reconstruction of Old Robstown Road Project. Sincerely, CH2M HILL Engineers, Inc. TBPE Firm No. F-3699 777,,.z,: Jia,,, PE Martin Timmerman, P.E. Project Manager MT/kv 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: 2017-222660 Date Filed: 06/13/2017 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. E13098 Old Robstown Road - State Highway 44 to Leopard Street - Bond 2014 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 Lamon, Tim Corpus Christi, TX United States X Parish, Jim 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 above disclosure is true and correct. Ln� r , N ,`"� / d -',!r/ _ . NOTARY PUBLIC � t� = coeeeesroegree: ,�. 12-18-201 7 Signature of authorized agent of contracting business entity said '; ) t—e t„j CAA I I'e f\ , this the .34'1' day of , \A,n t , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the \, '7 , 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 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 3, 2017 TO: Margie C. Rose, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 Construction Contract Traffic Signals and Lighting Improvements Bond 2014 Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Company, Inc. of Pflugerville, Texas in the amount of $1,901,608.50 for the Traffic Signals and Lighting Improvements Project for the base bid. (Bond 2014 Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Traffic Signals and Lighting Improvements Project. BACKGROUND AND FINDINGS: The Street Department continues their efforts to improve and upgrade the City's traffic signal network to reduce accidents, travel times, fuel consumption and vehicle emissions with this Bond 2014 project. There are currently 247 signalized intersections maintained and operated by the City. This is the second signal project under Bond 2014 Proposition 2. The first project was accelerated and completed in 2017 for the Commodores/Park Road 22 Intersection extending the left -turn lane queuing space for vehicle stacking. Bond 2014 Brochure description: "This includes various Citywide traffic operation improvements, including traffic signals and capacity work such as: new traffic signals (5 total) that meet signal warrants (e.g. Ennis Joslin and McArdle; Flour Bluff and Purdue), span wire traffic signal replacements with mast arm pole assemblies (up to 10 of the 30 remaining in the City), Ennis Joslin corridor (traffic signal hardware and software upgrades, traffic signals coordination), Citywide traffic signals wireless communication, Citywide school zones wireless communication, traffic signal controller upgrades, traffic signal controller cabinet upgrades, radar detection systems, signal head replacements, Park Road 22 at Commodores eastbound left turn bay extension, and Park Road 22 at Whitecap eastbound left turn bay extension." Project Scope: This project includes 10 intersections - one new signal and nine signal upgrades from aerial span wire to mast arm installation. Six of the locations will go online once the latest technology equipment has been installed, increasing online communications. The project includes new foundations, mast arms poles, signal heads, pedestrian push button poles, pedestrian signal heads, conduits and conductors, controllers, cabinets, electrical service, signage, ADA ramps, crosswalk striping, and miscellaneous improvements at the 10 prioritized intersections listed below: 1. Flour Bluff @ Purdue 2. Santa Fe @ Texan Trail 3. Staples @ Brownlee 4. Ayers @ Roosevelt 5. Horne @ Columbia /Airport Rd 6. Leopard @ Palm 7. Leopard @ Battlin' Buc 8. Nueces Bay @ Buddy Lawrence 9. Leopard @ Lantana 10. McKinzie @ Haven Of the 247 citywide intersections, currently 165 are equipped to communicate with the Management Center (TMC). This project will add 6 more intersections for a new total of 171. Traffic This project was developed with a single base bid. On May 24, 2017, the City received proposals from three (3) bidders and the bids are as follows: Contractor Base Bid Austin Traffic Signal Construction Company, Inc. Pflugerville, Texas $1,901,608.50 D & G Energy Corporation McAllen, Texas $2,271,109.00 Siemens Industry, Inc. Austin, Texas $2,411,489.25 Engineer's Opinion of Probable Cost $1,772,029.10 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Maldonado -Burkett ITS is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 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 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $5,000,000.00 $5,000,000.00 Encumbered / Expended Amount This item 1,901,608.50 1,901,608.50 Future Anticipated Expenditures This Project 1,463,455.50 1,463,455.50 BALANCE $1,634,936.00 $1,634,936.00 Fund(s): Street Bond 2014, Proposition Two Comments: N/A RECOMMENDATION: City staff and Maldonado -Burkett ITS recommend the construction contract be awarded to Austin Traffic Signal Construction Company, Inc. in the amount of $1,901,608.50 for the base bid for the Traffic Signals and Lighting Improvements project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE Traffic Signals and Lighting Improvements, Task Order No. 2 BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2 $ 5,000,000 TOTAL FUNDS AVAILABLE $ 5,000,000 FUNDS REQUIRED: Construction Fees: Construction (Austin Traffic Signal Construction Company, Inc.) THIS ITEM $ 1,901,609 Contingency (10%) 190,161 Construction Inspection and Testing Fees' Construction Inspection TBD 57,048 Construction Phase - Materials Testing Services 4,039 61,087 Design and Geotechnical Fees 233,060 Engineering Design (Maldonado Burkett ITS) Task Order No. 2 233,060 Prior Project• 912,092 Traffic Signal Improvements - Park Road 22 and Aquarius Drive' 912,092 Reimbursement Fees and Miscellaneous' 67,056 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 28,524 Engineering Services (Project Mgt) 38,032 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 3,365,064 *ESTIMATED PROJECT BUDGET BALANCE 1,634,936 *Balance to be used on remaining task orders. CITY-WIDE PROJECT rradawlnds d my North San Pedro Rabstown ,i sty Viet 0 TX -44 SIGNAL LOCATIONS 0000000000 Flour Bluff Dr @ Purdue Rd Santa Fe St @ Texan Trl Staples St @ Brownlee Blvd Ayers St @ Roosevelt Dr Horne Rd @ Columbia St / Airport Rd Leopard St @ Palm Dr Leopard St @ Battlin Buc Blvd Nueces Bay Blvd @ Buddy Lawrence Dr Leopard St @ Lantana St McKinzie Rd @ Haven Dr Leayi o Cb 0 00 0 Greyiry i3 i iS; Portland Ingleside Ingleside on the Bay ^ !rr Nto S'°/0 firo 0 Chapman Ranch LOCATION MAP NOT TO SCALE •M ista is ID:1 IMusi eng isfanG' S'ta Park. Project Number: E15113 Traffic Signals and Lighting Improvements Bond 2014 Prop 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Traffic Signals and Lighting Improvements BOND 2014, Proposition 2 Council Presentation July 11, 2017 Project Location �hrsti Engineering Traffic Signals and Lighting Improvements Bond 2014 Prop 2 LTX -441 hristi SIGNAL LOCATIONS OFlour Bluff Dr @ Purdue Rd © Santa Fe St @ Texan Trl O Staples St @ Brownlee Blvd O Ayers St @ Roosevelt Dr O Horne Rd @ Columbia St / Airport Rd O Leopard St @ Palm Dr OLeopard St t Battlin Buc Blvd O Nueces Bay Blvd @ Buddy Lawrence Dr O Leopard St @ Lantana St 0i McKinzie Rd @ Haven Dr Project Scope Corpus Chr sti Engineering Project includes improvements at 10 intersections: 1 new construction and 9 upgrades of existing signals. Improvements Include: • Foundations, mast arms poles, signal heads, pedestrian poles, pedestrian push button poles, pedestrian signal heads and other equipment • Signage, ADA ramps, crosswalk striping and pedestrian ramps. Project Schedule �hrsti Engineering 2016 2017 2018 CL 0, 0 z o 0 c. DESIGN a a co BID and AWARD a CL 0, 0 z o 0 c. CONSTRUCTION Projected Schedule reflects City Council award in July 2017 with anticipated completion in January 2018. 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: 2017-223266 Date Filed: 06/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO. INC. ROUND ROCK, 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. PROJECT E15165 TRAFFIC SIGNALS and LIGHTING IMPROVEMENTS- Task Order # 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SHIN, FRED Roundrock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 2o,1V PO Celia Gutierrez _� Notary Public, State of Texas j` My Commission Expires 44O``e July 31, 2018 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the ;' to certify which, witness my hand I sweKiii-iiffirm, under penalty of perjury, that the 7 above disclosure is t'ue and correct. -+' _ Signature of authorized agent of contracting business entity said '_ : _ ..: •, .. this the / 1/ V-Iday of , and seal of office. iCt err- �L 4/2/4i a/.4/ i�/i ,� 4 i - , , ,. _, _ , _ Signature of offi r administering o Printed name of officer administering oath Title of officer administering oath Forms Provided by Texas Ethics Commission www.nthics sfate_tx IIS Varcinn V1 11 OO GD, MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP May 30, 2017 Chris Hale, P.E. Project Manager Engineering Services City of Corpus Christi Re: Project #E15165 Traffic Signals and Lighting Improvements (Bond 2014) — Task 2 Contractor Recommendation Mr. Hale, We received three bids from Austin Traffic Signal Construction Company Inc., Siemens Industry, Inc. and D & G Energy Corporation for the construction of ten (10) traffic signals. Siemens and Austin Traffic Signal have submitted their statements of qualifications and IMSA certification as required in Item 600.3 Section B General Information. D&G was not able to provide IMSA Certification until June 9th, 2017 which was passed the date requested. Austin Traffic Signal Construction Company Inc. was the lowest bidder. Therefore, based on these credentials, we recommend Austin Traffic Signal Construction Company Inc. be awarded the project and given notice to proceed at the City's discretion. If you have any questions please feel free to contact me. Regards, Ramon H. Maldonado, Jr., P.E. Managing Partner 3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRISTI, TX 78411 • Office: 361-236-4611 • www.mbitsgroup.com Table 1- Organization Information Organization doing business as: Au%4-6-. 