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HomeMy WebLinkAboutAgenda Packet City Council - 09/19/2017 Cit`, of Corpus Christi 1201 Leopard Street rtif 5N11%, City Corpus Christi,TX 78401 forward.cctexas.com i Meeting Agenda - Final City Council Tuesday,September 19, 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 Pastor Brian Hill, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Peter Davidson, Marina Superintendent. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1188 Proclamation declaring September 23, 2017, "Girls in Aviation Day". Proclamation declaring September 2017, "Pediatric Cancer Awareness Month". Proclamation declaring September 2017, "Texas Strong Month". Swearing-In ceremony for newly appointed board, commission and committee members. City of Corpus Christi Page 1 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-1189 Regular Meeting of September 12, 2017 and Special Meeting of September 8, 2017. Attachments: Minutes-September 12, 2017.pdf Minutes-September 8, 2017(Special) H. BOARD &COMMITTEE APPOINTMENTS: 3. 17-1190 Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Transportation Advisory Commission Tree Advisory Committee Attachments: Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Transportation Advisory Commission Tree Advisory Committee I. 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. 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. City of Corpus Christi Page 2 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 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. K. CONSENT AGENDA: (4 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-1087 Service Agreement for Tire Repair and Replacement Services for the Corpus Christi Fire Department Motion authorizing City Manager, or designee, to execute an agreement with Beasley Tire Services, Inc. of Houston, Texas for the repair and replacement services of tires for the Corpus Christi Fire Department in response to Request for Bid No. 978 based on the lowest responsive, responsible bid for a total amount not to exceed $116,510.00, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Tire Repair and Replacement for CCFD Bid Tab-Tire Repair and Replacement for CCFD.xlsx Service Agreement-Tire Repair and Replacement for CCFD Form 1295 Tire Repair and Replacement for CCFD.pdf 5. 17-0975 Resolution to Execute an Advance Funding Agreement (AFA)for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project (Bond 2012, Proposition 8) Resolution authorizing the City Manager, or designee, to execute an City of Corpus Christi Page 3 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with City's required payment to TxDOT in the amount of$21,000 for reimbursement of direct state costs. (Bond 2012, Proposition 8) Attachments: Agenda Memo-SEA District Pedestrian Improvements Location Map-SEA District Pedistrian Improvements Resolution-SEA District Pedestrian Improvements Advance Funding Agreement-SEA District Pedestrian Improvements Presentation-SEA District Pedestrian Improvements 6. 17-1083 Construction Contract for Citywide Collection System Pipe Bursting Indefinite Delivery/Indefinite Quantity(IDIQ) Part C (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a multi-year ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas in the amount of$2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one (1) year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. (Capital Improvement Program) (CIP) Attachments: Agenda Memo- Pipe bursting Project Budget- Pipe bursting Location Map- Pipe bursting Presentation- Pipe bursting Form 1295- Pipe bursting Letter of Recommendation- Pipe bursting 7. 17-1063 Service Agreement for Preventative and Emergency Maintenance for Various Lift Stations for Wastewater Motion authorizing City Manager, or designee, to execute a service agreement with ADK Environmental, Inc., of Odem, Texas for preventative and emergency maintenance for various lift stations for Wastewater Division in response to Request for Bid No. 1247 based on the lowest responsive, responsible bid for a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Preventative Emergency Maintenance for Various Lift Stations Bid Tab- Preventative &Emergency Maintenance for Various Lift Stations Service Agreement-Preventative&Emergency Maintenance for Various Lift St City of Corpus Christi Page 4 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Form 1295- Preventative& Emergency Maintenance for Various Lift Stations.pc 8. 17-1158 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey(USGS) Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of stream flows for rivers associated with the City's reservoirs, with the City's cost to be $157,060. This Contract runs from October 1, 2017 to September 30, 2018. Attachments: Agenda Memo- USGS Agreement 2017 Agreement- USGS Agreement 9. 17-1163 Approving funds subject to reimbursement for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) Motion approving up to but not to exceed $250,000.00 to pay for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) for the City contract period that ended May 2, 2017 and invoices between the City contract and the County contract that begins in August 1, 2017. Nueces County to reimburse full amount of paid funds per interlocal agreement. Attachments: Agenda Memo- Payment of Outstanding CBEHC Invoicesa_9-1-17 10. 17-1092 Second Reading Ordinance - Rezoning property located at 325 North Staples Street (1st Reading 9112117) Case No. 0717-04 J R Electric Company: A change of zoning from the "IL" Light Industrial District to "Cl" Intensive Commercial District. The property is described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by J R Electric Company ("Owner"), by changing the UDC Zoning Map in reference to the property described as Bluff, Block B, Lot 6, City of Corpus Christi Page 5 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 from the "IL" Light Industrial District to "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-04 J R Electric Company Ordinance 0717-04 J R Electric Company with Exhibit Presentation-JR Electric Zoning Zoning Report 0717-04 J R Electric Company with Exhibit 11. 17-1128 Second Reading Ordinance -Adopting the 2017 National Electrical Code (1st Reading 9112117) Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14-1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. Attachments: Agenda Memo Adopting 2017 NEC Ordinance 2017 Adoption NEC- FINAL 12. 17-1069 Second Reading Ordinance -Accepting and appropriating funds for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP)within the Police Department (1st Reading 9112117) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of$202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. Attachments: Agenda memo-STEP appropriation 08.29.2017 Ordinance-(STEP) grant 2017 Grant Agreement L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 13 - 14) 13. 17-1020 Public Hearing and First Reading Ordinance -Rezoning property located at 1840 Saratoga Boulevard Case No. 0717-02 Bradley W. Shirley and Valerie V. Shirley. A change of City of Corpus Christi Page 6 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 zoning from the "RS-6" Single-Family 6 District to the "I L" Light Industrial District. The property is described as being Bohemian Colony Lands 6.379 acres out of Section 7, Lot 5, located north of Saratoga Boulevard and east of Greenwood Drive. Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "RS-6" Single-Family District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Bradley W. Shirley and Valerie V. Shirley Cox ("Owner"), by changing the UDC Zoning Map in reference to Bohemian Colony Lands 6.379 acres out of Sec. 7, Lot 5, from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-02 Bradley W. Shirley and Valerie V. Shirley Ordinance 0717-02 Bradley W. Shirley and Valerie V. Shirley with Exhibits PP 0717-02 Bradley W Shirley and Valerie V Shirley CC Report 0717-02 Bradley W. Shirley and Valerie V. Shirley with Exhibits 14. 17-1024 Public Hearing and First Reading Ordinance -Rezoning property located at 6802 Weber Road Case No. 0617-03 CC Ventures Equities IV, LP: A change of zoning from the "CN-1" Neighborhood Commercial District to "CG-2" General Commercial District. The property is described as being 0.839 acres out of the west 170 feet of Foxwood Estates Phase 111, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by CC Ventures Equities ("Owner"), by changing the UDC Zoning Map in reference to the west 170 feet of Foxwood Estates Phase 111, Block 11, Lot 2, from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-03 CC Ventures Equities IV, LP City of Corpus Christi Page 7 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Ordinance 0617-03 CC Ventures Equities IV, LP PP 0617-03 CC Ventures IV, LP CC Report 0617-03 CC Ventures Equities IV, LP w Exhibits N. REGULAR AGENDA: (ITEMS 15 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 15. 17-1234 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting October 17, 2017 as the date of the adoption of the ad valorem tax rate of$0.626264 per$100 valuation. Attachments: Agenda Memo-setting tax adoption 16. 17-1233 Action to Schedule Two Public Hearings Related to Fiscal Year 2017-2018 Property Tax Motion to consider a tax increase and setting public hearings on the ad valorem tax rate for October 6, 2017 and a second public hearing for October 10, 2017 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo -Action Item Scheduling Two Public Hearings for Tax Rate 17. 17-1132 Second Reading Ordinance -Approving the Fiscal Year 2017-2018 Capital Budget and Capital Improvement Planning Guide (1st Reading 9112117) Ordinance approving the Fiscal Year 2017 - 2018 Capital Budget and Capital Improvement Planning Guide in the amount of$142,224,600. Attachments: Agenda Memo-Capital Budget Ordinance-Capital Budget Presentation-8-29-17 Capital Budget 2018 18. 17-0952 Professional Services Contract for Tourist Area Amenities - Wayfinding Initiative Project Motion authorizing the City Manager or designee to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$251,860 for the Tourist Area Amenities- Wayfinding Initiative project. Attachments: Agenda Memo-Tourist Area Amenities Wayfinding Initiative Prosect Budget-Wayfinding Contract-Wayfinding Initiative Location Map-Tourist Area Amenities Wayfinding Inititative City of Corpus Christi Page 8 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Presentation-Tourist Area Amenities Wayfindinq Q. FIRST READING ORDINANCES: (ITEMS 19 -22) 19. 17-1203 First Reading Ordinance -Adopting the City of Corpus Christi Operating Budget for Fiscal Year 2017-2018 Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2017-2018 beginning October 1, 2017; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo-Adoption of FY 2017-2018 Operating Budget, 1st Reading.doc� Ordinance FY 2017-2018 Budget.docx Schedule of Adjustments FY18 Presentation- FY2018 Budget 1st Reading .pptx 20. 17-1175 First Reading Ordinance -Accepting and appropriating State grant for Violence Against Women Act (VAWA) Program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$51,920.42 for the Violence Against Women Act (VAWA) Program within the Police Department with a cash match of$12,926.93 and an in-kind match of$8,280.00 for a total project cost of$73,127.34; appropriating the $51,920.42 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$12,926.93 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. Attachments: Agenda memo VAWA appropriation 09.19.2017 Ordinance-VAWA grant 2017- Police Award letter 1718 21. 17-1176 First Reading Ordinance -Accepting and appropriating State grant funds for the FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of$11,241.00 for the State FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and appropriating the $11,241.00 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police City of Corpus Christi Page 9 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Department. Attachments: Agenda memo JAG grant appropriation 09.19.2017 Ordinance-FY 2017 Edward Byrne Memorial Justice Assistance Grant-State Award letter 22. 17-1169 First Reading Ordinance -Appropriating Fund Proceeds for Fiscal Year 2016-2017 Ordinance appropriating amounts of: (a) $29,800.19; (b) $1,328,756.52; (c) $1,822,527.28; (d) $112,416.90; and (e) $172,471.79; into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 to increase expenditures accordingly. Attachments: Agenda Memo- Interest Appro Ordinance-Interest Appro Appropriations 2017 R. FUTURE AGENDA ITEMS: (ITEMS 23 -33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 17-1094 Service Agreement for Document Scanning Services for Development Services Motion authorizing City Manager, or designee, to execute a service agreement with MCCi, LLC of Tallahassee, Florida for document scanning services based on the Local Government Purchasing Cooperative dba Buyboard for a total amount not to exceed $135,000. The term of this services agreement is for six months. Funds are budgeted in the Development Services Fund for FY 2016-2017. Attachments: Agenda Memo- Document Scanning Services Price Sheet-Document Scanning Services Service Agreement-Document Scanning Services Form 1295- Document Scanning Services 24. 17-1204 Lease-Purchase of Two Motor Graders for Beach Operations and Ratifying Payments for Additional Monthly Rental of Existing Equipment Resolution authorizing City Manager, or designee, to authorize all documents necessary for the lease-purchase of three loaders and two City of Corpus Christi Page 10 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50; and ratifying the monthly rental of beach operations equipment for the months of November 2015 through January 2016, and November 2016 through January 2017 from Doggett Heavy Machinery Services, LLC and authorizing extension of the current rental agreement through December 2017. Attachments: Agenda Memo- Lease of Three Loaders and Two Motor Graders Resolution- Lease Purchase of Three Loaders and Two Motor Graders Price Sheet- Lease of Three Loaders and Two Motor Graders 25. 17-1133 Construction Contract for North Padre Island Beach Access Road 2 (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Mo-Con Services, Inc. of Corpus Christi, Texas in the amount of$446,996.46 for North Padre Island Beach Access Road 2 for Total Base bid plus Additive Alternate No.1 and Additive Alternate No. 2. (Bond 2014, Proposition 2) Attachments: Agenda Memo- NP Island Beach Access Road 2 Budget- North Padre Island Beach Access Road 2 Location Map North Padre Island Beach Access Road 2 Presentation- PI Beach Access Rd 2 Letter of Recommendation Form 1295 Mo-Con Construction 26. 17-1090 Construction Contract for Staples Street from Alameda Drive to Morgan Avenue (Bond 2014, Proposition 1) 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$3,844,135.12 for Staples Street from Alameda Drive to Morgan Avenue for a total Base Bid 2 (flexible pavement). (Bond 2014 Proposition 1) Attachments: Agenda Memo-Staples Street Budget-Staples Street Location Map Staples Street Presentation-Staples Street Letter of Recommendation Staples Street Form 1295- E13094 MAX Underground Construction 27. 17-1159 Master Service Agreement for Indefinite Delivery/Indefininte Quantity (IDIQ) Major Ditch Improvements (Capital Improvement City of Corpus Christi Page 11 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Program) Motion authorizing the City Manager, or designee, to execute a Master Service Agreement (MSA) with Lockwood, Andrews and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of$300,000 for IDIQ (Indefinite Delivery/Indefinite Quantity) Major Ditch Improvements. (Capital Improvement Program) Attachments: Agenda Memo- IDIQ Maior Ditch Imps Project Budget- IDIQ Maior Ditch Imps Master Service Agreement LAN- IDIQ Maior Ditch Imps Location Map- IDIQ Maior Ditch Imps Presentation- IDIQ Maior Ditch Imps Form 1295 LAN- IDIQ Maior Ditch Imps 28. 17-1160 Engineering Testing Agreement for Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018 Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$138,900 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018. Attachments: Agenda Memo Cefe Valenzuela Groundwater Monitor Prosect Budget Cefe Valenzuela Groundwater Monitoring with formulas Agreement-Cefe Valenzuela Monitorinq Form 1295 TWE Location Map Cefe Valenzuela Landfill Groundwater Monitorinq FY 2017-2018 Presentation Cefe Valenzuela Groundwater Monitoring FY 2017-2018 29. 17-1164 Engineering Testing Agreement for J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018 Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of$131,500 for the J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018. Attachments: Agenda Memo JC Elliott Groundwater Monitor Prosect Budget JC Elliott Groundwater Monitoring with formulas Agreement-JC Elliott Monitoring Location Map JC Elliott Landfill Groundwater Monitoring FY 2017-2018 Form 1295 TWE Presentation JC Elliott Groundwater Monitoring FY 2017-2018 30. 17-1149 Service Agreement for Software and Equipment Upgrades for Solid City of Corpus Christi Page 12 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Waste Scale Systems at Landfills Resolution finding that the purchase and upgrade of software and equipment for the Solid Waste Department's scale systems is a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with A-1 Scale Service, Inc., of San Antonio, Texas, for upgrades of the scale system software and equipment for a total amount not to exceed $85,600.00, with funding available in the FY2016-2017 General Fund. Attachments: Agenda Memo-Software and Equipment Upgrades SW Scale Systems Landfill Resolution Sole Source-Software and Equipment Upgrades SW Scale System Price Sheet-Software and Equipment Upgrades SW Scale Systems Landfills Service Agreement-Software and Equipment Upgrades SW Scale Systems Lai Form 1295-Software and Equipment Upgrades SW Scale Systems Landfills 31. 17-1179 Contract Amendment for Employee Assistance Program Services Motion authorizing the City Manager or designee to execute an amendment to the contract with Family Counseling Services of Corpus Christi, Texas, not to exceed $20,000. The value of the service agreement for the full contract period of September 26, 2013 through September 30, 2017 is a not-to-exceed amount of$69,958. Attachments: Agenda Memo- Family Counselinq FY 2017 extension Amendment IV- EAP Family Counseling Fully Executed 32. 17-1177 Service Agreement for Employee Assistance Program Motion authorizing City Manager, or designee, to execute an agreement with Family Counseling Service of Corpus Christi, Texas to provide employee assistance program services for the Corpus Christi City employees and their families in response to Request for Bid No. 1244 based on the lowest responsive, responsible bid for a total amount not to exceed $15,840.00, and is being budgeted in FY2017-18 through the annual budget appropriations. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Employee Assistance Program Bid Tab-Employee Assistance Program Service Agreement-Employee Assistance Program Form 1295-Employee Assistance Program COF-Employee Assistance Program 33. 17-1147 Service Agreement for Workers' Compensation Third-Party City of Corpus Christi Page 13 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 Administrator Services Motion authorizing the City Manager or designee to execute a service agreement with York Risk Services Group, Inc. of Parsippany, New Jersey for workers' compensation third-party administrator services in accordance with Request for Proposal (RFP) No. 1133, based on best value for a total amount not to exceed $132,000, budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Workers'Compensation TPA Services Service Agreement- Workers'Compensation TPA Services.pdf Evaluation Matrix-Workers' Compensation TPA Services.1 Form 1295-Workers'Compensation TPA Services.pdf COF-Workers'Compensation TPA Services S. BRIEFINGS: (ITEMS 34 -37) 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. 34. 17-1219 Nueces County Appraisal District (NCAD) Update by Ronnie Canales, Chief Appraiser 35. 17-0961 Texas State Aquarium by Tom Schmid, President and CEO Attachments: Agenda Memo -Texas State Aquarium Presentation-TSA CC Brandinq 36. 17-1225 Update - Port of Corpus Christi Authority by City Council Appointees 37. 17-1201 Funding for Old Bayview Cemetery T. EXECUTIVE SESSION: (ITEMS 38 -40) 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. 38. 17-1039 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult City of Corpus Christi Page 14 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 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, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, 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, including, but not limited to local government corporation(s), 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), including, but not limited to, potential contracts for the provision of water to said business prospect(s). 39. 17-1187 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 provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, and/or North Padre Waterpark Holdings, Ltd. and possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to 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). 40. 17-1218 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Auditor. U. 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 City of Corpus Christi Page 15 Printed on 911 812 01 7 City Council Meeting Agenda-Final September 19, 2017 agenda, but no other action will be taken, and no public comment solicited. V. ADJOURNMENT City of Corpus Christi Page 16 Printed on 911 812 01 7 Cit`, of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 forward.cctexas.com Meeting Minutes Cr City Council Tuesday,September 12, 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 Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Steve Viera, Director of Human Resources. Director of Human Resources Steven Viera 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 911512017 City Council Meeting Minutes September 12, 2017 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring September 2, 2017, "Foy H. Moody High School 50th Anniversary Day". Proclamation declaring September 8, 2017, "International Literacy Day" and September 2017, "International Literacy Month". Proclamation declaring September 11, 2017, "9/11 Day of Service and Remembrance". Proclamation declaring September 17, 2017, "Mission of Mercy 10-Year Anniversary- A Decade of Healing Through Love Day" Proclamation declaring September 30, 2017, "Corpus Christi Out of the Darkness Walk". Presentation donating to "Mayor's Hurricane Harvey Fund" by Nathaniel Villarreal - Age 7. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor McComb presented the proclamations;accepted a donation to the "Mayor's Hurricane Harvey Fund"from Nathaniel Villarreal; and conducted the swearing-in ceremony for a newly appointed committee member. 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. Kevin Kieschnick, Nueces County Tax Assessor,spoke regarding Agenda Item 14,an ordinance adopting the FY2018 Property Tax Rate, providing information to the City Council on the state law requirements and deadlines related to adopting the tax rate;the timeline of procedures for Nueces County to provide consolidated tax statements to property owners;the impact of Hurricane Harvey to entities in Nueces County and the Governor's ability to waive or extend the deadline calendar;and the requirements should the City Council consider a tax rate higher than the posted rate of$0.606264 per$100 valuation.Jack Gordy,4118 Bray Drive, spoke regarding blocked City of Corpus Christi Page 2 Printed on 911512017 City Council Meeting Minutes September 12, 2017 sidewalks and requested that City Council place this discussion on a future agenda.Tony H. Garza,579 Tuna Street, spoke regarding issues with the 2-1-1 registry for citizens needing assistance during a disaster and the City not contacting him during the hurricane event to take him to safety. Margareta Fratila,3606 Tripoli, requested that the City Council develop an Adopt-An-Evacuee Program to assist individuals affected by the hurricane. Cheryl Martinez,3938 Surfside, spoke regarding the following topics:the Special City Council meeting on September 8,2017 related to Hurricane Harvey did not include a report on Animal Control;the phenomenal job performed by Animal Control during the hurricane event;and clarified inaccurate information regarding resources offered to Animal Control after the hurricane.Susie Luna Saldana, 4710 Hakel,commended the Police Department's efforts during the hurricane and the need for additional police officers. Mayor McComb stated that false information was being reported on social media regarding insurance claims being denied because a mandatory evacuation was not issued during the hurricane. Mayor McComb encouraged residents that have been denied coverage for this reason to contact his office and he will forward the information to the Texas Department of Insurance and the Attorney General. 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)The Storm Water Treatment Division of the Utilities Department has been awarded a Gold Level in Project Management and a Gold Level in Innovation for the MS4 Program.The MS4 Program is a system of drainage ditches and storm water mains that discharge storm water and runoff. Interim Water Quality Manager Crystal Ybanez submitted information to the Water Environment Federation and the National Municipal Storm Water and Green Infrastructure Awards Program. The award recognizes high performers in project management and innovation. An example of this proactive measure of the City's storm water system is the basket inlet cleaning program.2)The Texas Commission on Arts has recently designated downtown Corpus Christi as the state's newest Cultural District.The City Council adopted a resolution of support which helped secure this designation.A cultural district is a special zone that harnesses the power of cultural resources to stimulate economic development and community revitalization.The Corpus Christi Downtown Cultural District will be eligible for grants and unique opportunities as a result of the designation.3) Due to increased contamination entering the recycling stream,the Communications and Solid Waste Departments have teamed up to help educate residents about proper recycling. City Manager Rose provided a sneak peak of the new Recycle-Right Campaign. G. MINUTES: 2. Regular Meeting of August 29, 2017 and Workshop of August 10, 2017. City of Corpus Christi Page 3 Printed on 911512017 City Council Meeting Minutes September 12, 2017 Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. Corpus Christi Downtown Management District Museum of Science and History Advisory Board Parks and Recreation Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Downtown Management District Council Member Garza made a motion to appoint Eric R. Gutschow(Property Owner),seconded by Council Member Lindsey-Opel and passed unanimously. Museum of Science and History Advisory Board Mayor McComb made a motion to realign Anita Eisenhauer from Advisory, Non-Voting to the Community Advocate category and Ruben E. Rocha,Jr.,from Advisory, Non-Voting to the K-12 Education category, seconded by Council Garza and passed unanimously. Mayor McComb made a motion to appoint Claudia C. Huerta(Friends of the Museum Nominee)and Suzzette F. Chopin (Community Advocate),seconded by Council Member Hunter and passed unanimously. Parks and Recreation Advisory Committee Council Member Rubio made a motion to appoint Donnie Contreras, seconded by Council Member Vaughn and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 10) Mayor McComb referred to the Consent Agenda.There were no comments from the public. Council members requested that Items 4,5,6, 7,and 8 be pulled for individual consideration. 4. Service Agreement for Health and Welfare Consulting Services Motion authorizing the City Manager or designee to execute service agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare benefits consulting services in accordance with Request for Proposal (RFP) No. 973, based on best value for a total amount not to exceed $59,000 for the initial year, with a step price increase throughout the City of Corpus Christi Page 4 Printed on 911512017 City Council Meeting Minutes September 12, 2017 option years. The initial year's funding will be requested for FY 2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Mayor McComb referred to Item 4,execution of a service agreement for health and welfare benefits consulting services. In response to council members, Director of Human Resources Steven Viera stated that the purpose of this item is to hire a benefits consultant that will provide a robust service level to address the City's needs related to insurance and benefits.The consultant will assist with the bidding process, request for proposals (RFP), build benefits programs that are sustainable and sufficient; and provide actuarial services. The consultant was selected through an RFP process and will provide assistance and develop initiative programs to lower costs.There were no comments from the public. Council Member Hunter announced that he was abstaining from this item. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: M2017-133 Approval of the Consent Agenda Mayor McComb referred to Consent Agenda Items 9 and 10. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Rubio.The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 9. Supply Agreement for Cement Stabilizing Sand Motion authorizing City Manager, or designee, to execute a supply agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for the supply of cement stabilizing sand in response to Request for Bid No. 1152 based on the lowest responsive, responsible bid for a total amount not to exceed $297,828.94, with an estimated expenditure of$24,819.08 in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the sole discretion of the City. City of Corpus Christi Page 5 Printed on 911512017 City Council Meeting Minutes September 12, 2017 This Motion was passed on the consent agenda. Enactment No: M2017-138 10. Supply Agreement for Sodium Hypochlorite for Water and Wastewater Plants Motion authorizing City Manager, or designee, to execute a supply agreement with Brenntag Southwest, Inc., of Longview, Texas for the purchase of Sodium Hypochlorite ("chemical') in response to Request for Bid No. 1149 based on the lowest responsive, responsible bid for a total amount not to exceed $1,498,465.05, with an estimated expenditure of $124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-139 5. Purchase and Installation of Playground Equipment for Captain Falcon Park (4712 Oso Parkway)and Crestmont Park (3521 Cresthill Drive) Motion approving the purchase and installation of playground equipment at Captain Falcon Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for$52,152.65, and the purchase and supervision of installation of playground equipment at Crestmont Park from Exerplay, Inc., of Cedar Crest New Mexico for$61,059.75, for a total not to exceed of$113,212.40 based on the cooperative purchasing agreement with the Local Government Purchasing Cooperative dba BuyBoard. Mayor McComb referred to Item 5,the purchase and installation of playground equipment for Captain Falcon and Crestmont Parks. In response to a council member, Director of Parks and Recreation Jay Ellington stated that the work for Crestmont Park is on schedule and expected to be completed within 60 to 90 days. There were no comments from the public. Council Member Rubio made a motion to approve the Motion,seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-134 6. Construction Contract for the Aquatic Facility Upgrades and City of Corpus Christi Page 6 Printed on 911512017 City Council Meeting Minutes September 12, 2017 Improvements -West Guth Pool Project Motion authorizing the City Manager, or designee, to execute a construction contract with Progressive Commercial Aquatics, Inc. of Houston, Texas in the amount of$1,512,189 for the Aquatic Facility Upgrades and Improvements- West Guth Pool project for the base bid plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4) Mayor McComb referred to Item 6,execution of a construction contract for Aquatic Facility Upgrades and Improvements -West Guth Pool project. Director of Parks and Recreation Jay Ellington, Executive Director of Public Works Valerie Gray and council members discussed the following topics:whether a company specializing in pools provided a bid for the improvements and maintenance; the project scope; responsibility for pool maintenance;the improvements to the pavilion;the total funding for Bond 2012, Proposition 4; the amount of funding spent on Collier Pool;the length of time West Guth Pool will be closed for improvements;and the estimated date of completion.There were no comments from the public. Council Member Vaughn made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-135 7. Professional Services Contract for the Bridge Rehabilitation Project (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a professional services contract with LJA Engineering, Inc., of Corpus Christi, Texas in the amount of$114,950 for the Bridge Rehabilitation project. (Capital Improvement Program) (CIP) The term of this agreement is for one year with option to extend for two additional one-year periods subject to the sole discretion of the City based on sufficient funding and successful performance by the engineering firm. Mayor McComb referred to Item 7,execution of a professional service contract for the Bridge Rehabilitation Project. In response to a council member, Director of Engineering Services Jeff Edmonds stated that the budget of $114,950 will cover the cost of the project scope and the language authorizing the City Manager to administratively exercise the two-additional one-year options only being necessary to extend the period of performance. Mr. Edmonds said no additional funding is being authorized. Council Member Smith made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the City of Corpus Christi Page 7 Printed on 911512017 City Council Meeting Minutes September 12, 2017 following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-136 8. Supply Agreement for Concrete Motion authorizing City Manager, or designee, to execute a supply agreement with Custom-Crete, LLC, of Euless, Texas for the purchase of concrete in response to Request for Bid No. 958 based on the lowest responsive, responsible bid for a total amount not to exceed $105,700.00 with an estimated expenditure of$8,808.33 in FY2016-2017 and funded by the Storm Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Mayor McComb referred to Item 8,a supply agreement for concrete. Director of Street Operations Andy Leal,Assistant Director of Financial Services Kim Baker and council members discussed the following topics:the cost per yard for concrete; the current cost per yard to the public;the delivery charge of $50.00;whether the City receives discounts for larger supplies of concrete; the competitive bidding process;only having one contractor participate in the bidding process;the ability to contact other suppliers; notification to bidders; the fluctuating cost of concrete;whether staff is experiencing difficulties with companies applying to supply concrete to Corpus Christi; and requesting that staff come back with ways to increase suppliers participation in procurements. There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-137 M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 325 North Staples Street Case No. 0717-04 J R Electric Company: A change of zoning from the City of Corpus Christi Page 8 Printed on 911512017 City Council Meeting Minutes September 12, 2017 "IL" Light Industrial District to "Cl" Intensive Commercial District. The property is described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by J R Electric Company ("Owner"), by changing the UDC Zoning Map in reference to the property described as Bluff, Block B, Lot 6, from the "IL" Light Industrial District to "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 11. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the enclosure of a 1,848 square foot non-conforming accessory structure built within the property's rear setback. Mr. Green presented the following information: an aerial view of subject property;the zoning pattern; and the Unified Development Code(UDC) requirements. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Council members and staff discussed the following topics: the zoning violations on the subject property;whether approval of the zoning change will resolve the violations;when the structure was built;and questions related to attendance of Planning Commission members. Mayor McComb opened the public hearing. Luciano Leal,Jr.,applicant, stated that he was not previously aware the structure was not in compliance and requested approval of the rezoning. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 12. Public Hearing and First Reading Ordinance -Adopting the 2017 National Electrical Code Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14-1306,14-1316, City of Corpus Christi Page 9 Printed on 911512017 City Council Meeting Minutes September 12, 2017 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. Mayor McComb referred to Item 12. Interim Director of Development Services Bill Green stated that the purpose of this item is to amend the City's Code of Ordinances to align with Texas state laws including adoption of the 2017 National Electric Code per the Texas Department of Licensing and Regulation and an amendment of the Texas Occupations Code, by recent passage of HB 3329,which eliminates collection of fees for local registration or electrical permit fees from licensed electricians.The state law requirements went into effect September 1,2017. Electrical registration and permit fees for stand-alone work are currently being administratively waived until City Council approval of the proposed ordinance. Mr. Green stated that staff advised the City's Electrical Advisory Board of the proposed changes and conducted outreach and educational training with local electricians. Building Official and Interim Assistant Director of Development Services Gene DeLauro and Senior Assistant City Attorney Buck Brice were present to respond to questions. Council members and staff discussed the following topics: participation at the educational training;the number of local electricians; additional communication regarding the proposed amendments; and whether the reduction of fees was included in the proposed budget. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 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 returned to comments from the public. Gene Pasahow spoke regarding local doctors not taking Tri-Care and City of Corpus Christi Page 10 Printed on 911512017 City Council Meeting Minutes September 12, 2017 other insurances used by older individuals. L. RECESS FOR LUNCH Mayor McComb called for a recess at 1:30 p.m. Mayor McComb reconvened the Council meeting at 2:04 p.m. N. REGULAR AGENDA: (ITEMS 13 - 16) 13. Resolution Amending City Council Policies Resolution Amending City Council Policies - Service on More Than One Board, Commission, Committee or Corporation. Mayor McComb referred to Item 13. City Secretary Rebecca L. Huerta stated that the purpose of this item is to amend the City Council Policies to allow the City Council to appoint a person to serve as a director of both a Type A and Type B Corporation,concurrently.There were no comments from the public. Council members and staff discussed the following topics: consideration to appoint two members of the City Council to the Type B Corporation; a legal opinion on whether City Council is eligible to service on the Type B Corporation;state law provisions allowing City Council members to serve on the Type B Corporation;the benefits of having council members serve on the Type B Board based on passed experiences with the Type A Board; the approval process for expenditure of Type B funds;whether council members have ever served on the Type A Corporation;whether the Type B Corporation has been created; concern that council members on the Type B Corporation would cause undue influence;options to eliminate the disconnection and improve communications between the Type B Corporation and the City Council; and work already performed by staff related to a Motion of Direction at the August 22,2017 City Council meeting to advertise and bring back for appointment two additional representatives to serve on the Type B Corporation. Mayor McComb made a motion to approve the resolution,seconded by Council Member Guajardo. This resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031242 MOTION TO RECONSIDER Council Member Rubio made a motion to reconsider the Motion of Direction approved by the City Council on August 22,2017 to advertise and bring back for appointment two additional representatives to serve on the Type B City of Corpus Christi Page 11 Printed on 911512017 City Council Meeting Minutes September 12, 2017 Corporation,seconded by Council Member Vaughn. The Motion to Reconsider failed with the following vote:Vaughn, Hunter, Lindsey-Opel, Rubio and Smith, voting "Aye"; Mayor McComb, Council Members Garza, Guajardo, and Molina,voting "No". 