'rjs '„c S Gr"p I C o. C.--. �tiC . Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. ` _ Project Name Year 1 \ o� 1c�inw �+ `v I , h - 2.- -. 24,12 0 ( 2 <1 ro^ ' J # _. p ► '�,."'`� ' ► Q . 5)-; i l O l 3 O V• r, e w i.J 4.5.-Sirf'/ c Q 2o I' 6 4 M, 0,1e0 ...I 4 L ,�6-,1 - S. -4.< ( 2 0 I \P 5 . .r ,�►-, A4'''''0\ "Pr tad e �--! �/ 1.S010 l Z Z-01,7 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NiD Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. rig Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide ruii details in a separate attachment it yes. (J 0 Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. 00 Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-5 Rev 06-22-2016 Table 3 - Projects Awarded during the Last 5 Years - Not including City of Corpus Christi Projects Organization doing business as: AlSCC Project Information Project Name �`1--CLI. f(?rJvgs d Com. cription TrC ° / �e ,l°- �! �� Reference Contact Information Project Owner r—..--' "1 r Name/Title 3'^€,e. G ow- 4• I4rt'A- L `Ir Telephone -70Z- (Q11O 6Email Project Designer �hr,:'s ova,, Project Budget nd Performance Original Contract Price 7 o'3 f ©0 2 Final Contract# Price -4 1/Za0) ®vim Contract Days 0- O .�L� # Days Late Issues/Claims/4..dj.Q.Q Litigation: tk,ork r Art -,16-1-4"42-f" drAu- --t) 4::52.1----1r,r E .-Q 't,1 -4 -- Project Information Project Name s -i- wie 1.111.u, 1p,A riKrQit,A4 Y . 2 av-t r i'_cir-Ku, �escri tion p rA' `� `G � �S S j ` fl N^.� �� ore, '3t -c....) Reference Contact Information ,e. . .. ...........-. �, _�..e-, �.a Project Owner TAo! Lori -6 D.Q Name/Titlef-I, i e,LI-J7 Telephone Ernail Project Designer r (1 r cl�/ag 11 Prniert Rudeet and P rforrhance Original Contract Price -d ?/ s7-5 Final Contract Price -' 11% �,5 Q° # Contract Days r WJ # Days Late Issues/Claims/ Litigation: •,0o114iLCs 76 bAY Protect Information Project Name 1 I �`� L V �� �s'�/) Description � � C N t>b ,% �, t , Zn 9'I !�.'�"Clt�'�- Reference Contact Information Project Owner rb 'r4-'[ L c p Name/Title C's-(. (Z j-.L%e Telephone 7 Email Project Designer 1?.--,0/a,-gid 1 CA 0 2, ,4/...--1,(70r Project Budget and Perfonance Original Contract Price ip , 31/,01 c. Final Contract Price 556, CZ 2- # Contract Days / # Days Late 0 Issues/Claims/ Litigation: Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-8 Rev 06-22-2016 Table 3 - Projects Awarded during the Last 5 Years Organization doing business as: 4J SCC_ Project Information Project Name ,--53 A.res 6 �r Description ( Te- 46 ` c ,IiN-yi Reference Contact Information Project Owner , .y�.7 0)ligt„ 1,- Name/Title 5,, Telephone Email Project Designer 441,27T p ifa)N A - Project Budget and Performance Originalrf Contract Pri /Z 1( 103 8� Final Contract J Price -4q8� 70 3, # Contract Days I -` # Days Late Issues/Claims/ Litigation: Project Information Project Name �� e Sz4 s Description 17 et 'i" V F\'0b ,�-c -r ) Reference Contact Information Project Owner --1-4,V(3-1- T41-Name/Title Name/Title COArr- 4 Telephone q 'j,40Z-(,jamEmail Project Designer yh,., id (j ,%fC /A Prniert Budget and Performance Original! Contract Price 5-3? �¢02......( Final Contract Price # Contract Days /60# t Days Late Issues/Claims/I,AcT Litigation: Z `da8", ka 146V5"l',1iMi2s1- "17 Co, .,rv,* U-a`V2, iSSUe,s =�0.-'� U' r . Project Information Project Name `-j4.4 a 60%33 —S Description L'4�"c7..Qnr-�- �1ASLt Cl \ -rf 4ic.c, .7. C,n-gol • h�%c---a Reference Contact Information Project Owner -1-4, Name/Title ,l,P�,a_ G Kr Telephone 7oZ., Sptoo Email Project Designer , -a r, -'1 (� ,,® Project Budget and Performance Original Contract Price / 961/ / . ° Final Contract < �, Price 1" � ' 1�" # Contract Days z' -A `' # Days Late Ld Issues/Claims/ Litigation: Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-7 Rev 06-22-2016 �•ll`�A x Ya..,.�.1Q _ r a i� Pi.�i •.l.�J1►�� ♦� '- a .. :.. i �``,♦ 1�O_SAiP��� �••d•_ZaR..• ♦� ♦ • e 1 r 1, moo. Q 4. �J �• g 9J��'��i �.o QIP il✓� 116 aW„ .� n. s 6' �-jll r11 1 Ir� 14 i 1��l j _ �' �i. r"z.'F__&��E 4� 1 � .. r 1 1 1 1 _ YP' r! a rr 1 ``1111 "`I stkgrillt1 oftit Traffic Signal Program Nelson Dario Arguijo is liere6' cert./lied-as a Traffic Signal Field Technician Level II 012 12/30/2015 Valid Thru 12/30/2018 Douglas M. Aiken - Deputy Executive Director �`t��►�r.♦A'i�'"� .Z►�:� w3aA rte" r 9,� �J �A t +^ �" eltentw V 1wL `1:' moo, \ f *`'TZFt�� b,e*, %AP . "MSS Traffic Signal Program Javier Zapata is hereby certifiearas a Traffic Signal Field Technician Level II on 12/30/2015 Valid Thru 12/30/2018 Douglas M. Aiken - Deputy Executive Director �i, 1 1 ir4FE' 1!►'+meq „` 1t- ►'47�F 11 S I,' ►, n ._ ,� v4 �� �' • ♦ '" �4.'♦`ri'iti'01Ri4�PS�. 9' 1 ' ,�.-•‘-"r; ♦� �..::.:Lb'.yl'I�g+�i�Ii�,.Ji.;%1'1'1'1'1'1'1'���:J.:e•••.�•.1�1' �1�ry�..'oxi 4W1W..) 40WOV�•1'� ��� •t�ttACOM'�J 4yRa �C��P`te •_ �i � ..rl„ -,q, � ���rr� � - ��rr1-_��Ii _ .. .Ii1i� ��,�. -���•11�Ir1,11i� _ :�1,1�111�.., _.Q.1�1�Ir1�1.1.. ._.Qi1r1111,1,ti....-. �,1\ ,.IILu.. \\\`\\1 ..�Ii� �l9lli�ii 44.-4 4-.: IIiii�i>, 1Qrj�jilj i l i i i�� - 1 i i i i 1�i 0 i i / 11 i 4Wlif/%. ''-;444)/ 1 '_...-.._ '---=--ji,�a s11.1,1,Liti�.t...i11,LIiss-,... 1,11,1,i�.:s, t I,LII_,Lkr :i:,.,;,, �..�/ rar' ��!: � ►rwl�ir'11�'/� .rr I/�hllf'IIIIII�IIIII����j ` ru.,1II1..11�r •i \`1A\. Traffic Signal Renewal Program Marco A. Lopez is Hereby certifiedas a Traffic Signal Field Technician Level II 011 1/12/2016 Valid Thru 1/12/2019 r /ice Douglas M. Aiken - Deputy Executive Director �r{ „1" _ -- _ - ----_- _o /� I�MjIIP�iIIA� /IIIIIIIIIIIIIIIIIIII�II� / I�MIIII �III� , r �i ��, ��r4,1;>'4 il'1i --aii . ,T�l'a.a.i�Z� - :Litt . • • •.. �l:I:I.ti - NOW ilY:tt�' ". •D'i •- :ft: .- /i /// t�1,1,1�I^I�I�I�l�i��T^I!tiiijitill¢� III�Ii i ii�I1i i 1 i 1 d!it---t!I� 1 Itl�, dt: _t�S dl�; ,\\ -_----� ^ If�--_-__� Illi �.2�IILfii�'-�d1�1�t�Ut 1•�•I li ���. dWc v:a0IIu . _ 'v .:1!0011.0:44.� e�'4'1:1111tettis :iV'�'11/1ee o i'i'1'1�/11'tree4 ii'1OA `1ii s x.:6"'11 tt '..:..iXt Illl:.�i % r r . - r uur•.... "..•uu•• uur•u.......uuru........urr•... �e� ..uru•..�e...6.,�i11MlII1bv4S� .....a: City of Corpus Christ Traffic Signals And Lighting Improvements Bond 2014 Task Order No.. Project #: E1516• Statement of Experienc: SIEMENS Helping Our Communities Become Vibrant, Growing & Green Proposed to: City of Corpus Christi Maldonado -Burkett ITS, LLP Project: Traffic Signals And Lighting Improvements Bond 2014 Task Order No.2, Project #: E15165 Proposed By: Siemens Industry Inc Contract Contact: Michelle Flynn Service Project Manager 16560 Air Center Blvd Houston, TX 77032 1 (978) 735 3183 Michelle.flynn@siemens.com SIEMENS February 2, 2016 Miranda Rodriguez Administrative Technician 3833 South Staples St. Suite N214 Corpus Christi, TX 78411 Intelligent Traffic Systems RE: TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 Dear Miranda Rodriguez, Siemens Industry Inc. is pleased to submit the attached Statement of Expereince and IMSA Certification information in regards to TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165. Siemens has a long history of service, maintenance, and experience providing streetlight repair and maintenance services for its customers throughout the United States. For more than 165 years, Siemens has been a powerhouse of technology and innovation. Siemens is uniquely qualified to achieve the goals and targets that have been established by the City of Corpus Christi for this project. There are numerous advantages to having Siemens as a partner. Among the most beneficial: • Our ability to complete this entire project with in-house management. We will not have to rely on consultants, or sourced project management. This will improve communication, streamline work, and eliminate unnecessary costs and delays • Siemens is able to partner with the best manufacturers subcontractors and provide leading technologies that will deliver a product that exceeds the expectations of the city. • Local field offices, which means local resources, multible crews and high end talent committed to achieving a cohesive and partnered success for economic vitality and community care. The contact person for this project will be Michelle Flynn. Her contact information is as follows: Michelle Flynn, Service Account Manager 16560 Air Center Blvd Houston, TX 77032 1 (978) 430-3086 Michelle.flynn@siemens.com Respectfully, William Tucker Operations Manager, SE Siemens Industry, Inc. Intelligent Traffic Systems William. tucker] r@siemens .com Siemens Industry, Inc., Intelligent Traffic Systems 9225 Bee Cave Rd, Building B, Ste 101 Austin, Texas 78733 A Siemens Industry Business, Mobility and Logistics Division Tel.: 512.837.8300 Fax: 512.837.0196 www.usa.siemens.com/mobility Page 1 of 1 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 TABLE OF CONTENTS CITY OF CORPUS CHRISTI TABLE 1: ORGANIZATION INFORMATION 2 TABLE 2: PROJECT INFORMATION 3 TABLE 3: PROJECTS AWARDED DURING THE LAST 5 YEARS 4 TABLE 4: SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDERS SAFETY EXPERIENCE.TABLE 5: DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION 6 TABLE 5: DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION 7 ARTICLE 5: CERTIFICATION 8 EXHIBIT A: EMR DATA 9 EXHIBIT B: OSHA LOGS 10 EXHIBIT C: RESUMES 16 EXHIBIT D: IMSA CERTIFICATIONS 23 METHOD OF PROVIDING SERVICES 40 INTERNAL PROJECT RISK MANAGEMENT AND PERFORMANCE MONITORING 41 PERFORMANCE MEASUREMENT 41 CHANGES 43 QUALITY CONTROL 43 SAFETY AND TRAINING 44 1 Table 1— Organization Information Organization doing business as: SIEMENS INDUSTRY INC, ITS Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 Traffic Signal and Street Lighting Improvements- (IDIQ)- REBID Project No.E15126 2016- IN PROGRESS 2 Signal Improvements and Street Lighting - Ocean Drive and Robert Drive (Bond 2012)-E12105 2016 3 4 5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. PLEASE SEE EXHIBIT A Year EMR Year EMR Year EMR Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects.** Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SII performs tens of thousands of projects annually through over one hundred offices. As such SII has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SH performs tens of thousands of projects annually through over one hundred offices. As such SI' has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. **While we are presently unaware of any adjudicated terminations for default that have been, SH performs tens of thousands of projects annually through over one hundred offices. As such SIT has been involved in miscellaneous litigations and disputes arising out of its business none of which are of a material nature as to adversely impact its ability to completely and satisfactorily perform any of its projects. ** Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-5 Rev 06-22-2016 Table 2 — Project Information Organization doing business as: Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager, Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager MICHELLE FLYNN WILLIAM TUCKER Superintendent JOSE RUIZ ANSELMO JIMENEZ Safety Manager ANSELMO JIMINEZ N/A Quality Control Manager WILLIAM TUCKER *PLEASE SEE EXHIBIT B FOR RESUMES Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self -performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work (based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price NO SUBCONTRACTOR IS IDENTIFIED AT THIS TIME AS RECEIVING 1O% OR MORE OF WORK ON CONTRACT. Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25% or more of the Contract Price. Provide documentation of the EMR. Subcontractor "/A Year EMR Year EMR Year EMR Subcontractor N/A Year EMR Year EMR Year EMR Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order Nlo.2, Project #: E15165 004516-6 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years Organization doing business as: SIEMENS INDUSTRY INC Project Information Project Name WOODALL TUNNEL SLM Description STREETLIGHT AND TUNNAL LIGHT MAINTENANCE Reference Contact Information Project Owner CITY OF DALLAS Name/Title DAVID NIEMANN/ SR PEROJECT MANAGER Telephone 214-583-6556 Email david.niemann@jacobs.com Project Designer NIA Project Budget and Performance Original Contract Price $798,303.33 Final Contract Price $798,303.33 # Contract Days 365 # Days Late IN PRO Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name City Wide, Traffic Signal Modification andCAMERA Upgrades, 2012 Bond: IFB 6100CLMC589 Description DETECTION, TRAFFIC SIGNAL AND BIKE SIGNAL INSTALLATIONS AND MODIFICATIONS Reference Contact Information Project Owner CITY OF AUSTIN Name/Title RENEE ORR, CITY TRAFFIC PROJECT MANAGER Telephone 512.974.5607 Email renee,orr@austintexas.gov Project Designer NIA Project Budget and Performance Original Contract Price $297,679.00 Final Contract Price $281,362.20 # Contract Days 90 # Days Late 0 Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name CITY OF SANDY SPRINGS TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner CITY OF SANDY SPRINGS Name/Title BRAD EDWARDS, DIRECTOR OF TRANSPORTATION Telephone 770-206-2534 Email BEdwards@sandyspringsga.gov Project Designer NIA Project Budget and Performance Original Contract Price $566,500.00 Final Contract Price IN PROGRESS # Contract Days >365 # Days Late IN PRC Issues/Claims/ Litigation: NONE AT THIS TIME Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 GRESS GRESS 004516-7 Rev 06-22-2016 Table 3 — Projects Awarded during the Last 5 Years — Not including City of Corpus Christi Projects Organization doing business as: SIEMENS INDUSTRY INC Project Information Project Name TXDOT HARRIS TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner TXDOT Name/Title SANDRA ASBERRY, TRAFFIC SYSTEMS SPECIALIST. Telephone 713-866-7106 Email Sandra.asberry@txdot.gov Project Designer N/A Project Budget and Performance Original Contract Price $1,129,165.00 Final Contract Price IN PROGRESS # Contract Days >730 # Days Late INPROGR Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name HARRIS COUNTY TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner HARRIS COUNTY, TX Name/Title RICK GOODMAN, MANAGER TSM Telephone 713-274-3869 Email Rick.Goodman@hcpid.org Project Designer N/A Project Budget and Performance Original Contract Price $1,096,889.60 Final Contract Price IN PROGRESS # Contract Days >1095 # Days Late INPROGR] Issues/Claims/ Litigation: NONE AT THIS TIME Protect Information Project Name DUNCANVILLE TSM Description TRAFFIC SIGNAL MAINTENANCE: PREVENTATIVE, RESPONSE AND REPAIR Reference Contact Information Project Owner CITY OF DUNCANVILLE, TX Name/Title Brunswick O. Morton, Purchasing Manager Telephone 972-780-5058 Email bmorton@ci.duncanville.tx.us Project Designer n/a Project Budget and Performance Original Contract Price >131,091.70. Final Contract Price $131,091.70. # Contract Days 365+ # Days Late In progress Issues/Claims/ Litigation: NONE AT THIS TIME *The listings here are the top projects awarded in the last five years to the Siemens Industry Inc, ITS Houston office. Siemens Industry Inc as a whole, as well as our ITS divisions performs tens of thousands of projects annually through over one hundred offices and we do not have a singular depository for this information. Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 004516-8 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: SIEMENS INDUSTRY INC, ITS Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO CITATIONS Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5) years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes. The full details must include the type of violation or offense, the final disposition of the violation or offense, if any, and the penalty assessed. NO CITATIONS Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. NO The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder. The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? Yes ❑ No 3 Does the Bidder have an active construction safety training program? N Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding ❑ Yes ❑ No X N/A B. Excavation X Yes ❑ No ❑ N/A C. Cranes & Hoists X Yes ❑ No ❑ N/A D. Electrical X Yes ❑ No ❑ N/A Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 10 Rev 06-22-2016 Table 4 — Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: SIEMENS INDUSTRY INC, ITS E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces X Yes ❑ No ❑ N/A G. Material Handling x Yes ❑ No ❑ N/A H. Demolition rx Yes ❑ No ❑ N/A I. Steel Erection x Yes ❑ No ❑ N/A J. Underground Construction N Yes ❑ No ❑ N/A 5 Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification System ("NAICS") Category 23 for each of the past five (5) years? Provide the Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. ❑ Yes Is No 6 Does the Bidder have an experience modifier rate of 1.0 or less? Provide the Bidder's NCCI workers' compensation experience rating sheets for the past five (5) years in a separate attachment. Yes ❑ No 7 Has the Bidder had any OSHA inspections within the past six (6) months? Provide documentation showing the nature of the inspection, the findings, and the magnitude of the issues in a separate attachment if yes. ❑ Yes XNo Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16-11 Rev 06-22-2016 Table 5 — Demonstrated Minority, MBE, DBE Participation Organization doing business as SIEMENS INDUSTRY INC, ITS Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority / MBE / DBE Participation Policy Name Work to be Provided Estimated % of Contract Price M&M STRIPING AND POWER WASHING CONCRETE AND STRIPING 5% *ADDITIONAL DBE/MBE SUBCONTRACTORS HAVE NOT BEEN IDENTIFIED FOR THIS CONTRACT AT THIS TIME. HOWEVER, SIEMENS INDUSTRY INC IS COMMITTED TO SUPPORTING ALL FEDERAL AND LOCAL MBE/DBE GOALS AND EFFORTS FOR THIS PROJI AND WILL CONTINUE TO WORK TOWARDS THE STATED GOALS Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 12 Rev 06-22-2016 ARTICLE 5 — CERTIFICATION 5.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: By: SIEMENS INDUSTRY INC, ITS Name: MARCUS WELZ Title: (typed or prir'e 1 (individual's signatu ‘4/ RAJARSHI GHOSH CEO (typed or printed) CFO (typed or printed) Designated Representative: Name: Title: Address: MICHELLE FLYNN SERVICE PROJECT MANAGER 16560 AIR CENTER BLVD, HOUSTON, TX 77032 Telephone No.: 978 735 3183 Email: MICHELLE.FLYNN@SIEMENS.COM END OF SECTION Statement of Experience Traffic Signals And Lighting Improvements — Bond 2014 Task Order No.2, Project #: E15165 00 45 16 - 13 Rev 06-22-2016 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT A: EMR DATA CITY OF CORPUS CHRISTI 9 1100 MARSH October 1, 2015 Melissa Cavallo Faison Assistant Vice President Marsh USA Inc. 1051 East Cary Street, 9'h Floor Richmond, VA 23219 1255 23`d Street NW, 4th Floor Washington, DC 20037 202 263 7875 melissa.cavallo@marsh.com www.marsh.com Subject: Siemens Corporation, including Siemens Industry, Inc. Building Technologies Historical Experience Modification Rates To Whom It May Concern: As broker for Siemens Corporation including Siemens Industry, Inc. Building Technologies, we wish to confirm they are covered for Workers' Compensation through Liberty Insurance Corporation and LM Insurance Corporation for the policy years October 1, 2009 - 2010 to October 1, 2012 — 2013 and through The Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America and The Travelers Indemnity Company for the policy years October 1, 2013 — 2014 to October 1, 2015 - 2016. The following represents historical experience modification rates that have been provided by the NCCI and confirmed to Marsh through Liberty and Travelers. State 10/1/11-12 10/1/12-13 10/1/13-14 10/1/14-15 10/1/15-16 California .80 .84 .84 .74 .68 Interstate .60 .60 .58 .57 .51 Delaware .614 .688 .401 .385 .649 Pennsylvania .676 .681 .681 .684 .684 Michigan .49 .68 .65 .69 .48 New Jersey .557 .338 .338 .312 .312 Should there be anything else you should need, please do not hesitate to call. Sincerely, Melissa Cavallo Faison Casualty Advisory Representative MARSH & McLEN NAN COMPANIES SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT B: OSHA LOGS Location Name Fiscal Year ROR LTIR TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC TX Houston 16560 Air Center Blvd -HOU AC 2012 0 0 2013 0 0 2014 3.39 0 2015 4.93 0 2016 7.86 0 CITY OF CORPUS CHRISTI 10 OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2012 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the log. If you had no cases write "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this cdlection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 40 Total hours worked by all employees last year 24594 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2013 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 58672 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2014 it:**. U.S. Department of Labor Occupational Safety and Health Administration All establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 1 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 33 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 1 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 59062 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date OSHA's Form 300A (Rev. 01/2004) Summary of Work -Related Injuries and Illnesses Year 2015 it:**. U.S. Department of Labor Occupational Safety and Health Administration AH establishments covered by Part 1904 must complete this Summary page, even if no injures or illnesses occurred during the year. Rememberto review the Log to verify that the entries are complete and accurate before completing this summary. Using the Log, count the individual entries you made for each category. Then mite the totals below, making sure you've added the entries from every page of the log. If you had no cases mite "0." Employees, former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms. Number of Cases Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 0 0 0 (G) (H) Number of Days (1) (J) Total number of Total number of days days away from of job transfer or work restriction 0 0 (K) Injury and Illness Types Total number of... (M) (1) Injury (2) Skin Disorder (3) Respiratory Condition (L) 0 0 0 (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects ofthis data collection, contact: US Departinent of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Form approved OMB no. 1218-0176 Establishment information Your establishment name Siemens RITS Houston Street 16560 Air Center Blvd City Houston State TX Zip 77032 Industry description (e.g., Manufacture of motortruck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 173 Total hours worked by all employees last year 34361 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Phone Date zev. 01/2004) rk-Related Injuries and Illnesses s s must complete this Summary page, even if no injuries or illnesses 'eview the Log to verify that the entries are complete and accurate s you made for each category. Then write the totals below, making page of the log. If you had no cases write "0." representatives have the right to review the OSHA Form 300 in its the OSHA Form 301 or its equivalent. See 29 CFR 1904.35, in 'etails on the access provisions for these forms. er of Total number of cases Total number of days with job transfer or other recordable Nark restriction cases 1 0 (1) (J) Total number of days of job transfer or restriction 69 (L) (4) Poisoning 0 (5) Hearing Loss 0 (6) All other illnesses 0 ebruary 1 to April 30 of the year following the year covered by the form of information is estimated to average 50 minutes per response, )arch and gather the data needed, and complete and review the t required to respond to the collection of information unless it display: you have any comments about these estimates or any aspects of thi: of Labor, OSHA Office of Statistics, Room N-3644, 200 Constitution t send the completed forms to this office. occu Establishment information Your establishment name Siemens RIT Street 16560 Air Center Blvd City Houston State TX Industry description (e.g., Manufacture of motor truck trailers) Highway, street, bridge lighting and electrical signal installation Standard Industrial Classification (SIC), if known (e.g., SIC 3715) OR 238210 North American Industrial Classification (NAICS), if known (e.g., 336212) NULL Employment information Annual average number of employees 17 Total hours worked by all employees last year 262 Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my kno true, accurate, and complete. Company executive Phone SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT C: RESUMES CITY OF CORPUS CHRISTI 16 SIEMENS William (Bill) Tucker, Southeast Operations Manager Experience Summary Mr. Tucker is a dynamic leader who increases team engagement and customer satisfaction in each project he is involved with. He is accomplished in building and motivating high performance teams, managing conflict, increasing efficiency and strengthening customer loyalty. Bill is experienced in scheduling, directing projects and staff in fast-pased, results oriented environments. He has a proven track record of completing projects on time and in budget, monitoring processes for ongoing improvement. Experience • Operations Manager, Siemens Industry, ITS, 5/2015 to present • Operations Manager, Grainger Lighting, 6/2012 to 2/2015 • Senior Project Manager, GLS/Alliance Energy, 8/2010 to 6/2012 • Senior Project Manager, ENERGYLITE, 9/2007 to 8/2010 • Regional Account Manager, MRT Lighting, 10/2006 to 9/2007 • Senior Project Manager, Harris Manufacturing, 6/2000 to 10/2006 Project Experience Current Operations Manager for the following: • Sandy Springs, GA Traffic Signal Maintenance Contract • Harris County Traffic Signal Maintenance Contract • City of Dallas, Woodall Rogers Tunnel • Johns Creek TSM • City of Allen SLM • N. Richland Hills SLM 9225 Bee Cave Rd, Building B, Ste 101 Austin, Texas 78733 Michelle Flynn SUMMARY Highly motivated, results oriented project professional with extensive experience in organizational and detailed roles in fast paced, muti-tasking environments. Experienced in adapting to new and unfamiliar industries, roles and applications while applying best practices of the business, PMO and PM@Siemens processes. Accomplished in identifying, analyzing and resolving various obstacles to company and project objectives. Effective communicator with all levels of management and non- management positions. AREAS OF KNOWLEDGE Distribution Management Quality Assurance Inventory Control Processes Microsoft Excel; Word, Access, Project; PP Conflict Resolution Project Portfolio Management PM@Siemens Siemens PEP Process knowledge Bid and Proposal Management PROFESSIONAL EXPERIENCE Siemens Industry, Inc. ITS, Austin, TX Service Account Manager Process Improvement Vendor and Staff Relations Transportation and Materials Handling Contract Review SAP Knowledge Certified Payroll/Prevailing wage Small Job Quoting Estimating Current • Responsible for contract management, customer retention, execution and project management for service contracts for the Southeast Region. Siemens Industry, Inc. ITS, Austin, TX April 2015- February 2016 Bid and Proposal Manager, Classic Services • Performed low bid opportunity sales process management including searching for opportunities and leading opportunities through the Siemens sales process. • Performed opportunity assessments to validate opportunity alignment with business goals, and review of resource requirements, contract and federal requirements and business risk. • Bid and Proposal Team Management • Opportunity estimating including small LED retrofits and Traffic and Streetlight Maintenance both large and small. • FY15 hit rate of 46% Siemens Industry, Inc. ITS, Austin, TX May 2014- April 2015 PMO/R&D Project Coordinator • Assisted PMO and R&D Project Managers with PM@Siemens and PEP Milestone and gating documentation and processes. • Assisted with the day to day documentation and operations needs of Project Management team as needed. • Assisted with project contract review upon initiation to assess material, timing and resource availability for project completion. • Performed review and submission of Certified Payroll for union and prevailing wage projects. • Assisted with the PMO documentation process and implementation of project portfolio management guidelines. • Performed review and clean up of TXDOT documentation requirements on legacy projects allowing back payments of >300k to be paid to Siemens CASS Information Systems, Lowell, MA March 2012 — May 2014 Client Materials/Logistics Coordinator • Key contributor of transportation team to coordinate with client freight manager, plant locations, and carriers to resolve interruptions to processing and exceptions. • Created daily, weekly and monthly financial and processing reports for trending and analysis by self, team and management. • Collaborated with transportation team to create an efficient and effective process change to bring the open accounts receivable volume to a manageable state. • Reduced freight exceptions by more than 50% • Provided data entry and data entry system updates as needed. • Provided quick and accurate results on all special projects. Circles Inc, Chelmsford, MA May 2008 — October 2011 Resolution Specialist • Worked in a small specialized team focused on client escalation resolution, client satisfaction and retention. • Analyzed and investigated client claims, applying risk/reward principles to provide solutions that best reflected company principles and business goals while securing the highest level of client retention. • Reviewed and provided feedback on individual performance of company representatives to management to improve performance and reduce company risk exposure. EDUCATION BS Business Studies/ Operations and Project Management Southern New Hampshire University Manchester, NH GPA: 3.1 Anticipated graduation date, 7/2016 ANSELMO JIMENEZ JR. EXPERIENCE SUMMARY Mr. Jimenez is a Traffic and lighting signal professional with experience in field management, supply management and safety compliance. He has worked extensively on projects throughout the great state of Texas and continues to dedicate himself to providing clients with the highest level of technical services, customer service and execution expertise. EMPLOYMENT HISTORY Siemens Industry, Inc 2013 -Present Senior Field Supervisor II Responsible for daily operations for all construction and