14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Mayor McComb referred to Item 14. Director of Financial Services Constance Sanchez stated that the purpose of this item is to approve an ordinance setting the property tax rate for FY2018 of$0.606264 per$100 valuation.Since this tax rate is above the effective tax rate of$0.587958 per$100 valuation, the City is required by the Property Tax Code to disclose the percentage of 3.11%in the caption of the ordinance.The two required public hearings were held on August 22,2017 and August 29,2017.There were no comments from the public. Council members and staff discussed the following topics: clarification regarding the difference between the 3.11%increase over the effective tax rate and the total tax rate effectively being raised by 4.69%;the letter submitted by Mayor McComb to Governor Greg Abbott requesting that the tax calendar deadlines be extended due to Hurricane Harvey;the voter-approved charter amendment to establish a dedicated fund to address residential street reconstruction funded by a tax increase, and not to exceed two cents per one hundred dollars assessed value per year. MOTION OF DIRECTION Mayor McComb made a motion directing the City Manager to prepare documents necessary to provide for an increase of 2 cents,for a total tax rate of$0.626264 per$100 valuation,dedicated to residental streets,seconded by Council Member Rubio. Discussion on the motion of direction included:concern that increasing the tax rate two cents would subject the tax rate to a referendum; an explanation of the referendum process;state legislative restrictions; the amount set aside in the FY2017-2018 proposed budget for residential streets;the need to have quality residential streets; the amount of revenue generated by increasing the tax rate by two cents; the revenue generated by the street maintenance user fee; and concern on how an increase on property taxes will affect homeowners. The Motion of Direction was passed and approved with the following vote: Mayor McComb, Council Members Garza, Lindsey-Opel, Molina, Rubio,and Smith,voting "Aye"; Council Members Vaughn, Guajardo, and Hunter,voting "No". City Manager Rose stated that, based on the Motion of Direction,staff will advertise in the newspaper on Friday,September 15, 2017 and two public hearings will need to be held on Friday, September 22,2017 and Monday, September 25,2017,with final action by the City Council on Thursday, September 28,2017. City of Corpus Christi Page 12 Printed on 911512017 City Council Meeting Minutes September 12, 2017 15. Construction Contract for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY 2018 (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with American Process Group, Inc., of Tacoma, Washington in the amount of$3,750,000 for the O.N. Stevens Water Treatment Plant (ONSWTP) Intermediate Sludge Removal Phase 1 FY 2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital Improvement Program) (CIP) Mayor McComb referred to Item 15. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute a construction contract with American Process Group, Inc.for the O.N.Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 FY2018 for Base Bid Part A plus Additive Alternate No. 1. Mr. Edmonds provided a brief overview of the project background and timeline.There were no comments from the public. Council members and staff discussed the following topics: the evaluation of street impacts with track hauling and whether the transportation adjustment factor will be included in future bid evaluations;approval of the the base bid allowing for an interim solution on sludge removal for an estimated six years; working toward a permanent solution to address sludge removal;staffs recommendation to approve the base bid and increase tonnage;the impact on ratepayers of increasing tonnage up to the budgeted amount;and consideration to amend the motion to the bid value. Council Member Smith made a motion to amend the motion for the Base Bid Part A plus Additive Alternate No. in the amount of$2,640,640.12,seconded by Council Member Guajardo and passed unanimously. Council Member Lindsey-Opel made a motion to approve the motion as amended,seconded by Council Member Smith. This Motion was passed and approved as amended with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-142 16. Second Reading Ordinance -Adjusting Water and Wastewater Utility Rates (1st Reading 8115117) Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for City of Corpus Christi Page 13 Printed on 911512017 City Council Meeting Minutes September 12, 2017 publication and effective date of January 1, 2018. Mayor McComb refered to Item 16,water and wastewater utility rates. City Manager Margie C. Rose stated that this second reading of this item was pulled from the City Council Agenda on August 22,2017 to allow staff the opportunity to re-evaluate the rate model.As a result,a revised ordinance is being presented to City Council with a lower water rate. Assistant Director of Support Services for Water Utilities Reba George stated that the purpose of this item is to amend the City's Code of Ordinances with revisions adjusting the water and watewater utility rates,with an effective date of January 1, 2018. Ms. George presented the following information:the revised rate review schedule;the proposed water rate summary;and a sample bill of the current and revised water rates.There are no revisions to the wastewater rates. Council members and staff discussed the following topics:whether the revised rates cover operating costs;clarification on the sample water rates;aligning usage to rates;concern with increasing rates;capital improvement projects associated with the water boil and the obligations made to the public to ensure water quality; and cash funding versus aquiring debt for capital improvements. Council Member Garza made a motion to amend the utility rate ordinance, prior to the second reading, by reducing rates as stated in the document titled, "Utility Rate Ordinance August 29,2017",seconded by Council Member Molina. This Motion to amend was passed and approved with the following vote: Mayor McComb, Council Members Garza, Lindsey-Opel, Molina,and Smith,voting "Aye"; Council Members Vaughn, Guajardo, Hunter,and Rubio,voting "No". Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading and approved as amended with the following vote: Aye: 5- Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina and Council Member Smith Nay: 4- Council Member Guajardo, Council Member Hunter, Council Member Rubio and Council Member Vaughn Abstained: 0 Enactment No: 031244 O. RECESS TO CORPORATION MEETING: (ITEM 17) Mayor McComb recessed the regular Council meeting to hold the Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation. 17. Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) This Corporation Meeting was held. City of Corpus Christi Page 14 Printed on 911512017 City Council Meeting Minutes September 12, 2017 P. RECONVENE CITY COUNCIL MEETING: Mayor McComb reconvened the regular Council meeting. REGULAR AGENDA: (ITEM 14) 14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Mayor McComb deviated from the agenda and returned to Item 14,adoption of the FY2018 Property Tax Rate. City Manager Margie C. Rose received confirmation from the City Council to publish in the Caller Times on Friday, September 15,2017 that the City Council will hold two public hearings on Friday,September 22, 2017 at 11:30 a.m.and Monday,September 25,2017 at 11:30 a.m.,with adoption of the property tax rate on Thursday, September 28, 2017 at 4:00 p.m. Q. FIRST READING ORDINANCES: (ITEMS 18 - 19) 18. First Reading Ordinance -Approving the Fiscal Year 2017-2018 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2017 - 2018 Capital Budget and Capital Improvement Planning Guide in the amount of$142,224,600. Mayor McComb referred to Item 18.Assistant City Manager Mark Van Vleck stated that the purpose of this item is to approve the FY2017-2018 Capital Budget and Capital Improvement Planning (CIP)Guide in the amount of $142,224,600.There were no comments from the public. Council members and staff discussed the following topics: the need to address improvements to City Hall including fencing and lighting;the ability to include City Hall improvements in the CIP; issues associated with fencing at City Hall; and the need to find a funding source. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 City of Corpus Christi Page 15 Printed on 911512017 City Council Meeting Minutes September 12, 2017 19. First Reading Ordinance -Accepting and appropriating funds for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP)within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of$202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. Mayor McComb referred to Item 19. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of Transportation in the amount of$155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project(STEP)within the Police Department to provide for overtime funding for DWI,speed enforcement, and distracted driving.There were no comments from the public. A council member asked questions regarding distracted driving enforcement efforts. Council Member Lindsey-Opel made a motion to approve the Ordinance, seconded by Council Member Vaughn. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 R. 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 21.A council member requested information on Item 22. 20. Service Agreement for Tire Repair and Replacement Services for the Corpus Christi Fire Department Motion authorizing City Manager, or designee, to execute an agreement with Beasley Tire Services, Inc. of Houston, Texas for the repair and replacement services of tires for the Corpus Christi Fire Department in response to Request for Bid No. 978 based on the lowest responsive, responsible bid for a total amount not to exceed $116,510.00, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. City of Corpus Christi Page 16 Printed on 911512017 City Council Meeting Minutes September 12, 2017 This Motion was recommended to the consent agenda. 21. Professional Services Contract for Tourist Area Amenities - Wayfinding Initiative Project Motion authorizing the City Manager or designee to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$251,860 for the Tourist Area Amenities - Wayfinding Initiative project. This Motion was recommended to regular agenda. 22. Resolution to Execute an Advance Funding Agreement(AFA)for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project (Bond 2012, Proposition 8) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with City's required payment to TxDOT in the amount of$21,000 for reimbursement of direct state costs. (Bond 2012, Proposition 8) This Resolution was recommended to consent agenda. 23. Construction Contract for Citywide Collection System Pipe Bursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part C (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a multi-year ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas in the amount of$2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four(4) optional one (1) year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. (Capital Improvement Program) (CIP) This Motion was recommended to the consent agenda. 24. Service Agreement for Preventative and Emergency Maintenance for Various Lift Stations for Wastewater Motion authorizing City Manager, or designee, to execute a service agreement with ADK Environmental, Inc., of Odem, Texas for preventative and emergency maintenance for various lift stations for Wastewater Division in response to Request for Bid No. 1247 based on City of Corpus Christi Page 17 Printed on 911512017 City Council Meeting Minutes September 12, 2017 the lowest responsive, responsible bid for a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was recommended to the consent agenda. 25. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of stream flows for rivers associated with the City's reservoirs, with the City's cost to be $157,060. This Contract runs from October 1, 2017 to September 30, 2018. This Motion was recommended to the consent agenda. 26. Approving funds subject to reimbursement for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) Motion approving up to but not to exceed $250,000.00 to pay for services provided by Texas A&M Health Science Center(Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) for the City contract period that ended May 2, 2017 and invoices between the City contract and the County contract that begins in August 1, 2017. Nueces County to reimburse full amount of paid funds per interlocal agreement. This Motion was recommended to the consent agenda. S. FUTURE CORPORATION MEETING: (ITEM 27) 27. Annual Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was recommended to be held. T. BRIEFINGS: (ITEM 28) 28. Discussion regarding Appointments to the Charter Review Ad Hoc Committee Mayor McComb referred to Item 28. City Secretary Rebecca L. Huerta stated that the purpose of this item is to provide a briefing on the appointment of a City of Corpus Christi Page 18 Printed on 911512017 City Council Meeting Minutes September 12, 2017 Charter Review Ad Hoc Committee. City Secretary Huerta provided a overview of the key topics discussed at the March 28, 2017 City Council meeting. Staff initially informed the City Council that the first available election date to amend the City Charter was November 5,2019.The Texas Secretary of State's Office has clarified that the election can be held on any uniform election date in 2019.There was a discussion regarding a target election date, including the pros and cons, but no clear consensus to hold an election in November 2019 or November 2020.The City Council decided on a comprehensive review of the Charter.The Council discussed creating a Charter Review Committee comprised of citizens with in-house legal support.The Council discussed simplifying the language in the City Charter to make it easier to understand. The appointment process discussed included: individual council members would make nominations which would be subject to confirmation by the City Council; the City Council would appoint the Chairperson;and that the Council was to revisit the issue after the May 2017 Special Mayoral Election;and Council Member Rubio having made a motion at the July 11,2017 City Council meeting to add a future agenda item regarding the appointment of the Charter Review Commission to a future agenda. City Secretary Huerta stated that prior to the creation of a committee,staff will need direction from the Council regarding the target election date and clarification on the definition of"comprehensive" in order to create a timeline. City Secretary Huerta provided information on the timeline of previous Charter Review Committees;delays in the review process related to City Council terms; and costs and turnout related to elections. Council Member Rubio thanked City Secretary Huerta for the information and stated that she did not support a Special Election for a Charter review. Council Member Rubio stated that the comprehensive review should include a complete review of the charter, from beginning to end, to simplify and address loopholes in the language. Council Member Rubio expressed support for creating a committee after City Council elections in 2018,to be comprised of citizens,with in-house legal support. REGULAR AGENDA: (ITEM 14) 14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Mayor McComb deviated from the agenda and returned to Item 14,adoption of the FY2018 Property Tax Rate. Mayor McComb made a motion setting September 28, 2017 as the date of the adoption of the ad valorem tax rate of$0.626264 per$100 valuation,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 6-Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, and Council Member Smith City of Corpus Christi Page 19 Printed on 911512017 City Council Meeting Minutes September 12, 2017 Nay: 3-Council Member Guajardo, Council Member Hunter,and Council Member Vaughn Enactment No.: M2017-140 Mayor McComb made a motion to consider a tax increase and to set a public hearing on the ad valorem tax rate for September 22,2017 and a second public hearing for September 25,2017 during Special City Council meetings beginning at 11:30 a.m. in the Council Chambers at City Hall, 1201 Leopard Street, Corpus Christi, Texas,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 6-Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, and Council Member Smith Nay: 2-Council Member Guajardo and Council Member Hunter Absent: 1 -Council Member Vaughn Enactment No: M2017-141 U. EXECUTIVE SESSION: (ITEMS 29 -31) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 5:36 p.m. The Council returned from executive session at 7:40 p.m. 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 water supplies for industrial and other development, existing or potential agreements with water districts and other governmental entities involving the sale or purchase of water, wastewater, water rights or other utility services, potential 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, desalination, water reuse, and state regulations related to the aforementioned topics, 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), including, but not limited to, the provision of water to said business prospect(s) and the City of Corpus Christi Page 20 Printed on 911512017 City Council Meeting Minutes September 12, 2017 management, sale, or acquisition of rights to water for said business prospect(s). This E-Session Item was discussed in executive session. 30. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims and potential litigation related to the contract for the construction of the Mary Rhodes Pipeline Phase 2 - Pump Station/Sedimentation Basin and potential authorization of professional services agreement(s) with expert(s) for analysis of aforementioned claims. Mayor McComb referred to Item 30 and the following motion was considered: Motion to authorize the execution of Amendment No. 1 to a Professional Services Agreement for consulting engineering claims analysis and other expert services for anticipated litigation in the Mary Rhodes Pipeline Phase 2, Pump Station/Sedimentation Basin, Project No. E10008 in an additional amount not to exceed $90,000 with the consulting/engineering/expert firm of Spire Consulting Group, LLC and authorize carry-over of unexpended funds into the following fiscal years. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-143 31. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This E-Session Item was discussed in executive session. REGULAR AGENDA: (ITEM 14) 14. Ordinance Adopting the Fiscal Year 2018 Property Tax Rate Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11% increase over the effective tax rate; and declaring an emergency. Mayor McComb deviated from the agenda and returned to Item 14,adoption of the FY2018 Property Tax Rate. Mayor McComb stated that he submitted a letter City of Corpus Christi Page 21 Printed on 911512017 City Council Meeting Minutes September 12, 2017 to Governor Abbott requesting an extension of the deadlines for adopting the tax rate. There is a provision in the statute for posting a proposed tax rate by September 1st. Mayor McComb explained that the City will proceed with the approved calendar to increase the tax rate to$.626264 per$100 valuation. Mayor McComb stated that should the Governor not approve the request for extension, it is recommended that the City Council adopt the existing tax rate for the record. Mayor McComb made a motion to approve the Ordinance setting a property tax rate of$0.606264 per$100 valuation,which is effectively a 3.11%increase over the effective tax rate; and declaring an emergency,seconded by Council Member Garza.This Ordinance failed with the following vote: Aye: 5-Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina,and Council Member Smith Nay: 4-Council Member Guajardo, Council Member Hunter, Council Member Rubio and Council Member Vaughn MOTION TO RECONSIDER Council Member Hunter made a motion to reconsider Item 14,seconded by Council Member Rubio.This Motion to Reconsider passed with the following vote: Aye: 6-Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 3-Council Member Guajardo, Council Member Hunter,and Council Member Vaughn Mayor McComb made a motion to approve the Ordinance setting a property tax rate of$0.606264 per$100 valuation which is effectively a 3.11%increase over the effective tax rate; and declaring an emergency,seconded by Council Member Garza. This Ordinance was passed and approved on emergency with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 3- Council Member Guajardo, Council Member Hunter and Council Member Vaughn Abstained: 0 Enactment No: 031243 V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Vaughn made a motion to bring back a future discussion related to funding for Old Bayview Cemetery,seconded by Council Member Hunter.The Motion was approved by consent of the City Council. City of Corpus Christi Page 22 Printed on 911512017 City Council Meeting Minutes September 12, 2017 W. ADJOURNMENT The meeting was adjourned at 7:56 p.m. City of Corpus Christi Page 23 Printed on 911512017 Cit`, of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 forward.cctexas.com Meeting Minutes Cr City Council Friday, September 8,2017 1:30 PM Council Chambers SPECIAL CITY COUNCIL MEETING Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Items on this agenda are for Council's information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 1:34 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. (Note: Council Member Smith arrived at 1:40 p.m.) Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. C. BRIEFINGS: 1. Update on Hurricane Harvey Mayor McComb referred to Item 1,an update on Hurricane Harvey. Mayor McComb thanked the citizens of the Corpus Christi for their outstanding response to the hurricane event. Mayor McComb stated that Corpus Christi was extremely fortunate to avoided any fatalities as a result of the hurricane and that the City's number one goal was public safety. Mayor McComb commended the work of City staff involved in the preparation and response during this event. Mayor McComb discussed the devastation and impact Hurricane Harvey had on surrounding communities and the City's efforts to assist those communities. City Manager Margie C. Rose stated that the purpose of this item is to provide City of Corpus Christi Page 1 Printed on 911412017 City Council Meeting Minutes September 8, 2017 information on the activities that occurred before, during,and after Hurricane Harvey. City Manager Rose addressed the communications that occurred between the City Manager and City Council and the City's reporting on the event through social media. Fire Chief Robert Rocha provided a brief overview of the presentation including: pre-storm preparations;actions taken during the hurricane; post-storm strategies; damage assessment; preliminary estimated costs associated with the storm; important timelines;and next steps in the recovery process. John Metz, National Weather Service(NWS)Corpus Christi, provided the following information: facts on Hurricane Harvey; National Oceanic and Atmospheric Administration (NOAA) post storm aerial surveys of impacted areas;first weather briefing on August 18,2017; NWS weather briefing on August 21,2017;the genesis of the Hurricane Harvey; a radar depiction of the landfall;the Saffir-Simpson Hurricane Wind Scale; photos of wind and surge damage in Corpus Christi; peak storm surge analysis; photos of the impact of wind and storm surge in hard impact areas of Rockport,Aransas County, Port Lavaca, Port Aransas,Aransas, Lamar;estimated impacts of Harvey;and a history of floods. Mr. Metz stated that the hurricane season is now at its peak point and reminded the public to continue to remain prepared. Emergency Manager Billy Delgado highlighted pre-storm preparations at each Emergency Operations Center(EOC)activation level and preparations outside of the EOC. Deputy Fire Chief Richie Quintero discussed the assisted evacuation efforts for relocating residents to shelters in San Antonio;the activation of the refuge team;and post-storm damage assessment activities. Interim Executive Director of Utilities Dan Grimsbo reported on water and wastewater operations affected during the storm Fire Chief Rocha stated that the next section of the presentation was related to significant issues post-storm including: debris removal; restoration of services; emergency repair of buildings and lift stations;and emergency mutual aid to neighboring communities. Interim Executive Director of Utilities Dan Grimsbo reported on the following: wastewater operations; maintenance of lines operations;and gas operations. Director of Solid Waste Operations Lawrence Mikolajczyk provided an update on Solid Waste Services including: the debris recovery; post event assistance for debris pick-up;the debris management sites; current storm debris collections;and the impact of Hurricane Harvey to the Cefe Valenzuela Landfill. Director of Street Operations Andy Leal addressed the following street operations:the maintenance of traffic signals and signs; pavement clearing; support to the Police Department, Fire Department,and Solid Waste Department;and reporting of damaged residential street lights to AEP. Interim Director of Development Services Bill Green discussed the following topics: the damage assessment impact to private community and public facilities; windshield damage assessment to private property;and the initial damage assessment to City facilities. Director of Engineering Services Jeff Edmonds provided the following information regarding damages to Packery Channel: satellite images and photos of erosion damage;the transmission water line break;and structural damage. Mr. Edmonds discussed the FEMA repair completion schedule and preliminary cost estimates for personnel, facilities City of Corpus Christi Page 2 Printed on 911412017 City Council Meeting Minutes September 8, 2017 and equipment. Deputy Chief Quintero provided the timeline of the repatriation of evacuees. Emergency Manager Billy Delgado provided an overview of post storm assistance calls and volunteer coordination. Fire Chief Rocha stated that the next steps include:finalizing the city's damage assessment; completion of disaster summary outline for FEMA reimbursement; FEMA's establishment of a Disaster Recovery Center; FEMA's outreach to affected areas;door-to-door damage assessments conducted by the Red Cross; Ben Garza Gym provided for a Red Cross Shelter;continuing debris collection; review of procedures and protocols related to the storm;continuing to provide mutual aid to neighboring communities; review of contract management;and undergoing facility review. City Manager Rose stated that residents can continue to expect that the City of Corpus Christi will continue to remove debris and repair damages to signage and traffic signals. City Manager Rose discussed the issues with utilities during the storm and reported that all utilities are operational. Council members and staff discussed the following topics: appreciation to first responders,emergency operations and city staff; the FEMA maximum reimbursement; FEMA eligible expenses for recovery; how decisions are made to open a shelter; the reason for evacuating residents to San Antonio;the difference between a shelter and a refuge of last resort;the activation of refuge teams at the domes; registration though 2-1-1 for individuals needing assistance during a disaster event and how this information is communicated to the public; the efforts by AEP to address power outages;the damages to Port Aransas and Mustang Island and the City's assistance to help those communities; damages to to maintenance barn on Mustang Island; improving communications with the various EOC operations being conducted in the City; the issues resulting in the overflow of the lift station at the Greenwood Wastewater Treatment Plant;the Texas Commission on Environment Quality (TCEQ)waiving regulatory issues on wastewater actions during a declaration of emergency; Greenwood Wastewater Treatment Plant being the only plant with an overflow; previous council discussions regarding the decision to renovate the Greenwood Wastewater Treatment Plant instead of closing it down;safety concerns regarding the EOC building and a future assessment of the building;whether City Hall is a safer location for EOC operations; Red Cross operations at the Ben Garza Gym; better identification of debris pickup zones;fact checking related to comments made by citizens regarding the FEMA domes and conditions at Ben Garza Gym; review of generators at O.N. Stevens Water Treatment Plant; the need for additional locations for citizens to receive sand bags;the radio stations dedicated to emergency notifications; providing the City Council with an update on the projects identified in the damage assessment; predictions on the storm by the NWS;addressing construction zones where materials were not removed by contractors; coordination with other entities; emphasizing to the public personal responsibility to take care of self and family members during a hurricane; collecting debris as soon as possible to limit fire hazards and additional damage; a missed opportunity to have emergency management provide an update on the impending storm at the August 22,2017 Council meeting; neglecting to inform the community of a previous decision made by FEMA to no longer provide shelters in the City of Corpus Christi;effective City of Corpus Christi Page 3 Printed on 911412017 City Council Meeting Minutes September 8, 2017 communication with council members; having Human Resources generate a report of employees in danger zones; providing a list to City Council of employees impacted by the storm;the ability to have elected officials more engaged in the emergency management process, especially post-storm;a detailed timeline of EOC actions to include what happened,what went well, and improvements are needed; and contributions to the the Mayor's Hurricane Harvey fund. D. ADJOURNMENT The meeting was adjourned at 3:31 p.m. City of Corpus Christi Page 4 Printed on 911412017 City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct fn meetings/conventions/tradeshows within Corpus Christi year- 107 TERM LENGTH 2 Years round;to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non-voting members.Appointments will be for two-year staggered terms. No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. .................................................................................................................................................................................................................................... CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14. .. .. .. .. .. .. .. .......................................................................................................................................................................................................................................................... MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 N.Shoreline,Ste. 430. _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................................................................................ DEPARTMENT Convention and Visitors Bureau .................................................................................................................................................................................................................................................... COMMITTEE/SUBCOMMITEE N/A AGENDAS ............................................................................................................................................................................................................................................................................................................................... OTHER INFORMATION CORPUS CHRISTI CONVENTION & VISITORS BUREAU Corpus Christi Convention and Visitors Bureau Members September 19,2017 Six(6)vacancies with terms to 10-1-19 representing the following categories:1-At-large,1-Attraction Industry,3-Hotel Industry and 1-Restaurant Industry. (The Corpus Christi Convention and Visitors Bureau (CCCVB)is recommending the reappointments of Kamlesh Bhikha(Hotel Industry),Melody Nixon-Bice(Hotel Industry),Johnny Philipello(Attraction Industry)and Fred F.Soward III(Restaurant Industry).They are also recommending the new appointments of Raju G.Bhagat(Hotel Industry)or Lynn Frazier(Hotel Industry)and Libby Averyt(At-Large)or Edwin(Trey)A.McCampbell III(At-Large).The CCCVB is required to submit at least two names for consideration. -Iy IpI Kamlesh Bhikha CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 1 10/01/17 Member Hotel Industry 75% 6/8 meetings(2 exc.) Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 1 10/01/17 Member Hotel Industry 90%9/10 meMings(1 en.) Johnny Philipello CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District 1 10/01/17 Member Attraction Industry 75% 6/8 meetings(2 exc.) Fred F.Soward III CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking reappointment District Partial 10/01/17 Member Restaurant Industry 75% 3/4 meetings(/exc.) Angie Flores Granado CORPUS CHRISTI CONVENTION&VISITORS BUREAU Met the six-year term limitation District 3 10/01/17 Member At-Large Rakesh"Rick"Patel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Met the six-year term limitation District 3 10/01/17 Member Hotel Industry Ken Griffin CORPUSCHRISTI CONVENTION&VISITORS BUREAU Active Other/No3 10/01/18 Member At-Large i Darcy Schroeder CORPUSCHRISTI CONVENTION&VISITORS BUREAU Active District2 3 10/01/18 Member At-Large James"Jim"Needham CORPUSCHRISTI CONVENTION&VISITORS BUREAU Active District4 3 10/01/18 Member At-Large Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active Other/No2 10/01/18 Member Attraction Industry James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 2 10/01/18 Member Attraction Industry Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 2 10/01/18 Member Restaurant Industry Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 1 10/01/18 Member At-Large Margie C.Rose CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting City Manager Joe McComb CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Mayor Port of Corpus Patricia Cardenas CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Christi Authority Regional ■ Transportation Terry Klinger CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Authority Corpus Christi Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting International Airport State Legislature State Legislature Representative CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting Representative Corpus Christi Convention and Visitors Bureau Applicants September 19,2017 Libby Averyt CORPUS CHRISTI CONVENTION&VISITORS BUREAU Di.d.4 United Way of the Coastal Bend 46598 Everhart Road Corpus Christi TX At-Large At-Large,H—I Industry end Raju G.Bhagat CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 1 Self-Employed 707 N.Shoreline Blvd. Corpus Christi TX 361-726-7096 Restaurant Industry At-Large,Hotel Industry end Lynn Frazier CORPUS CHRISTI CONVENTION&VISITORS BUREAU Districtl Magnum Oil Tools International 5655 Bear Lane Corpus Christi TX 361-944-9040 Restaurant Industry Stephanie M.Garcia CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 5 House of Rock 511 Starr Street Corpus Christi TX At-Large end Restaurant Industry Brad Xisner CORPUS CHRISTI CONVENTION&VISITORS BUREAU District4 First United Methodist Church 900 S.Shoreline Blvd. Corpus Christi TX 361-884-0391 At-Large James S.Kruse CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dh,trict5 Tat-A&M University-Corpus Christi 6300 Ocean Dr.,O'Connor Bldg.#365 Corpus Christi TX 361-825-3606 At-Large Edwin(Trey)A.M,Campbell III CORPUS CHRISTI CONVENTION&VISITORS BUREAU District 2 American Bank 800 N.Shoreline,Suite 100 Corpus Christi TX 361-992-9900 At-Large Josh R.Reeves CORPUS CHRISTI CONVENTION&VISITORS BUREAU Districtl Holiday Inn Airport and Confernce Centel 5549 Leopard Str— Corpus Christi TX 361-289-4107 At-Large and Hotel Industry Josh Richline CORPUS CHRISTI CONVENTION&VISITORS BUREAU District2 Richline Technical Services 114 Mesquite St. Corpus Christi TX 361-882-6297 At-Large and Restaurant Industry Belly C.Rouillard CORPUS CHRISTI CONVENTION&VISITORS BUREAU Districtl Texas StateAquarium 2710 N.Shoreline Blvd. Corpus Christi TX 361-881-1321 At-Large and Attraction Industry CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Committee, or Commission Profile Libby Averyt Prefix First Name Middle Initial Last Name Email Address WANDS Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/informationLookup/index.htmi? appid=c42fde6630d0421b9d57ef926e485d01) Pr District 4 Current resident of the city? i-. Yes r No 31 years If yes,how many years? � Primary Phone Alternate Phone United Way of the Coastal Bend Chief Development Officer Employer Job Title 46598 Everhart Road _ Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Libby Averyt 78411 Work Address-Zip Code Work Phone libby.averyt@gmail.com Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted 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) United Corpus Christi Chamber of Commerce Board of Directors Why are you interested in serving on a City board, commission or committee? My recent career change allows me to serve in capacities such as this, and after living in Corpus Christi 31 years, I believe I can be of service. I love Corpus Christi and the Coastal Bend and am an attentive and hard-working board member. Averyt resume.docx Upload a Resume Please upload any additional supporting documents Demographics Libby Averyt Ethnicity W Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - Residency 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Libby Averyt 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. TJ 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 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ?- Yes r No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? �- Yes r` No Libby Averyt Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Libby Averyt Libby Averyt Business experience United Way of the Coastal Bend • Chief Development Officer, April 2017-present. Responsible for all fund-raising activities and all development and communications staff. Corpus Christi Caller-Times • President, January 2013-February 2017. Chief executive overseeing all business operations with additional responsibilities for news organizations in Abilene, San Angelo and Wichita Falls. • Vice President of Advertising, December 2009-December 2013. Oversee all advertising revenue, including print and online, and advertising department operations. • Online General ManagerNice President, July 2008-December 2009. Oversee online production, content and sales. • EditorNice President, July 2003 to July 2008. Responsible for all news operations. • Managing Editor, September 2000 to July 2003. • Metro Editor, Assistant Metro Editor, Reporter, June 1986-September 2000. Texas A&M University-Corpus Christi • Adjunct instructor, Reporting and News-gathering, August 2012-December 2012. Education Bachelor of Journalism, The University of Texas, 1986. Master of Arts in Communication, Texas A&M University-Corpus Christi, 2012. Journalism awards • Scripps Howard Foundation National Journalism Awards, the Edward Willis Scripps Award for Distinguished Service to the First Amendment, 1990, for being jailed on contempt charges after refusing to testify about unpublished information. • Newspaper of the Year, Texas Associated Press Managing Editors Association, five times in six years while leading the newsroom. • Headliners Club of Austin, Headliners Master Award for Investigative Report of the Year, reported and led team of reporters, 1998. • Texas Associated Press Managing Editors Association, Sweepstakes Award, 1998; First Place, team effort, 1998; First Place, Feature Series, 1998; First Place, Freedom of Information, 1990; numerous second place and honorable mentions. • Numerous honors from other organizations such as Texas Council on Family Violence, Dallas Press Club, Texas Bar Association, Texas Medical Association. Professional and leadership • Texas Press Association, Legislative Action Committee, 2014-present. • Pulitzer Prizes in Journalism, nominating juror, February 2009, March 2010. • Freedom of Information Foundation of Texas, board member, 2003-2009. • Women Business Leaders Summit in Amman, Jordan, sponsored by the U.S. State Department, 2007. • William Randolph Hearst Visiting Fellow in Residency Program, University of Texas, February 1993. • Knight Center of Specialized Journalism, fellowship in court reporting, University of Maryland, 1991. Community involvement and honors • United Corpus Christi Chamber of Commerce, Board of Directors, 2014-present. • Charlie's Place Recovery Center, Board of Directors, 2015-2017. • Texas State Aquarium, Board of Directors, 2014-2017. • United Way of the Coastal Bend, Board of Directors, 2014-2017. • American GI Forum, Standing up for Veterans banquet honoree, 2014. • LULAC Council No. 1, Leadership Award, 2014. • NAACP, Leadership Award, 2014. • Texas A&M University-Corpus Christi, Outstanding Alumnus, 2014. • Commencement speaker, Texas A&M University-Corpus Christi, May 2012. • South Texas Public Broadcasting, Board of Directors, 2011-May 2015. • Muscular Dystrophy Association, Leadership Award, January 2007. • Council on Alcohol and Drug Abuse-Coastal Bend, board member a/past president, 2003-2007. • YWCA of Corpus Christi, Y Women in Careers Awards, 1996. Personal • Married to Charles Kaffie Jr., and between them, they have five children. • Member, All Saints' Episcopal Church. CITY OF CORPUS CHRISTI Submit Date: Sep 12, 2017 Application for a City Board, Committee, or Commission Profile Raju G Bhagat Prefix First Name Middle Initial Last Name rajubhagat@gmail.com Email Address 3805 Castle Ridge Street Address Suite or Apt Corpus Christi TX 78410 City State Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/informationLookup/index.htmi? appid=c42fde6630d0421b9d57ef926e485d01) W District 1 Current resident of the city? i-. Yes r No 30+ years _ If yes,how many years? Mobile: (361) 726-7096 Business: (361) 726-7096 Primary Phone Alternate Phone Self-Employed Employer Job Title 707 N Shoreline Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Raju G Bhagat 78401 Work Address-Zip Code 361-726-7096 Work Phone rajubhagat@gmail.com Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted 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) Why are you interested in serving on a City board, commission or committee? With over 40 years of experience in the Hospitality and Development business, I would like to share my business resources in any way that supports the mission of the CVB - which is to drive overnight visitors to the Corpus Christi area. Upload a Resume Please upload any additional supporting documents Demographics Raju G Bhagat Ethnicity W Other Gender W Male Verification City Code Requirement - Residency 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Raju G Bhagat 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. TJ 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 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ?- Yes r No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? �- Yes r` No Raju G Bhagat Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r: No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry fJ Restaurant Industry Raju G Bhagat CITY OF CORPUS CHRISTI Submit Date: Apr 20, 2017 Application for a City Board, Committee, or Commission Profile Lynn Frazier Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/informationLookup/index.htmi? appid=c42fde6630d0421b9d57ef926e485d01) W District 1 Current resident of the city? i-. Yes r No 17 If yes,how many years? 10000� Primary Phone Alternate Phone MAGNUM OIL TOOLS INTERNATIONAL CEO/President Employer Job Title 5655 BEAR LANE Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State Lynn Frazier 78405 Work Address-Zip Code 361-944-9040 Work Phone LYNN.FRAZIER@a MAGNUMOILTOOLS.COM Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted PARKING ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Owner of Fajitaville Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Demographics Lynn Frazier Ethnicity W Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Lynn Frazier 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. TJ 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 Lynn Frazier Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Question applies to PARKING ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Select one of the following 9 Corpus Christi Beach Task Force Nominee Lynn Frazier CITY OF CORPUS CHRISTI Submit Date: Aug 07, 2017 Application for a City Board, Committee, or Commission Profile Stephanie _ M Garcia Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/informationLookup/index.htmi? appid=c42fde6630d0421b9d57ef926e485d01) W District 5 Current resident of the city? i-. Yes r No 30 If yes,how many years? � TMONNIK" Primary Phone Alternate Phone House of Rock Marketing and Public Relations Employer i Job Title 511 Starr Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Stephanie M Garcia 78401 Work Address-Zip Code Work Phone stephanie@texashouseofrock.com Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted 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) • National Alumni Association Board of Directors 2016 — Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014 — Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015 — Present Associate in Art - Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts - Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi. I believe in giving back to my community and contributing to its progress in any way possible. I enjoy being a part of committees and boards that work to improve Corpus Christi and love being a part of the growth of our city. Stephanie_Garcia_resume.pdf Upload a Resume Please upload any additional supporting documents Stephanie M Garcia Demographics Ethnicity w Hispanic Gender W Female Verification City Code Requirement - Residency 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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. TJ I Agree Stephanie M Garcia 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. TJ 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 Stephanie M Garcia Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Marketing Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Stephanie M Garcia STEPHANIE M. GARCIA 1 EDUCATION Associate in Art —Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts — Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX WORK EXPERIENCE House of Rock Office Manager/ Marketing and Public Relations December 2011 - Present • In charge of administrative duties including payroll, bookkeeping, employee paperwork, etc. • Maintain and update website, Facebook, Twitter and other social media daily • Create press releases and marketing plans for upcoming shows and events • Manage interns who assist in creating promotional material for the venue • Assist in the planning and promotion of 20+ shows and events each month COMMUNITY INVOLVEMENT AND ACHIEVEMENTS • Leadership Corpus Christi — Class 43 • 2017 Corpus Christi 40 Under 40 recipient • National Alumni Association Board of Directors 2016 — Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014 — Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015 — Present CITY OF CORPUS CHRISTI Submit Date: Aug 04, 2017 Application for a City Board, Committee, or Commission Profile Brad Kisner Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * 1•J District 4 Current resident of the city? c Yes r No 22 years If yes, how many years? Primary Phone Alternate Phone Director of Music, Worship & First United Methodist Church Arts Employer Job Title 900 S. Shoreline Blvd. Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Brad Kisner 78401 Work Address - Zip Code 361-884-0391 Work Phone Bkisner@ccfumc.com Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have served 2 different times on Arts & Cultural Commission, chair from 2012-2017. Term expires Sept. 1, 2017 Education, Professional and/or Community Activity (Present) Bachelor of Music Education, Oklahoma State University Master of Sacred Music, Southern Methodist University Past member of CC Symphony Board; CC Red Cross Board; Sparkling City Opera Board; Past PTA president of Meadowbrook & Cullen schools. Sub -Dean (Vice President) Corpus Christi Chapter, American Guild of Organists Why are you interested in serving on a City board, commission or committee? To further the good news of the great city of Corpus Christi. Upload a Resume Please upload any additional supporting documents Demographics Brad Kisner Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Brad Kisner 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Brad Kisner Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Brad Kisner CITY OF CORPUS CHRISTI Submit Date: Apr 03, 2017 Application for a City Board, Committee, or Commission Profile James S Kruse Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 5 Current resident of the city? c Yes r No 10 If yes, how many years? WWI1.1.111 Primary Phone Alternate Phone Texas A&M University - Corpus Christi 6300 Ocean Dr., O'Connor Bldg #365 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State James S Kruse Professional Assistant Professor of Accounting Job Title 78412 Work Address - Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted MAYOR'S FITNESS COUNCIL: Submitted 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) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Please upload any additional supporting documents Demographics James S Kruse Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 James S Kruse 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree James S Kruse Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to MAYOR'S FITNESS COUNCIL Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * James S Kruse J. Scott Kruse J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M - Corpus Christi - AASCB Accredited Accounting Program Masters of Accountancy Graduated — December 2010 Drury University — Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated — August 1997 Certified Fraud Examiner (CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University — Corpus Christi August 2015 — Present, Corpus Christi, TX Adjunct Professor of Accounting, Texas A&M University — Corpus Christi August 2014 — August 2015, Corpus Christi, TX Courses Taught: Financial Accounting — ACCT 2301 Managerial Accounting — ACCT 2302 Intermediate I — ACCT 3311 Fraud Examination — ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 — May 2014, Corpus Christi, TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 — October 2012, Corpus Christi, TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil & Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 — April 2012, Corpus Christi, TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 — November 2011, Corpus Christi, TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 — February 2010, Corpus Christi, TX Audited companies ranging from $50 — 70 million in revenues Tax preparation including 1120, 1120S, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University — Corpus Christi November 2007 — January 2009, Corpus Christi, TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University — Corpus Christi Young Business Professionals Membership Chair — 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University — Corpus Christi Faculty Advisor — Student Accounting Society Texas A&M University — Corpus Christi Scholarship Committee Texas A&M University — Corpus Christi SBA/Texas A&M Partnership — Boots to Business Program Presenter — Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: Sep 03, 2017 Application for a City Board, Committee, or Commission Profile Edwin (Trey) Prefix First Name Email Address A McCampbell Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 2 Current resident of the city? c Yes r No 62 If yes, how many years? Primary Phone Alternate Phone American Bank Chief Administrative Officer Employer Job Title 800 N. Shoreline Suite 100 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Edwin (Trey) A McCampbell III 78401 Work Address - Zip Code 361-992-9900 Work Phone treymc@americanbank.com Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EDUCATION: MBA Corpus Christi State University BBA Texas A&I - Corpus Christi AA Del Mar College CURRENT COMMUNITY ACTIVITIES: Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors Boar's Head & Yule Log Festival Chairperson South Texas Botanical Gardens & Nature Center, Regional Advisory Board Why are you interested in serving on a City board, commission or committee? As a Corpus Christi native, a business person, a father and a grandfather, I am committed to making Corpus Christi the best place to live, work and play. Tourism is an important component of our local economy, and one that also contributes to the quality of life. I would like to build our community and economy by serving on the Corpus Christi Convention & Visitors Bureau. I would bring to the CVB Board a deep background in business, strategic thinking and planning, a solid understanding of the community, and passion for the importance of tourism. Trey McCampbell community bio 2017.pdf Upload a Resume Edwin (Trey) A McCampbell 111 Please upload any additional supporting documents Demographics Ethnicity 1? Caucasian/Non-Hispanic Gender 17 Male Verification City Code Requirement - Residency 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. 1? I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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. IW I Agree Edwin (Trey) A McCampbell III 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Edwin (Trey) A McCampbell 111 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Edwin (Trey) A McCampbell 111 E. A. "Trey" McCampbell, III Education & Certification MBA Corpus Christi State University, August 1982 BBA Texas A&I - Corpus Christi, May 1977 AA Del Mar College, May 1975 Post -graduate studies in Organizational Development & Communication Current Activities Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Past Chair, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors, Past Chair Texas A&M Corpus Christi, College of Business Accounting Advisory Council First Christian Church: Elder; Boar's Head & Yule Log Festival Chairperson; Day School Board of Directors South Texas Botanical Gardens & Nature Center, Regional Advisory Board Equality Texas Board of Directors and Equality Texas Foundation; Treasurer Prior Activities Destination Bayfront, co-organizer City Council Annual Retreat Facilitator, June 2010 and June 2009 Del Mar College Foundation "Come Home to Del Mar" Fundraiser, Co -Chair, November 2006 and November 2009 Bayfront Charrette Facilitator, October 2003 Community Dropout Forum Co -Facilitator, November 2003 — February 2004 Leadership Corpus Christi: graduate LCC Class XI; General Chair - LCC XXI; Steering Committee LCC XX, XIX, and XII; LCC Alumni Board of Directors, Executive Committee Chair Del Mar College Future Search Conference participant, October 2003 Vision 2000, Steering Committee CCSU (Texas A&M University) Alumni Association: Past President and founding Director Corpus Christi Symphony Orchestra: Board of Directors Creative Arts Center: Past President and Treasurer Founder and Chairperson, LIVE Performances (children's performing arts series) Harbor Playhouse: Director and Treasurer Harbor Lights: Staging Chairperson Chamber of Commerce: Board of Directors; Ambassador; Chamber of Commerce Foundation, Director Workforce Development Corporation, Director and Executive Committee Awards and Honors 2016 American GI Forum Community Leader Award 2015 Corpus Christi AIA Honorary Membership Award 2013 Del Mar College Outstanding Alumni 2010 Del Mar College 75 Distinguished Alumni 2005 Leadership Corpus Christi Outstanding Alumnus Award 2003 Caller Times Person of the Year 2002 NCCJ Humanitarian Award 1999 Distinguished Public Service Award from the Texas Society of CPA's 1992 Chairman's Award from the Chamber of Commerce 1990 Arts Volunteer of the Year; JC Penney "Golden Rule" award for Culture and Arts CITY OF CORPUS CHRISTI Submit Date: Apr 17, 2017 Application for a City Board, Committee, or Commission Profile Josh R Reeves Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? c Yes r No 6 months If yes, how many years? WWI1.1.111 Primary Phone Alternate Phone Holiday Inn Airport and Confernce Center Employer 5549 Leopard Street Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Josh R Reeves General Manager Job Title 78408 Work Address - Zip Code 3612894107 Work Phone gm@hiccairport.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently new to the area and looking to join a local board. Education, Professional and/or Community Activity (Present) USAF Services Academy, Six Sigma Lean Operations, Certified IHG General Manager, Hotel Revenue Management Certification and 20 + years in hospitality. Why are you interested in serving on a City board, commission or committee? I want to ensure that the City of Corpus Christi CVB is given the attention it deserves. The city needs the CVB to assist with growing business for the community as well as local business. Josh_Reeves.pdf Upload a Resume Josh_Reeves.pdf Please upload any additional supporting documents Demographics Josh R Reeves Ethnicity IW Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Josh R Reeves 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Josh R Reeves Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ Hotel Industry Josh R Reeves IQSH REE Objective Being a resourceful, highly motivated, manager with strong and solid work history and verifiable ability to produce outstanding leadership results. I hope to obtain a position in the hospitality industry that allows me to continue to better myself and broaden my knowledge. I am characterized as demanding but fair with high expectations on integrity and willingness to lead by example. With a management philosophy that values training, coaching and positive reinforcements. Always maintaining a focus on guest service with a passion for results and a dedication to excellence Experience Holiday Inn Airport and Conference Center (Hotel Equities) Corpus Christi, TX General Manager September 2016 - Present • Directed and coordinated the Rooms Division for the hotel to ensure maximum profits • Carried out all policies and prepared reports established by Hotel Equities and the Regional Vice President; • Conducted employee performance evaluations as prescribed and ensure that all employees are trained for their positions to maximize service, production, and efficiency; control staffing, maximize profits, control costs and ensured the security of the operation • Director of Operations for pre -opening team during new build process • Directed and coordinated the Food & Beverage operations of the hotel to ensure maximum profits • Directed Sales department to maximize topline revenue and worked to grow market share Sheraton Georgetown Hotel and Conference Center Georgetown, TX Director of Operations April 2016 — September 2016 • Directed and coordinated the Rooms Division of the hotel to ensure maximum profits • Carried out all policies and prepared reports established by Starwood and the General Manager; • Conducted employee performance evaluations as prescribed and ensure that all employees are trained for their positions to maximize service, production and efficiency; control staffing, maximize profits, control costs and ensured the security of the operation • Director of Operations for pre -opening team during new build process • Directed and coordinated the Food & Beverage operations of the hotel to ensure maximum profits • F & B included food production, equipment use and control, banquet service, room service, beverage service, restaurant service and food and beverage purchasing Sheraton Burlington Hotel and Conference Center South Burlington, VT Director of Operations September 2013 — April 2016 • Directed and coordinated the Rooms Division of the hotel to ensure maximum profits • Carried out all policies and prepared reports established by Starwood and the General Manager; • Conducted employee performance evaluations as prescribed and ensure that all employees are trained for their positions to maximize service, production and efficiency; control staffing, maximize profits, control costs and ensured the security of the operation • Coordinated Hotel Renovation of 309 Guest Rooms along with all Public Space • Lead team that increased guest experience rating to number 5 out of 396 Sheratons World Wide • Directed and coordinated the Food & Beverage operations of the hotel to ensure maximum profits • F & B included food production, equipment use and control, banquet service, room service, beverage service, restaurant service and food and beverage purchasing • Promoted from Housekeeping Director of Housekeeping Public House Historic Inn Sturbridge, MA Food and Beverage Manager April 2009 — July 2013 • Directed and organized the Food & Beverage function within the hotel in order to maintain high standards of food and beverage quality, service, and merchandising to maximize profits. • Participated in total hotel management as a member of the hotel Executive Committee. • Clearly described, assigned and delegated responsibility and authority for the operation of the various food and beverage sub -departments, i.e., room service, restaurants, banquets, kitchens, stewards, etc. • Developed, implemented, and monitored schedules for the operation of all restaurants and bars to achieve a profitable result. • Assisted the area managers in establishing and achieving predetermined profit objectives and desired standards of quality food, service, cleanliness, merchandising and promotion. Cape Cod Resort and Conference Center Hyannis, MA Director of Food and Beverage/Night Manager November 2007- April 2009 • Directed and organized the Food & Beverage function within the hotel in order to maintain high standards of food and beverage quality, service, and merchandising to maximize profits. • Participated in total hotel management as a member of the hotel Executive Committee. • Clearly described, assigned and delegated responsibility and authority for the operation of the various food and beverage sub -departments, i.e., room service, restaurants, banquets, kitchens, stewards, etc. • Developed, implemented, and monitored schedules for the operation of all restaurants and bars to achieve a profitable result. • Assisted the area managers in establishing and achieving predetermined profit objectives and desired standards of quality food, service, cleanliness, merchandising and promotion. • Part of brand transition team and complete hotel renovation Four Points by Sheraton Resort and Conference Center Hyannis, MA Director of Banquets March 2007- November 2007 • Effectively monitored the daily operations of the Banquet Department, including providing support and guidance to fellow banquet personnel to ensure a successful and effective operation ending in a positive guest experience. • Reviewed all written communication, i.e., resumes, daily/weekly, Banquet Event Orders to determine appropriate staffing levels, room/station assignments, buffet decor and enhancements as they relateto banquets and meeting room set-ups. • Communicated all changes within the Banquet Department and adjusted according to the above items. • Communicated information to the kitchen and other supportive departments prior to and during events. • Responsible for maintaining a strong client relationship and ensuring that all convention specifications are communicated to and executed by all hotel operating departments making for a successful meeting experience for the meeting planner and attendees. • Maintained constant communication with the Convention Service/Catering Sales Manager as itapplies to the client at hand. Troy Country Club Troy, OH Assistant General Manager February 2006 — February 2007 • Developed a training program for restaurant employees. • Maintained proper staffing levels, and employee schedules. • Coordinated and conducted all POS training classes. • Assisted GM with total Club and Golf Course Operations • Served as Manager on Duty in General Manager's absence. West Chop Club and Inn Vineyard Haven, MA Assistant General Manager January 2002 — February 2006 • Developed a training program for restaurant employees. • Maintained proper staffing levels, and employee schedules. • Coordinated and conducted all POS training classes. • Assisted GM with total Club and Inn operations. • Served as Manager on Duty in General Manager's absence. United States Airforce Lackland Airforce Base San Antonio, Texas Services Supervisor December 1998 — December 2001 • Supervised Meal operations for 1500 airmen • Maintained proper staff levels • Implemented Command Policies Silver State Restaurant Ely, Nevada Assistant General Manager July 1992 — August 1998 • Developed new and more diverse menu • Created an inventory and par stock system • Worked from entry level to management Education Technical Degree Food Service and Lodging 1999 USAF Services Academy Lackland Airforce Base San Antonio, TX High School Diploma Vocational and General Studies 1998 White Pine County High School Ely, NV Six Sigma / Lean Hotel Operations Green Belt 2015 Starwood Hotels and Resorts World Wide Stamford, CT General Manager Certification 2017 IHG Hotels Atlanta, GA CITY OF CORPUS CHRISTI Submit Date: Jan 14, 2017 Application for a City Board, Committee, or Commission Profile Josh Richline Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 2 Current resident of the city? c Yes r No 16 If yes, how many years? WW1MN Primary Phone Alternate Phone Richline Technical Services Partner -Business Development Employer Job Title 114 Mesquite St Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Josh Richline 78401 Work Address - Zip Code 361-882-6297 Work Phone jrichline@richline.cc Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction -not sure). Owner Richline Technical Services -Information Technology Company specializing in support small and medium businesses' Computer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Josh Richline Demographics Ethnicity fJ Caucasian/Non-Hispanic Gender IW Male Verification City Code Requirement - Residency 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. 1J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Josh Richline 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Josh Richline Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ Restaurant Industry Josh Richline CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Committee, or Commission Profile Prefix Kelly C Rouillard First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? c Yes r No less than one year If yes, how many years? Primary Phone Alternate Phone VP Marketing and Texas State Aquarium Communications Employer Job Title 2710 N. Shoreline Blvd Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Kelly C Rouillard 78402 Work Address - Zip Code 361-881-1321 Work Phone krouillard@txstateaq.org Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted 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) BS in Marketing from Arizona State University, MBA from University of Houston, American Marketing Association member, PRSA member Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Demographics Kelly C Rouillard Ethnicity IW Prefer not to Answer Gender iw Female Verification City Code Requirement - Residency 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. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Kelly C Rouillard 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Kelly C Rouillard Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * TJ Attraction Industry Kelly C Rouillard City Of Corpus Christi CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY BOARD DETAILS OVERVIEW SIZE 11 Seats TERM LENGTH 2 Years TERM LIMIT 8 Years The Corpus Christi Regional Transportation Authority operates and provides for a public transportation system for Nueces County and the cities included in the Authority. rek DETAILS COMPOSITION Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be transportation disadvantaged. If the Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system. A member of the board must be a qualified voter residing in the authority. CREATION / AUTHORITY Ordinance No. 18285 in accordance with Article 11 18x, V.A.C.S. Approved by electors in the cities of Corpus Christi, Agua Dulce, Driscoll, Gregory, Robstown, San Patricio, and in Nueces County on August 10, 1985. Resolution No. 20363 - Amended terms to two -years and set an eight-year service limitation for members; House Bill 1621. Transportation Code, Chapter 451.501, Metropolitan Rapid Transit Authorities. MEETS 1st Wednesday, 8:30 a.m., RTA Administration/Operations Facility, 5658 Bear Lane TERM DETAILS Two-year terms. DEPARTMENT Corpus Christi Regional Transportation Authority COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Status A. R. "Butch" Escobedo CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Resigned District 5 1 06/30/18 Member City Abel Alonzo CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 5 1 06/30/18 Member City- Transportation Disadvantaged Edward Martinez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 1 06/30/18 Member City George Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 3 06/30/18 Member City Larry D. Young, Sr. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 1 06/30/18 Member City Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Member Mayor of other Cities Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Vice -Chair Mayor of other Cities Angie Flores Granado CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 4 09/30/17 Member Nueces County Corpus Christi Regional Transportation Authority Members September 19, 2017 One (1) vacancy with term to 6/30/18. (Note: Abel Alonzo was realigned to the Transportation Disadvantaged Category at the 8/22/17 City Council meeting.) Scott M. Harris P.E. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Member Nueces County Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Member Nueces County Curtis Rock CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 1 09/30/17 Chair Regional Transportation Authority Vangie Chapa CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active Partial 09/30/17 Advisory Regional Transportation Authority Corpus Christi Regional Transportation Authority Applicants September 19, 2017 Name Boards A..1 in: For District NHL Priscilla Alvarez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Alvarez & Co. Anne Bauman' CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 5702 5. Staples ste C-6 Corpus Christi TX City City James (Jim) B. Boggs CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self -Employed 4701 Donegal Drive Corpus Christi TX 361-765-8923 City Gabi 5. Canales CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 Canales Law Office 5262 5. Staples Street, Suite 100 Corpus Christi TX 361-887-4700 City Steven V. DeAses CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Ace Stevens Consulting City Patricia B. Dominguez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 Del Mar College 101 Baldwin Corpus Christi TX 361-698-2471 City Martin L Evans CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd, Ste. 560 Corpus Christi TX City Robbin C. Goodman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 TPCO America Corporation 5431 Hwy 35 Gregory TX 361-704-8129 City Darlene K. Gregory' CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 East Meets West Productions 1024 Leopard St, Suite A Corpus Christi TX 361-904-0044 City Paulette G. Kluge' CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 Corpus Christi Convention and Visitors Bureau 101 North Shoreline 4430 Corpus Christi TX 361-881-1877 City Michael L Staff CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 DRR & R5, Inc. 6342 Harwich St. Corpus Christi TX 361-853-0003 City Lamont C. Taylor CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 L C.Taylor & Associates 1701 Stillman Corpus Christi TX 361-739-4686 City Bill Tinney CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District2 TKO Alarms and Security City Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 London ISD 1306 FM 43 Corpus Christi TX 361-855-0092 City *Currently serves as a City appointee on another board, commission or committee, but will resign if appointed.) CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Committee, or Commission Profile Priscilla Alvarez Prefix First Name Middle Initial Last Name prisalvarez13@gmail.com Email Address 4238 Wolf Creek Drive Street Address Corpus Christi City Suite or Apt TX State What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 5 Current resident of the city? c Yes r No 39 If yes, how many years? Mobile: (361) 673-5825 Mobile: (361) 687-5423 Primary Phone Alternate Phone Alvarez & Co. Owner Employer Job Title 5702 S. Staples ste C-6 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Priscilla Alvarez 78413 Postal Code Page 1 of 6 78413 Work Address - Zip Code Work Phone prisalvarez13@gmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Head of SST Girl Scouts, owner of lice removal services company, involved in Boy Scouts. Why are you interested in serving on a City board, commission or committee? To offer my assistance to my city that I was born and raised in and now raise a family and business in. I want to help make progress in this city. Upload a Resume Please upload any additional supporting documents Demographics Priscilla Alvarez Page 2 of 6 Ethnicity IW Hispanic Gender iw Female Verification City Code Requirement - Residency 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. %7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Priscilla Alvarez 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? IT Yes r No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Priscilla Alvarez Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? cYes ` No Priscilla Alvarez Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Priscilla Alvarez Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Aug 29, 2017 Application for a City Board, Committee, or Commission Profile Anne Bauman Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 5 Current resident of the city? c Yes r No 21 If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City TX Work Address - State Anne Bauman Page 1 of 6 Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address ✓ Home/Primary Address ✓ Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes. I serve on the Retired and Senior Volunteer Program Advisory Committee. Education, Professional and/or Community Activity (Present) BS English/Education MBA Accounting Chair of the RCAT Committee - CCRTA See attached resume for further information. Why are you interested in serving on a City board, commission or committee? I ride/use the RTA for transportation for the fixed routes and the B Bus. Regardless of where I have lived I'm always active in my community. Thiat is how I meet people and get involved and give back to the community. C._ Anne_ Bauman_Resume.pdf Upload a Resume Please upload any additional supporting documents Anne Bauman Page 2 of 6 Demographics Ethnicity fJ Caucasian/Non-Hispanic Gender IW Female Verification City Code Requirement - Residency 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. 1? I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Anne Bauman 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Anne Bauman Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes c No Anne Bauman Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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 RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ✓ RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) ✓ RSVP Volunteer Workstation Representative (Executive, Director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station) Anne Bauman Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: May 31, 2017 Application for a City Board, Committee, or Commission Profile James (Jim) B. Boggs Prefix First Name Middle Initial Last Name Email Address AIA Suffix Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * fJ District 5 Primary Phone Alternate Phone Self Employed Sr. Architect Employer Job Title 4701 Donegal Drive Work Address - Street Address and Suite Number Corpus Christi, Work Address - City Texas Work Address - State 78 413 Work Address - Zip Code James (Jim) B. Boggs AIA Suite or Apt State Postal Code 361/765-8923 Work Phone jimboggsregent@stx.rr.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) Professional Degree of Architecture/Design Texas Tech University previous Public Service: 10 years Board of Regents Del Mar College Two (2) terms Municipal Arts Commission for the City of Corpus Chrsiti One Term Library Board (City of CC) PP Corpus Christi Chapter American Institute of Architects. Various committees Texas Society of Architects. Leadership Corpus Christi I, Member First United Methodist Church Served 10 years as president of Wood River Community Association Why are you interested in serving on a City board, commission or committee? Serving on Community/City/state boards and commissions is life fulfilling It allows one to share with others the ideas and concepts acquired while practicing ones profession. By serving on other committees and boards one becomes a more knowledgeable person and can share more knowledge with others. My Architecture Thesis (necessary to graduate) was a Transportation Center for the City of Fort Worth, TX and much was learned about inter/intra-city Transportation Registered Voter? c Yes r No Current resident of the city? Yes r No 53 years If yes, how many years? James (Jim) B. Boggs AIA Partial Resume Jim Boggs AIA 6- 1 7.doc Upload a Resume Please upload any additional supporting documents Demographics IW Caucasian/Non-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. fJ I Agree James (Jim) B. Boggs AIA 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 REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes c No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? r Yes No James (Jim) B. Boggs AIA Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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 (Jim) B. Boggs AIA • DMC Board as Regent for 10 years (2006 — 2016) • Architect, City of Corpus Christi Department of Engineering Services • Coastal Bend Regional Park Foundation Founding member • Texas Ranching Heritage and Horse Park Association Founding Board member • The Arts Council of Corpus Christi Past President • Texas Tech University College of Architecture Alumni Association, which established the "Fund For Excellence" and the "Distinguished Alumni" Awards and 27 Scholarship funds. During his chairmanship the College of Architecture at Texas Tech University was established, separate from the School of Engineering • Municipal Arts Commission, Chair • Corpus Christi Library Board, Vice Chair • American Institute of Architects • Texas Society of Architects • Cross-town Kiwanis Club Distinguished/Founding President • Kiwanis International Division 4, Distinguished Lt. Governor • Leadership Corpus Christi, Graduate of Class 1; active in LCC Alumni Association • Community service and board memberships include Boy Scouts of America, Corpus Christi Emmaus Community, Bucarader Parade Organization, 15 years, Corpus Christi First United Methodist Church • Wood River Commuity Assoc, President, 10 years. • Bold -Future Vision Action team member for Community Identity and Leadership Many other community organizations. CITY OF CORPUS CHRISTI Submit Date: Sep 11, 2017 Application for a City Board, Committee, or Commission Profile Gabi S Canales Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * P District 4 Current resident of the city? c Yes r No 15 If yes, how many years? Primary Phone Alternate Phone Canales Law Office Attorney Employer Job Title 5262 S. Staples Street , Suite 100 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State Gabi S Canales 78412 Work Address - Zip Code 361-887-4700 Work Phone gabilaw14@gmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board commission or committee Education, Professional and/or Community Activity (Present) Please see attached resume. Why are you interested in serving on a City board, commission or committee? I am interested is serving on the City of Corpus Christi RTA board because as Moshe Feldenkrais so brilliantly stated "Movement (transportation) is life. Life is a process. Improve the quality of the process and you improve the quality of life itself." Corpus Christi is an amazing city with wonderful residents. I would love to be part of the movement that improves the process which would improve the quality of an already phenomenal city. IMG 3080.PNG Upload a Resume IMG 3081.PNG Please upload any additional supporting documents Demographics Gabi S Canales Ethnicity IW Hispanic Gender iw Female Verification City Code Requirement - Residency 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. %7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Gabi S Canales 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Gabi S Canales Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? c Yes No Gabi S Canales CITY OF CORPUS CHRISTI Submit Date: Oct 28, 2016 Application for a City Board, Committee, or Commission Profile Steven V DeAses Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * fJ District 5 womanise 11111111MINIMI Primary Phone Alternate Phone Ace Stevens Consulting Consulting Engineer Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Steven V DeAses Suite or Apt State Postal Code Work Address - Zip Code Work Phone steve@acestevens.com Work E-mail address Preferred Mailing Address ✓ Home/Primary Address ✓ Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Chairman, Electrical Advisory Board (term expiring this year 2016) Education, Professional and/or Community Activity (Present) Licensed Professional Engineer, Master of Business Administration Degree, BS Electrical Engineering, Past Officer of Board of Directors for the Texas Society of Professional Engineers, Past President of the Young Business Professionals of the Coastal Bend, and served on numerous other local boards. Why are you interested in serving on a City board, commission or committee? Registered Voter? (= Yes c No Current resident of the city? trYes No 34 If yes, how many years? Steven V DeAses Steven DeAses Resume 20160915.pdf 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. fJ I Agree Steven V DeAses 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 REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes c No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? r Yes No Steven V DeAses Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Steven V DeAses Steven V. DeAses, PE, MBA EDUCATION • Master of Business Administration, Texas A&M University Corpus Christi, 2010 • B.S. Electrical Engineering (Cum Laude), Texas A&M University Kingsville, 2005 • A.S. Mathematics & A.A. Liberal Arts, Del Mar College, Corpus Christi, 2003 • CCNA Computer Networking, Cisco Networking Academy, Del Mar College, 2001 PROFESSIONAL REGISTRATIONS/CERTIFICATIONS • Professional Engineering License, Texas Board of Professional Engineers, 2011 • NETA Certified Level II, InterNational Electrical Testing Association, 2013 • Certified Vibration Analyst Category II, Vibration Institute, 2011 • Engineer -In -Training Certification, Texas Board of Professional Engineers, 2007 WORK EXPERIENCE • Ace Stevens Consulting — President / Owner [5/2010 — Present] o Engineering Design and Project Management of major industrial and utility projects ranging in size up to $120 million o Business Development and Marketing of companies small and large up to $15 million o Talent Management for companies ranging in size up to $3 million • Emerson Network Power — Supervising Engineer / Business Dev. [6/2013 — 4/2014] o Lead Field Operations of Electrical Testing Services for refinery customers • Texas A&M Univ. Corpus Christi — Adjunct Professor of Engineering [8/2012 — 5/2013] o Teach Power Courses such as Power Protection Systems and Transmission & Distribution Systems to undergraduate seniors • Bradleys' Inc. — Electrical Manager / Business Development [7/2011 — 5/2013] o Manage motor load testing business, oversee electrical facility O&M, aid in project management & business development, ensure quality motor repair with technical support, aid in leadership and technical training, oversee the business operations and strategy along with the other facility managers, supervise up to 115 employees • American Electric Power — Lead Engineer / Operations Coordinator [5/2004 — 7/2011] o Provide technical expertise regarding protection/control systems and substation equipment and coordinated construction projects with supervision of techs and engineers, while performing complex tasks under pressing deadlines o Provide technical training, regulatory reporting, and asset management support o Collaborate on interconnection agreement contracts and accounting practices o Coordinate up to 3,000 electrical workers during major outages • Texas A&M University Kingsville — EE Recruitment/Mentorship [2/2004 —12/2004] o Recruit engineering students and provide mentoring and tutoring services • Del Mar College — Teaching Assistant in Mathematics and Physics [6/2002 — 5/2003] o Taught math and science coursework in several programs and provided one-on-one tutoring services • Circuit City Stores — Customer Sales Counselor [11/2000 — 1/2002] o Led store in personal sales, initiated technical support program, worked every dept. • H.E.B. Grocery — Customer Service Assistant and Interim Supervisor [4/1999-11/2000] o Provided excellent customer service, worked in every store department, and supervised up to 30 customer service employees per shift COMMUNITY SERVICE • City of Corpus Christi, Electrical Advisory Board (Chairman; appointed by City Council) [2011 -Present] • Texas Society of Professional Engineers, Board of Directors (Secretary) [2014-2015] • TAMUCC Emerging Research Coalition [2014] • Volunteer / Administrator for several city, state, and federal Political Campaigns [2014] • Young Business Professionals of the Coastal Bend, Board of Directors (Past President, Founding Member) [2009 -Present] • Coastal Bend Business Innovation Center, Advisory Committee [2010 -Present] • TAMUK College of Engineering, Advisory Council [2010 -Present] • Harbor Lights Festival, Board of Directors (Volunteer Cmte Chair) [2010-2015] • Coastal Bend Business Plan Competition, Steering Committee (Sponsorships Co -Chair) [2010- 2014] • Flint Hills Resources, Community Action Council (Econ. Dev. Cmte.) [2011-2013] • World Affairs Council, Board of Directors [2012-2014] • ACE Mentorship, Steering Committee [2011] • "Run Joe Run" Mayoral Campaign, Strategy Committee [2011] • Moody HS Innovation, Academy Advisor [2011] • Junior Achievement, Volunteer Teacher [2011] • AEP Speakers Bureau, Public Speaker [2010-2011] • AEP Political Action Committee, Membership Committee [2010-2011] • MathCounts,Volunteer Judge and Test Administrator [2008-2011] • TAMUK EE Senior Design Project, Competition Judge [2006-2012] AFFLIATIONS, HONORS, AWARDS • Leadership Corpus Christi, Alumni (Class 43) [2014-2015] • Eagle Ford Shale Magazine — Featured Professional [2013] • Texas A&M University Corpus Christi — Outstanding Islander [2013] • Texas Society of Professional Engineers — Young Engineer of the Year [2012] • Texas (and National) Society of Professional Engineers [since 2011] • Coastal Bend Vibration Institute and Reliability Group [since 2011] • Corpus Christi Under 40 Award Recipient [2010] • Community Enrichment Organization's "El Ritmo" Celebrity Judge [2010] • Strathmore's Who's Who among Executives and Professionals [2010] • Madison's Who's Who among Executives and Professionals [2009, 2010] • Golden Key International Honors Society [since 2009] • Beta Gamma Sigma (Business Honors Society) [since 2009] • Featured Speaker of SWEDE Conference [2008] • Numerous Collegiate Scholarship Awards [2001-2005] CITY OF CORPUS CHRISTI Submit Date: Aug 18, 2017 Application for a City Board, Committee, or Commission Profile Patricia Prefix First Name Email Address B Dominguez Middle Initial Last Name Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? c Yes r No 2 years If yes, how many years? Primary Phone Alternate Phone Dean, Outreach & Enrollment Del Mar College Services Employer Job Title 101 Baldwin Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Patricia B Dominguez Page 1 of 6 78404 Work Address - Zip Code 361-698-2471 Work Phone pbdominguez@a delmar.edu Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted 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) Tuloso Midway ISD, Education Foundation, Began term July 2017 Corpus Christi ISD, Education Foundation, 2014-2016 Why are you interested in serving on a City board, commission or committee? I see daily the benefits from DMC students using RTA services. Patricia B sv.docx Upload a Resume Please upload any additional supporting documents Demographics Patricia B Dominguez Page 2 of 6 Ethnicity IW Hispanic Gender iw Female Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Patricia B Dominguez 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Patricia B Dominguez Page 4 of 6 Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? cYes ` No Patricia B Dominguez Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Patricia B Dominguez Page 6 of 6 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 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 r No Current resident of the city? Yes rNo Martin L. Evans 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 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 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)? 0. 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 rNo Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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 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: Nov 14, 2016 Application for a City Board, Committee, or Commission Profile Robbin C Prefix First Name Middle Initial Email Address Goodman Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * fJ District 4 Primary Phone Alternate Phone TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address - Street Address and Suite Number Gregory Work Address - City Texas Work Address - State 78359 Work Address - Zip Code Robbin C Goodman Suite or Apt State Postal Code 361-704-8129 Work Phone robbing@tpcoamerica.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) Texas A&M University — Corpus Christi 2014-2016 Bachelors of Arts in Economics (to be awarded December 2016) American Petroleum Institute - Corpus Christi Chapter Ronald McDonald House of Corpus Christi 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 2 If yes, how many years? Robbin Resume.pdf Upload a Resume Please upload any additional supporting documents Robbin C Goodman 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. rJ I Agree Robbin C Goodman 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 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? cYesr• No Robbin C Goodman Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Robbin C Goodman ROBBIN COLE GOODMAN — Business Operations Specialist QUALIFICATIONS • 10 Years China/Chinese Experience • 15 Years Oilfield Experience • Fluent Mandarin Chinese • Academic Leadership Experience • International Science Research Experience • Oil Field & Geology Relationship Network WORK EXPERIENCE 8/2014 -Current TPCO America Corporation Gregory, Texas, USA BUSINESS OPERATIONS SPECIALIST •Assisting the Executive Team with facilitating accurate language translation and interpretation as needed. • Serving as liaison between Tianjin Pipe Group (Corporation) and TPCO America employees. • Coordinating housing, transportation, preparing Letters of Invitation and assisting with visa applications for delegates from HQ. • Creating, maintaining and implementing a charitable contribution plan. •Representing, planning and organizing programs to promote good will and relations between the local community & TPCO employees. • Developing and implementing employee engagement plan to build good will and relationships between TPCO employees. • General business services including maintenance of keys, annual elevator inspection, service contracts and others services as required. • Input on HR and Administrative company processes to improve efficiency. • Overseeing website for content. • Overseeing company email assignments. 5/2014 - 7/2014 Efood Trading Co. (Tianjin) Tianjin, P.R.C. BUSINESS CONSULTANT • Represented company at SIAL international food and beverage exposition in Shanghai • Negotiated with suppliers in Chinese, English and Spanish • Designed bilingual marketing materials • Developed B2B customer accounts • Handled communications with suppliers from Spain, Malaysia & Thailand 1/2014 - 7/2014 Fengshang Culture Club Tianjin, P.R.C. CUSTOMER RELATIONS INTERN • Developed international client accounts • Interfaced with international and local client base • Planned and managed club activities and events • Leveraged social media to engage customers and maintain relationships • Developed international expansion strategy and bilingual marketing materials 5/2013 - 9/2013 China University of Geoscience Beijing, P.R.C. GEOLOGY REASERCH INTERN • Preparing field reports, maps, and cross-section diagrams • Preparing Permeability & Porosity graphs for 3 Oil Wells • Assisting on geological survey of Henan gold mine • Performing microprobe analysis of rock samples at Texas A&M University 4/2013 - 5/2013 Urban Surveying Inc. Victoria, TX, USA SURVEY FIELD CREW INTERN • Operating Trimble GPS equipment in urban and field environment • Learning basics of property boundary and oilfield survey • Completing range of oil field survey tasks: staking of well pads, pipelines, and work easements • Karnes city royalties survey for Marathon Oil ROBBIN COLE GOODMAN — Business Operations Specialist ADDRESS: 1234 Nile Dr. #44 Corpus Christi, TX +1 361-461-2368, NIBBOR04@GMAIL.COM 8/2012 - 12/2012 University of Mississippi CHINESE TEACHING ASSISSTANT • Leading a class of 10 new Mandarin students • Conduct weekly language tutoring in Mandarin Chinese • Grading of homework, tests, and papers Oxford, MS, USA 01/2012 - 6/2012 China University of Geoscience Beijing, P.R.C. REASERCH ASSITANT • Co-authored academic paper with Petrology professor • Editing academic papers for multiple research teams • Participating in academic discussions guiding future research 6/2011 - 8/2011 Drill String Services Inc. Victoria, TX, USA MACHINE SHOP ASSISTANT • Running chemical process phosphate coating machined parts • Maintaining daily orderliness of tool crib and shop floor • Preparing repaired drill steam, doping and capping, to be returned to customer • Representing company on oil rig a point of contact for customer in multiple field operations. Education Texas A&M University — Corpus Christi 2014-2016 Bachelors of Arts in Economics (to be awarded December 2016) University of Mississippi 2010-2014 Course of Study: Geological Engineering/Mandarin Chinese Tianjin Normal University 2013-2014 Chinese Language Flagship Capstone Class Leader China University of Geoscience (Beijing) 2011-2012 Chinese Government Scholarship - Geology Chinese Language Flagship Center Qingdao 2010 St. Stephen's Episcopal School High School Degree Academic Work 2012 Dong, G., Mo, X, Zhao, Z., Zhu, D., Goodman, R. C., Kong, H., & Wang, S. (2013). Zircon U—Pb dating and the petrological and geochemical constraints on Lincang granite in Western Yunnan, China: implications for the closure of the Paleo-Tethys Ocean. Journal of Asian Earth Sciences, 62, 282-294. 2016 Meng, W., Wang, Z., Hu, B., Wang, Z., Li, H., & Goodman, R. C. (2016). Heavy metals in soil and plants after long-term sewage irrigation at Tianjin China: A case study assessment. Agricultural Water Management, 171, 153-161. Awards and Scholarships Wells Fargo Award for Outstanding Academic Performance in Economics 2016 TPCO America Certificate of Recognition 2014 The Language Flagship Chinese Capstone Scholarship 2013 American Petroleum Institute (Victoria, TX) Scholarship 2012-2016 American Petroleum Institute (Corpus Christi, TX) Scholarship 204-2016 American Petroleum Institute (Alice, TX) Scholarship 2014-2016 Chinese Government Scholarship 2011 University of Mississippi Academic Excellence Scholarship 2010 Certification HSK level 6 American Councils on the Teaching of Foreign Languages (ACTFL Chinese) 2+12+ Oral Proficiency Interview (OPI Chinese) - Superior CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Committee, or Commission Profile Darlene K Gregory Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * 1•J District 4 Current resident of the city? c Yes r No 26 If yes, how many years? Primary Phone Alternate Phone East Meets West Productions President Employer Job Title 1024 Leopard St, Suite A Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Darlene K Gregory 78401 Work Address - Zip Code 361-904-0044 Work Phone dgregory@eastmeetswestproductions.com Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Chairman of Parking Advisory Committee Education, Professional and/or Community Activity (Present) Masters Degree in Marketing;MBA, President of EMW Productions, LLC, dba East Meets West Productions; EMW Financial Management, LLC and Waterfront Communications, LLC. Chairman of Uptown Neighborhood Initiative National Association of Professional Women VIP Woman of the Year Circle SBA District IV Minority Business Champion of the Year (2007) Why are you interested in serving on a City board, commission or committee? I believe my business acumen and community involvement can be an asset to the RTA Board. As Chairman of the Parking Advisory Committee, and Uptown Neighborhood Initiative, I have worked with a diverse group of board members, and have chaired many non-profit boards over the past two decades. DKG Resume 2017.docx Upload a Resume CCRTA Award Letter.docx Please upload any additional supporting documents Darlene K Gregory Demographics Ethnicity fJ Caucasian/Non-Hispanic Gender IW Female Verification City Code Requirement - Residency 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. 1J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Darlene K Gregory 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes q. No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Darlene K Gregory Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No conflicts. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? c Yes No Darlene K Gregory CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2017 Application for a City Board, Committee, or Commission Profile Paulette G Kluge Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? c Yes r No 14 If yes, how many years? Primary Phone Alternate Phone Corpus Christi Convention and Visitors Bureau CEO Employer Job Title 101 North Shoreline #430 Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Paulette G Kluge Page 1 of 6 78401 Work Address - Zip Code 361-881-1877 Work Phone pkluge@visitcorpuschristitx.org Work E-mail address Preferred Mailing Address ✓ Home/Primary Address ✓ Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Watershore and Beach Advisory. Will resign if appointed to RTA and ask another CCCVB staff member to serve Education, Professional and/or Community Activity (Present) Del Mar College Foundation Board, ISAC Why are you interested in serving on a City board, commission or committee? Transportation is very important to the hospitality industry Paulette Kluge Updated Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Paulette G Kluge Page 2 of 6 Ethnicity IW Caucasian/Non-Hispanic Gender iw Female Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Paulette G Kluge 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Does your employer or your spouse's employer have a City contract? rYes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? cYes • No Paulette G Kluge Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? cYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? cYes ` No Paulette G Kluge Page 5 of 6 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Paulette G Kluge Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Jan 06, 2017 Application for a City Board, Committee, or Commission Profile Michael L Staff Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone DRR & RS Inc. Employer 6342 Harwick St Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State 78417 Work Address - Zip Code Michael L Staff Vice President Job Title Suite or Apt State Postal Code 3618530003 Work Phone mistaff035@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) Retired Corpus Christi Police Officer - 22 yrs. United States Army - 4 yrs. Past Chairman of Corpus Christi Crime & Prevention Board - 2 yrs. Board Member - 6 yrs. Past President of CCPOA - 8.5 yrs. Past Coordinator of RTA Security - 7 yrs. 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 1 If yes, how many years? Upload a Resume Please upload any additional supporting documents Michael L Staff 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. rJ I Agree Michael L Staff 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 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? cYesr• No Michael L Staff Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Michael L Staff CITY OF CORPUS CHRISTI Submit Date: Dec 28, 2016 Application for a City Board, Committee, or Commission Profile Lamont C. Taylor Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * IW District 1 Primary Phone Alternate Phone L. C.Taylor & Associates Employer 1701 Stillman Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78407 Work Address - Zip Code Lamont C. Taylor CEO Job Title Suite or Apt State Postal Code 361 739 4686 Work Phone Itshadow@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) M.A Trinity University, Co Chair Citizens Alliance for Fairness and Progress, and former Vice Chairman Board Member CCRTA Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? Yes r No 50+ If yes, how many years? Resume - Lamont C Taylor 2 .doc Upload a Resume Please upload any additional supporting documents Lamont C. Taylor Demographics Ethnicity fJ 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. 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 Lamont C. Taylor 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 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes No Lamont C. Taylor Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Lamont C. Taylor Lamont C. Taylor HIGHLIGHTS OF QUALIFICATIONS • 39 years of Transportation Experience • 25 years successful human resources experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Results -driven achiever with exemplary planning and organizational skills, along with a high degree of detail orientation • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Exceptional listener and communicator who effectively conveys information verbally and in writing • Effective in public speaking and media presentations • Skill in dealing with sensitive populations in a professional and concerned manner • Flexible team player that thrives in environments requiring ability to effectively prioritize and juggle multiple concurrent projects • A decision maker; resourceful and works well independently or as a cooperative team player • Highly motivated self-starter who takes initiative with minimum supervision • Extensive knowledge of the Corpus Christi community • Computer -literate performer with extensive software proficiency covering wide variety of applications PROFESSIONAL EXPERIENCE • Ensure Compliance with all aspects of DOT commitments. • Assure all Grants 5307,5309 DOJ, HUD and Homeland Security are properly assigned and compliance via the FTA team system . • Assure the integrity of the RTA Procurement process and the FTA 4220.1e procurement process. • Project Leader for ADA Title I, and Title II initiatives • Investigate employment practices and alleged violations of laws, in order to document and correct discriminatory factors. • Interpret civil rights laws and equal opportunity regulations for individuals and employers. • Study equal opportunity complaints in order to clarify issues. • Meet with persons involved in equal opportunity complaints in order to verify case information, and to arbitrate and settle disputes. • Coordinate, monitor, and revise complaint procedures to ensure timely processing and review of complaints. • Prepare reports of selection, survey, and other statistics, and recommendations for corrective action. • Conduct surveys and evaluate findings in order to determine if systematic discrimination exists. • Develop guidelines for non-discriminatory employment practices, and monitor their implementation and impact. • Review Company contracts to determine actions required to meet governmental equal opportunity provisions. • Counsel newly hired members of minority and disadvantaged groups, informing them about details of civil rights laws. • Instrumental in the Transit Reauthorization to insure DBE's have a place at the Transit Table. • Co -Authored Texas Unified Certification Program — RTA has a permanent seat on the TUCP coordinating council. • Successful in submitting and approval of two Triennial, Affirmative Action Plans, and Title VI Plans for the Regional Transportation Authority. • Extensive work in Human Resources • Extensive work in Compliance • Extensive work in Contract Compliance • TCRP Ambassador • TRB contributor • APTA Committee member Minority Affairs, (now DBE Sub committee under the Procurement) Diversity subcommittee representative, Access subcommittee, and finally Human Resources Sub committee • Planned Transportation Services for Elderly and Disabled Passengers • Developed Transition Plan for Care B services • Developed and trained personnel on requirements prior to and after ADA for fixed route services EMLOYMENT HISTORY — Corpus Christi Regional Transportation Authority 5 years 20 years 10 years Director/Business Development & Compliance DBE/EEO Officer Director of Elderly & Handicapped Transportation EDUCATION B.A. Business Administration and Computer Science — Huston -Tillotson College, Austin, TX (summa cum laude) M.A. Urban Studies — Trinity University, San Antonio, TX Graduate — Leadership Corpus Christi, Class XIV CTM (Competent Toastmaster) — Toastmasters International Certification MCA Certification, Master Compliance Administrator, American Contract Compliance Association. PROFESSIONAL AND COMMUNITY ASSOCIATIONS Board Member Citizens Alliance for Fairness and Progress Co Chair Corpus Christi Regional Transportation Authority 2011 to 2015 Leadership Corpus Christi Class XIV Nueces County MHMR foundation Board Member Toastmasters International — Corpus Christi Black Chamber of Commerce — Executive Board Member, Past President City of Corpus Christi Little League — Basketball Coach Hillcrest Neighborhood Association — Vice President City of Corpus Christi Planning Commission Past Chairperson Founding Member TUCP (Texas Uniformed Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 01, 2016 Application for a City Board, Committee, or Commission Profile Bill Tinney Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * IW District 2 Primary Phone Alternate Phone TKO Alarms and Security Employer Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code Bill Tinney Job Title Suite or Apt State Postal Code Work Phone bwtinney@tkoalarms.com Work E-mail address Preferred Mailing Address ✓ Home/Primary Address E 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) Why are you interested in serving on a City board, commission or committee? Registered Voter? cYes cNo Current resident of the city? r Yes c No 12 If yes, how many years? Upload a Resume Please upload any additional supporting documents Bill Tinney 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 Bill Tinney 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 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes 6* No Bill Tinney Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Bill Tinney CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Committee, or Commission Profile Carlos Vargas Prefix First Name Middle Initial Last Name Email Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Street Address City What district do you live in? * fJ District 3 Primary Phone Alternate Phone London ISD Trans/Maint Director Employer Job Title 1306 FM 43 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State 78415 Work Address - Zip Code Carlos Vargas Suite or Apt State Postal Code (361) 855-0092 Work Phone cvargas@londonisd.net 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) Continue to volunteer my DJ (music) services for several organization. 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 7 If yes, how many years? Resume_CarlosBVargas.doc Upload a Resume Carlos Vargas Biography.doc Please upload any additional supporting documents Carlos Vargas 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 Carlos Vargas 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 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 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? cYesr• No Carlos Vargas Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *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. Carlos Vargas Carlos B. ANN Objective My objective is to obtain employment in my area of expertise, transportation. For the past twenty-seven years I have worked in the professional transportation field in some capacity. From my start as a bus operator for Pharr -San Juan -Alamo I.S.D. to my time as the General Manager of MV Transportation in Corpus Christi, TX, I have had the opportunity to learn most facets of the transportation field. I have become familiar with, among other aspects, route logistics, safety protocols, and budget management. I have also continued to refine my driving skills since driving was my first passion and has since become a lasting one. Most importantly, I have experience in both managerial and non -managerial positions, which has given me unique insight into both sides of transportation. I have learned, in other words, to balance the interests of my employer with those of my employees, which leads to a fair, efficient, and productive workplace. Experience General Manager, MV Transportation 2006-2014 Supervised dispatchers, trainers, drivers, clerks, administration personnel, maintenance and safety crews Executed payroll, local purchasing, and contract administration Managed division budget Visited centers/facilities Conducted monthly department meetings Submitted weekly/monthly operations reports to client Attended client meetings Attended and participated in board presentations Attended company training (MV University) Gained in -vehicle experience and conducted "behind the wheel" training Responsible for on-time operating performance, ridership equipment availability, and safety on all routes Recruited and developed staff to deliver reliable service Controlled the daily operation of transportation contract, in compliance with the policies of the contracting agency and in conformance with company procedures. Texas Certified Instructor, Region -One Educational Service Center 2002-2006 Attended Region -One meetings in Austin, Texas Conducted emergency school bus evacuation training in Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata Counties Performed classroom instruction on school bus and transportation laws Performed "behind the wheel" training Performed classroom instruction on installation of child restraint devices Judged Regional and State level school bus Road-eo Director of Transportation, McAllen Independent School District Supervised a 120 person employee staff Oversaw a 1 6 million annual budget Managed proposals for school bus purchases Submitted Transportation Funding reports to ILA Performed evacuation training for students with special needs Attended monthly school board presentation 2001-2006 NINO Arranged meetings with school principals, teachers, and parents Gained in -vehicle experience and conducted "behind the wheel" training with bus drivers Managed Safe Transportation in-service meetings Collaborated with the City of McAllen during hurricane evacuation planning Transportation Supervisor/Dispatcher, Pharr -San Juan -Alamo I.S.D 1994-2000 Answered phones, greeted and assisted visitors, and handled general administrative duties, such as filing, copying and mailing field trip requests Organized regular bus routes Organized bus routes for students with special needs Supervised 98 bus routes Managed bi-weekly payroll Submitted Transportation Funding reports to ILA Performed school bus evacuation training at schools Performed "behind the wheel" training and earned in -vehicle experience Transportation Bus Operator, Pharr -San Juan -Alamo I.S.D. Transported students to and from school Completed assigned school function activities Ensured a safe driving environment Performed student school bus evacuation training Vehicle Transporter/Salesperson, Marty's Used Cars Transported used cars Assisted in sales and service Corresponded with customers Detailed vehicles Performed minor engine repair Education 1986-1994 1981-1986 HSD, Pharr -San Juan -Alamo High School 1981 Other Certified Texas Education Agency (FLA) Instructor Texas Association of Pupils Transportation (TAPT) Instructor State Certified under the Texas DPS in Accident Investigation Skills I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as I have consistently managed multiple projects/departments at once. 2 In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of experience in the field. In his second year of working with MV Transportation, he received the award of "New General Manager of the Year" for 2008. He manages the budget for the corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr -San Juan -Alamo ISD; seven years as a bus operator and six years as a dispatcher/supervisor. In January 2001, he became the Director of Transportation for McAllen ISD. Carlos has received numerous certifications and training within the transportation field. A most recent certification was received at MV University General Manager training. Other certifications include Texas A&M Engineering Extension Service Instructor, Texas DPS Accident Investigator, Texas DPS Child Restraint, and Texas Association for Pupil Transportation Instructor. In addition, he is a certified instructor for wheelchair securement. While employed with McAllen ISD, he attended education logistics training for school bus routing in Las Vegas, Nevada. He also attended United States Homeland Security Weapons of Mass Destruction training in Austin, Texas. Carlos is also active within the community of Corpus Christi. He currently serves as board member with Corpus Christi Hispanic Chamber of Commerce, member of Corpus Christi Chamber of Commerce, committee member with Corpus Christ Committee For Persons With Disabilities, active volunteer with Big -Brothers Big -Sisters of South Texas, active volunteer with Flour Bluff Special Olympic and volunteers with Antonio Art Garcia Center annual Navidad Del Los Nino's Christmas event in which he provides music during the Christmas toy drive giveaway. Originally, from Pharr, Texas, Carlos now works in Corpus Christi, Texas, with his wife Graciela, a teacher with CCISD. His daughter Sara Eloisa graduated in May 2008 from TAMUK as an Electrical Engineer and currently works for Sam's Club Corporate office in Rogers, Arkansas. In May -2010, his son Carlos Emmanuel graduated from TAMUCC with a degree in Biochemistry and currently attends Pacific Northwest University of Health Science in Yakima, Washington. An important aspect of his life includes his family and friends, but of great importance, his wife. He also enjoys fishing, cooking, and his favorite barbecuing where he was awarded 1St place in the "2002 -Backyard Chef" contest. City Of Corpus Christi TRANSPORTATION ADVISORY COMMISSION BOARD DETAILS T OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Transportation Advisory Commission is responsible for providing a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applications for transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system; provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility -related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendations for traffic safety-related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per the Unified Development Code to the Planning Commission and City Council. DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members without voting privileges, any additional members. CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. TRANSPORTATION ADVISORY COMMISSION Page 1 of 2 DEPARTMENT Street Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION TRANSPORTATION ADVISORY COMMISSION Page 2 of 2 IMPIllmU Status District Term End date Position Do you qualify for the bicycling community cate_o ? Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION Resigned District 4 1 Scott Harris Bicycling Community 5/1/2018 Member Representative TRANSPORTATION ADVISORY COMMISSION Resigned District 1 2 5/1/2019 Member Richard J. Diaz TRANSPORTATION ADVISORY COMMISSION Active District 4 Partial 5/1/2018 Member Yes Transportation Advisory Commission Members September 12, 2017 Two (2) vacancies with terms to 5-1-18 and 5-1-19. (Note: At least one member shall be a representative of the bicycling community.) John Garcia TRANSPORTATION ADVISORY COMMISSION Active District 1 1 5/1/2020 Member Yes Leo Rios TRANSPORTATION ADVISORY COMMISSION Active District 4 1 5/1/2020 Member Dennis Miller TRANSPORTATION ADVISORY COMMISSION Active District 5 2 5/1/2020 Member Wilfredo Rivera, Jr. TRANSPORTATION ADVISORY COMMISSION Active District 2 1 5/1/2018 Member No No No Elena Buentello TRANSPORTATION ADVISORY COMMISSION Active District 3 1 5/1/2019 Chair No Robert Saldana TRANSPORTATION ADVISORY COMMISSION Active District 5 1 5/1/2019 Vice -Chair Corpus Christi Metropolitan Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active District 4 N/A N/A Ex -Officio, Non-voting Planning Organization Texas Department of Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Ex -Officio, Non-voting Transportation No Corpus Christi Regional Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active District 1 N/A N/A Ex -Officio, Non-voting Transportation Authority Transportation Advisory Commission Applicants September 19, 2017 Name District Employer Phillip Davis TRANSPORTATION ADVISORY COMMISSION District 4 Yes Robert C. Soape TRANSPORTATION ADVISORY COMMISSION District 5 No Larry L. White TRANSPORTATION ADVISORY COMMISSION District 5 AIISourcePPS 16371 Beach Boulevard Huntington Beach CA No CITY OF CORPUS CHRISTI Submit Date: Jan 13, 2017 Application for a City Board, Committee, or Commission Profile Prat x Address Phillip Davis Which Boards would you like to apply for? Middle Initial Last Name CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted C';7 Current resident of the city? r• Yes r No 35 If yes how many years? Primary Phone Employer Work Address - Street Address and Suite Number Work Address - Cit.; Phillip Davis Alternate Phone Jc85 Tr°I0 Suite or Apt State Postal Code Work Address • State Work Address • Zip Code Work Phone pdavis@delmar.edu Work E-mail address Preferred Mailing Address ✓ Home/Primary Address ✓ Work Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Anything outdoor related: Parks, Marina, Beaches, etc Education, Professional and'or Community Activity (Present) Active in Santa Fe Soccer Club, Santa Fe Swim Club and Downtown Optimist Club Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 17 Caucasian/Non-Hispanic Phillip Davis Gender W Male Registered Voter? P Yes r No What district do you live in? * 11 District 4 Verification City Code Requirement - Residency 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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. r✓ I Agree Phillip Davis 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. I7 I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 I Agree Board -specific questions (if applicable) 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? * 17 Scientist, i.e. Marine Biologist Question appl es to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r. Yes r No Oiestlon apples to WATERSHORE AND BEACH ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * 17 Scientist i.e.,Marine Biologist) CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Committee, or Commission Profile Robert First Name Email AddrRsc C e milia: Soape Lastt Name 11 r Street Address Cir Suite or Apt State What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/InformationLookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) Ic7 District 5 Current resident of the city? r• Yes r No 8 If yes how many years/ �.r Primary Phone Alternate Phone n/a Employer n/a Work Address - Street Address and Suite Number n/a Work Address - City nla Work Address - State Robert C Soape n/a Jca''10 WPM Postal Code n/a Work Address - Zip Code n/a Work Phone kolt45soape@gmail.com Work Email address Preferred Mailing Address I Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City boardcommission or committee at this time? If so, please list: I am currently applying to alt boards and comittees necssary to help my community Education, Professional and or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Robert C Soape Demographics Ethnicity fJ Other Gender fJ Male Verification City Code Requirement - Residency 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. [7 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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. Pr I Agree Robert C Soape 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 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? r• Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r• Yes r No Robert C Soape Question applies lo TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes r. No Robert C Soape CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2017 Application for a City Board, Committee, or Commission Profile Larry L White First Name Middle Initial Email Addre_ Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION: Submitted Street Address Cily Current resident of the city? r• Yes r No 30 11 yes, how many years/ Primary Phone Alternate Phone AllSourcePPS &ripMyatt 16371 Beach Boulevard Worn Address - Street Address and Su to Number Huntington Beach Work Address - City California Work Address - State Larry L White Consulting Engineers - Part Time at Chemours ..fib Title Suite or Apt State Postal Code 92647 Work Address - Zip Cade Work Phone Larry.L.White.PE@gmail.com Work E-mail address Preferred Mailing Address I -J 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) M.S. Degree in Chemical Engineering; M.S. Degree in Environmental (Civil) Engineering. Part time consulting engineering at Chemours in Ingleside, Tx (AllSource contractor) Member Veterans Band of Corpus Christi, Member Corpus Christi Bucaraders; Have volunteered weekends for KIROS-Ourside; Member Texas Society of Professional Engineers. Why are you interested in serving on a City board, commission or committee? lam semi -retired and have lived in Corpus Christi for over 30 years. Corpus Christi is my home and I want to serve my community for the good of all. I believe my background in engineering would be a benefit for this committee. RESUME FOR LARRY 14.pdf Upload a Resume Please upload any additional supporting documents Demographics Larry L White Ethnicity rJ Caucasian/Non-Hispanic Gender 17 Male Registered Voter? r. Yes r No What district do you live in? 17 District 5 Verification City Code Requirement - Residency 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. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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. r✓I Agree Larry L White 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. 17 I Agree Oath 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 TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? rYes r• No RESUME FOR LARRY L. WHITE EDUCATION March, 1972 Bachelor of Science in Chemical Engineering from Louisiana Tech University in Ruston, Louisiana. August, 1973 Master of Science in Chemical Engineering from Louisiana Tech University in Ruston, Louisiana. Received a Texaco Research Fellowship for my M.S. Degree in Chemical Engineering. May, 1976 Master of Science in Environmental (Civil) Engineering from Memphis State University in Memphis, Tennessee. 1995 to Part time graduate student in mathematics at Texas A&M University in 2000 Corpus Christi. DUPONT WORK HISTORY 2012 to Present I presently work as a part time contract engineer (AllSourcePPE) for DuPont (now Chemours) . In this position I am mentoring new engineers and doing other consulting work. 2007 to 2012 I was assigned to the HFC- I 52a Process as the Process Engineer. In this position, I ran process tests for energy conservation, product quality, and reactor optimization. I was also assigned to DuPont's Highly Toxic Material (HTM) C12 Guardian Committee. My responsibly was to ensure that the Corpus Plant met the DuPont Standards for the safe handling of C12. I also audited other DuPont sites (one site was in Asia) for compliance with the DuPont Standards for C12. 2006 to 2007 Took a leave of absence from DuPont to teach full time at Texas A&M Corpus Christi. 2001 to 2006 I provided the technical support for HFC -134a Process at the DuPont Corpus Plant. My responsibilities included process tests, optimization, and product quality. 2000 to 2001 Project Team Leader for a new pharmaceutical product at the DuPont Corpus Christi Plant. I managed the design, construction, and start up of the new system. I was responsible that this system complied with the Food & Drug Administration (FDA) regulations. 1992 to 2000 I was assigned to the start up team for a 2°`' HFC -134a Process, I worked as a shift engineer and then became the technical lead for this new process. In 1995, in addition to my other responsibilities, I was assigned as the Plant Process Hazards Analysis (PHA) Champion for the Corpus Christi Plant. My responsibility was the coordination of the Plant's PHA program. 1988 to 1992 In 1988 I was assigned to the Project Team to design and build the world's first HFC - 134a Manufacturing Facility. This project was in response to the Montreal Protocol (i.e., the ozone depletion issue). Using lab reports and a computer generated flow sheet, I prepared the basic data and design for the middle part of the process. After start up I monitored the process performance, ran process tests, evaluated product quality, provided general support to operations, and followed two expansion projects. 1985 to 1988 In 1985 I transferred to the DuPont Corpus Christi Plant and was assigned to the Aqueous HCI Process. This work involved equipment modifications and process optimization. 1982 to 1985 From 1982 to 1985, I was the Plant Environmental Coordinator at the DuPont Montague Plant in Michigan This involved permit applications, environmental reports to the State & EPA, compliance monitoring, hazardous waste, air emission inventories, etc. 1973 To 1982 My first assignment was as a process engineer at the DuPont Memphis Plant where I evaluated distillation column performance. I later moved to the Cyanide Waste Treatment System. My last assignment at the Memphis PIant was in the environmental group. In this position I prepared the plant's RCRA permit application and assisted in the preparation of the Plant's NPDES permit application. WORK HISTORY WITH PINKERTON For 6 months in 1972, I worked as a construction gate guard at a chemical plant in Baton Rouge, Louisiana. This included shift work on weekends for the main gate and main office building. WORK HISTORY AT TEXAS A&M -CORPUS CHRISTI (TAMUCC) During 2006/2007 I was a Visiting Professor at TAMUCC in the Engineering Technology Department. I taught thermodynamics, heat transfer, fluid mechanics, material science, engineering economics, and manufacturing systems. I also organized the safety rules in the Engineering Technology Tabs. I received a certificate of appreciation by the Program Coordinator when I left TAMUCC to go back to DuPont. From 2001 to 2006 I was a part time Adjunct Professor at Texas A&M -Corpus in the Engineering Technology Department teaching thermodynamics and heat transfer. WORK HISTORY AT TEXAS A&M-KINGSVILLE (TAMUK) I was a part time Adjunct Professor in the Department of Chemical Engineering, Spring 2014, teaching heat transfer and thermodynamics. I helped start the Engineering Advisory Council for the Dotterweich College of Engineering, Kingsville, and am a Past Chairperson of this Council. WORK HISTORY AT DEL MAR COLLEGE I have been a part time instructor in the ColIege's Corporate Services Department. I have taught an Introduction to Corrosion Course and a Technical Writing course at the metal plating shop (Army Depot) for their new technicians. MILITARY HISTORY Member of the Coast Guard Reserve from June, 1968, to June, 1974. Honorable Discharge at the rank of Engineman Second Class. PROFESSIONAL ACTIVITIES AND HONORS DuPont 2003 Engineering Excellence Honoree I obtained my Tennessee P.E. License in 1978 and am now a Registered Professional Engineer in Texas. Member of the American Institute of Chemical Engineers (AIChE). I am a past member of the Safety & Chemical Engineering Education Program (SAChE). This sub- committee works with engineering professors on including safety topics in their courses. Member of the Texas Society of Professional Engineers (TSPE). I'm the past President for the local TSPE Chapter. I am presently a State Director for TSPE. I've participated in the Society's Math Counts program which helps middle school students become interested in math and engineering. COMMUNITY ACTIVITIES Member of the Corpus Christi Veterans Band Past Member of the Corpus Christi Ethics Commission Member of the Corpus Christi Bucaraders Volunteer for KIROS Outside. Ran for Del Mar Board of Regents (Nov. 2012) and came in 2' in a field of 4. Ran for Mayor (Special Election, 2017) and came in 3'd in a field of 8. City Of Corpus Christi TREE ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 5 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Tree Advisory Committee reviews and recommends a formal written plan to the City Council for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. A public tree is defined as trees, shrubs, bushes and other woody vegetation planted in land owned by the City. They shall also provide recommendations to the Planning Commission on any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. Working with the Parks and Recreation Department, the plan shall not conflict with the Parks and Recreation Master Plan, and the committee shall also develop a recommended list of tree species for public trees to be planted on lands owned by the City. It may also recommend to the Parks Director the removal of any public tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. DETAILS COMPOSITION The committee shall consist of five (5) members to be approved by the City Council. Membership shall consist of one (1) Landscape Architect, one (1) Certified Arborist or Urban Forester, one (1) representative from electric utility provider AEP, Texas, and two (2) At -Large community members. Initially, two (2) members shall serve an initial term of one (1) year and three (3) members an initial term of two (2) years, determined by drawing at the initial committee meeting. Thereafter, terms of office shall be two -years. CREATION / AUTHORITY Section 2-315, Code of Ordinances, Ord. No. 029756, 03/04/13; amended 01/21/14, Ord. No. 030059. MEETS 2nd Thursday of the month, 4:00 p.m., Parks and Recreation Conference Room (3rd Floor City Hall, 1201 Leopard) TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE AGENDAS OTHER INFORMATION TREE ADVISORY COMMITTEE Page 1 of 1 Tree Advisory Committee Members September 19, 2017 Five (5) vacancies with terms to 2/18/18 and 2/18/19 representing the following categories: 2 - At -Large, 1- AEP Texas Representative, 1- Arborist or Urban Forester and 1- Landscape Architect. (Staff is recommending the postponement of the Landscape Architect category for further recruitement.) Sylvia Campos TREE ADVISORY COMMITTEE Seeking reappointment District 2 2 02/18/17 At -Large Member 71% 5/7 meetings Phillip Christian TREE ADVISORY COMMITTEE Seeking reappointment District 1 1 02/18/16 Arborist or Urban Forester Chair 100% 7/7 meetings Grant Ehlen TREE ADVISORY COMMITTEE Resigned District 1 2 02/18/17 AEP Texas Representative Member Margareta Fratila TREE ADVISORY COMMITTEE Did not seek reappointment District 3 Partial 02/18/16 At -Large Member Viviana Rodriguez TREE ADVISORY COMMITTEE Did not seek reappointment District 5 1 02/18/16 Landscape Architect Member Tree Advisory Committee Applicants September 19, 2017 Name Boards Applying For District Work Phone Category Donald C. Fields Kevin Gibbs John Hardie Chad P. Huckabee TREE ADVISORY COMMITTEE TREE ADVISORY COMMITTEE TREE ADVISORY COMMITTEE TREE ADVISORY COMMITTEE District 1 District 4 District 4 District 4 AEP Texas Texas A&M AgriLife Extension St. Mark's Episcopal Church Retired Electric Utility Provider AEP, Texas 539 N. Carancahua St. Corpus Christi TX 361-881-5641 Representative 710 E. Main, Suite 1 Robstown TX 361-767-5217 At -Large 2727 Airline Road Corpus Christi TX At -Large At -Large Alex H. Husby TREE ADVISORY COMMITTEE District 1 Davey Resource Group At -Large or Certified Arborist or Urban 765 Savage Ln. Corpus Christi TX 361-443-0502 Forester Robert C. Soape TREE ADVISORY COMMITTEE District 5 At -Large CITY OF CORPUS CHRISTI Submit Date: Aug 09, 2017 Application for a City Board, Committee, or Commission Profile Donald C Fields Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? r Yes c: No Moving to Corpus in Mid - September. If yes, how many years? Primary Phone Alternate Phone AEP Texas Forestry Supervisor Employer Job Title 539 N. Carancahua St. Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX. Work Address - State Donald C Fields 78401 Work Address - Zip Code 361-881-5641 Work Phone dfields@aep.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Bachelor's Degree - Forest Management - Purdue University, West Lafayette, IN. 20 years experience in Utility vegetation management activities. Board member of Uvalde, TX. tree board. Board member of Laredo, TX. tree advisory committee. ISA Certified Arborist. Why are you interested in serving on a City board, commission or committee? As part of my daily work activities, my work group has tremendous impact on the tree of Corpus Christi! My service on the Board will provide all interested groups with an opportunity to voice their opinions/positions regarding such activities. Upload a Resume Please upload any additional supporting documents Demographics Donald C Fields Ethnicity IW Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Donald C Fields 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Donald C Fields Board -specific questions (if applicable) Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Certified Arborist or Urban Forester V' Electric Utility Provider AEP, Texas Representative Donald C Fields CITY OF CORPUS CHRISTI Submit Date: Jul 26, 2017 Application for a City Board, Committee, or Commission Profile Kevin Gibbs Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * 1•J District 4 Current resident of the city? c Yes r No 2 If yes, how many years? Primary Phone Alternate Phone Texas A&M AgriLife Extension Employer 710 E Main Suite 1 Work Address - Street Address and Suite Number Robstown Work Address - City Texas Work Address - State Kevin Gibbs Extension Horticulturist for Nueces County Job Title 78380 Work Address - Zip Code 3617675217 Work Phone kevin.gibbs@ag.tamu.edu Work E-mail address Preferred Mailing Address iw Work Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Xeriscape Committee Education, Professional and/or Community Activity (Present) BS, Ornamental Horticulture Texas Tech 1992 MS Education Texas A&M Corpus Christi 2003 Why are you interested in serving on a City board, commission or committee? My job as extension horticulturist carries me all over Nueces County. I'm very concerned about monoculture and the impact that planting one type of tree or plant will have in our area. I've had the opportunity to work with many of the people on the committee and find that we share common goals. Upload a Resume Please upload any additional supporting documents Demographics Kevin Gibbs Ethnicity IW American Indian/Alaskan Native Aleutian Gender IW Male Verification City Code Requirement - Residency 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. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Kevin Gibbs 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Kevin Gibbs Board -specific questions (if applicable) Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Kevin Gibbs CITY OF CORPUS CHRISTI Submit Date: Jul 31, 2017 Application for a City Board, Committee, or Commission Profile John Hardie Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * 1•J District 4 Current resident of the city? c Yes r No 18 years If yes, how many years? Primary Phone Alternate Phone St. Mark's Episcopal Church Rector (Pastor) Employer Job Title 2727 Airline Road Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State John Hardie 78414 Work Address - Zip Code Work Phone johnh@stmarkscc.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) B.A., M.Div., Ecumenical Ministries of Corpus Christi (EMC2) President, Bishop Elliott Society (theological education) Why are you interested in serving on a City board, commission or committee? I've known several of our mayors, and have served on several boards before, albeit not a City board. Moved by the book, "The Last Child in the Woods," I am determined to help our citizenry improve its appreciation for trees and nature. John Hardie s 2017 Resume.doc Upload a Resume Please upload any additional supporting documents Demographics John Hardie Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 John Hardie 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree John Hardie Board -specific questions (if applicable) Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * John Hardie THE REV. JOHN F. HARDIE OBJECTIVE To serve Jesus Christ in a local setting, promoting wholistic spiritual renewal, humble service, and mission -oriented outreach to the benefit of all. EXPERIENCE 1999 to present St. Mark's Episcopal Church Corpus Christi, TX Rector The Lord, the People, and I • Restored healthy relationship between parish and diocese • Retired long-standing debt • Started Access Plus Outreach Ministry • Built a new sanctuary with no long-term debt • Started THE KING'S FOREST: A place to play the way we used to play 1995-1999 St. Philip's Episcopal Church Uvalde, TX Rector The Lord, the People, and I • Reversed declining membership trend • Increased pledged income by 60% • Guided St. Philip's School to new highs in fundraising and enrollment • Held a successful campaign to renovate and expand existing buildings 1990-1995 All Saints' Episcopal Church Associate Rector for Pastoral Care The Lord, the People, and I • Oversaw all visitation and pre -marriage ministries • Developed Circle of Concern program • Established healing -oriented ministries including Prayer Teams, an Inner Healing Team, and a Lay Counseling Team Beverly Hills, CA 1987-1989 St. Bartholomew's Episcopal Church Corpus Christi, TX Assistant to the Rector, Priest in Residence during an Interim EDUCATION DIOCESE 1984-1987 M.Div. Virginia Theological Seminary Alexandria, VA 1979-1983 B.A. Economics, Tulane University New Orleans, LA Present President, Bishop Elliott Society Prior Dean of the Southern Convocation, Standing Committee, Executive Board, World Mission Stewardship, Board of Examining Chaplains, Steering Committee — Cursillo Secretariat RECENT CONTINUING EDUCATION The Cathedral College: The Art of the Homily; Embodying the Spoken Word Bishop Elliott Society: Bi -annual lecture series by preeminent Anglican scholars Introduction to Family Systems PERSONAL FAMILY: Married twenty-eight years to Melanie; children John Ford, Julianne, and Bethany, ages 25, 23, and 21. DIVERSIONS: Fishing, writing music and poetry, gardening. REFERENCES The Rt. Rev. David Reed Diocese of West Texas 2 Mr. John Warren Maj. Gen. And Mrs. Garry Schnelzer .1 2 JHARDIE7513 @ GMAIL.NET 3 6709 PHARAOH DR • CORPUS CHRISTI, TX 78412 • PHONE (361) 443-4916 CITY OF CORPUS CHRISTI Submit Date: Jul 27, 2017 Application for a City Board, Committee, or Commission Profile Chad P. Huckabee Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * 1•J District 4 Current resident of the city? c Yes r No 58 years If yes, how many years? Primary Phone Alternate Phone Retired Teacher Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Chad P. Huckabee Work Address - Zip Code Work Phone chadhuckabee@outlook.com Work E-mail address Preferred Mailing Address 1W- Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted 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) Bachlors Degree Science: president and founding member o South Texas Master Naturalist Why are you interested in serving on a City board, commission or committee? Civic responsibility, and I bring in a wealth of experience dealing with native and invasive plants within this area Upload a Resume Please upload any additional supporting documents Demographics Chad P. Huckabee Ethnicity I Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Chad P. Huckabee 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Chad P. Huckabee Board -specific questions (if applicable) Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Chad P. Huckabee CITY OF CORPUS CHRISTI Submit Date: Jun 13, 2017 Application for a City Board, Committee, or Commission Profile Alex H Husby Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 1 Current resident of the city? c Yes r No 2 If yes, how many years? Primary Phone Alternate Phone Davey Resource Group Contract Utility Forester Employer Job Title 765 Savage Ln Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Alex H Husby 78411 Work Address - Zip Code 3614430502 Work Phone Alex.Husby@davey.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted 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) Why are you interested in serving on a City board, commission or committee? I would like the opportunity to help make Corpus Christi an even better place to live! Trees offer a vast amount of value to a city, working to better the urban forest is something deeply important to me. Alexander Husby Resume .pdf Upload a Resume Please upload any additional supporting documents Demographics Alex H Husby Ethnicity IW Caucasian/Non-Hispanic Gender iw Male Verification City Code Requirement - Residency 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Alex H Husby 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. f7 I Agree Alex H Husby Board -specific questions (if applicable) Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 17 Certified Arborist or Urban Forester Alex H Husby Alexander H. Husby Summary A service minded, personable individual who has demonstrated willingness to work hard and seen success in a wide variety of positions, utilizing flexibility and application of knowledge and skills. Education TEXAS A&M UNIVERSITY- College Station, Tx 5/2015 College of Agriculture department of Ecosystem Science & Management • Bachelor of Science o Forestry • Relevant Coursework o Aboriculture- Trees and urban environments o Dendrology- Tree identification o Forest Protection- Study of insects and pathogens o Wild Land Watershed Management- Protection of water resources o Soil and Crop Science- Soil studies o Principles of Forestry (Silviculture)- forest health and management Experience Davey Resource Group- Corpus Christi Contract Utility Forester for AEP TEXAS 11/2016 -Present • Coordinate movement of Herbicide and Mowing crews on AEP Texas property • Develop long term strategies for power reliability • Process timesheets and approve invoices regularly • Educate customers on benefits of responsible herbicide usage • Communicate with vendors to effectively complete work • Uphold safety as number one priority Benchmark Landscapes -Corpus Christi Arbor/Account Manager • Managed landscape crews each day on a variety of properties • Conducted safety checks for equipment • Directed/trained arbor crew in proper pruning techniques • Restructured outlook of Arbor program in Corpus Christi • Responsible for any and all bidding/billing of approved work • Maintained working customer relationships through trials 9/2015-11/2016 H -E -B Foundation Camp- Leakey, Tx 5/2014-7/2014 Laity Lodge Family Camp Work Crew Manager • Managed a team of 10 high school staff members on camp property • Assisted developing relationships, character and work ethic within the team • Directed in grounds maintenance and set up for camp activities • Achieved forklift safety certification award for continual safe practices • Led weekly camp worship Brazos Valley Young Life -Hearne, Tx 5/2012-5/2014 Team Lead • Chosen by peers as team leader (5/2013) • Collaborated with area director to lead 13 team members on a daily basis • Managed camp fundraising efforts totaling $25,000 • Organized multiple weekly team meetings and group activities • Responsible for weekly club event for 50-70 high school students • Counseled students and led bible studies Other ISA Certified Arborist TX -4322A Gardener at Frontier Young Life Camp BioForsk Agricultural Research Farm, Norway Founder of Thirdcoastcasters (community centered fly fishing club) 4/2017 -Present 7/2013-8/2013 6/2008-7/2008 N/A CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Committee, or Commission Profile Robert C Soape Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? (Note: If you do not know your district, click here (https://corpus.maps.arcgis.com/apps/Information Lookup/index.html? appid=c42fde6630d0421 b9d57ef926e485d01) * TJ District 5 Current resident of the city? c Yes r No 8 If yes, how many years? Primary Phone Alternate Phone n/a Employer n/a Work Address - Street Address and Suite Number n/a Work Address - City n/a Work Address - State n/a Job Title Robert C Soape Page 1 of 6 n/a Work Address - Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address iw Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Robert C Soape Page 2 of 6 Please upload any additional supporting documents Demographics Ethnicity i Other Gender 17 Male Verification City Code Requirement - Residency 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. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to 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 Robert C Soape 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. 14 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 14 I Agree Robert C Soape Page 4 of 6 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? I° Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? IT Yes c No Robert C Soape Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? (r-Yesr• No Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Robert C Soape Page 6 of 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 12, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-4281 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Tire Repair and Replacement Services for the Corpus Christi Fire Department CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Beasley Tire Services, Inc. of Houston, Texas for the repair and replacement services of tires for the Corpus Christi Fire Department in response to Request for Bid No. 978 based on the lowest responsive, responsible bid for a total amount not to exceed $116,510.00, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service agreement is for tire repair and replacement for Corpus Christi Fire Department vehicles. BACKGROUND AND FINDINGS: Beasley Tire Services, Inc. will provide tire service to the Corpus Christi Fire Department Maintenance Division from their Corpus Christi location. Tire service is critical to sustaining the dependability of the fleet maintenance program which includes fire trucks, ambulances, and other emergency response vehicles. The Corpus Christi Fire Maintenance Division is responsible for keeping the CCFD units ready for emergency service. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bid, and one no bid and is recommending the award to the lowest responsive, responsible bidder, Beasley Tire Services. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These purchases conform to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fire FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $658,558.00 $116,510.00 $775,068.00 Encumbered / Expended Amount $496,787.47 $0.00 $496,787.47 This item $0.00 $116,510.00 $116,510.00 BALANCE $161,770.53 $0.00 $161,770.53 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $116,510.00. Annual funding will be requested during future budget years. The total estimated contract value will be $349,530.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB978 - Tire Repair & Replacement Services for CCFD ITEM DESCRIPTION UNIT QTY Beasley Tire Services, Inc. Houston, TX Southern Tire Mart Columbia, MS Hesselbein Tire San Antonio, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Group 1 1 425/65R 22.5 Michelin Tire EA 6 $ 699.00 $4,194.00 $ 803.00 $ 4,818.00 2 385/65R 22.5 Michelin Tire EA 6 $ 630.00 $3,780.00 $ 721.00 $ 4,326.00 3 315/80R 22.5 Michelin Tire EA 20 $ 550.00 $11,000.00 $ 639.00 $ 12,780.00 4 12R 22.5 Michelin Tire EA 50 $ 550.00 $27,500.00 $ 619.00 $ 30,950.00 5 11R 22.5 Michelin Tire EA 40 $ 400.00 $16,000.00 $ 476.00 $ 19,040.00 Group 2 6 225/70R 19.5 Tire EA 12 $ 215.00 $2,580.00 $ 276.00 $ 3,312.00 7 245/75R 17 Tire EA 30 $ 130.00 $3,900.00 $ 147.00 $ 4,410.00 8 235/80R 17 Tire EA 100 $ 136.00 $13,600.00 $ 145.00 $ 14,500.00 9 Tire Repair EA 100 $ 29.00 $2,900.00 $ 20.00 $ 2,000.00 Group 3 10 265/70R 17 Tire EA 24 $ 150.00 $3,600.00 $ 139.00 $ 3,336.00 11 255/65R 17 Tire EA 24 $ 115.00 $2,760.00 $ 131.00 $ 3,144.00 12 245/65R 17 Tire EA 8 $ 108.00 $864.00 $ 120.00 $ 960.00 13 265/75R 16 Tire EA 2 $ 120.00 $240.00 $ 139.00 $ 278.00 14 245/75R 16 Tire EA 4 $ 96.00 $384.00 $ 135.00 $ 540.00 15 P235/70R 16 Tire EA 8 $ 92.00 $736.00 $ 128.00 $ 1,024.00 16 P215/60R 16 Tire EA 2 $ 84.00 $168.00 $ 96.00 $ 192.00 17 235/75R 15 Tire EA 4 $ 96.00 $384.00 $ 120.00 $ 480.00 18 P225/70R 15 Tire EA 4 $ 83.00 $332.00 $ 111.00 $ 444.00 19 P215/60R 15 Tire EA 4 $ 80.00 $320.00 $ 87.00 $ 348.00 20 P195/60R 15 Tire EA 4 $ 92.00 $368.00 $ 79.00 $ 316.00 21 235/50R 17 Tire EA 20 $ 100.00 $2,000.00 $ 138.00 $ 2,760.00 22 Tire Repair EA 100 $ 19.00 $1,900.00 $ 20.00 $ 2,000.00 Roadside Service 1 Service Call EA 100 $ 75.00 $7,500.00 $ 40.00 $ 4,000.00 2 After Hours Service Call EA 100 $ 95.00 $9,500.00 $ 75.00 $ 7,500.00 $116,510.00 $ 123,458.00 NO BID SERVICE AGREEMENT NO. 978 Tire Repair and Replacement Services for the Corpus Christi Fire Department THIS Tire Repair and Replacement Services for the Corpus Christi Fire Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Beasley Tire Service, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tire Repair and Replacement Services for the Corpus Christi Fire Department in response to Request for Bid/Proposal No. 978 ("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 Tire Repair and Replacement Services for the Corpus Christi Fire 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 $1 16,510.00, 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, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 361-826-3923 Kevinsu@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: Kevin Sullivan Corpus Christi Fire Department Shop Supervisor 1501 Holly Road, Corpus Christi, TX 78417 Fax: 361-826-4341 IF TO CONTRACTOR: Beasley Tire Service, Inc Attn: Michael Beasley Vice President 1 1802 Eastex Frwy, Houston, TX 77039 Fax: 281-449-9436 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 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 CONTRACTO Signature: Printed Name: t Cic',O Title: \ Date: - 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. 978 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 Scope of Work 1. General Requirements/Background Information The Contractor shall provide Tire Repair and Replacement Service as outlined in this Scope of Work. 2. Scope of work A. Tire replacement for passenger tires shall include road hazard warranty. B. The Contractor will be required to have 4 working service trucks. C. The Contractor must maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. D. The Contractor shall properly dispose of tires according to current federal and state regulations (Environmental Fees included). E. The Contractor will follow all safety precautions during emergency vehicle roadside tire services. F. The Contractor shall provide roadside emergency and non—emergency tire services for Fire Trucks and Staff and Ambulance vehicles as needed. G. Tire replacement for Fire Trucks must be Michelin brand steer tires size 425/62R 22.5, 385/65R 22.5, 315/80R 22.5, 12R 22.5, and 11 R 22.5. H. The Contractor's Response Time: Fire Trucks, Ambulances, and Staff Units 1. Non-Emergency/Scheduled: 1 hour (Defined as listed at CCFD and not roadside) Monday through Friday, 7:00 AM to 5:00 PM. 2. Emergency: 1 hour (Defined as "roadside emergencies during normal hours stated above and all locations after hours, weekends and holidays). 3. Tire Repair A. Contractor shall repair tires in Group 2 and Group 3. B. Contractor will use tire patches and replace valve stems to repair tires. Page 1 of 3 4. Work Site and Conditions The work shall be performed at Contractors location within the city limits of Corpus Christi, TX, Nueces County. Staff vehicles will be taken to Contractor. Loose EMS vehicle wheels will be taken to Contractor and Fire units will be taken when possible. The Contractor will on occasion pick up wheels from shop and return them with new tires installed. 5. Special Instructions A. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site at time of completion and shall provide the following information: 1. Site location of the equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired 3. Make and model number of any replacement parts. B. Service to support the CCFD during emergency or disaster event. This shall require the Contractor to provide a service truck and mechanic with required parts and supplies to provide necessary tire repairs over an extended time. 6. Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). 7. Post Award Security Requirements A. The Contractor will comply with all Security requirements. Due to the nature of the Fire Department Warehouse Information, Contractor employees must have clear Criminal History backgrounds and this must be verified before each employee is cleared to work in the building. The Contractor will submit the name, address, social security number, height, weight, date of birth, copy of driver's license or picture ID of the Contractor and each employee hired for work on this Page 2 of 3 contract. A completed personal history statement and other forms may be required for security. If will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Fire department warehouse area. B. The Contractor will furnish an adequate number of employees to perform all work specified with the contract. Contractor's employees will conduct themselves in a proper and efficient manner always, and especially to maintain a business -like relationship with others. C. Contractor employees found to be working in any Fire Department Warehouse area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500 for each employee, per instance. Changes in personnel will be furnished to the Contract Administrator, in writing, prior to making such changes or before personnel begin working on the property. D. Pre -Performance Conference: Prior to commencing work under this contract, the Contractor will meet in a conference with the Contract Administrator to discuss and develop mutual understanding relative to the execution of this contract. A contract incorporating the provisions of these specifications will be provided by the City for execution by the successful Contractor. E. Performance Evaluation Meetings: The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator, but not less often than monthly. A mutual effort will be made to resolve all problems identified. Page 3 of 3 Dale: Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 978 Tire Repair & Replacement Services For the Corpus Christi Fire Department ���� Y 7,4 Authorized Bidder; Signature: PAGE 1 Of 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Prices for Tires to include tire balancing, mount and dismount, tire disposal, patches, valve stems. r7: �Ite n? rr .k" 2 .. tyr��i r y. l'4 Csct Il.�n'y84. 1 4 u � lc .u� +s�aetit�rs�: � .t�:�Y#- xe rr. a.+� Fb..�"Yt e UOl 0 �.c r ...� .i' ' ' 1Q y it r f•...c1 G r. ire t GT F A�r t 4 nitFt'rricg °.rA 7'� � �'src.� . _ ....•h. St: .X✓4. .l '}+ a y.74.. fr l�t �c��+ 3 .r £ r n 1 E `r,7 nt, fr t�-� , •K - 'T � 'tt �i i'.ii Z'f T'� ._i ; .r f vim. �` ROCU sfF 4F,I(y�til'R C.- S }nb P, �•-..rt .....� E..++a._. �}.�....... _.. Slc r: t-�:?'S.'., , 1 425/65R 22.5 - Michelin Tires Ea 6 57?. © o / P 00 2 385/65R 22.5 - Michelin Tires Ea — 6 6 3®. c 0 , 7,51-0 . ma 3 315/80R 22.5 XZA 2. Ea 20 50 . SS. o v . 4 12R 22.5 ,K2 E Ea ,<i0, 0 0 .7 do. O 0 5 11R 22.55,X-.24-o7Ea 4.:1 R $} A'-;,. j(• ..�.. F jli tlel+r'.`rtVj �rM PMet 11741: ,,f .-nns !c n. T �a i... � ., F-- . . . {,, 40 n 'r �l4 7 ' a0 " J7.0 i t TS, S Y its{�•5 7,i �,f ?� > ]x..`c�.._�??.>� a f� C ob h `,4,.,;`.73 Yt v,.' Agi;7iii^.. u4. A �d .F. .�rv:w,Hv.�.r .s a i! ,- . yy.. 6 225/70R 19.5 Tires aAc 6 Ea 12 2r3d0 ,p,,, ' et,. cno 7 245/75R 17 Tires ,+Q /--'G Ea 30 /80 , 0 o I,? 100 ki..% cf, o 1 yc '6, ee0 8 235/80R 17 Tires /0760.'G Ea .ea'eso, cD a 9 Tire Repair Ea 100 -7 9 ©c ,9e c o 0 ,, 'C R 11P" r Sf PP JNITS `! fi, r'r i , 10 265/70R 17 Tires Ea 24 .- d''5 0, 6a'cr. (1).`Q $11,000.00 _ 4,C! itailfAiiiItatil&f.Nil aniRMAIVOICOF .'11611-. ...r"IgiVitiYiteilVeCit 11 255/65R 17 Tires .120;,—C Ea 24 12 245/65R 17 Tires6 i se.J fe- Ea 8 13 265/75R 16 Tires ‘-'7.e.,". Ea Ea 2 4 ,,,,,eer ,,,7.0. cP0 Rec_C›<D 3 F r e. 6' 0 14 245/75R 16 Tires / 15 P235/70R 16 Tires4 ,4-6- Ea 8 p ,7 . t, 0 16 P215/60R 16 Tires e..." Ai i Ea 2 235/75R 15 Tires 4/4e.,„› ,,e Ea Ea 4 4 96-: cr. c, su 0 v3er.54: 00 ,e• 0 18 P225/70R 15 Tires.c.9fr--G"' 19 P215/60R 15 Tires "....) 1 Ea 42r-......‹, 0, 20 P195/60R 15 Tires 40‘.--6. Ea 4 "5-44, , rm. 0 4..? acP. (D0 21 235/50R 17 Tires ,.."-'77c- er-1 Ea 20 22 ",..:::34F1,f,*:. ' g:q.e4f=iae,1:laVkY,At:ZgWth-'7.S'a?617'tlit'k Tire Re.oir Ea 100 ,,-- ,-51..kvpip-ck, ,,,,...-,f447.,,4.4,,,.:,..,,,r.,,,,,,,i(,) ...„,2,,,,:n,pt,,A- :,,,..-,,-t,c.i. 1-V vrl'.: '-'''.', ...,-t P'x'•''zz:-) i--"IVAV -, .t-t.S.V,•-ZidiV2i, ''': i!liTtitliNgt_g, j 9 , / Prices for Roadside Service Ea 100 2 1 After hours Service Cali Ea 100 r 99,510.00 Attachment C: Insurance Requirement Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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 the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (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 AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part B of This Exhibit $500,000 / $500,000 / $500,000 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. B. Additional Requirements - 1. 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. 2. 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. 3. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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. Page 2 of 3 • 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Purchasing - Fire Dept. Tire Repair and Replacement Service 05/16/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirement Warranty A. The Contractor hereby warrants all Tires and Accessories as set in the contract and the individual manufacturer's warranty documents. The Contractor will respond, on-site for all warranty repairs within one hour following notice from Contract Administrator. B. All items shall be guaranteed for a minimum period of one year against defects in material and workmanship. C. Material and workmanship ethics shall be of the highest quality currently used in the maintenance of commercial fleet tires in accordance with the tire industry association (TIA). Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-250006 Date Filed: 08/15/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Beasley Tire Service- Houston Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 978 Tire Repair & Replacement Services 4 Name of Interested Party City,State, Country (place of business)(check Nature of Interest applicable) Controlling Intermediary Hatley, Michael Houston, TX United States X Beasley, Robert Houston, TX United States X Beasley Tire Service- Houston Inc. Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ - . 6 AFFIDAVIT AFFIX Sworn 203-1 I swear, or affirm, under penalty of perjury, that the . a above disclosure is true and correct. STACEY LYNN MITCHELL *►* NOTARY PUBLIC %" }e STATE OF TEXAS i 0 COMM. EXPIRES 07-21-2019ti 44 ( ��,r��� ' t M 1 , I f i % Cr t� f Signature of ^ it -. contracting 5 a business entity day of _1 .5LIJI" . 1-f t4G.+-` , this the NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said \ , to certify which, witness my hand and seal of office. &Q,1'10 i` Yf dT. .[ t � A/ ' t � Signaturee of icea� dministering 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 September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: TO: August 31, 2017 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, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement (TxDOT) Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements (Bond 2012, Proposition 8) CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with the City's required payment to TxDOT in the amount of $21,000 for reimbursement of direct state costs. (Bond 2012, Proposition 8) PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with TxDOT for the SEA District Pedestrian Improvements project. A payment of $21,000 is required to TxDOT for the direct state costs related to their oversight of environmental, right of way, engineering, utility, and construction of this project. BACKGROUND AND FINDINGS: The project was developed as a joint City/TxDOT project with a respective 20/80 construction cost sharing under Bond 2012 Prop 8. Bond 2014 Brochure Description: "SeaTown (a.k.a. S.E.A. District) Pedestrian Improvements This project is the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit, conducted in May 2012. It includes improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in this area." Project Description: The project includes construction of an accessible pedestrian route with new illumination for approximately 1,300 feet on Brewster and North Chaparral. The improvements on Brewster Street are from North Broadway Street to North Chaparral Street with the North Chaparral Street improvements from Brewster Street to Harbor Drive. The AFA outlines the terms and conditions that includes a construction cost of $1,200,000 with maximum cost participation from TxDOT set at $960,000 (80%) and City share of $240,000 (20%) plus reimbursement to TxDOT for state direct cost in the amount of $21,000. The City is also responsible for the design, bidding and construction award plus any construction costs that exceed the $1,200,000. The design for the project is nearing completion and is planned for bidding in November 2017 with construction starting by spring 2018. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $21,000.00 $21,000.00 TxDOT Projected Participation Total Budget Encumbered / Expended Amount This item (TxDOT) 21,000.00 21,000.00 Future Anticipated Expenditures This Project BALANCE 0.00 $0.00 Fund(s): Street CIP RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Advance Funding Agreement Presentation SHIP CHANN z 0 0 z o 0 o; PROJECT LOCATION a SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E12134 SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE SPORTS, ENTERTAINMENT, AND ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS PROJECT WITH CITY'S REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $21,000 FOR REIMBURSEMENT OF DIRECT STATE COSTS. (BOND 2012, PROPOSITION 8) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for the Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements project with the Texas Department of Transportation (TXDOT) with the City's required payment to TXDOT in the amount of $21,000 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. 