maintenance related activities within Texas region, managing multiple projects simultaneously. Perform weekly/biweekly safety topic meetings. Plan and scheduling of all related work activities. Responsible for verification that all work is completed within allocated budget and time. Effectively communicate with management on regular basis for updates on project as needed. Determine project resource/material requirements & documentation. Regularly review procurement process so that projects continue without delays. Make sure to visit customers on regular basis to keep them informed on project status and to respond to any concerns. Durable Specialties Inc. 02/07/2011 - 08/01/2013 Foreman • Crew leader • Safety leader • Material and hour tracking CERTIFICATIONS Licensed Journeyman Electrician (Texas # 240984 ) I MSA Work Zone IMSA Traffic Signal Technician I IMSA Traffic Signal Technician II Texas Commercial Drivers License (Class A, Doubles, Triples, Tanker Endorsement) SKILLS & QUALIFICATIONS 8 years with hands on experience in the signal field. This includes construction of new traffic signal and upgrades to signals. Some of the responsibilities were to white line new signal, drill and pour foundations, tie in pull boxes, set service signal poles, coordinate turn on dates upon completion, terminate signal cabinets and poles, radar install and alignment, final inspections and trouble shooting in order to turn over signal to clients. In the illumination field, new construction installs and troubleshooting outages. 4 years with Journeymen electrician license. Maintain license up to date with continuing education. TTS 450 Certificate. EDUCATION High School Diploma 2007 Graduate Skyline High School 7777 Forney Rd. Dallas, TX. 75203 LANGUAGES English & Spanish (Written / spoken) REFERENCES Richard Dickenson, Harris County Manager. (281) 723-8821 Matthew Gerlach Regional Manager (817) 751-4945 Rey Ruiz, Service Account Manager (281) 900-8096 Others upon request, I would need to go obtain phone numbers. JOSE ANTONIO RUIZ SUMMARY Mr. Ruiz has over 5 years experience in traffic signal industry, with additional experience in the construction industry. He has experience in aspects of traffic signal maintenance, repair and construction as well a leader in the field. AREAS OF KNOWLEDGE Material Management Skilled Communicator Leadership Customer Relations Expert Schedule Adherence Construction Safety Fluent in Spanish, English, Italian Strong interpersonal skills Project Scheduling PROFESSIONAL EXPERIENCE Siemens Industry, Inc. ITS, Austin, TX Traffic Signal Technician Level III / Crew Leader 2011 -Current • Took a lead role in various projects pertaining to construction and/or maintenance of traffic signal or street lighting equipment. • Backbone to any projects involving underground maintenance or construction involving trenching or concrete. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. Gaellry Concrete Construction - Porter, Texas 2006 - 2011 Crew Leader/ Rebar Foreman • Consulted with project managers to stay in accordance with scheduling and deadlines. • Directed personnel to adequate production goals to complete deadlines in various concrete applications. • Planned ahead to meet needed levels of materials and manpower for required work to be done. EDUCATION High School Diploma: James Madison High School Graduated Cum Laude Coursework in Algebra, Geometry, Chemistry and Technology Captain of Varsity Baseball team 4 years. CERTIFICATIONS • Traffic Signal Technician Level III, IMSA ; October 2015 • Signs and Markings I & II, IMSA; October 2014 • Excavation Safety and Competent Person, NUCA; 08/09/2012 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT D: IMSA CERTIFICATIONS CITY OF CORPUS CHRISTI 23 Anselmo Jimenez, Jr. is liierety certf "edeas a Roadway Lighting Technician Level I Douglas M. Aiken - Executive Director r n. �:p:t rL' ♦ i stiff trrn..: atrY' ds+rt �!.,I J,1.•I•�F`e1-'i'44'1rR1• illl�i-``rr.�.:�"1���� `Gti' .a'�10.0 G'"G7:"Ii.-.. yy• WOW' y1�1��'i1ePi Roadway Lighting Program Anselmo Jimenez, Jr. Is Hereby Certified as a Roadway Lighting Technician Level I By completing all requirements and examination. Cert # Date Good Thru RR_111799 1/25/2017 1/25/2020 Work Zone Temporary Traffic Program Anselmo Jimenez is /ierehy certtfiearas a Work Zone Temporary Traffic Control Technician CM 6/26/2015 Valid Thru 6/26/2018 Douglas M. Aiken - Deputy Executive Director Work Zone Temporary Traffic Program Anselmo Jimenez Is Hereby Certified as a Work Zone Temporary Traffic Control Technician By completing all requirements and examination. Cert # pate Good Thru ZZ 111799 6/26/2015 6/26/2018 Anselmo Jimenez is Merely certzfie as a Traffic Signal Technician Level Z Douglas M. Aiken - Deputy Executive Director It. '�!�{".."1""""'"1/1614}� -•-•1,•• lr i+•t�ss�[• •••"*" 0t�i�� '�•i rvi'►'�11!' 1.` 0! ..62,1Ji0)10114rai� �Iri' vv: '# 4 •-T . 4X060: .,ry Zei . ,,,ru,..;l i..f ,s � +\ �,�.�14,�6`'s�ii7G'��ii�:�:���#S.'t4�.�a�r�i�a�:r.S✓ .�' b�:�ialr:�i2`A`+I:�a►•i:�:�'.�s�ti'`.�A�.�a' iG�O`.dG*rr,'�•`��i�dll r �l� Traffic Signal Program Anselmo Jimenez Is Hereby Certified as a Traffic Signal Technician Level I By completing all requirements and examination. Cert # Dare Good Thru A4_111799 6/29/2015 6/29/2018 Anselmo Jimenez is /hereby certifzearas a Traffic Signal Field Technician Level II Valid Thru 7/15/2018 Z�•��f 7 Douglas M. Aiken - Deputy Executive Dr ectar �a'4 1 i 1 i11�a .e AINia* (if w<<;1Mi..e dm, 0444 4 lc.ny, �1 fY1z 4sij4 41a°aer 1 r 3��.Fi % IRr Ar ' rra w1iCAiAti1..A• )s'wy+.Ar►.Wr>00000;s . Xke�diecAlukAWOON:2sv0w,ga Y r1 - _,e Traffic Signal Program Anselmo Jimenez Is Hereby Certified as a Traffic Signal Field Technician Level II By completing all requirements and examination. Vert # Date Good Thru BE 111799 7/15/2015 7/15/2018 Anselmo Jimenez, Jr. as daere/y certfiied ras a Traffic Signal Level III Senior Field Technician Valid Thru 12/30/2018✓�_ _/�� Douglas M. Aiken - Deputy Executive Director Traffic Signal Program Anselmo Jimenez, Jr. Is Hereby Certified as a Traffic Signal Level III Senior Field Technician By completing all requirements and examination. Cert # Date Good Thru CE 111799 12/30/2015 12/30/2018 Fiber Optics Program Anselmo Jimenez, Jr. is /hereby certzfi'earas a Fiber Optics Technician Level I 072 4/8/2016 Valid Thru 4/8/2019 11. Aiken - Deputy Executive Director Fiber Optics Program Anselma Jimenez, Jr. Is Hereby Certified as a Fiber Optics Technician Leve! 1 By completing all requirements and examination. Cert # pa'LGood Thru FO 111799 4/8/2016 4/8/2019 lvij►vi,1; , ►" ,_.. a 1 i .t ' `Z_" =id4° ' tttii- I j it k' " j 1't��{ a • 1, f'" ' 1.. it r t a: LGA }4, �lr r� Anselmo Jimenez, Jr. rs ,hereby certi zetas a Fiber Optics Field Technician Level II Valid Thru 5/19/2019 Z` Douglas M. Aiken - Executive Director �{;{�Ii ={itti ti" i Isli"' �` 4 IftiP =;���Z�iif fO 'Zr�bbtr: t 1 ft I �t+�1 a• ii! t'-_ �1 1l* Fief llda� fie` {I 1 4;I��iyt'��1�e 4 +l p 4 4 I �'1 44!Y+"�r�° iHl�i 4 4 I Ili- �lll i"1T1 - r +r- S.Ws**••••••-• 4� ♦'9'i"�� v r lH Fiber Optics Program Anselmo Jimenez, Jr. Is Hereby Certified as a Fiber Optics Field Technician Level II By completing all requirements and examination. Cert # Date Good Thru FP 111799 5/19/2016 5/19/2019 CE 1 CAT][ 0 F C OM P L ETIO N Fiber Optics for Traffic, Fire Alarm, and Communication Systems Technician Level 1 This is to Certify that Anselmo Jimenez has completed two days of classroom training on fiber optic theory and components including: optical fiber types, cables, connectors, splices, cable and fiber management products, test equipment, and fiber optic safety. Disciplines include techniques and products used for the installation and testing of fiber optic links. LIGHT NINE Your Partner in PUBLIC SAFETY ee-1 MODERATOR CSI50804-1 August 20-21, 2015 COURSE NUMBER AND COMPLETION DATE CER I 1 I F ll CATE 0 F COM P L E T 1 O N Fiber Optics for Traffic, Fire Alarm, and Communication Systems Field Technician Level 11 This is to Certify that Anselmo Jimenez has successfully completed sixteen hours of hands-on training required for Field Technician Level II certification. The exercises consisted of fiber optic splicing, plus cable, patch panel and closure preparation. Testing and maintenance exercises included acceptance and span testing, measuring reflections and splice losses, connector inspection and cleaning, link loss and optical power measurements, and testing and troubleshooting a fiber optic CCTV link. LIGHT :-..:10111611DE Your Partner in PUBLIC SAFETY f/Ali;:lizece; MODERATOR CS150804-2 August 24-25, 2015 COURSE NUMBER AND COMPLETION DATE Jose A. Ruiz is /iere6y certi ied as a Traffic Signal Field Technician Level II Valid Thru 9/18/2018 Douglas N. Aiken - Deputy Executive Director Traffic Signal Program Jose A. Ruiz Is Hereby Certified as a t=: I : Traffic Signal Field Technician Level II By completing all requirements and examination. Cert #- Date BE 103582 9/18/2015 9/18/2018 Good Thru Rafael Hernandez is hereby cert_ learas a Traffic Signal Technician Level I Valid Thru 9/18/2018 Douglas H. Aiken - Deputy Executive Director — �I,L r_T=" nit�I� �I�rT=„ =ttL �ri�v= t=,tlhta�ss=�1,1�LI�rsti:=sg;• ,.t114.111 _�:;,� s•^" ,fV�x.'1� �DX•Xeci ..e2.4♦,i♦,iX9ri �i�i ireci:.a:..:::::a0:91X cto ...EOiC`:0- ��Q:daeOkiiiy ..Tee:? _ 4►Pv,r��l;n�45, Traffic Signal Program Rafael Hernandez Is Hereby Certified as a Traffic Signal Technician Level I By completing all requirements and examination. Cert # Date Good Thru AA_107381 9/18/2015 9/18/2018 • Jj Traffic Signal Renewal Program Marcos Avila is hereby certfflearas a Traffic Signal Senior Field Technician Level III on1/15/2016 Valid Thru 1/15/2019 1, • 1; 1/46/. , r ---$0 1 '22—.7 '11 Iflyff,Mf frrif c't VignattearWl. X0Y41. • u' .•• ...,... kke . k pil'1'['llr,- iiil' 1'I!1!lu ORM* r,..-,13rttifi;�u;oa [ltittakti ti Traffic Signal Renewal Program Marcos Avila rs /iere6y cern ied-as a Traffic Signal Bench Technician Level II on 1/15/2016 Valid Thru 1/15/2019` 7/as M. Aiken - Deputy Executrve Direr,,... I"' SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 EXHIBIT E: COMPANY OVERVIEW CITY OF CORPUS CHRISTI Siemens currently specializes in the maintenance, testing, repair, and replacement of traffic signals, streetlights, and exterior commercial lighting. We also provide a full range of software for local and central systems. Siemens is proud to say that many of the solutions that Siemens offers in the traffic control industry are currently deployed throughout the State of Texas. The Siemens ITS division has a broad range of expertise and experienced personnel including: registered professional transportation engineers, Journeymen Electricians and Intemational Municipal Signal Association (IMSA) Certified Traffic Signal Technicians. The individuals assigned to this project have many years of experience managing and maintaining traffic signals systems, fiber networks, light rail, and central systems. Siemens provides an unparalleled level of knowledge in Traffic Signal Systems. Siemens traffic signal laboratories provide a full range of technical services including complete controller/cabinet testing, controller repair, and conflict monitor/CMU testing and certification. With offices and maintenance yards across the United States, we currently provide service to more than 300 public agencies. In sum, Siemens has exceptional experience, well-positioned infrastructure, strategic business -to -business relationships, and unparalleled expertise. These qualifications strongly support our ability to safely, efficiently, and cost-effectively provide complete transportation infrastructure installation and maintenance services. METHOD OF PROVIDING SERVICES At the onset of the contract, the Siemens ITS Team will meet with the contract stakeholders, including, but not limited to, the PM, project team, and the City. The purpose of this kickoff meeting is to review the maintenance scope, schedule, objectives, roles and responsibilities, project reporting requirements, and project communication requirements to ensure we meet your expectations. This will include a discussion of what information should be communicated to each agency, to whom, how often, and by what methods. In addition, the role and responsibility of each agency will be discussed and documented. 40 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI INTERNAL PROJECT RISK MANAGEMENT AND PERFORMANCE MONITORING In general any assumptions that are being made on the contract by us or the client are converted into some level of risk that is analyzed on each project during the estimation process by the assigned PM and SMEs (Subject Matter Experts). We first look at similar past projects and historical archives in order to review successes, weaker areas and areas that needed improvement. We then identify, qualify, and quantify all known risks in order to develop an appropriate mitigation plan. The mitigation plan includes the risk value before and after the measure and/or action is taken, along with probability percentages. This information is tracked and reviewed on a weekly basis along with the project plan updates. To ensure that all Siemens ITS projects are implemented within compliance of our PM@Siemens ITS process, the PMO, along with his financial counterpart, completes a weekly project summary review with the assigned PM. Additionally we have a monthly project status update meeting involving our executive level management. Siemens ITS Industry ITS uses a two step processes for performance measurement for our service contracts. The first process is using our above described Spiridon for daily and weekly tracking of scheduled work. In addition, Siemens ITS performs weekly meetings with each client to review all current work, future work orders and any high priority projects in the works. For any projects to be executed of high complexity or longer than 4 weeks, a service tailored version of the PM@ Siemens ITS process is used which includes metrics of the EVMS (Earned Value Management System) in order to ensure that all project requirements with regard to budget, time, scope, and quality are meeting met. Below is a sample of the EVMS metrics that is utilized for these projects: MS Project Calculations Explained Planned Value (PV) - PV is the budgeted cost for the work scheduled to be completed on an activity or WBS (Work Breakdown Structure) component. 41 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI Earned Value (EV) - EV is the budgeted amount for the work actually completed on the scheduled activity or WBS component. Actual Cost (AC) - AC is the total cost incurred in accomplishing work on the schedule activity or WBS component. The AC must correspond in definition and coverage to whatever was budgeted for the PV and the EV (e.g., direct hours only, direct costs only, or all costs including indirect costs). Cost Variance (CV) - CV equals earned value (EV) minus actual cost (AC). The cost variance at the end of the project will be the difference between the budget at completion (BAC) and the actual amount spent. Formula: CV= EV—AC Schedule Variance (SV) - SV equals earned value (EV) minus planned value (PV). The schedule variance will ultimately equal zero when the project is completed because all of the planned values will have been earned. Formula: SV = EV - PV Cost Performance Index (CPI) - The two values CV and SV are converted into efficiency indicators in order to reflect cost and schedule performance of all Siemens ITS projects. A CPI value less than 1.0 indicates a cost overrun of the estimates. A CPI value greater than 1.0 indicates a cost underrun of the estimates. CPI equals the ratio of the EV to the AC. Formula: CPI = EV/AC Schedule Performance Index (SPI) - The SPI is used, in addition to the schedule status to predict the completion date and will be used in conjunction with the CPI to forecast the project completion estimates. A SPI value less than 1.0 indicates being behind schedule based on the estimates. A SPI value greater than 1.0 indicates being ahead of schedule based on the estimates. SPI equals the ratio of the EV to the PV. Formula: SPI = EV/PV 42 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI Explanation of Values and how they are being Utilized - The two values CV and SV are converted into efficiency indicators in order to reflect cost and schedule performance of all Siemens ITS projects. The PV, EV, and AC values are used in combination to provide performance measures of whether or not work is being accomplished as planned at any given point in time. The amount of variance of the CV and the SV values tend to decrease as the project reaches completion due to the compensating effect of the more work being accomplished. Predetermined acceptable variance values that decrease over time as the project progresses towards completion still need to be established as part of our cost management plan. This will be determined as additional data is collected. Our goal at Siemens ITS is to provide the City with solutions that will best meet their needs. Siemens ITS views any item and/or task that is not part of the original scope of the project as a possible change and works to make sure that its identified be reviewed. We begin our process with a site survey/contract review to ensure that we fully understand the limitations and processes currently in place. The site survey/contract review report will identify any proposed area of opportunity or needed change. Recommendations will then be made for our client's consideration. Our Project Manager will work with the City employee to determine if they concur with the change and a formal change order request is then submitted by the assigned PM to the client for their approval. Once approved, only then can the contract value and the schedule and scope be altered to include the proposed tasks within the change order and the change implemented. QUALITY CONTROL Siemens' internal quality and cost control practices are firmly rooted in the systems engineering process. For each project (depending on size and scope), we employ a formal or informal Quality and Cost Control Plan (QCCP) procedure. The QCCP procedure places specific emphasis on the quality of the products to be provided to the client. The quality portion of the plan consists of two parts: quality assurance and quality control. The Quality Assurance element ensures that the day-to-day accomplishments of the project are completed in an efficient, professional manner; the most appropriate staff members are assigned to each individual work 43 SIEMENS INDUSTRY INC: STATEMENT OF EXPERIENCE TRAFFIC SIGNALS AND LIGHTING IMPROVEMENTS BOND 2014 TASK ORDER NO.2, PROJECT #: E15165 CITY OF CORPUS CHRISTI item and are working within their skill levels; and a peer review process is in place to ensure that the best approach to specific problems is being undertaken. The Quality Control element formalizes and specifies in detail the checking and review process for each deliverable prior to its final production. Typically included in this process are records management, documentation control, and corrective action procedures (if required). Formal QC on the maintenance project applies primarily to written deliverables. SAFETY AND TRAINING Siemens administers a comprehensive company -wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand "Safety Rules for the Outside Electrical Industry" by the National Electrical Certified Association (NECA). We have a zero tolerance policy on all safety violations and will provide copies of any safety history documentation upon request. Siemens' employees are trained using a variety of resources and methods. The IBEW provides professional competence and safety training to our field staff. Our employees are trained in basic safety including proper lifting techniques. They have weekly tailgate meetings that address items such as electrical safety and current industry safety practices. Siemens is a proponent of formal training as well. Our electricians and technicians are also IMSA and IBEW trained. Prior to being sent out to work on their own, each technician spends time with a number of senior staff members to leam the procedures and protocols we follow and must pass a series of tests before the area superintendents permit them to work independently. 44 DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT KEVIN RIDDETT AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MATTHIAS SCHLELEIN Mobility Management Urban Transport / Mainline Transport Intelligent Traffic Systems Rail Electrification Customer Services SIEMENS INDUSTRY, INC. — MOBILITY DIVISION A. The undersigned Kevin Riddett, President and Matthias Schlelein, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and Vice President Finance & Business Administration to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position (Name/Position) John Paljug VP — MM Marsha Smith Senior Director, FBA — MM Michael Cahill, VP — UT & MLT Christopher Halleus, FBA — UT & MLT Robin Stimson VP, UT & MLT MK&S Michael Tyler Senior Director, FBA -- CS Chris Maynard VP -- CS Madeline Rodriguez Director, LM Steffen Goeller VP — TPE Miriam Scheer FBA — TPE Dave Ward VP — LM James Thornton Head of Procurement, MO Marcus Welz VP — ITS Rajarshi Ghosh ITS BA B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Name/Position) Douglas Dreisbach Director of Projects, MM Finance/Central Support Function Name/Position Catherine Wilson Manager, FBA — MM Jack Wilson Sales, MM Valerie Conway Senior Director, SCM UT & MLT Steve Gitkin Sates Director - ITS Jessica Shaiegan Director, Procurement — MM David Gutierrez Director, UT Thomas Wiechert Director, LR Luis Tondi Resta Director, Products, MM Stefan Fischer Finance Manager, MM C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is Limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Tony Ritter Director, CS Nikki Bassi Director, UT Reiner Martin Director, CS Cathie Steele Segment Controller, CS UT Omid Akbarzadeh-Paydar Director, BG Kim Swain Segment Controller, MC Mark Bennett VP, Operations UT & MLT Kelly Storin Segment Controller, BG Raymond Ginnel[ General Project Manager LM & MC Carrie Hernandez Manager, SPR Armin Kick Director, HI Michelle Picard Director, UT & MLT Andreas Achhammer Manager, TPE Mirko Giese Director, HI BA Florian Walter Director, CS Matthaeus Decker Manager, SPR Steve Teal Director, ITS Service Craig Debevoise Projects Commercial, ITS Dimitrios Andrikos Director, Bid & Project Management, ITS D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, Limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position Name/Position Stephan Klein, Director, MM Tommy Charurat Director, Performance Controlling UT&MLT Paul ELiea, Director, MM Sandra Kluthausen, Commercial Manager, MM Gisela Kaufmann Controller, MM David Costello, Director, MM 2 Dave Jeanette Manager, MM Rudolf Wagner Performance Controlling, MO Jim Lyons Sr. Manager, MM Constanze Kutschki Manager, Order Management UT & MLT Jeff Balogh Sr. Director, MM Ronald Staggs Commercial Project Manager, UT George Long Director, Engineering UT & MLT Mary Matos Commercial Project Manager, UT Robert Martner Senior Project Manager, LM Vesa Venttinen Commercial Project Manager, UT Jeffrey Curran Project Manager, UT Alexander Jankowski Commercial Project Manager, UT Duane Kopp Project Manager, UT Christine Jaw Commercial Project Manager, CS Ron VanHuuksloot Project Manager, UT Steffen Hertel Commercial Project Manager, LM Thomas Stehlik Project Manager, UT Larry Chen Commercial Project Manager, CS Vlore! Aninoiu Project Manager, UT Kavita Patel Commercial Project Manager, CS Carsten Nebe Project Manager, UT Patrick Blackburne Commercial Project Manager, UT & MLT Mark Anderson Project Manager, CS Christoph Hilgers Director, Operations Controlling UT & MLT Aaldrik Metting Project Manager, CS Manuel Schirnhofer Commercial Project Manager, LM Miriam Scheer Commercial Project Manager, CS Jochen Woern Project Manager, CS Brad Bonn Project Manager, CS Christopher Smith Commercial Project Manager, UT Chander Khanna, Sr. Director, Manufacturing Processes UT & MLT Adam Huey Commercial Project Manager, LM Paul Aichholzer Project Manager, LM Thomas Koprowski Commercial Project Manager, BG Ibrahim Kalender Project Manager, BG Girish Gupta Commercial Project Manager, LM Barry Sidler Program Manager, CS Shailesh Malgaonker Director of Operations, TPE Christopher Romeo Operations Manager, ITS Amy Morrison Commercial Project Manager, TPE Luis Correia Project Manager, CS David Spence Commercial Project Manager, ITS Trine Boedker Jensen Project Manager, CS Sabine Andrikos Commercial Service Manager, ITS Michael Hutchens Operations Manager, ITS Natalie Maga Commercial Project Manager, MM William Tucker Operations Manager, ITS Matthew Chalmers Commercial Project Manager, MM Christopher Mcelroy Service Account Manager, ITS Solomon Lee Commercial Project Manager, MM Gerhard Leitner Field Engineering Management, CS David Series Procurement Commodity Manager, MM Ivan Bukin Project Manager, CS Stuart Adler Project Procurement Manager, MM Brian Duch Project Manager, CS Joel Nielsen Commercial Project Manager, UT 3 Kevin McGrew Director, Quality UT & MLT Carlijn Goldberg Commercial Project Manag r, BG Goutham Lingannagari Senior Manager Projects, ITS Matthew Chalmers Finance Manager, MM James Hryniewicz Commercial Bid Manager, TPE Darla Lesnykh Commercial Project Manager, CS David Scott Branch Manager, ITS Jamil Nasir Engineering Director, MM Ben Linden Senior Director Carborne Engineering, MM Claudia Thiele Commercial Project Manager, ITS Stephen Spratt Project Manager, TPE David Mortimer Project Manager, TPE Christopher Hammett Project Manager, TPE Teal Shoop Project Manager, TPE Joshua Cardin Project Manager, TPE Abhinav Mitra Project Manager, TPE Christopher Giesch Production Controller, TPE E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Diana Johnson Bid Manager, ITS Claudia Thiele Commercial Project Manager, ITS John Billings Bid Manager, ITS David Love Sales Manager, ITS Brett Tharp Project Manager, TPE Mark Godsey Project Manager, TPE F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of 4 such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. 1. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of theist day of October, 2016. g Kevin) Prest, Sins Industry, Inc. Mo ► lity Division Matthias Schlelein Vice President, Finance and Business Administration Siemens Industry, Inc. Mobility Division 5 Siemens Industry, Inc. 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E is = c v -0 vvvvv m *5 co 0 la c 'a , a Q a o 0 0 d 0 0) 17 ID m CD 0 0 CD 0 0) 0 0 0 m 0 ln 4.1 v) a `� 10 m a) € E-oli a o Ev E E E E E oD-❑'o-o•o-o-31313-c3`o1vts1D-o`7 7 0) 0 0 0 a) -CF-0- ❑ 0v v 13013 a1 m m a) m-0 •O-0"0 "C)-0-0_❑ v-0 .013 171317 v-01313 cs 0I-Q)C�IX¢gQ[Y�If��rYtr+Y¢4Q4¢Q4444Q< C<4< ca `Ham E; c `m N Q "1 Z.' C W 17 6 00,2gmwwIuuwwu.1Li.Iuw 'QE N °rnsn �u�u7rn Fcnuacn o_ o_ 0 0�10ryH1— gg2 H_I-��I==t3 F-H�2 F-rU1-- D Q0 0 c J CI m w wd2 vxarn 0 in« 07 CQ C[7 rLI000on ❑Om O ❑[]C7 [] ❑C]❑ C]O ❑❑Od❑ ❑kIU.IGJ 1� ❑ F•F-0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Margie C. Rose, City Manager FROM: Sylvia Wilson, Human Resources Administrator SylviaW@cctexas.com 361-826-3196 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com 361-826-3169 Closed Captioning Services for the Hearing Impaired CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Caption Source, LLC. of Boerne, Texas for closed captioning services for the hearing impaired in accordance with Request for Proposal (RFP) No. 706, based on best value for a total expenditure not to exceed $33,000.00 for the first year with option to extend for two additional one year periods. PURPOSE: This service agreement will provide closed captioning services for the hearing impaired during City Council meetings, to include city press conferences. BACKGROUND AND FINDINGS: Per the City's ADA Transition Plan adopted February 2003, it states that there will be closed captioning of all City Council meetings. This includes utilizing closed captioning services on city press conferences for city wide emergency situations for example announcements made due to hurricane situations. An RFP for close captioning services for the hearing impaired was issued by the City of Corpus Christi. The RFP was advertised, posted in the City's Supplier Portal and 23 notifications were issued. Two proposals were received and evaluated based on best value. Caption Source, LLC is the recommended awardee. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal - Human Relations FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $37,327.68 $30,250.00 $67,577.68 Encumbered / Expended Amount $32,840.18 $0.00 $32,840.18 This item $2,750.00 $30,250.00 $33,000.00 BALANCE $1,737.50 $0.00 $1,737.50 Fund: General Fund Comments: The initial contract term total is $33,000, of which $2,750 is funded in FY2016-17. The total estimated contract value will be $99,000 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix SERVICE AGREEMENT NO. 706 CLOSED CAPTIONING SERVICES FOR THE HEARING IMPARIED THIS Closed Captioning Services for the Hearing Impaired Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Caption Source, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Captioning Services for the Hearing Impaired in response to Request for Bid/Proposal No. 706 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Closed Captioning Services for the Hearing Impaired ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $33,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Sylvia Wilson Human Relations 361-826-3196 SylviaW©cctexas.om 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Sylvia Wilson Human Relations Administrator 1201 Leopard St. 1St Floor Human Relations, Corpus Christi, TX 78401 Fax: (361) 826-4276 IF TO CONTRACTOR: Caption Source, LLC. Attn: Whitney L. Riley Title: Owner Address: 30818 Keemeland, Boerne, Texas 78015 Fax: 830-981-4494 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTO Signature: Printed Name: Title: Date: kr/oilvt 4-).-1 9011r7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 706 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 1. General Requirements The Contractor shall provide The City of Corpus Christi ("City") real time closed captioning services for each of the regularly scheduled City of Corpus Christi Council meetings, Special City Council meetings and emergency broadcasts on an as -needed basis via remote access. The Contractor will be responsible for the captioned services for the hearing impaired as outlined in this Scope of Work. 2. Scope of Work A. The Contractor shall provide live closed captioning of the regularly scheduled City Council meeting currently held on Tuesdays with the exception of the first Tuesday of the month, currently commencing at 11:30 A.M. Central Time (Subject to change per Council). City Council meetings average three per month with the exception of months that contain an extra week requiring four meetings. City Council meetings may be reduced during Spring Break in March, and designated City holidays in the months of November and December in which the average is two per month. B. Additional meetings that may require closed captioning services include Special City Council meetings and emergency broadcasts, which services shall be performed in a professional manner, consistent with industry standards. Note: meeting dates, times and locations are subject to change and additional meetings may be added throughout the year. C. The Contractor is required to complete a connection test approximately 15 minutes via remote access before the beginning of each meeting to ensure the date connection is established with the City. D. The Contractor shall have their office open and available to provide assistance to the City at minimum, from 9:00 a.m. to 5:00 p.m. Central Time (except on designated City holidays). The actual live closed captioning hours may extend beyond the scheduled times listed. If a meeting is called to recess, the contractor is expected to remain on the job until the meeting is announced "Adjourned". E. Within three business days after the City Council meeting, Contractor shall email the Contract Administrator an electronic .doc or .docx file containing the closed captioning. These files will be reviewed by the designated employees of the City of Corpus Christi and kept as official documentation of the Council Sessions. 3. Contractor Responsibilities A. Providing a qualified real-time captionist with encoding equipment, appropriate software, hardware and back up equipment to perform live captioning. Contractor is responsible for the equipment to be compatible with the equipment utilized by the City of Corpus Christi. Compatible equipment to include but is not limited to: dedicated phone line, Comrex auto answer broadcast coupler, and EEG Model EN530 HD -TV Smart closed captioning Encoder IV; or updated equipment such as this as technology evolves. B. Ensure any person performing on Contractor's behalf, possesses the ability, licenses, certifications and skills necessary to provide the services. Contractor must maintain and provide proof of at least (3) of the following certificates for each captioner, one of which must be for CRR: • Texas Certified Shorthand Reporter (CSR) or equivalent • Certified Real-time Reporter (CRR) • Registered Professional Reporter (RPR) • Registered Merit Reporter (RMR) C. Contractor warrants and represents that it and any person or entity performing under this Service Agreement shall comply with all applicable federal, state, and local laws and regulations, including the Americans with Disabilities Act of 1990. D. Contractor shall provide captioning software from a reputable company that has been utilized successfully in the live closed captioning environment for at least five years. E. Contractor shall provide hardware enabling hookup and execution of closed captioning. F. Prior to the commencement of this Service Agreement, Contractor shall perform a test to confirm the compatibility of equipment and confirm the ability to provide a successful closed captioning service. DATE: ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 706 Closed Captioning Services for the Hearing Impaired o II/ 2 1 +C/ _ R. OSER AUTHORIZED SkNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. d. Required five years in business. e. Ensure any person performing on Contractor's behalf, possesses the ability, licenses, certifications and skills necessary to provide the services. Contractor must maintain and provide proof of at least three of the following certificates for each captioner, one of which must be for CRR: • Texas Certified Shorthand Reporter (SCR) or equivalent • Certified Real-time Reporter (CRR) • Registered Professional Reporter (RPR) • Registered Merit Reporter (RMR) ITEM DESCRIPTIO 1 Closed Caption S d QTY UNIT UNIT PRICE TOTAL PRICE ?rvices 300 HRS $ //Q..� $ g ®1 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2016 Insurance Requirements City Council Closed Caption Service for the Hearing Impaired 12/12/2016 cg Risk Management ATTACHMENT C- BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS Section 8. Warranty is null for this Service Agreement. 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: 2017-227357 Date Filed: 06/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CaptionSource, LLC Boerne, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 706 Closed Captioning for the Hearing Impaired 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. „u uv ..,`` �� CHRISTOPHER DEIEON • •�'_ Notary Public, State of Texas = Comm. Expires 05-16-2018 • / TO `X Air `N ' it, ',,,„,,, ,,., Notary ID 12982174-5 Signa uthorized agent of contracting business > 411111.110, AFFIX NOTARY STAMP / SEAL ABOVE Sworn t nd subscribed before me, by the said (, .. �1 ' y Irl/ ,2! iP' , this the 2 7 _ day of �-C c 20 ) / , to certify which, witness my hand and seal of office. / �i ( i d/ Z-- _.S”' /.S4 14iF�,'�E� t,fWh //4/' / Signature o cer administering oath Printed name of dfficer administering oath Title of offi r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 RFP No.706 Closed Captioning Services - Summary Evaluation Marix Proposal Evaluation Caption Source, LLC Aberdeen Caption, Inc. Minimum Qualifications Licensing (Minimum of 3): Texas Certified Shorthand Reporter (SCR) or equivalent Certified Real-time Reporter (CRR) Registered Professional Reporter (RPR) Registered Merit Reporter (RMR) Pass Pass Required five years in business Pass Pass No outsanding lawsuits during last 5 years Pass Pass No outsanding regulatory issues last 5 years Pass Pass No current litigation ith the City during the last 5 years Pass Pass Technical Proposal Technical Proposal (50 points) 50 43.67 Interview Interview (30 points) 28.67 27 Price Price (20 points) 18.53 20 Total 97.2 90.67 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Member Debbie Lindsey -Opel as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The purpose of this item is to appoint Council Member Debbie Lindsey -Opel as a board member of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporations (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCIC) is incorporated under the Texas Non-profit Corporations Act and, therefore, appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. On June 20, 2017, the City Council appointed Debbie Lindsey -Opel to fill the At -Large seat vacated by Council Member Joe McComb upon his election as mayor. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Housing and Community Development Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board detail sheets: CCHFC and CCIDC City Of Corpus Christi CORPUS CHRISTI HOUSING FINANCE CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO Dec 20, 2016 - Nov 01, 2018 Appointed by ;ity Council Appointed by City Council MICHAEL T. HUNTER liEZMI Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH WIEMI Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council CORPUS CHRISTI HOUSING FINANCE CORPORATION Page 1 of 1 City Of Corpus Christi CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO m•ir amp Dec 20, 2016 - Nov 01, 2018 Appointed by ":ity Council Appointed by City Council MICHAEL T. HUNTER ie. Elm Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB MO Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH CEEMO Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 11, 2017 Action Item for the City Council Meeting of July 18, 2017 DATE: July 11, 2017 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Member Debbie Lindsey -Opel as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The purpose of this item is to appoint Council Member Debbie Lindsey -Opel as a board member of the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. BACKGROUND AND FINDINGS: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. On June 20, 2017, the City Council appointed Debbie Lindsey -Opel to fill the At -Large seat vacated by Council Member Joe McComb upon his election as mayor. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board detail sheets: CBHFDC and CBCEFFC City Of Corpus Christi COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO m•ir amp Dec 20, 2016 - Nov 01, 2018 Appointed by ":ity Council Appointed by City Council MICHAEL T. HUNTER ie. Elm Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB MMI Dec 20, 2016 - Nov 01, 2018 L0 BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH CEEMO Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION Page 1 of 1 City Of Corpus Christi COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION BOARD ROSTER RUDY GARZA 2nd Term Jan 13, 2015 - Nov 01, 2018 PAULETTE GUAJARDO Dec 20, 2016 - Nov 01, 2018 Appointed by ;ity Council Appointed by City Council MICHAEL T. HUNTER liEZMI Apr 19, 2016 - Nov 01, 2018 Appointed by City Council JOE MCCOMB Dec 20, 2016 - Nov 01, 2018 Lop. BEN MOLINA Appointed by City Council DecWIEte Dec 20, 2a 2016 - Nov 01, 2018 Appointed by City Council LUCY RUBIO 2nd Term Jan 13, 2015 - Nov 01, 2018 Appointed by City Council ®GREG SMITH WIEMI Dec 20, 2016 Nov 01, 2018 CAROLYN VAUGHN 2nd Term Appointed by City Council Jan 13, 2015 - Nov 01, 2018 Appointed by City Council VACANCY Appointed by City Council COASTAL BEND CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Page 1 of 1