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 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An Surface Transportation Program — Metro Mobility / Rehabilitation Project OFF SYSTEM THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as improvement in the SPORTS ENTERTAINMENT & ARTS District that includes constructing an accessible pedestrian route along Brewster Street from N. AFA-LPAFA_ShortGen.doc Page 1 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements to the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development Broadway Street to N. Chaparral Street and along N. Chaparral Street from Brewster Street to Harbor Drive. Pedestrian improvements include 5', 8', and 10' wide sidewalks varying across the project route, ADA accessible ramps where needed and lighting. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. The Local Government will cooperate fully with the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the Local Government as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local AFA-LPAFA_ShortGen.doc Page 2 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total AFA-LPAFA_ShortGen.doc Page 3 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFAr unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. AFA-LPAFA ShortGen.doc Page 4 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of Corpus Christi Attn: Executive Director Public Works P.O. Box 9277 Corpus Christi, TX 78469-9277 State: Director of Contract Services Texas Department of Transportation 125 E. 11 in Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. AFA-LPAFA_ShortGen.doc Page 5 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies ando'or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. AFA-LPAFA_ShortGen.doc Page 6 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address htto://ftp.dot.state.tx.us/pub/txdot-info/boo/dbe/mou/mou attachments.i df. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a materia! breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: htto://www.opo.00v/fdsys/oko/FR-2010-09-14/odf/2010-22705.pdf and htto://www.000.00v/fdsys/oko/FR-2010-09-14/odf/2010-22706.odf df B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: httos://www.sam.aov/portal/Dublic/SAM.' 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: AFA-LPAFA Shor1Gen.doc Page 7 0110 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDQT's Compliance Division at sinaleaudits0txdot.ciov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOTs Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway improvement Act 011982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act 011973. by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). AFA-LPAFA_ShortGen_doc Page 8 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment 8 Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA ShortGen.doc Page 9 of 10 Revised 10/18/2016 CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project. Pedestrian Improvements in the Sports Entertainment & Arts Distnct Federal Highway Administration CFDA Titre: Highway Construction and Planning CFDA No.:20 205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Valerie H. Gran. P.E. Typed or Printed Name Executive Director Public Works Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen doc Approved as to form: 2017,07.071132.29 Assistant City Attorney Page 10 of 10 Revised 10/18/2016 AFA-LPAFA_ShortGen.doc CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 Attachment A CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP BREWSTER. J. ROLA SL POWER SE. KR= Pe WIRCAN Wil[ 7CR READ ST, (ihtid.N s1 .IIS CORPUS CHRISTI BAY PROJECT LOCATION SPORTS SHTEEATAIMMERT &R1S DISTRICT PEDESTRIAN IMPROVEMENTS Q SUBJECT: LOCATION MAP lf:,�4.1i SPORTS ENTERTAINMENT&ARTS DISTRICT s PEDESTRIAN IMPROVEMENTS Traffic Enpineerinp dfice Street Operettas OWI Cn AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment B CSJ #0916-00-068 District # CRP 16 Code Chart 64 #09800 Project: Pedestrian Improvements in the Sports Entertainment & Arts District Federal Highway Administration CFDA Title: Highway Construction and Planning CFDA No.:20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs 'Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Engineering (by Local Government) '$120,000 0% $0 0% $0 100% $120,000 Construction (by Local Government) _ $1,200,000 80% $960,000 0% $0 20% $240,000 Subtotal $1,320,000 $960,000 $0 $360,000 Environmental Direct State Costs $3,000 0% $0 0% $0 100% $3,000 Right of Way Direct State Costs $3,000 0% $0 0% $0 100% $3,000 Engineering Direct State Costs $6,000 0% $0 0% $0 100% $6,000 Utility Direct State Costs $3,000 0% $0 0% _ $0 100% $3,000 Construction Direct State Costs $6,000 0% $0 0% $0 100% $6,000 Indirect State Costs $69,564 0% $0 100% $69,564 0% $0 TOTAL $1,410,564 $960,000 $69,564 $381,000 Initial payment by the Local Government to the State: $15,000 Payment by the Local Government to the State before construction: $6,000 Estimated total payment by the Local Government to the State $21,000.This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C Carpus Chr'sti Engineering Sports, Entertainment, and Arts (SEA) District Pedestrian Improvements BOND 2012, Proposition 8 Council Presentation September 12, 2017 Location Map Carpus Chr sti Engineering SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS CORPUS CHRISTI BAY TEXAS Axl UNIVERS, CORPUS CHRISTI N SCALE: N.T.S. CORPUS CHRISTI NAVAL AIR STATION 2 Vicinity Map Corpus Chr sti Engineering Harbor Dr SPORTS, ENTERTAINMENT and ARTS (SEA) DISTRICT PEDESTRIAN IMPROVEMENTS Hirsch E. Port Ave. Project Scope co) Corpus Chr sti Engineering This project provides improved pedestrian (mobility) access and safety connecting key destinations in the SEA Town District including the American Bank Center, Corpus Christi Science and History Museum, Harbor Playhouse, Asian Cultures Museum, Ortiz Center, Whataburger Field, Hurricane Alley, and Brewster Street Ice House. Work Includes : New sidewalks, crosswalks, ADA ramps with area illumination and associated landscaping V Brewster Street from North Broadway Street to Chaparral Street ✓ Chaparral Street from Brewster Street to Harbor Drive 4 1 Project Schedule co) Carpus Chr sti Engineering 2017 2018 OCT I NOV I DEC I JAN Bid FEB I MAR I APR I MAY I JUN I JUL Construction AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: August 23, 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, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Citywide Collection System Pipe Bursting Indefinite Delivery/Indefinite Quantity (ID/IQ) Part C (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a multi-year ID/IQ construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas in the amount of $2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one (1) year renewals to be approved administratively subject to availability of funding and satisfactory contractor performance. (Capital Improvement Program) (CI P) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for one (1) base year with administrative approval of the four (4) following years subject to conditions of funding and performance. BACKGROUND AND FINDINGS: This is part of the City's ongoing program to re -capitalize the aging sanitary sewer collection system and eliminate sanitary sewer overflows and infiltration. CIP Description: The citywide ID/IQ program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City. It is a key component of the life cycle program component to address collection system conveyance and manhole infrastructure requirements within the City. The program will identify, prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life, improve flows, improve water quality, reduce overflows and cave-ins and reduce long-term maintenance costs. Project Scope: This project will replace existing sanitary sewer lines 36 -inch and under throughout the City by pipe bursting under a multi-year ID/IQ construction contract. This contract compliments both the City's ongoing City Wide Collection System Replacement and Rehabilitation ID/IQ program and City's ongoing City Wide Collection System Pipe Bursting ID/IQ program. This pipe bursting contract provides additional resources and flexibility to improve implementation of program. Pipe bursting is a well-established trenchless method that is widely used for replacement of deteriorated pipes with new pipe of same or larger diameter. Pipe bursting is typically cost- effective if existing pipe is deep, below the ground water table (GWT), and existing pipe is undersized. Pipe bursting is an effective alternative to reduce disturbance to streets, businesses and residents verses open cut technique. This construction contract was developed as a multi-year ID/IQ with a base year plus four (4) optional years. The bid documents were developed based on estimated quantities within the annual funds of $2,000,000. The bidders were required to submit unit prices for each construction activity that will be used for subsequent delivery orders for the most cost effective solution. All work will be executed by individual delivery orders in accordance with plans, specifications, and contract documents prepared by the Engineer. On August 2, 2017, the City received proposals from four (4) bidders as follows: CONTRACTOR TOTAL BASE BID PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, Texas 7,972,305.00 National Power Rodding Corp. Austin, Texas 9,480,254.10 T Construction LLC Houston, Texas 10,210,865.00 CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas 11,752,220.00 Engineer's Opinion of Probable Construction Cost ($2,000,000 per year for five years) 10,000,000.00 The City's Engineer analyzed all four proposals submitted in accordance with contract documents and determined that the lowest responsive responsible bidder was IPR South Central, LLC. ALTERNATIVES: 1. Authorize the execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water 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) 2,450,000 2,450,000 Encumbered / Expended Amount This Item 2,000,000 2,000,000 Future Anticipated Expenditures This Project 403,500 403,500 BALANCE 46,500 46,500 Fund(s): Wastewater CIP #2 Comments: This project requires approximately 365 days for the base year. Construction contract will result in expenditure of an amount not to exceed $2,000,000 for the base year. RECOMMENDATION: City Staff recommends approval of a construction contract with PM Construction & Rehab, LLC dba IPR South Central, LLC, of Pasadena, Texas for the base year in the amount of $2,000,000 for Citywide Collection System Pipe Bursting ID/IQ Part C. This is a one (1) year base contract with four (4) optional one year renewals. The renewals will be administratively authorized by the City Manager, or designee, subject to availability of funding and satisfactory contractor performance. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation PROJECT BUDGET ESTIMATE City -Wide Collection System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ) Part C FUNDS AVAILABLE: Wastewater CIP $2,450,000 FUNDS REQUIRED: Construction 2,200,000 Construction (IPR South Central, LLC) THIS ITEM 2,000,000 Contingency (10%) 200,000 Construction Testing & Inspection Estimate. Construction Materials Testing Estimate 30,000 Construction Inspection Estimate 61,250 91,250 Reimbursements. 112,250 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 49,000 Engineering Services (Project Mgmt/Constr Mgmt) 61,250 Misc 2,000 TOTAL $2,403,500 ESTIMATED PROJECT BUDGET BALANCE $46,500 CITY-WIDE PROJECT SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: E17029 CITYWIDE COLLECTION SYSTEM PIPE BURSTING (IDIQ) PART C CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Citywide Collection System Pipe Bursting Indefinite Delivery/ Indefinite Quantity Part C Council Presentation September 12, 2017 Project Location Corpus Chr sti Engineering CITYWIDE COLLECTION SYSTEM PIPEBURSTING (IDIQ) PART C 2 Project Scope Corpus Chr'sti Engineering This project is part of the City's ongoing Program to re -capitalize the aging sanitary sewer collection system and to eliminate overflows and infiltration. Major activities include: • Multi -Year IDIQ with base year ($2M) plus 4 optional years • Rehabilitation / replacement of existing gravity collection lines • Rehab or replace manholes • Surface restoration for drill pits and manholes • Cleaning and televised inspection pipelines • Temporary traffic control measures 3 Project Scope Corpus Chr sti Engineering Rerkcetli."itr r' �[liati �n p:i Pipe Bursting Example , TaIlForrr. B►pes'. Biu iuq Fk La'4r,I co/uw• «eptiai Pit Pipe bursting is a trenchless technology used to replace deteriorated pipes with a new pipe of same or larger diameter. Pipe bursting is typically cost-effective for deep pipes and reduces disturbance to streets, business and residents verses open cut technique. 4 Project Schedule Carpus Chr sti Engineering 2017 2018 Jul Aug Sep Bid & Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Construction Project Construction Estimate: 365 Calendar Days = 1 Year Estimated Completion September 2018 This project is a multi-year Indefinite Delivery/Indefinite Quantity (ID/IQ) construction contract with a one-year base contract and four optional one-year renewal options. Corpus Chr'sti Engineering QUESTIONS Bid Summary CONTRACTOR PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, Texas National Power Rodding Corp. Austin, Texas T Construction LLC Houston, Texas CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas Engineer's Opinion of Probable Construction Cost ($2,000,000 per year for five years) Corpus Chr sti Engineering TOTAL BASE BID 7,972,305.00 9,480,254.10 10,210,865.00 11,752,220.00 10,000,000.00 The contract documents were developed as a one-year $2,000,000 base construction contract with the option to extend up to four (4) possible one-year renewals. Subsequent additional option years will be administratively authorized by the City Manager or designee based on available funding. 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: 2017-256104 Date Filed: 09/01/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PM Construction & Rehab, LLC dba IPR South Central, LLC Pasadena, 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. E17029 City Wide Collection System Pipebursting ID/IQ Part C 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Inland Pipe Rehabilitation, LLC Conyers, GA United States X 5 Check only if thscgiltf[Nhllor. steel Party s t HA014 '/,/ >,,E,,r,,.• ....� s 6 AFFlDAV rALt iA0r44s .1- I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,1z- "5/ A' r- . �•i • 7 '.!?.es w�` Signature of authorized agent of contracting business entity AFFIX NOTARY SP.04 SEAL ABOVE j Sworn to and subscribed before me, by the said © , this the l day of �ibt,e , 20 1-1 , to certify which, witness my hand and seal of office. 4. 40 kill 1 411+C VLC—S lilailAk kJ 0 e4CV-L Signature of office administering oath Printed name of officer administering oath Title of officer aninistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 UTILITIES Maintenance of Limes & Treatment 2726 1-1o11) Road Corpus Christi Texas 78415 Phone 361-826-1800 Fax 361-826-1889 nn n.cc!CXas.COM Gas 4225 S. Port Ave. Corpus Christi Teas 78415 Phone 361-885-6900 Fax 361-853-3200 %%an,Celexaw.COM August 24, 2017 J.H. Edmonds, P.E. Director of Capital Programs Corpus Christi, TX 78469-9277 RE: City -Wide Wastewater Collection System Pipe Bursting ID/IQ - Part C Project No. E17029 Construction Contract Award Recommendation Dear Mr. Edmonds: On Wednesday, August 02, 2017, four (4) bids were received and opened for the above referenced project. The three lowest bidders have successfully submitted documents pertaining to Section 00 45 16 Statement of Experience. The bidders list with their Total Base Bid is given below: Contractors Total Base Bid PM Construction & Rehab, LLC dba IPR South Central LLC $7,972,305.00 National Power Rodding Corp. T Construction LLC CPC Interests, LLC Dba Clark Pipeline Services $9,480,254.10 $10,210,865.00 $11,752,220.00 The apparent low bidder based on the Total Base Bid is PM Construction & Rehab, LLC dba IPR South Central LLC. The Utilities Department has reviewed the information required in Section 00 45 16, Statement of Experience of the contract documents that was submitted by PM Construction & Rehab, LLC dba IPR South Central LLC and found no anomalies. In addition to the requirements of Section 00 45 16, PM Construction & Rehab, LLC dba IPR South Central LLC submitted information related to personnel for this contract, El 5089, El 5209 & El 6255 in which they've identified separate personnel and superintendents for each contract which should eliminate construction delays. The information is enclosed for your review. The Utilities Department has analyzed the proposals and documents submitted and has determined that the low bidder meets the specified requirements. The Utilities Department recommends that the project be awarded to PM Construction & Rehab, LLC dba IPR South Central LLC in the amount of $2,000,000 for the base 1 -year contract for the City -Wide Wastewater Collection System Pipe Bursting ID/IQ - Part C. Also enclosed is the project bid tabulation and PM Construction & Rehab, LLC dba IPR South Central LLC's bid proposal for this project. If you have any questions or need additional information, please contact me at 361-826-3063. UTIIJTIES Maintenance of Lines & Treatment 2726 1-1011) Road Corpus Chri,ti Lexus 78415 Phone 361-826-1800 Pax 361-826-1889 44 4444_cctexa*. corn Gas 4225 S. fort A%c Corpus Christi .texas 78415 Phone 361-885-6900 Fax 361-853-:;200 na.44.cctcxa, Lom Sin erel Preeti S estha, P.E. Engineer I V Utilities Department City of Corpus Christi Attachments: 1. Section 00 45 16 Statement of Experience 2. Bid Tabulation 3. PM Construction & Rehab, LLC dba IPR South Central LLC Bid Proposal Cc: Melanie Gavlik, P.E., Sylvia Arriaga AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 12, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive 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 Preventative and Emergency Maintenance for Various Lift Stations for Wastewater Division CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with ADK Environmental, Inc., of Odem, Texas for preventative and emergency maintenance for various lift stations for Wastewater Division in response to Request for Bid No. 1247 based on the lowest responsive, responsible bid for a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a service agreement for preventative and emergency maintenance for various lift stations for Wastewater Division. BACKGROUND AND FINDINGS: The City's Wastewater Division maintains approximately 101 lift stations at various locations throughout the city. Lift stations are used to pump waste up to the city main line and on to the treatment plant. As solid materials enter the lift station, buildup will occur on the bottom of the well and in other components within the station. Regular maintenance of the lift stations to remove grease and debris is necessary to increase the life of wastewater pumps and keep the lift station from overflowing. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, ADK Environmental, Inc. 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: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $123,921.91 $158,362.50 $282,284.41 Encumbered / Expended Amount $80,645.12 $0.00 $80,645.12 This item $0.00 $158,362.50 $158,362.50 BALANCE $43,276.79 $0.00 $43,276.79 Fund(s): Wastewater Comments: The initial contract term total is a total amount not to exceed $158,362.50, and budgeted in FY2017-18. The total estimated contract value will be $475,087.50 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI Purchasing Division Buyer: Cynthia Perez BID TABULATION RFB # 1247 Preventative & Emergency Maintenance for Various Lift Stations ADK Environmental Odem, TX Shoreline Plumbing Corpus Christi, TX Tuff Environmental Odem, TX Video Pipeline Corpus Christi, TX Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price ITEM DESCRIPTION QTY. UNIT 1 Parts/Materials Markup $2,000 EA 15% $2,300.00 15% $2,300.00 25% $2,500.00 $0.00 $0.00 2 Labor/Normal Hours M -F 8:OOam-5:OOPM 725 HRS $147.50 $106,937.50 $185.00 $134,125.00 $490.00 $355,250.00 $300.00 $217,500.00 3 Labor/ After Hours M -F 5:OOPM - 8:OOAM 300 HRS $163.75 $49,125.00 $220.00 $66,000.00 $600.00 $180,000.00 $400.00 $120,000.00 TOTAL: $158,362.50 $202,425.00 $537,750.00 $337,500.00 SERVICE AGREEMENT NO. 1247 Preventative & Emergency Maintenance for Various Lift Stations THIS Preventative & Emergency Maintenance for Various Lift Stations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and ADK Environmental, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Preventative & Emergency Maintenance for Various Lift Stations in response to Request for Bid/Proposal No. 1247 ("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 Preventative & Emergency Maintenance for Various Lift Stations ("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 $158,362.50, 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Fax: (361) 826-1715 IF TO CONTRACTOR: ADK Environmental, Inc. Attn: Sharon Kastner Title: President Address: 16434 FM 630, Odem, TX 78370 Fax: (361) 364-2542 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 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: Qhfrk_Utgu\ Printed Name: g nA R154 kTJP Title: 198ES/ be.gr Date: j /2_3411 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. 1247 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 1.1 Attachment A - Scope of Work General Requirements/Background Information The Contractor shall provide preventative maintenance on a monthly and quarterly basis and emergency service, as needed, as outlined in this Scope of Work at approximately 101 lift stations located throughout the City. 1.2 Scope of work A. PREVENTATIVE MAINTENANCE a. The Contractor shall remove floating debris from the surface of lift station wet wells, and haul waste to the Greenwood Wastewater Treatment Plant drying beds. b. The Contractor shall be able to provide preventative maintenance service between the hours of 8;00 a.m. and 5:00 p.m., Monday through Friday, excluding City holidays. c. The Contractor shall conduct preventative maintenance at 2 lift stations each month, and 45 lift stations quarterly. The remaining lift stations will be serviced on an as needed basis. These lift stations are marked "quarterly," "monthly" and "as needed" on Section 4.3 - Work Site. These lift stations may also require "emergency service" on an as needed basis. Additionally, the City reserves the right to add/remove/change lift stations on the preventative maintenance, emergency schedule and as needed schedule. d. The Contractor shall supply a 50 -foot flexible hose. e. The Contractor shall be equipped with a vactor truck capable of extracting both solids and liquids. f. The City will provide a schedule for monthly/quarterly preventative maintenance service. B. EMERGENCY SERVICE a. The Contractor shall remove floating debris from the surface of lift station wet wells, and haul waste to Greenwood Waste Water Treatment Plant drying beds. b. The Contractor shall remove all liquid from wet wells. "Clean" liquids will be hauled and disposed at a designated man hole. Fat soils and grease will be hauled to the Greenwood Wastewater Treatment Plant drying bed. c. The Contractor shall be able to provide emergency service twenty-four (24) hours a day, three hundred and sixty-five (365) days per year, including holidays, on an as needed basis. d. The Contractor shall conduct emergency service, on an as -needed basis, for all lift stations in Section 4.3 - Work Site. RFB Template Revised 04.28.17 e. The Contractor will receive work order requests via phone and return phone request within thirty (30) minutes of a call being placed by the Utilities Department. f. The Contractor shall be on site within two (2) hours of receipt of work order request. The City reserves the right to determine when a job is considered an emergency. The City reserves the right to use another contractor if the Contractor response times are non-compliant. g. If the Contractor does not respond by phone within thirty (30) minutes, or does not report to the site within two (2) hours of receipt of work order request, or not does not have sufficient resources, i.e. labor, equipment, the City reserves the right to use another contractor. h. The Contractor shall supply a 50 -foot flexible hose. i. The Contractor shall be equipped with a vactor truck capable of extracting both solids and liquids. C. Service requests via phone are to be accepted by the following authorized personnel: a. Work Coordinator b. Planner/Scheduler c. Utilities Systems Manager D. Upon completion of service, the Contractor shall provide a service ticket to on- site personnel, which lists the following: a. Site location b. Date c. Description of the service work performed d. Start and end time, and total hours e. Signature of City representative 1.3 Work Site and Conditions The work shall be performed at the following locations: Lift Station # Lift Station Name Address Frequency 1 Arcadia 2221 S. Staples St. Monthly 2 Port/ Pearse Port/Pearse Monthly 3 Up River Road 12300 Up River Rd. Quarterly 4 Nueces Acres 11501 Haven Dr. Quarterly 5 Allison WWTP 4101 Allison Dr. Quarterly 6 Solar Estates 9201 Moonlight St. Quarterly 7 Clarkwood North 2001 Clarkwood Rd. Quarterly RFB Template Revised 04.28.17 8 Stillwell 8100 Stillwell Lane Quarterly 9 De Dietrich 150 McKenzie Rd. Quarterly 10 Northwest Crossing 1921 Oregon Trail Quarterly 11 Clarkwood South 1025 Clarkwood Rd. Quarterly 12 Lakes Northwest 3614 Perfection Lake Quarterly 13 Highway Nine 6724 Leopard St. Quarterly 14 Airport International Airport Quarterly 15 McBride 1200 McBride Lane Quarterly 16 Greenwood WWTP 6541 Greenwood Dr. Quarterly 17 Sacky 3200 Sacky St. Quarterly 18 Kostoryz 6261 Kostoryz Rd. Quarterly 19 Resaca 945 Resaca St. Quarterly 20 Morgan 810 N. Brownlee Blvd. Quarterly 21 Wooldridge II 8001 Wooldridge Rd. Quarterly 22 Everhart/Staples 780 Everhart Rd. Quarterly 23 Schanen 6102 Del Starr Dr. Quarterly 24 Webers Glen 4051 Aaron Quarterly 25 Country Club 6300 Everhart Rd. Quarterly 26 Station 5 6528 S. Staples Quarterly 27 Buckingham 7101 S. Staples Quarterly 28 Cimarron 7401 Cimarron Quarterly 29 Airline 3302 Airline Quarterly 30 Wooldridge 6610 Wooldridge Rd. Quarterly 31 Williams 6602 Williams Dr. Quarterly 32 Oso WWTP #1 501 Nile Rd. Quarterly 33 Oso WWTP #2 501 Nile Rd. Quarterly 34 Perry Place Thompson Rd. Quarterly 35 Sugar Tree 8050 S.P.I.D. Quarterly 36 Turtle Cove 9547 Blue Jay St. Quarterly 37 Flour Bluff 2326 Flour Bluff Dr. Quarterly 38 Waldron 610 Blossum Quarterly 39 Military & Jester 722 Jester St. Quarterly 40 Laguna Madre WWTP 201 Jester St. Quarterly 41 Laguna Shores 2902 Laguna Shores Rd. Quarterly 42 Whitecap WWTP 13409 Whitecap Blvd. Quarterly 43 Padre Island Section 4 142012 Whitecap Blvd. Quarterly 44 Lake Padre South 14501 Whitecap Blvd. Quarterly 45 Leeward 14865 Running light Dr. Quarterly 46 Wood River 4601 Spring Creek Dr. Quarterly 47 Sharpsburg 4412 Sharpsburg Rd. Quarterly 48 River Canyon 13842 River Ridge Dr. As needed 49 Cynthia 5210 Cynthia St. As needed 50 Ramos 4810 Ramos As needed 51 Highway 77 3386 County Road 52 As needed 52 Levi County Jail 745 N.P.I.D. As needed RFB Template Revised 04.28.17 53 Coastal Meadows 6868 Old Brownsville Rd. As needed 54 Trojan 1901 Trojan Ave. As needed 55 Lexington 5233 Lear St. As needed 56 Rose Acres 2946 FM 763 As needed 57 Charlie's Place 5505 McBride Ln. As needed 58 Nueces Bay 2100 Nueces Bay Blvd. As needed 59 Rincon North "B" Rincon Ind. West of H.W. 181 As needed 60 Rincon North "A" Rincon Ind. West of H.W. 181 As needed 61 North Beach "E" 702 Enchanted Harbor As needed 62 North Beach "B" 3002 Timon Blvd. As needed 63 North Beach "C" 3818 Surfside As needed 64 North Beach "D" 4320 Timon Blvd. As needed 65 Brownlee 400 12th Street As needed 66 Studebaker 300 Kinney Ave. As needed 67 Peoples "T" Head Peoples St. "T" Head As needed 68 Lawrence "T" Head 400 S. Shoreline Blvd. As needed 69 Coopers Alley "L" Head 200 S. Shoreline Blvd. As needed 70 Magee Beach 500 S. Shoreline Blvd. As needed 71 Cole Park 1500 Ocean Drive As needed 72 Bay Drive 7845 Bay Dr. As needed 73 Oleander 2900 Ocean Dr. As needed 74 Starry 7701 Starry Lane As needed 75 The Lakes 7335 Everhart Rd. As needed 76 Kings Crossing 8401 Cimarron As needed 77 TAMU-CC 6300 Ocean Dr. As needed 78 Pelican Bay 1418 Ennis Joslin As needed 79 Greenfields by the Bay 7310 Canadian Dr. As needed 80 Anchor Harbor 8102 S.P.I.D. As needed 81 Jamaica 2092 Jamaica As needed 82 Wal-Mart 9441 S.P.I.D. As needed 83 Rhetta Place 2442 Vialoux As needed 84 Purdue 630 Purdue As needed 85 Gateway Park 1 143 Laguna Shores As needed 86 Riviera 138 Riviera As needed 87 Rex 4046 Whitely As needed 88 Kennedy Causeway 13301 S.P.I.D. As needed 89 Seahorse 14300 Dorsel St. As needed 90 Swordfish 14500 Swordfish St. As needed 91 Jackfish 14124 Jackfish St. As needed 92 Verdemar 14501 Verdemar St. As needed 93 Park Road 53 1 1 125 Park Road 53 As needed 94 Tesoro 13618 Port Royal Ct. As needed 95 Aquarius 15000 Aquarius St. As needed 96 Cumana 15600 Cumana St. As needed 97 Coquina Bay 13921 Sea Pines Blvd. As needed RFB Template Revised 04.28.17 98 Sea Pines 14192 Sea Pines Blvd. As needed 99 Gypsy 15601 Gypsy St. As needed 100 JFK Causeway II 13317 S.P.I.D. As needed 101 West Point Crossing 5605 Old Brownsville Rd. As needed 1.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1. PO# 2. Date of Service 3. Lift Station #, Name, and Address (as listed on SOW) 4. Description of Service 5. Total hours billed, itemized by hourly rate, i.e. normal hours' rate, after-hours rate 6. Copy of service ticket (outlined in 4.2 (D) 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. RFB Template Revised 04.28.17 Attachment B - Bid/Pricing Schedule Date: 8/01/2017 CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1247 Preventative & Emergency Maintenance for Various Lift Stations Bidder: ADK Environmental, Inc. Authorized Signature: PAGE 1 OF 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid sheet. Bidders will be considered Non - Responsive if the bid sheet is modified. item Parts/Mcriertals tDescription IQ, Estimated - Total Price - _____JjJnit Markup - L1 I-Parts/Materials Markup * $2,000 % 15 2,300.00__ __LEA Labor— Pr9ventafive Mbintenance and rneigency unie ' Pike Wei Price Labor/ Normal Hours M -F 8:00am - 5:00, HRS 725 $ 147.50 $ 106,937.50 Labor/ After Hours 5:OOpm -8:OOam, to include holida s HRS 300 $ 163.75 $ 49,125.00 Total *Total Price Price will be $2,000 plus markup. **$158,362.50 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 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/Complete 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 RFB Template Revised 04.28.17 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 RFB Template Revised 04.28.17 • 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 Utilities - Various Lift Stations Preventative Maintenance and Emergency Service 05/05/2017 sw Risk Management RFB Template Revised 04.28.17 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements No warranty requirements necessary for this service agreement; 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: 2017-247072 Date Filed: 08/08/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ADK Environmental, Inc. Odem, 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 identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB No. 1247 Preventative & Emergency Maintenance for Various Lift Stations 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. A ,.(1,,„Ak I ' ()LYNDA FL PEREZ • • MY RES kWh 11,2019 1..... Sign ture of authorized agent of contracting business entity , this the S day of A 1,4( It AST- AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 1 '7 , to certify which, witness my hand gLy,,DA 4.-Rizzz and seal of office. 4L.yo.JCA ki. .R.:: ft& Z. i (I on fzi 11-1111'dk /LU F Sig ature of officer admi e in oath Printed name of officer administering oath Title of officer administering oath Forms provided bv Texas Fthinc rni-rirnicei-•• . . . Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: August 30, 2017 TO: Margie C. Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Dan Grimsbo, Executive Director of Water Utilities dans@cctexas.com (361) 826-1718 Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS) CAPTION: Motion authorizing the City Manager or designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Survey (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of stream flows for rivers associated with the City's reservoirs, with the City's cost to be $157,060. This Contract runs from October 1, 2017 to September 30, 2018. PURPOSE: To continue the use of automated river gauging stations to gather and maintain accurate records of stream flows and automated water quality monitors for rivers associated with the City's reservoirs and the water treatment plant. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to quantify and qualify recorded discharges of all inflows and releases in the water reservoir system as well as to properly manage the health and biology of the reservoir system using Water Quality monitors. To better manage the treatment of water at the O. N. Stevens Water Treatment plant, the gathering of real-time water quality data from the Nueces River prior to the intake pumps is critical. In addition, the streamflow gauges are the primary system used by the City's Dam operations which tracks water levels in and out of the City's reservoirs and gives operators essential data to ensure Dam safety and also provides a means of early flood warning. The contract period is October 1, 2017 through September 30, 2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Department 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 $0 $160,000 Encumbered / Expended Amount This item $0 $157,060 BALANCE $0 $2,940 Fund(s): Water Fund 4010 Comments: Total cost will be split between the organizations Wesley Seale Dam and Choke Canyon Dam respectively. RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement United States Department of the Interior Esteban Ramos Water Resources Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Ramos, U.S. GEOLOGICAL SURVEY Texas Water Science Center 1505 Ferguson Lane Austin, TX 78754 August 22, 2017 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Texas Water Science Center Water Resources Investigations, during the period October 1, 2017 through September 30, 2018 in the amount of S 157,060 cash from your agency. U.S. Geological Survey contributions for this agreement are $28,950 for a combined total of $186,010. Please sign and return one fully -executed original to Beau Griffin at the address above. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by October 1, 2017. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Kandis Becher at phone number (682) 316-5051 or email at kkbecher@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Enc.: 18 CMTX029000000(2) Sincerely, Meghan R? el Acting Director Form 9-1366 (April 2015) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Agreement#: 18C MTX029000000 Customer#: 6000000486 Project #: S1009ME TIN #: 74-6000574 USGS DUNS #r 128821266 Fixed Cost Agreement YES' X ] NO[ 1 THIS AGREEMENT is entered into as of the October 1, 2017, by the U.S. GEOLOGICAL SURVEY, Texas Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b, 2. The following amounts shall be contributed to cover alt of the cost of the necessary field and analytical work directly related to this program, 2(b) include In -Kind -Services in the amount of $0.00 (a) $28,950 by the party of the first part during the period October 1, 2017 to September 30, 2018 (b) $157,060 by the party of the second part during the period October 1, 2017 to September 30, 2018 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of : $46,350 Description of the USGS regional/national program: Federal Priority Streamgaging Funding (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717: Comptroller General File B-212222, August 23, 1983.). Form 9-1366 (April 2015) Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource investigations USGS Technical Point of Contact Douglas Schnoebelen Supervisory Hydrologist (STPQ Chief) 5563 DeZavala Road Suite 290 San Antonio, TX 78249 (210) 691-9262 (210) 691-9270 dschnoebelen@usgs.gov USGS Billing Point of Contact Kandis Becher Budget Analyst 501 W. Felix Street Bldg 24 Fort Worth, TX 76115 (682) 316-5051 (682) 316-5022 kkbecher@usgs.gov U.S. Geological Survey United States Department of Interior Si nature By =��r Name: Megan Roussel Title: Acting Director Date: Aug 22, 2017 Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: Agreement#: 18C M TX0290 04000 Customer#: 6000000486 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Esteban Ramos Water Resources Manager 1201 Leopard Street Corpus Christi, TX 78401 (361)826-3294 estebanr@cctexas.gov Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415 (361) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christi Signatures By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: STATION NUMBER 001: SURFACE WATER City of Corpus Christi 18CMTX029000000 DESCRIPTION USG$ COOP TOTAL FUNDS FUNDS FUNDS 08194000 Nueces River at Cotuila. TX Full Range Streamflow Station 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 08205500 Frio River near Derby, TX Full Range Streamflow Station 08206600 Frio River at Tilden, TX Full Range Streamflow Station 08206900 Choke Canyon Reservoir nr Three Rivers, TX Reservoir Contents 08206910 Choke Canyon Res, outflow nr Three Rivers, TX Q below Base and Continous Stages $4,580.00 $10,870.00 $15,450 $4,580.00 $10,870.00 $15,450 $4,580.00 $10,870.00 $15,450 $4,580.00 510.870.00 $15,450 $2,465.00 $5,215.00 $7,680 $2,850.00 $7,350.00 $10,200 08210000 Nueces River near Three Rivers, TX Full Range Streamflow Station $0.00 50.00 $0 Funded by the Federal Priority Streamgaging Program 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 52,465.00 $5,215.00 $7,680 08211000 Nueces River near Mathis, TX Full Range Streamflow Station $0,00 $0.00 $0 Funded by the Federal Priority Streamgaging Program 08211200 Nueces River above Bluntzer, TX Q below Base and Continous Stages $2,850.00 $7,350.00 $10,200 08211500 Nueces River at Calalien, TX Full Range Streamflow Station $0.00 50.00 50 Funded by the Federal Priority Streamgaging Program 08211502 Nueces Rv nr Odem, TX Q below Base with AVM and Continuous Stage $0.00 $13,050.00 $13,050 SURFACE WATER TOTAL: $28,950 $81,660 5110,610 003:WATER QUALITY 08211200 Nueces Rv at Bluntzer, Tx Temp., Cond., pH, Diss. Oxy., Turbidity Monitor (5 -Parra) 08211503 Rincon Bayou Channel near Calallen, TX Temp. and Cond. Monitor (2 -Farm) 08211502 Nueces Rv nr Odem, TX Temp. and Cond. Monitor (2 -Perm) WATER -QUALITY TOTAL: $0 $43,000 $43,000 $0 $43,000 $43,000 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $16,200 $16,200 $0 $75,400 $75,400 PROJECT SURFACE WATER: 00170 USGS COOP TOTAL FUNDS FUNDS FUNDS $28,950 $81,660 8110,610 WATER QUALITY: 00370 $0 $75,400 575,400 TOTAL 528,950 $157,060 5186,010 USGS Contributions USGS Cooperative Matching Funds USGS Federal Priority Streamgage Funding $28,950 $46,350 Total USGS Contribution $75,304 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: September 1, 2017 TO: Margie C. Rose, MPA, 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 Approving funds subject to reimbursement for services provided by Texas A&M Health Science Center (Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD). Nueces County to reimburse full amount of paid funds per interlocal agreement. CAPTION: Motion approving up to but not to exceed $250,000.00 to pay for services provided by Texas A&M Health Science Center (Coastal Bend Health Education Center) [CBHEC] utilizing Diabetes Care Team for the Corpus Christi-Nueces County Public Health District (CCNCPHD) for the City contract period that ended May 2, 2017 and invoices between the City contract and the County contract that begins in August 1, 2017. Nueces County to reimburse full amount of paid funds per interlocal agreement. PURPOSE: To pay outstanding invoices billed by the Coastal Bend Health Education Center [CBHEC] Corpus Christi Texas, Diabetes Care Team for providing services that assisted the CCNCPHD in meeting its 1115 Waiver Program yearly metrics. BACKGROUND AND FINDINGS: CBHEC was awarded a contract through the process of RFP BI -0020-14 in May of 2014. CBHEC provided diabetes classes for the CCNCPHD 1115 Waiver Program from FY15-17. Because of the exceptional service that the CCNCPHD provided, all the program metric requirements were satisfied so that the CCNCPHD received full funding in the amount of $1.7M from the Health and Human Services, and was awarded another 3 years of funding. For the CCNCPHD to continue to meet program metrics, CBHEC has continued to provide services under the original City contract with CBHEC under a month to month provision in the contract. Therefore, the CCNCPHD requests the City Council to approve the payment of invoices due to CBHEC in an amount up to but not exceeding $250,000 so that the CCNCPHD can meet its program metric requirements under the current month -to month City contract with CBHEC, until the CCNCPHD can put in place a new contract between CBHEC and Nueces County to continue services for the CCNPHD. ALTERNATIVES: These are County pass through funds. If payment of funds is not approved, services under the CCNCPHD County program will be negatively affected. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This agreement conforms to the purchasing process requirements of the City -County Health District interlocal agreement. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2017 Project to Date Expenditures (CIP only) FY 2016-2017 Current Year TOTALS Line Item Budget — Original Estimate Approved by Council $ 840,000 $ 840,000 Expended Amount (Nueces County Funds) (852,320) (852,320) Outstanding Invoices to be Paid (193,760) (193,760) This item 250,000 250,000 BALANCE $ 43,920 $ 43,920 Fund(s): Medicaid 1115 waiver funds Comments: None RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: N/A AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 12, 2017 Second Reading for the City Council Meeting of September 19, 2017 DATE: August 16, 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 for Property at 325 North Staples Street CAPTION: Case No. 0717-04 J R Electric Company: A change of zoning from the "IL" Light Industrial District to "CI" Intensive Commercial District. The property is described as Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. PURPOSE: The purpose of this item is to rezone the property to allow for the enclosure of a 1,848 square foot building. RECOMMENDATION: Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CI" Intensive Commercial District. Vote Results: For: 4 Against: 1 Absent: 4 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to "CI" Intensive Commercial District to allow for the enclosure of a 1,848 square foot building. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Central Business Area Development Plan. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Central Business Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CI" Intensive Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Central Business 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 J R Electric Company ("Owner"), by changing the UDC Zoning Map in reference to the property described as Bluff, Block B, Lot 6, from the "IL" Light Industrial District to "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of J R Electric 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, August 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to "Cl" Intensive Commercial District, and on Tuesday, September 12, 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 J R Electric 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 Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street (the "Property"), from the "IL" Light Industrial District to "Cl" Intensive Commercial District (Zoning Map No. 046044), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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\0717-04 J R Electric Company\Council Documents\Ordinance_0717-04_J R Electric Company.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\0717-04 J R Electric Company\Council Documents\Ordinance_0717-04_J R Electric Company.docx Page 3 of 3 CI HOWARD ST SAM RANKIN ST SUBJECT PROPERTY RM -3 IL W Z 6ACDW EL ST N STAPLES ST L'IPAN ST CI CI CI CI COMANCHE ST CG -2 CI Date Created: 7/24/2017 �P-repared18y:JoannaS Department of Development, Services CASE: 0717-04 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home JI CHANNEL SUBJECT PROPERTY LEOPARD( 1�=tee ." 446 LOCATION MAP City of Corpus Christi Exhibit A Zoning Case #0717-04 J R Electric Company From: "IL" Light Industrial District To: "CI" Intensive Commercial District City Council Presentation September 12, 2017 Aerial Overview Subject Property at 325 North Staples Street —SUB ' "P.ROP�RTYe ; • 4 fid. OMANCHE N Zoning Pattern 7.4.= g011:, UDC Requirements -SUBtithaT" P.ROPE Buffer Yards: None Setbacks: Street: 0 feet Side: 0 feet Rear: 0 feet Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments, Vehicle Sales, and Storage Staff Recommendation Approval of the "CI" Intensive Commercial District PLANNING COMMISSION FINAL REPORT Case No. 0717-04 INFOR No. 17ZN1025 Planning Commission Hearing Date: August 9, 2017 Applicant & Legal Description Owner: J R Electric Company Applicant: Luciano Leal Jr. Location Address: 325 North Staples Street Legal Description: Bluff, Block B, Lot 6, located at the intersection of North Staples Street and Comanche Street on the southwest corner, south of Lipan Street, and north of Caldwell Street. Zoning Request From: "IL" Light Industrial District To: "Cl" Intensive Commercial District Area: 0.17 acres Purpose of Request: To allow for the enclosure of a 1,848 square foot building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Mixed Use North "IL" Light Industrial Public/Semi-Public Mixed Use South "IL" Light Industrial Commercial and Medium Density Residential Mixed Use East "IL" Light Industrial and "CI" Intensive Commercial Professional Office and Commercial Mixed Use West "IL" Light Industrial and "RM -3 Multifamily Public/Semi-Public Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Central Business Area Development Plan and is planned for mixed uses. The proposed rezoning to the "Cl" Intensive Commercial District is consistent with the adopted Future Land Use Map which calls for mixed uses. Map No.: 046044 Zoning Violations: An investigation by Code Enforcement was started on the property concerning the encroaching building constructed around 2012. No formal citation has been issued. Transportation Transportation and Circulation: The subject property has approximately 50 feet of street frontage along North Staples Street, and approximately 145 feet along Comanche Street. Staples Street is designated as an "Al" Minor Arterial Undivided Street and Comanche Street is a "01" Minor Residential Collector Street. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume North Staples95' Street Al Minor Arterial ROW 64' paved 71' ROW 55' paved N/A Comanche60' Street C1 Minor Collector ROW 40' paved 58' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District to allow for the enclosure of a 1,848 square foot building. Development Plan: The subject property is 0.17 acres in size. The applicant proposes to enclose an existing carport. The structure is on the property line and the "IL" Light Industrial District does not permit zero lot line standards. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial and consists of an electrical service business which is a retail/service oriented use. All adjacent properties and those across streets are all zoned "IL" Light Industrial District. The Central Catholic Elementary School is to the north of the property. To the west is a vacant lot and to the east across North Staples Street is a restaurant use. South of the subject property is a medium density residential use. 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 Central Business Area Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial is consistent with the Future Land Use Map and consistent with the following policies of the Central Business ADP and PIanCC: • 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). • With exception to the industrial use areas permitted and depicted on the Central Business Future Land Use map, new industrial uses and outside storage uses shall be discouraged within the Plan Boundary, and existing industrial zoning or land use changes to another or expanded industrial use shall be discouraged. (Policy LU 1.4). Staff Report Page 3 Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC and the Central Business Area Development Plan (ADP). 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. • Mr. Leal would like to enclose an existing non -conforming carport for security purposes as he has had many burglaries. The "Cl" Intensive Commercial District would allow zero lot line setbacks and facilitate the improvement of his building. • The rezoning to the "Cl" Intensive Commercial District is an opportunity to start the redevelopment of the area away from industrial uses and implement the land use policies of PIanCC and the Central Business ADP. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "Cl" Intensive Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 4 Abstained: 0 Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 3 outside notification area As of August 4, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-04 J R Electric Company\PC Documents\Staff Report_0717-04_J R Electric Company.docx CI SAM RANKIN ST SUIBJECT 1 PROPERTY 1 RM -3 17 N STAPLES ST 10 !??/// 5 9 4 1 ,1,,i.1.____ 8 , 3 IL 0 L'IPAN ST 7 16 12 2 6 CI CI CI CI COMANCHE ST 13 15 1- 0 HOWARD ST CA DW ELIC CI Date Created: 7/24/2017 �P-repared18y:JoannaS Department of Development, Services CASE: 0717-04 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 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home CHANNEL S BJECT � PROPERTY LEOPARD AGNES MORGAN N f I Subject Property O Owners with 200' buffer in favor O -44O 4 Owners within 200' listed on V Owners attached ownership table IV in opposition LOCATION MAP't AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 12, 2017 Second Reading for the City Council Meeting of September 19, 2017 DATE: August 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 Ordinance adopting the 2017 National Electrical Code CAPTION: Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14-1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. PURPOSE: The purpose of this item is to align with the Texas Department of Licensing and Regulation implementation of the 2017 National Electrical Code, effective September 1, 2017 and to comply with HB 3329 which prohibits municipalities from collecting registration or electrical permit fees from state licensed electricians. BACKGROUND AND FINDINGS: The Texas Electrical Safety and Licensing Act requires the Texas Department of Licensing and Regulation (TDLR) to adopt the revised National Electrical Code (NEC) as the electrical code for the state of Texas. In 2017, TDLR will be adopting the 2017 NEC as the electrical code for the state of Texas and establish it as the "minimum standard" for all electrical work in Texas covered by the Act. The proposed effective date will be September 1, 2017. HB 3329 amends Section 1305.201 of the TX Occupations Code by prohibiting cities from collecting fees from electricians for local registration. Electricians are required to be licensed by the State and the purpose of this bill is to eliminate duplicative registration and licensing fees. Cities may still require a local registration, but may not require a fee. The General Counsel for the Texas Municipal League has issued a statement that clarifies that this bill does not prohibit fees for building permits for electrical work. The department has conducted outreach and educational training for City registered electricians at Del Mar College on August 23rd, 2017. The adoption of the 2017 National Electrical Code and proposed local amendments were provided to the City Electrical Advisory Board on July 13th, 2017. Electrical registration and permit fees will be waived beginning September 1st, 2017 until such time as this ordinance takes effect. ALTERNATIVES: Denial or alteration of the proposed amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed amendments conform to City policy. 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 $25,000 $0.00 Encumbered / Expended Amount This item BALANCE $25,000 $0.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the adoption. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance Ordinance amending Corpus Christi Code of Ordinance, Chapter 14, Sections 14-201 &14-241 to adopt the National Electrical Code, 2017 Edition, with local amendments, amending sections 14- 1306,14-1316, 14-1311, & 14-1313 to remove electrician licensing, registration, and special fee and clarifying building permit fees; providing for penalties, severance, effective date and publication. WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Corpus Christi ("City"), the City Council desires to update its ordinances to include the latest version of the National Electrical Code ("Code of Ordinances"); WHEREAS, effective September 1, 2017, Texas Occupation Code §1305.201 prohibits municipalities from collecting a permit fee, registration fee, administrative fee, or any other fee from an electrician who holds a license issued by the state for work performed in the city; and WHEREAS, copies of said Codes of Ordinances are available in the office of the City Secretary for review and inspection by the public. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi Code of Ordinances, Sec. 14-201, subsection 1.2 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below Sec. 14-201. - Purpose. 1.2 The City of Corpus Christi has adopted, with local amendments, the International Code Council (ICC), 2015 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for One and Two Family Dwellings and the National Fire Prevention Association (NFPA) National Electrical Code, 2011 2017 edition, as the City's Electrical Code, copies of which, authenticated by the signatures of the mayor and city secretary, are made public record by sections 14-231 (Building Code), 14-232 (Existing Building Code), 14-241 (Electrical Code), 14-251 (Energy Conservation Code), 14-261 (Fuel Gas Code), 14271 (Mechanical Code), 14-281 (Plumbing Code), and 14-291 (Residential Code). SECTION 2. Corpus Christi Code of Ordinances, Sec. 14-241 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-241. - Electrical code. Page 1 of 8 With the following deletions and revisions, the National Electrical Code, 201/1 2017 Edition (including Annex H, Administration and Enforcement), as published by the National Fire Protection Association, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the electrical code for the City of Corpus Christi. (13) (18) ************************************************************** Article 90 of the National Electrical Code is amended by adding a new section 90.10 to read as follows: 90.10 Individual mctcring rcquircd. A building or buildings containing morc than fivc (5) dwclling units must providc for individual mctcring or sub mctcring of ach dwelling unit. ************************************************************** Section 210.52(B)(1) of the National Electrical Code is revised to read as follows: (1) Receptacle Outlets Served. In the kitchen, pantry, breakfast room, dining room, laundry/utility room, or similar area of a dwelling unit, the two (2) or more 20 -ampere small -appliance branch circuits required by Section 210.11(C)(1) shall serve all receptacle outlets covered by Sections 210.52(A) and (C) and rcccptacic outicts for rcfrigcration cquipmcnt. ************************************************************** Section 230.70 of the National Electrical Code is amended by adding new subsections 230.70(D) and 230.70(E) to read as follows: (E Exception For Certain Lighting Fixtures Installed on Poles. A service disconnect means is not required on a pole with a lighting fixture, if: (1 The pole is in a location accessible to the public, such as in parking lots, parks, etc., and a disconnecting means is installed in the circuit powering the fixture at a secure location, or with a lockable disconnect which is permanently identified at the location of the disconnect or (2) The fixture and all wiring providing power to the fixture are under the exclusive control of an electric distribution utility. Page 2 of 8 (19) (24) Section 250.52(A)(5) of the National Electrical Code is revised to read as follows: (F) Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than 2.5 m (8 ft.) in length and shall consist of thc following matcrials: shall consist of 2 rods constructed of the following material: ************************************************************** Article 408 of the National Electrical Code is amended by adding new sections 408.23 and 408.24, to read as follows: 408.23 Spare Raceways. For each panel a spare one -inch raceway must be installed from the panel to an accessible location. Exception No. 1: A spare raceway is not required if there is no access in the attic or from floor above or below the panel. Exception No. 2: A spare raceway is not required if the walls and ceiling adjacent to panel are not covered. 408.24 Sparc Circuits. Onc (1) spa-rc be installcd for cvcry fivc (5) circuits in all new buildings. ************************************************************** SECTION 3. Corpus Christi Code of Ordinances, Sec. 14-1306 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1306. - Special fees. (a) Re out inspection. A rc out inspcction fcc is rcquircd for thc purposcs of occupancy fcc has bccn paid. (2) If thc rc out inspcction is performcd concurrcntly with thc cicctrical permit inspection fee will not be charged. Page 3 of 8 SECTION 4. Corpus Christi Code of Ordinances, Sec. 14-1310 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcictcd) as delineated below Sec. 14 1310. Fees for examinatie-ns and licenses. (c) The Iiccnsc fcc must bc paid annually. Liccnscs arc valid for only in thc calcndar ycar in which thc fcc is paid. A Iiccnsc is not valid unlcss and until thc Iiccnsc fcc has bccn paid for thc calcndar ycar. (d) Duplicatc liccnscs may bc issucd to rcplacc a -lest or dcstroycd liccnsc, if thc Iiccnsc holdcr prcscnts providcd satisfactory cvidcncc that thc Iiccnsc was loss or dcstroyed, and the licensee pays the fee for the duplicate license. SECTION 5. Corpus Christi Code of Ordinances, Sec. 14-1311 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1311. - Contractor registration fees. A cicctrical, mechanical contractor and a lawn irrigator or backflow prevention assembly tester must pay an annual registration fee to maintain a current status as a registered contractor. Individual who holds multiple registrations must pay separate fee for each registration. SECTION 6. Corpus Christi Code of Ordinances, Sec. 14-1313 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below Sec. 14-1313. - Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: ************************************************************** BUILDING PERMIT FEES ($80.00 Min. Permit Fee) AMOUNT OF FEE RESIDENTIAL 0.52% of Valuation COMMERCIAL Page 4of8 $0 to $5 Million 70% of Valuation $5.001 to $10 Million .65% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 to $50 Million .58% of Valuation Construction site offices $80.00 Signs Sign $108.00 Electrical Building permit for electrical signs, per transformer $6.75 Min Fee $80.00 Residential Construction Building Permits New one- and two-family dwellings, apalUuents, townhouses, condominiums, accessory buildings, remodel, and repair 0.52% of Valuation Residential - Other Swimming pool 80.00 Roofing and siding $.045 sq.ft. 2nd driveway 580,00 Re inspection to in home has in the $80.00 out establish electrical service a where no service cxistcd 90 days previous ************************************************************** Page 5 of 8 BUILDING ELECTRICAL PERMIT FEES (ELECTRICAL ONLY) AMOUNT OF FEE Classification Electrical Building Permit Fees ONLY) Stand Alone Permits NOT Associated with a (ELECTRICAL are for Building Permit for new construction Based on Valuation None Residential 0.52% of Valuation Commercial $135.00 $0 to $5 Million .70% of Valuation $5.001 to $10 Million .65% of Valuation $10.001 to $20 Million .60% of Valuation $20.001 Million to $50 Million .58% of Valuation Replacement license $25.00 electrician elevator Minimum fee $80.00 ************************************************************** LICENSE FEES Classification Examination Fee License Fee House mover None $133.00 Master $75.00 $135.00 cicctrician Master $75.00 electrician sign Master $75.00 electrician elevator Journeyman $75.00 cicctrician Page 6 of 8 Maintenance electrician $30.00 Limited journeyman electrician $30.00 Apprentice $25.00 rtificd electrical maintenance person $30.00 ************************************************************** SECTION 7. This ordinance takes effect after official publication. SECTION 8. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 9. 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 10. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 7 of 8 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 8 of 8 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 12, 2017 Second Reading Ordinance for the City Council Meeting of September 19, 2017 DATE: August 16, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2601 Accepting and appropriating the 2018 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76 and appropriating $155,000.09 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime STEP enforcement grants in the Police Department for 2018. The grant provides overtime funding for DWI, Speed enforcement, and distracted driving across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $5,597.75 for fringe benefits, $9.304.47 for mileage, and an indirect cost rate of $32,264.45. The grant period is 10/01/2017 — 09/30/2018. 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 0 0 Encumbered / Expended Amount 0 0 0 This item $47,166.67 $47,166.67 BALANCE $47,166.67 $47,166.67 Fund(s): Police General Fund Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76and appropriating $155,000.09 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $155,000.09 for the 2018 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of $47,166.67, for a total project cost of $202,166.76. SECTION 2. That $155,000.09 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI, speed, and distracted driving enforcement. 1 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 2 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 19, 2017 Second Reading for the City Council Meeting of September 26, 2017 DATE: August 1, 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 for Property located at 1840 Saratoga Boulevard CAPTION: Case No. 0717-02 Bradley W. Shirley and Valerie V. Shirley: A change of zoning from the "RS -6" Single -Family 6 District to the "IL" Light Industrial District. The property is described as being Bohemian Colony Lands 6.379 acres out of Section 7, Lot 5, located north of Saratoga Boulevard and east of Greenwood Drive. PURPOSE: The purpose of this item is to rezone the property for sale of the property. RECOMMENDATION: Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District. Vote Results: For: 6 Against: 0 Absent: 3 Abstained: 0 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 "IL" Light Industrial District for sale of the property. The proposed rezoning is compatible with the Future Land Use Map, as well as PIanCC and the Westside Area Development Plan (ADP). 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 Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Map, PIanCC, and the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 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 Bradley W. Shirley and Valerie V. Shirley Cox ("Owner"), by changing the UDC Zoning Map in reference to Bohemian Colony Lands 6.379 acres out of Sec. 7, Lot 5, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bradley W. Shirley and Valerie V. Shirley ("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, July 26, 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 "IL" Light Industrial District, and on Tuesday, September 19, 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 Bradley W. Shirley and Valerie V. Shirley ("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 Bohemian Colony Lands 6.379 acres out of Section 7, Lot 5, located north of Saratoga Boulevard and east of Greenwood Drive (the "Property"), from "RS -6" Single -Family 6 District to the "IL" Light Industrial District (Zoning Map No. 050037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. 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\Legistar\2017 CC Agenda Items\9-19-2017\Zoning\0717-02 Bradley W. Shirley and Valerie V. Shirley\Ordinance_0717-02_Bradley W. Shirley and Valerie V. Shirley.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\Legistar\2017 CC Agenda Items\9-19-2017\Zoning\0717-02 Bradley W. Shirley and Valerie V. Shirley\Ordinance_0717-02_Bradley W. Shirley and Valerie V. Shirley.docx Page 3 of 3 RS -6l SUBJECT PROPERTY 400 fL Le Ogg 6:7,w2.91? rad 6y: Ic�arrna Dapa r1 raF µ-ualopyF,err;Sar06s CASE: 0717-02 SUBJECT PROPERTY WITH ZONING S Lrlsijlect Property WI -1 Mullwam Iri 1 RH-2 MullEaml7} 2 Ri11-2 Mullfarlly CM Prob. sslonai °floe Iw1r-AT Mullraily AT CM -1 Neighborhood Commie rcail CM -2 Neigh Comm. Dalai CR -1 Re so r.=o�1erc L! CR -2 CO -1 Cir -2 CI CB r: CR -1 Fit H EP c.:::: D—in: ra !-:!'! _].me rola] S -r -.s rl•=omilerolal :}h'•ra•un Commerotal �.! s o r1 Commerolal ' ! •� .R u ral F s:DrbOvarlar 6J s :nes s Fart IL Light Manta! Heavy Indy stria] P'Ut} Planned Un11 Div. Overlay R4-10 tingle-Farn ly 10 R!- bingle-Famny 3 tib 4 € bin0lo- Fam 1l CZ Ri-TF Two -Family Rt -14 tingle -ram ly 1F RE Re side nilaIEHale FI -SIM Tow nhome ap Eveolel Fermin Rei Recreational Vehlcle Park RUH Manuraolure.1 Home Zoning Case #0717-02 Bradley W. Shirley & Valerie V. Shirley From: "RS -6" Single -Family District To: "IL" Light Industrial District City Council Presentation September 19, 2017 Aerial Overview VicPapi „` , / / Subject Property at 1840 Saratoga Boulevard Zoning Pattern UDC Requirements Buffer Yards: "IL" to "RS -6" Type D: 20'/20 pts. Setbacks: Street: 20 feet Side: 0 feet Rear: 40 feet (Residential) Height: 2:1 Restriction Uses Allowed: Warehouse, Freight, Retail, Offices Staff and Planning Commission Recommendation Approval of the "IL" Light Industrial District PLANNING COMMISSION FINAL REPORT Case No. 0717-02 INFOR No. 17ZN1024 Planning Commission Hearing Date: July 26, 2017 Applicant & Legal Description Owner: Bradley W. Shirley & Valerie V. Shirley Applicant/Representative: Bradley W. Shirley Location Address: 1840 Saratoga Boulevard Legal Description: Bohemian Colony Lands 6.379 acres out of Section 7, Lot 5, Located north of Saratoga Blvd., and east of Greenwood Dr. Zoning Request From: "RS -6" Single -Family Residential To: "IL" Light Industrial Area: 6.379 acres Purpose of Request: Rezoning for sale of the property. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant and Low Density Residential Light Industrial North "RS -6" Single -Family 6 Agricultural Medium Density Residential South "IL" Light Industrial Vacant Light Industrial East "IL" Light Industrial Light Industrial and Vacant Light Industrial West "IL" Light Industrial Light Industrial and Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Map which calls for Light Industrial uses. Map No.: 050037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 220 feet of street frontage along Saratoga Boulevard which is designated as an "A3" Primary Arterial Divided Street. Staff Report Page 2 oT•ype Lpi+ N d Street Urban Transportation Plan Proposed Section Existing Section Traffic Volume Saratoga130' Boulevard "A3"Primary Arterial ROW 79' paved 120' ROW 75' paved 2,904 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family District to the "IL" Light Industrial District for sale of the property. Development Plan: The subject property is comprised of 6.379 acres. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family and is agricultural land. To the west is vacant land (Saratoga Place Subdivision) zoned "IL" Light Industrial District. Saratoga Place was zoned to the "IL" Light Industrial District in 1997. To the north, property was rezoned to the "RS -6" Single -Family District. To the south across Saratoga Blvd. a rezoning occurred to the "IL" Light Industrial District in 1984 to construct a warehouse, though the property is now vacant. To the east a rezoning occurred in 1996 to the "IL" Light Industrial 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 not 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 the "IL" Light Industrial District is consistent with the Future Land Use Map. The proposed rezoning is also consistent with the following policies of the Westside ADP and PIanCC: • Encourage the protection and enhancement of residential neighborhoods (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). • 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). • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout -out and organization of activities by screening and maintaining buffer areas or zones for their activities (Policy Statement C.6). Staff Report Page 3 Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, as well as PIanCC and the Westside Area Development Plan (ADP). 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 property is currently vacant. • If the "IL" Light Industrial District is approved, any development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and setbacks. Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "RS -6" Single -Family District to the "IL" Light Industrial District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Public Notification Number of Notices Mailed — 11 within 200 -foot notification area 2 outside notification area As of July 21, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-02 Bradley W. Shirley and Valerie V. Shirley\PC Documents\Staff Report_0717- 02_Bradley W. Shirley and Valerie V. Shirley.docx RS -6l SUBJECT PROPERTY 400 fL Le Ogg 6:7,w2.91? rad 6y: Ic�arrna Dapa r1 raF µ-ualopyF,err;Sar06s CASE: 0717-02 SUBJECT PROPERTY WITH ZONING S Lrlsijlect Property WI -1 Mullwam Iri 1 RH-2 MullEaml7} 2 Ri11-2 Mullfarlly CM Prob. sslonai °floe Iw1r-AT Mullraily AT CM -1 Neighborhood Commie rcail CM -2 Neigh Comm. Dalai CR -1 Re so r.=o�1erc L! CR -2 CO -1 Cir -2 CI CB r: CR -1 Fit H EP c.:::: D—in: ra !-:!'! _].me rola] S -r -.s rl•=omilerolal :}h'•ra•un Commerotal �.! s o r1 Commerolal ' ! •� .R u ral F s:DrbOvarlar 6J s :nes s Fart IL Light Manta! Heavy Indy stria] P'Ut} Planned Un11 Div. Overlay R4-10 tingle-Farn ly 10 R!- bingle-Famny 3 tib 4 € bin0lo- Fam 1l CZ Ri-TF Two -Family Rt -14 tingle -ram ly 1F RE Re side nilaIEHale FI -SIM Tow nhome ap Eveolel Fermin Rei Recreational Vehlcle Park RUH Manuraolure.1 Home AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 19, 2017 Second Reading for the City Council Meeting of September 26, 2017 DATE: August 1, 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 for Property at 6802 Weber CAPTION: Case No. 0617-03 CC Ventures Equities IV, LP: A change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District. The property is described as being 0.839 acres out of the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of an Express Tunnel Carwash. RECOMMENDATION: Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District. 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 from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow for the construction of an Express Tunnel Carwash on the 64,500 square feet. abutting Weber Road. The remainder will remain "CN -1" Neighborhood Commercial District to act as a zoning transition buffer. A small retail center is planned for the Neighborhood Commercial portion. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Southside Area Development Plan. The proposed rezoning is compatible with uses for the ACUZ zone APZ-2. The provided site plan and noise diagrams are designed to minimize noise to the residential properties to the east. 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 commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map, PIanCC, 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 CC Ventures Equities IV, LP ("Owner"), by changing the UDC Zoning Map in reference to the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2, from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of CC Ventures Equities IV, 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, a public hearing was held on Wednesday, July 26, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District, and on Tuesday, September 19, 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 CC Ventures Equities IV, LP ("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 being the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard (the "Property"), from "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District (Zoning Map No. 047034), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-03 CC Ventures Equities IV, LP\Council Documents\Ordinance_0617- 03_CC Ventures Equities IV, LP.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\0617-03 CC Ventures Equities IV, LP\Council Documents\Ordinance_0617- 03_CC Ventures Equities IV, LP.docx Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.839 acre tract being the west 170.00 feet of Lot 2, Block 11, Foxwood Estates Phase III, as shown on a map recorded in Volume 65, Page 158, Map Records Nueces County, Texas. Said 0.839 acre tract being more particularly described as follows: BEGINNING at a point in the southeast right of way of Weber Road, for the common west corner of Lots 1 and 2, Block 11, and for the west corner of this survey. THENCE with the common line of Lot 2 and Weber Road, North 28°43'02" East, a distance of 215.00 feet to a point for the common west corner of Lot 2, Block 11, and Block 1, Country Club Estates Unit 31, as shown on a map recorded in Volume 57, Page 148, Map Records Nueces County, Texas, and for the north corner of this survey. THENCE with the common line of Lot 2, Block 11, and of said Block 1, Country Club Estates Unit 31, South 61°49'51" East, a distance of 170.00 feet to a point for the east corner of this survey. THENCE South 28°43'04" West, a distance of 214.83 feet to a point in the common line of Lots 1 and 2, and for the south corner of this survey. THENCE with the common line of Lots 1 and 2, North 61°53'17" West, a distance of 170.00 feet to the POINT of BEGINNING of this tract, and containing 0.839 acres of land, more or less. Notes: 1.) Bearings are based on the Foxwood Estates Phase III plat as shown on a map recorded in Volume 65, Page 158, Map Records Nueces County, Texas.. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" iron rod = iron rod set with yellow plastic cap labeled Brister Surveying. 4.) This metes and bounds description does not represent an on the ground survey. 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. o1naa2& '&zdl-a. Ronald E. Brister, RPLS No. 5407 Date: May 19, 2017. Job No. 170791 EXHIBIT A SURVEY OF A 0.839 ACRE TRACT BEING THE WEST 170.00 FEET OF LOT 2, BLOCK 11, FOXWOOD ESTATES PHASE III, AS SHOWN ON A MAP RECORDED IN VOLUME 65, PAGE 158, MAP RECORDS NUECES COUNTY, TEXAS. SCALE 1" = 40' R u1 N v P.O.B. COUNTRY CLUB ESTATES UNIT 31 BLOCK 1, LOTS 48 - 50 VOL. 57, PG. 148 M.R.N.C.T. S61° 49' 51"E 170.00' n 0 V1 7.5' U.E. WEST 170.00' LOT 2 0.839 ACRES 36,534 S.F. Q = PROPERTY CORNER N61° 53' 17"W 170.00' LOT 1 O S28° 43' 04"W REMAINDER REMAINDER OF LOT 2 Brister Surveying 4455 Smith Padre Island Drive Suite 51 Corpus Christi, Texan 78411 Off 361-850-1800 Fax 361-850.1802 Briste rsurveyi ngC?corpus.twcbc.com Firm Registration No. 10072800 RY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS LOCATED WITHIN ZONE AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT MAPS. COMMUNITY PANEL 485494 0508 D DATED JUNE 4, 1987 AND ❑ 1S ® IS NOT LOCATED IN A DESIGNATED YEAR FLOOD ZONE. SURVEY DATE MAY 19, 2017 JOB NO. 170791 NOTES: 1.) TOTAL SURVEYED AREA IS 0.839 ACRES. 2.) BEARINGS ARE BASED ON THE FOXWOOD ESTATES PHASE 111 PLAT AS SHOWN ON THE MAP RECORDED IN VOLUME 65, PAGE 158, M.R.N.C.T. 3.) SET 5)8" IRON ROD = IRON ROD SET WITH YELLOW PLASTIC CAP LABELED BRISTER SURVEYING. 4.) THIS SURVEY DOES NOT REPRESENT AN ON TILE GROUND SURVEY. THIS SURVEY DOES NOT INCLUDE TI1E RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. I, RONALD E. BRISTER DO I IEREBY CERTIFY THAT THIS SURVEY OFTIIE PROPERTY LEGALLY DESCRIBED HEREIN I5 CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dna. e ' ;,(04:dz_ RONALD E. BRISTER R.P.L.S. NO. 5407 EXHIBIT B Zoning Case #0617-03 CC Ventures Equities IV, LP From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District City Council Presentation September 19, 2017 Aerial Overview Vicinity Map 2 Subject Property at 6802 Weber Road N Zoning Pattern 1972 - 4 ubjectf 1- -982 "1 2013 4 UDC Requirements Buffer Yards: "CG -2" to "CN -1" None "CN -1" to "RS -6" Type B: 10'/10 pts. Noise: 7' Wall Setbacks: Street: 20 feet Side: 0 feet Rear: 0 feet Parking: 2 spaces/bay ,. *Bars/Nightclubs Not Allowed Due to Distance to Church Staff Recommendation Approval of the "CG -2" General Commercial District PLANNING COMMISSION FINAL REPORT Case No. 0617-03 INFOR No. 17ZN1021 Planning Commission Hearing Date: July 26, 2017 Applicant & Legal Description Owner: CC Ventures Equities IV, LP Applicant/Representative: Saquib Ahmed Location Address: 6802 Weber Road Legal Description: Being 0.839 acres of of the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard. Zoning Request From: "CN -1" Neighborhood Commercial District To: "CG -2" General Commercial District Area: 0.893 acres Purpose of Request: To allow for the construction of an Express Tunnel Car Wash on the western portion of the property fronting Weber Road and retain the Neighborhood Commercial on the eastern portion of the property to act as a zoning buffer. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "CN -1" Neighborhood Commercial District Vacant Commercial North ""CG -2" General Commercial Commercial Commercial South "CN -1" Neighborhood Commercial District Commercial Commercial East "RS -6" Single -Family 6 Low Density Residential Medium Density Residential West "IL" Light Industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and Southside ADP. Map No.: 047034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 215 feet of street frontage along Weber Road which is designated as an "A3" Primary Arterial Divided Street. Staff Report Page 2 i § a Lpi+ N ci Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Weber Road "A3" Primary Arterial 95' ROW 64' paved 90' ROW 70' paved 3,301 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District to allow for the construction of an Express Tunnel Carwash on the western portion of the property fronting Weber Road and retain the Neighborhood Commercial on the eastern portion of the property to act as a zoning buffer. The Neighborhood Commercial District portion would be developed as retail space for lease. Development Plan: The subject property is comprised of 0.893 acres and is proposed to be an Express Tunnel Carwash fronting Weber Road with a 15,000 sf. leased retail building on the remainder of the property adjacent to the abutting residential use. Existing Land Uses & Zoning: The subject property is currently zoned "CN -1" Neighborhood Commercial District and is vacant land. To the east is Summer Wind Village subdivision with single-family residences zoned "RS -6" Single -Family 6 District. The subdivision was platted in 2013. To the north, rezoning cases occurred in 1981 to "CG -2" General Commercial District and is operating as a self -storage facility. To the south is a convenience store with fuel sales and is zoned "CN -1" Neighborhood Commercial District, which was rezoned in 2005. To the east, across Weber Road is "IL" Light Industrial District, rezoned in 1982, with uses that include a pest control center and gym/recreational facility. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). It is located in the APZ-2 zone. It meets the compatibility requirement of SLCUM 55 in and APZ-2 zone as outlined in the Unified Development Code. The Airport Operations Manager confirmed the use is appropriate. Plat Status: The property is platted. 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 "CG -2" General Commercial is consistent with the Future Land Use Map and with the following policies of the Southside ADP and PIanCC: • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. (Southside ADP Policy Statement 8.6) • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, Element 4, Goal 2). Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas. (PIanCC, Element 7, Goal 1, Strategy 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. (PIanCC, Element 7, Goal 1, Strategy 5). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. • Surrounding properties have been rezoned with a pattern towards commercial development. • The dryers for the bay face Weber Road and according to the specifications emit 75 decibels at 100 feet. • The compression for the vacuum system consist of one compressor that will be placed underground. • The property abutting the residential zoning will remain CN -1 to maintain the current buffer to protect the residences. The retail development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail a 10 foot buffer between the CN -1 and residential with 10 points to obtain. Additionally, the "CN -1" District does not allow bars, pubs, taverns, or nightclubs. • The use is appropriate for the APZ-2 overlay. • There was a previous case in 2005 for multi -family and commercial use for this property. At that time the application specified the land would be used for multi- family and commercial uses, however, the specific commercial use was not indicated at that time. The application was denied for the multifamily use and the commercial use was maintained. Planning Commission and Staff Recommendation (July 26, 2017): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "CG -2" General Commercial District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff Report Page 4 Public Notification Number of Notices Mailed — 14 within 200 -foot notification area 5 outside notification area As of September 5, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.0% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) C. Outdoor Dryer Noise Diagram and Underground Vacuum Pump Noise Diagram D. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-03 CC Ventures Equities IV, LP\Council Documents\CC Report_0617-03_CC Ventures Equities IV, LP.docx CASE: 0617-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 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 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on �/ Owners attached ownership table V in opposition 4,44910 04 SUBJECT PROPERTY LOCATION MAP 1 City of Corpus Christi EXHIBIT A City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 578500040010 SRF INC 615 S UPPER BROADWAY Corpus Christi, TX 78401 3 >v , `r4pGRN'QG � n {ar U.S. POSTAGE }PITNEY BOWES ZIP 78412 $ 000.46° 02 4Y1 0000340617 JUL 14 2017 flEGEIVEfl JUL 152017U BY: CASE: 0617-03 SUBJECT PROPERTY WITH ZONING 51,epct Property 11M41 Iaullllar.., 1 1111-7 kuR8.rnRy 7 RM -I Ilun,lamly 1 GH Pra,..sa.rw OMo. RM.AT Mun1.mly AT [R•1 RNIe30111033 C.nrmerel. CR.2 11.0&O03.n3ed Cemmlrtll C11.1 Rnan Camm.P21.1 CR -2 R.a.n Canw.rcnl CG -I G.MNI Ci1m.r.kl CG -0 G.n.ral c nml..wal CI *11.10.10.. C e mnr.r. k l CGA Da.mta.e Comm.rsk CII -3 Resort Co.m.rckl fR Farm Rural R Hnlonc Gr.rk, RP Mien.. Pm* IL LI3M In.u1Rk1 SI IN..r 1ntlustnp PGG Planned Una Ore Oren., R3.10 3.-13-Fanwy to 1134 3.01efi1*I, I 113J 1 ]'npkJ.mly a f R5-17 roe-2May R3 1e 3mpl..amly 11 RE R..Iearnlal ILIUM R3.IH 111..434.14.1 SP Speck! Poem II RV RSctuepnal Nn11N Park RYH Man.kamN6 Hem. SUBJECT PROPERTY _ - T P LOCATION MAP City of Copus Christi i. EXHIBIT B Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta iunta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-03 CC Ventures Equities IV. LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN -1" Neiqhborhood Commercial District to the "CG -2" General Commercial, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being the west 170 feet of Foxwood Estates Phase 111, Block 11, Lot 2, located along the east side of Weber Road, north of Bratton Road, and south of Saratoga Boulevard. 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, July 26, 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. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Ft /AU Address: S. t)Pleig ZrOadttkli City/State: 614 764° ( IN FAVOR ( ) IN OPPOSITION Phone: I) Uf 17 REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1021 Property Owner ID: 1 titel& CdP) Signature caa EXHIBIT B Case No. 0617-03 Project Manager: Laura Sheldon Email: LauraS2@cctexas.com 4 3 717 2 1 Enviromental Noise with Vacuum OFF: 70 dba 24.00-i 50 Feet 74-dba I MATIRtAL Default 4 MACHINING plikerGeda TOLERANCES APPROVED THIRD A P� PRACT.b.. v1o. SPEAK All. 9MARP CCOMEPE SIDICA.4. Ila LATtf,URY DkSIRIPi ION PART TO LL PRL[ CO BOPS XXX mum.. Ltw VACUUM UmniCTIeRPAU mom PTM • r "'R :.ma O .ae .oa�'0�"�`cr vas. N" PART NUMBER ALL p..C.Rtr1$ ARL PPC*$ PPM* 1 5 i..1i/.•rA .0 .., ....k...0.17.0 WL O. 1 1m M. 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TweCasare tOmen ...ILOr°'On PCa TC IIx IMP sreanRn §le ET c..nM.R eoec.+.n WG Au RcMIRSIeRMC 2 OF 2 BLOWER ASSEMBLY, ONE ARCH 4SHP fiL1-45HP-1 'SIZE A 'SCALE N.T.S. 4 3 2 EXHIBIT C OUTDOOR DRYERS FACING WEBER ROAD 1 A SONNY'S CARWASH The 7'i�nnel ExpertsTM DESIGN SERVICES 214.83' 05.31.17 05.31.17 LV JCH Dote: Revision Date: Created By: Revised By: Checked By: !\SONNY'S' L _Jibe CarWash Factory b://....Senorabireaoom � ° �� 1- — 10 — Vac-Boom(11'_W) 1- — — _ o o 4 o �� 0 o 0 CARWASH LAYOUT "DRAFT" ,® 2017 SONNY'S ENTERPRISES INC. 1 16DS Hiatus Rood. Tamara, FL. 33321 USA. TEL.SOD-327-8721 i 10 Vac-Boom(11'_W) o I / _ 100'Conveyor: _ _ _ — 0" R23'— r• r mt "0 °l' .nt+,M ! I SITE LEGEND 1--'.___----. --- L— r y 2(Y L -B/L 15''8.81 1 Planck. Parking Proposed Curb site eaaneonane — — 107'-4" L 215.00' J aeneo se GENERAL NGTES 62'-10' X „na. r aoata a. gr .a._ easenom noted, PRELIMINARY PLAN NOTE WEBER ROAD .wmM1 best available been t intern.. provided by tx customer. wiMout Me bene![ of a Y .� - BsstWIWI �� s�� 1120 Parts Is Bferari • Afferdable Controls, L® __ in sone cases. the engineer a Conducted ariy regarding, �<[�i permitted sellinglandscaping. us trry acre. . way ee<e'amelaaema, mite t benefit accurate ...prob., orientationand Sheet Rev. condition, and compliance WI. Federal, Sta. & local building C.e, lb the exclus.ve rebpor,ibility of III ,u,torner and/or i. 2M1 eEn max �a_ & Lrade secr Lr ol SONNY'S En Lerpr Inc Any unauLhorizetl uge or Os losure to a, or port, r, �d,xa a .ra,a n,an M1rsra��,r,,.ar, 17301—05— AHMED FAIZ—CORPUS 01 nor_.n , other oa , r, if for noreoent, e e a=se�a. Scale: N.T.S. 1 Location: TX —0 EXHIBIT D AGENDA MEMORANDUM Action Item for the City Council Meeting of September 19, 2017 DATE: September 15, 2017 TO: Margie C. Rose, City Manager THRU: Miles Risley, City Attorney FROM: Buck Brice. Assistant City Attorney Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting October 17, 2017 as the date of the adoption of the ad valorem tax rate of $0.626264 per $100 valuation. PURPOSE: The fiscal year 2017-2018 proposed operating budget utilizes a tax rate of $0.626264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2017- 2018. This an increase in the property tax rate as was used in fiscal year 2016-2017. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. In the event that the proposed fiscal year 2017-2018 tax rate of $0.626264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on October 6, 2017, and the second public hearing on Octoberl0, 2017. Then the vote for the final adoption of the tax rate is scheduled to be held on October 17, 2017. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on September 29, 2017. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 113,193,005 $ 113,193,005 Encumbered/Expended amount of (date) - - - - This item - $ 113,193,005 $ 113,193,005 BALANCE - - $ - $ - FUND(S): General Fund $70,351,865 Debt Service Fund $42,841,140 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Action Item for the City Council Meeting of September 19, 2017 DATE: September 15, 2017 TO: Margie C. Rose, City Manager THRU: Miles Risley, City Attorney FROM: Buck Brice, Assistant City Attorney Action to Schedule Two Public Hearings Related To Fiscal Year 2017-2018 Property Tax CAPTION: Motion to consider a tax increase and setting public hearings on the ad valorem tax rate for October 6, 2017 and a second public hearing for October 10, 2017 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2017-2018 proposed operating budget utilizes a tax rate of $0.626264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2017-2018. This is an increase in the property tax rate as was used in fiscal year 2016-2017. This agenda item is needed for the City to be in compliance with "truth -in -taxation" as it relates to the Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. In the event that the proposed fiscal year 2017-2018 tax rate of $0.626264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on October 6, 2017, and the second public hearing on October 10, 2017. Then the vote for the final adoption of the tax rate is scheduled to be held on October 17, 2017. Additionally, in compliance with the "truth -in -taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller -Times on September 29, 2017. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Office of Management and Budget City Attorney's Office FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $116,793,005 $116,793,005 Encumbered / Expended Amount This item $116,793,005 $116,793,005 BALANCE Fund(s): General Fund $70,351,865; Debt Service Fund $42,841,140; Residential Street Reconstruction Fund $3,600,000 Comments: RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: None AGENDA MEMORANDUM Public Hearing for the City Council Meeting of August 22, 2017 First Reading for the City Council Meeting of August September 12, 2017 Second Reading item for the City Council Meeting of September 19, 2017 DATE: August 23, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 THRU: 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: Approval of Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide in the amount of $142,224,600. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. On Wednesday, July 12, 2017, a summary presentation of the FY 2018 Capital Budget and Capital Improvement Planning Guide was held before the Planning Commission describing program highlights and funding sources. A Public Hearing and second presentation of the detailed FY 2018 Capital Budget and Capital Improvement Planning Guide was held on July 26, 2017. At that meeting, the Planning Commission recommended approval of the FY 2018 Capital Budget and Capital Improvement Planning Guide as presented. There were no comments during the Public Hearing. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: The Public Hearing and presentation of this item was held on August 22, 2017. If approved at first reading on September 12, 2017, the second reading will be on September 19, 2017. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X 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 $142,224,600 $142,224,600 BALANCE $142,224,600 $142,224,600 Fund(s): COMMENTS: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation FY 2018 Capital Budget and Capital Improvement Planning Guide Page 1 of 2 ORDINANCE APPROVING THE FISCAL YEAR 2017 — 2018 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $142,224,600. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide in the amount of $142,224,600 is hereby approved. A copy of the Fiscal Year 2017 — 2018 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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: Mayor 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: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel Fiscal Year 2017 - 2018 Proposed Capital Improvement Program (CIP) Budget and Planning Guide First Reading August 29, 2017 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2018) : A fully -funded work plan based on available financial capacity and greatest prioritized needs. • Short -Range Program: Facilitates fiscal and needs - based planning for Years 2 and 3. • Long -Range Forecast: Located at the back of each section and consists of items considered important, but not funded. Proposed Capital Improvement Budget and Planning Guide DRAFT - WASTEWATER FISCAL YEAR 2018 CIP PROGRAM (WITH STREET SUPPORT) June 2017 WASTEWATER SHORT RANGE CIP Prior FY Prior FY FY 17-18 FY1519 FY19-20 FY20-21 FY 21-22 FY 22-23 FY23-24 FY 24-25 FY 2526 FY 26-27 FY 27-32 10 Year PROJECT SEP Project Name Expenditures & „ma.... nt Budget Year Year Year Year Year Year6 Year] Year Year Year 10 Year 11-15 TOTALS TOTAL WW 01 COyrvideC tt€ tmSysfem lndefdRe OeliverylodefdM1e Roan. Progr m 88 18,40 12,309.6 1,000.0 13,000.0 16,0000 18,0000 18,0000 18,0000 18,0000 18,000.0 18,0000 18,000 0 ,000 180 156,000.0 186,798.6 WW 02 Citywide Lit Station Repair 1,3639 3,0000 3,0000 3,000.0 9,000.0 10,363.9 MN 03 COyrnde Wastewater Lot Staten&kernate Parva Supply 9.1 300.0 300.0 300.0 300.0 300.0 300.0 1,800.0 1,809.1 WW 04 Cityrnde Wastawater Maier Plan 400.0 400.0 400.0 1,200.0 1,200.0 WW 05 Wastewater astewater Treatment Plants &L4..don SCAM500.0 5000 3,0000 3,000.0 Allison Basin WW 06 Allison W WrP Lk Staten and Plant Improvements 2936 4,2504 1 WW 07 Allison Plant Process Upgrade and Replacement 5000 2,0000 3,5000 6,000.0 6,000.0 4V4V 08 Sharpsburg Lit Staten and Up Rrver Road Force Main Rehabitation 3,]195 3]22 - 4,091.7 WW 09 Clarkwood North Lift Statim Header Repairs 400.0 1,200.0 1,5000 3,100.0 3,100.0 Greenwood Bain 4 Proposed Capital Improvement Budget and Planning Guide Proposed Bond 2014 Proposition One: STREETS .,reuen„ zec PROJECT TITLE: GoIlihar Road - South Staples Street to Weber Road Consistency wall the Comprehensive Plan; Policy Statements pp. 25- 32; Transportation Master Plan DESCRIPTION: This project includes full depth reconstruction of the existing 5 -ane roadway 0.510 new curb and gutter, sidewalks, ADA ramps and pavement marlclnos. 1311119 Improvements include water, wastewater, storm water and gas. The _ project includes 5400 mull -use sidewalks on born sides for pedestrian and ;, nketransa 0 s, GOI IhB r PROJECT NOTES: Project No E13067 SE Consultant : Naismith Engineering 0.entreat. TBO Award Design: Jan_ 2014 Award Consbuclon: Dec. 2016 Anticipated rbmpletan: May 2019 00 n FUNDING SCHEDULE (Amount in 000's) Use of Funds Project -to -Date Obligations May2016 Unspent Prior Budget as of June 2016 CIP Budget Year 1 2016-2017 Year2 201]-2018 Year 2018 -2019 Future Budget Required (Years4 10) Total Project Value (Amounts in $'s) STREETS STORM WATER WASTEWATER WATER GAS 673.1 3857 82.1 1487 308 68264 2,604.0 300.0 934.0 3,1640 98.5 9340 7399,500 6,153100 480.600 2,016,700 30,600 TOTAL: 13204 6826.4 3838.0 4996 - - $ 16,181300 Source or Funds Bond Issue 2014 Tax Nates Revenue Bonds 873.1 6473 6 415 2 411 2 3,838.0 4,196.5 6415200 1 384.300 0681 800 TOTAL: 1,3204 63264 3,8330 4,1965 - - 0 16.181.300 OPERATIONAL IMPACT: There 6.s 0 direct operational budget impact, butt05 pr je61 will replace aging 0101065 where applicable, improve Me road to accommodate heaver traffic bows 403 provpe a safer driving experience. Proposed Capital Improvement Budget and Planning Guide Department: WATER senW+h�1 PROJECT TITLE: Elevated Water Storage Tanks Alternate Capacity Requirement Implementation Plan) Consistency with the comprehensive Plan: Policy Statements pp. 48: 1,3&6,- pp. 55-57; Water Master Plan DESCRIPTION: Themisling Elevated Storage Tanks (EST) have inadequate me ant elevation to meet minimum sMrage requirement as defined by the Texas Commission onEnvironmental Dualty(TCEo). Thn Pole. 13 3 pM1setl mum y tt that will p b b new EST wilt ] 5 mill gallons f eorage Th improved s g paciy, combined wt thnew heights d two new pump station gen (addressed underseparate CIP project) ill place the City's distribution system in compliance with TCEO's Alternative Capacity R q - m (ACR). Deg for Tanks 1 and 2 haveb accomplish.. Construction is underway d schedre. to be completeearly 2010. To ped the City's ACR Implementation plan and save project costs, the City to coine the oligtnal Phase 3 and Bay Blvd at uncle etl 4 Mr ESTs at the m and at the Nuesphase e srt R d propomtlCity-owne d propeproperlyce which was approved by TCEO_ Phase 3 also includes demolition of the existing Mur ESTs in the City's Pressure Zane 1 which are idenfified by the City as Morgan EST, Gondar EST, Alameda EST, and Flour Bluff EST. CITY '66.44.M1,14 _..ve WIDE -B.. l. PROJECT NOTES: DISTRIBUTION Project No: E11092 ME CansuRant: NV Contractor CBI, Inc. Award Design: march 2011 Award Mellon: May 2016 Anticipated CompEetnn: Feb. 2018 '�T 1 Pt4 \ �*S$ �1��4j �� fl ~ra_- 64 l 11 FUNDING SCHEDULE )Amount In 000.$) Use of Fun. Project -to -Date Obligations May 201600 Unspent Prior Budgelas of June 2016 CIP Budget Year 2010-2017 00212 2017 -2018 802r3 2018-2019 Future Budge[ Required (Years 4-10) TOWI Project Value (Amounts to $'s) Design 8 Engineering Cottstrucllan Contingency 1860e01i01/0t8e1 6,0000 1435 216 .0 1,2000 1000 1505 500.0 6,000.0 600.0 150.0 8000 6,0000 5300 400.0 7000 7,0000 6000 2000 250.0 23000 250.0 151.1 2,466,000 30,700,000 2,350000 1,195,100 TOTAL: 6,1435 1,6665 7,250.0 10,0000 6,5000 3,1511 S 36,711,100 Source of Funds Revenue Band Water Capital Reserves 6,1435 16665 3,250.0 3.409.0 110,000.0 0,5000 3,151.1 33,311100 3,400,000 TOTAL: 6,143.5 1,666.5 7,250.0 10,000.0 0,500.0 3,151.1 S 36,711,100 OPERATIONAL IMPACT: 0010 project will allow the coy to meet 10 commitment to TC00 as defined in the 9 -year Alternative Capacity Regwreme t (AGR) implementation plan approved in 2012. Higher tanks will additionally provide higher pressure and better pressure stabilization in thetlistr0ullon system as required. No additional costs vAll be incurred. 293 Current & FY '18 Proposed CIP Capital Improvments Program - Unspent ($220.2 Million( - Gas FY18 - Capital Improvements Program ($142.2 Million) HeaHF8.5afery Nrks 7 Airport • Year One: $8.4 Million • Program Highlights: — Reconstruct Air Carrier Ramp — Air Operations Area — Runway 13-31 Extension Safety Mitigation • Funding Sources: — Federal Aviation Administration Grants — Certificates of Obligation — Airport Capital Reserves Parks & Recreation • Year One: $0.0 Million • Program Highlights: — Packery Channel Miscellaneous Improvements — Community Park Development & Improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Community Development Block Grant — Tax Increment Financing District — General Obligation Bonds Public Facilities • Year One: $2.0 million • Program Highlights: — Central Library Roof Replacement — New Roof at City Service Center Warehouse — Repairs to Recreation Centers - Citywide • Funding Sources: — Certificates of Obligation Public Health/ Safety • Year One: $5.5 Million • Program Highlights: — Completion of previously funded projects in the areas • Bond 2012 • J.C. Elliott and Cefe' Valenzuela Landfills • Seawall Improvement Projects Funding Sources: — General Obligation Bonds (2012) — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets • Year One: $7.1 Million • Program Highlights: — Bond 2016 Residential Street Rebuild Program — Six points Intersection Improvements — Street Lighting Improvements • Funding Sources: — General Obligation Bonds (2012) — Texas Department of Transportation Funding — Certificates of Obligation 12 Gas • Year One: $4.2 Million • Program Highlights: — Gas Line Replacement / Extension Program — New Gas Transmission Lines • Funding Sources: — Utility Revenue Bonds — Gas Capital Reserves Storm Water • Year One: $24.9 Million • Program Highlights: — Lifecycle Pipe Rehabilitation and Replacement — Gollihar Outfall Repairs — Lifecycle Curb and Gutter Replacement • Funding Sources: — Utility Revenue Bonds — Storm Water Capital Reserves Water Supply • Year One: $6.3 Million • Program Highlights: — Seawater Desalination Program — Wesley Seale Instrumentation Testing and Replacement • Funding Sources: — Utility Revenue Bonds — Texas Water Development Board — Raw Water Supply Reserve Water • Year One: $49.6 Million • Program Highlights: — Programmed Water Service Life Extension — Elevated Storage Tanks, Phase 2 — Support of Street Bond Projects • Funding Sources: — Utility Revenue Bonds — Water Capital Reserves Wastewater • Year One: $34.2 Million • Program Highlights: — Greenwood WWTP Improvements to UV System — City-wide Collection System Assessment and Repair (IDIQ) — Capacity Assessment Improvements — Support of Street Bond Projects • Funding Sources: — Utility Revenue Bonds — Wastewater Capital Reserves QUESTIONS? AGENDA MEMORANDUM Future Item for the City Council Meeting of September 12, 2017 Action Item for the City Council Meeting of September 19, 2017 DATE: TO: September 6, 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 CAPTION: Professional Services Contract Tourist Area Amenities — Wayfinding Initiative Motion authorizing the City Manager or designee to execute a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $251,860 for the Tourist Area Amenities — Wayfinding Initiative project PURPOSE: The purpose of this Agenda Item is to obtain authority to execute to the professional services contract for the Tourist Area Amenities — Wayfinding Initiative project. BACKGROUND AND FINDINGS: This item develops Wayfinding concepts to achieve an enhanced image and sense of arrival into the Downtown. During design of several ongoing Bond 2012 and 2014 projects, including Downtown Road and Streetscape Improvements, need for a comprehensive Wayfinding guide became critical to cost effectively implement planned improvements. This project provides for development and design of Wayfinding standards in four areas; Downtown District, SEA District, Marina Arts District and North Beach. The Wayfinding System will create a consistent practical network for navigating each of the areas, while supporting unique branded identities for each area within greater Downtown. These Wayfinding strategies will directly enhance ongoing Bond projects including the Downtown Road and Streetscape Improvements. The Downtown Road and Streetscape project included nominal Wayfinding efforts for a limited area within the Downtown District, but lacked funding to fully develop standards for the entire District. Additionally, it is essential to formalize standards for all four areas to cost effectively implement a consistent network to key destinations. The work includes developing the implementation plan, preparation of design standards and specifications, and includes fabrication and installation of signs. All work will be coordinated through meetings and discussions with key stakeholders including the Downtown Management District, affected property owners, Texas Historical Commission, and City Parks & Recreation, Streets & Signals, Engineering Services, Business Liaison Office, Utilities and others as needed. Wayfinding Objectives: • Emphasize Downtown as a Destination • Highlight Key Attractions • Enhance the User's Experience and Orientation to choose the route • Improve Mobility • Integrate a Range of Navigation Tools • Reinforce Community Identity • Enhance Urban Design • Develop a System that can be implemented The work includes design services for Wayfinding and Signage Schematic Design, Design Development and Programming, Design Intent Documentation, Wayfinding Assessment, Sign Standards Manual, and Implementation Planning services. Design work includes preparation of digital vector art and/or electronic art files for use by fabrication and sign installation contractor. The following areas of the City are included: • Downtown Corpus Christi • Uptown District • North Beach • SEA District Tools anticipated to be developed include: • District Gateways • Vehicular Directional Signs • Parking Directional Signs • Municipal Parking Garage & Lot Identity Signs • Pedestrian Directional Signs • Pedestrian Information Kiosks • Historical/Cultural Information Sign Standards • Banner Standards • Special Events Sign Standards The fabrication and installation will be implemented through separate contract. ALTERNATIVES: 1. Authorize execution of engineering design services contract. 2. Do not authorize execution of engineering design services contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. (FNI) is the design engineer that was selected for the Downtown Road and Streetscape project under RFQ 2014-08, which includes limited Wayfinding. As such, FNI was the most qualified team to complete this project. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $435,000 $435,000 Encumbered / Expended Amount 0 0 This item 251,860 251,860 Future Anticipated Expenditures This Project 183,140 183,140 BALANCE $0 $0 Fund(s): Hotel Occupancy Tax Comments: N/A RECOMMENDATION: City staff recommends approval of a professional services contract with Freese and Nichols, Inc. in the amount of $251,860 for the Tourist Area Amenities — Wayfinding Initiative project. LIST OF SUPPORTING DOCUMENTS: Project Budget AE Proposal Location Map Presentation PROJECT BUDGET ESTIMATE Tourist Area Amenities - Wayfinding Initiative PROJECT FUNDS AVAILABLE: Hotel Occupancy Tax (HOT) 435,000 TOTAL FUNDS AVAILABLE $ 435,000 FUNDS REQUIRED: Construction N/A Fabrication and Construction to be completed through separate contract N/A Contingency (10%) N/A Construction Inspection and Testing 6,000 Construction Inspection (Estimate) 5,000 Construction Phase - Materials Testing Services (estimate) (TBD) 1,000 Design: Engineer (Freese and Nichols) THIS ITEM 251,860 Reimbursements and Staff Augmentation: Total Reimbursements 22,200 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 8,700 Engineering Services (Project Mgt/Constr Mgt) 13,000 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 280,060 * ESTIMATED PROJECT BUDGET BALANCE $ 154,940 * Remaining balance will be used for fabrication and installation of signs. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17072 Tourist Area Amenities - Wayfinding Initiative The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBITS Page 1 Rev. 17-9 KAENGINEERING DATAEXCHANGE ANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt -attached mit-F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3"d party owners/operators. Page 2 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTIE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $251,860. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, , with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 17-9 KIENGINEERING DATAEXCHANGEVWGIEMITOURISTiE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE -2017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of years beginning on the Effective Date. The Agreement may bo appreved-Ghang86. Page 4 Rev. 17-9 K 1ENGINEERING DATAEXCHANGE'ANGIEMITOURISTVE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVB2017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 17-9 KIENGINEERING DATAEXCHANGE1ANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES. DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev. 17-9 KIENGINEERING DATAEXCI IANGEWNGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages; the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTlE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 10.2 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Page 8 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURIST\E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to fling any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attomey's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 17-9 K:IENGINEERING DATAEXCHANGEIANGIEMITOURISTE17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE12017 0907 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate ofcompensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:l/www.ethics.state.tx.us/whatsnewlelf info form1295.htm. The form must then be printed, signed, Page 10 Rev. 17-9 KIENGINEERING DATAEXCHANGE ANGIEMf1TOURIST\E17072 TOURIST AREA AMENITIES WAYFINGIND INITIATIVE\2017 0907 CONTRACT PROFESSIONAL SERVICES DOC notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46. html. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Jeff H. Edmonds, P. E. Date Rn Guzman, P.E. Date Director of Engineering Services 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office ron.guzman@freese.com APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project Number E17072 Accounting Unit 1030-13817-734 Account 530000 Activity E17072011030EXP Account Category 30000 Fund Name Hotel Occuoancv Tax Fund Page 11 Rev. 17-9 KIENGINEERING DATAEXCHANGEIANGIEMITOURIST1E17072 TOURIST AREA AMENITIES WAYFINGIND INITIAT1VE12017 0907 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {{Insert Proposal & Scope of Services from A/E}} Contract for Professional Services Exhibit A EXHIBIT "A" Page 1 of 11 I irn ZEUS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com September 7, 2017 Mr. Chris Hale Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 RE: Proposal for Tourist Area Amenities — Wayfinding Initiative City Project Number E17072 Mr. Hale: Freese and Nichols, Inc. (FNI) is pleased to submit this professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of design of new wayfinding signage for the greater Downtown area. The project area includes downtown area streets as well as Uptown, North Beach, and the SEA District. While the developed Wayfinding standard can be applied City-wide, the design for wayfinding signage installation will be limited to only those locations at this time. PURPOSE As directed by Alyssa Barrera with the City Manager's Office, the purpose of this project is to design and implement a Wayfinding System for the Downtown area. This Wayfinding System will be designed to create a consistent practical network for navigating the community, while supporting the unique branded identities for each area within the greater Downtown. New Wayfinding system goals • Emphasize Downtown as a Destination • Highlight Key Attractions • Enhance the User's Experience • Improve Mobility • Integrate a Range of Navigation Took • Reinforce Community Identity • Enhance Urban Design • Develop a System that can be implemented BASIC SERVICES 1.1 SCOPE OF BASIC SERVICES 1.1.1 The Consultant shall perform as Basic Services, experiential graphics including Wayfinding and Signage Schematic Design, Design Development and Programming, Design Intent Mr. Hale Page 2 September 6, 2017 Documentation, Wayfinding Assessment, Sign Standards Manual, and Implementation Planning services. These services do not include mechanical, electrical, or other engineering services. These services do not include preparing or retaining a subconsultant to provide Language Translation services. 1.1.2 The following areas of the City are included: Downtown Corpus Christi Uptown District North Beach SEA District 1.1.3 Tools anticipated to be developed include: District Gateways Vehicular Directional Signs Parking Directional Signs Municipal Parking Garage & Lot Identity Signs Pedestrian Directional Signs Pedestrian Information Kiosks Historical/Cultural Information Sign Standards Banner Standards Special Events Sign Standards 1.1.4 Elements not included in this scope are a certified GIS mapping system, DOT signage, Municipal Parks & Recreation sign system, Cyclist specific signage, signage prototypes, and a finished map for web, print or pedestrian signage. 1.2 GENERAL RESPONSIBILITIES OF THE CONSULTANT 1.2.1 The Consultant shall coordinate its services with the Owner and others as may be necessary and requested by the Owner to the extent that the Consultant's services relate to the other consultant's services. 1.2.2 The Consultant shall attend project planning and design work sessions, and presentation meetings and shall prepare written meeting reports regarding all discussions pertaining to the graphic services and distribute copies to the Owner and others as may be necessary and requested by the Owner. 1.3 PHASE 1— WAYFINDING AND SCHEMATIC DESIGN 1.3.1 Task 1— Orientation to the Community (3 months) • Attend a kick-off meeting with the City Representatives to understand the goals and vision for the Project. • Conduct and lead working sessions with stakeholder groups (2 -day maximum, late afternoon or evening sessions, small groups at 1 hour each). • Receive and review Summary documentation of related work accomplished to date. IEXHIBIT "A" I Page 2 of 11 Mr. Hale Page 3 September 6, 2017 • Gather aesthetic, functional and budget input from City Representatives, and others, including the Cyclist Sign Designer. • Identify "Best Practice" concepts to be employed in the design of the system. • Research current City -owned sign making/maintenance equipment for methods and capabilities, if any. • Conduct a general photographical survey of existing wayfinding signage and conditions. (Downtown only) • Analyze circulation patterns for drivers, cyclist, commuters, pedestrians, and tourists. (Downtown only) • Identify and record locations of key landmarks, gateways, pathways and destination. (Downtown only) • Develop a routing plan leading to all identified key landmarks and destinations. (Downtown only) • Prepare a preliminary hierarchy for element types based on purpose, location, and function. • Develop a plan of approach to solving the wayfinding issues identified. • Develop preliminary element location plans and element descriptions required to define the scope. • Research and define opportunities for technological links, such as the Corpus Christi Conventions & Visitors Bureau maps, websites and visitor information distribution systems, including customizable map templates. • Prepare presentation materials. • Present Wayfinding Assessment and approach to the City Representatives, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available, 1.3.2 TASK 2 —Schematic Design • Research historic, architectural and environmental factors to develop design aesthetics. • Review the Branding guidelines of the City. • Refine the element hierarchy list as needed. • Prepare preliminary vehicular and pedestrian destination lists (Downtown only), to be reviewed by City Representatives and the destinations. • Prepare schematic concepts (2-3 options) based on limited number of sign types, including purpose, sample message, size, format, typography, illumination, color/finish, support mechanisms, and material options. Designs will take into account TMUTCD sign standards. • Prepare a preliminary production cost estimate of the schematic concepts illustrated. • Present design concepts and cost estimates to the City Representatives and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available. 1.4 PHASE 2 — DESIGN DEVELOPMENT 1.4.1 TASK 1— Design Development • Incorporating the City's comments, develop one design concept to show the "family" of signs, illustrating each sign component. IEXHIBIT "A" 1 Page 3 of 11 Mr. Hale Page 4 September 6, 2017 • Review the signage concept with regulatory agencies having jurisdiction over right-of-ways, codes and ordinances, historical buildings and areas, or visual characteristics of the signage. Incorporate appropriate input into the signage concept. • Prepare preliminary sign location plans and message schedule for known element locations. A two (2) submission process will be coordinated for review and approval by City Representatives, and the destinations. [Location Plans will be created in Adobe Illustrator software, and the Message Schedule will be provided in Filemaker Pro software.) • Obtain a couple of fabricator cost estimates for the entire "family" of signs, and prepare a revised sign system cost estimate based off preliminary programming. • Prepare a draft of the Sign Standards Manual. • Present the concept to the Owner and others as may be necessary and requested by the Owner. A maximum of 3 hardcopies will be provided. Electronic copy will be made available. • Sign location plans and message schedule submittals (2) will be provided concurrently through this phase. 1.5 PHASE 3 — FINAL DOCUMENTATION 1.5.1 TASK 1— Design Intent Documentation (3 Months) • Finalize design concept of all required sign types. • Prepare design intent documents for each element type required. • Obtain Structural Engineer drawings and calculations of all required sign types. • Coordinate with City representative to finalize power and structural drawings as needed. • Develop bid documents templates including unit price sheets and submittal requirements such as samples, bonds, guarantees, product information, maintenance manuals, and Specifications Section CSI 1014 CO. • Continue creating the Sign Standards Manual document. • Review the Manual with the City, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available_ 1.5.2 TASK 2 — Finalize Location Plans & Message Schedule (Downtown only) • Field survey sign locations with City representative(s) and other required agencies (approx. 50 locations per day, maximum 3 days). This does not include field mark -outs at this time. • Finalize location plans and message schedule of all required sign types. • Deliverable: Location Plans to be tabloid size (11x17), with overall and quadrant close-ups on City street plans. The photographic survey will accompany the document. Message Schedule to be letter size (8.5X11), including all messages and terminology. • Review the Location Plans and Message Schedule with the City, and others as may be necessary and requested by the Owner. A maximum of 3 hard copies will be provided. Electronic copy will be made available. 1.5.3 TASK 3 — Phasing Plan • Develop optional plans for implementation based on identified priorities, budgets and/or element types. • Provide an estimated timeline of construction based an various identified construction scopes. EXHIBIT "A" I Page 4 of 11 Mr. Hale Page 5 September 6, 2017 • Identify the scope of the Initial Construction Implementation Project for which Construction Administration Services are to be provided. • Provide specifications for on-going element maintenance, cleaning, replacement, and landscape maintenance recommendations. • Finalize the Sign Standards Manual including: - Format, Program Description, Inclusion Criteria - Graphic Standards and Brand Mark usage - Element Design Intent Documents - General Specifications - Element Selection and Location Criteria and Guidelines - Maintenance and Replacement Guidelines • Present the Phasing Plan and Sign Standards Manual to the City, and familiarize their Representatives on the Manual usage. ARTICLE 2: ADDITIONAL SERVICES (Not in Scope) 2.1 The following services shall be Additional Services and not included in the scope of services and the Consultant shall be compensated for such services according to the Prime Agreement, or as otherwise agreed: 2.1.1 Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with approvals or instructions previously given by the Owner, or by adjustments in the Owners' program or Project budget; or required by the enactment or revision of applicable laws or codes. 2.1.2 Providing services as necessary for the preparation of digital vector artwork made necessary as a result of any change made by the Owner in scope or concept selection of the Project. 2.1.3 Providing or retaining a Language Translation sub consultant for the project, should the City not provide translation services. FEE Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following fees listed below: EXHIBIT "A" Page 5 of 11 Task Deliverable Approximate Delivery Date Fee 1.3.1 Wayfinding Assessment (Lump Sum) Wayfinding Assessment Report 6 weeks from NTP $ 79,313 1.3.2 Schematic Design (Lump Sum) Design Concepts and Cost Estimates 10 weeks from NTP $ 11,592 EXHIBIT "A" Page 5 of 11 Mr. Hale Page 6 September 6, 2017 1.4.1 Design Development (Lump Sum) Draft Sign 17 weeks from $ 13,421 Standards NTP Manual 60% Design 17 weeks from $20,769 Submittal NTP 1.5.1 Design Intent Documentation (Lump 100% Design 24 weeks from $62,851 Sum) Submittal NTP 1.5.2 Finalize Sign Standards Manual (Lump Final Sign 28 weeks from $ 63,914 Sum) Standards NTP Manual Sincerely, Ron Guzman, P. Principal, Corpus Christi Office cc: Kirk Millican, Winston Silva, Shane Torno IEXHIBIT "A" Page 6 of 11 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Tourist Area Amenities — Wayfinding Initiative City Project No. E17072 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-NE (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Prepare preliminary opinions of probable construction costs for the recommended improvements. e) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. f) Identify and recommend public outreach and community stakeholder requirements. g) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of govemmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. 6. Provide anticipated index of drawings and specifications. h) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. L•IResource AOLCR C Coipus Qu C - Twee Area Amenities - Wayttncring Initialhrel2 EXHIBIT A LARGE AE REVISED.doc I EXHIBIT "A" I Page 7 of 11 i) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. j) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department, e) Applicable Master Plans and GIS mapping are available on the City's website. f) The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. c} Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. f) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. LaResources\OLCRIC',Carpus ChristaCOCC • Tourist Area Amenities - Way riding Initi ative52 EXHIBIT A LARGE AE REVISED.Ooc IEXHIBIT "A" Page 8 of 11 I EXHIBIT "A" I Page 9 of 11 g) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. h) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. NA a) 4. Construction Administration Phase. NA B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. NA 2. Right -of -Way (ROW) Acquisition Survey. NA 3. Topographic Survey and Parcel Descriptions NA 4. Environmental Issues. NA 5. Public Involvement. NA 6. Subsurface Utilitv Investigation. NA 7. Construction Observation Services. NA 8. Start-up Services. NA L: Resourew!CLCR1C\Corpun Christi1000C - Tourist Area Amenities - Wayfinaanp initiative2 EXHIBIT A LARGE AE REVISED.doc 9. Warranty Phase. NA Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity TBD NTP NTP + 6 weeks Wayfinding Assessment NTP + 10 weeks Schematic Design NTP + 13 weeks City Review NTP + 18 weeks Draft Sign Standards Manual Submittal NTP + 21 weeks City Review NTP + 17 weeks 60% Design Submittal (Downtown Area only) NTP + 20 weeks City Review NTP + 24 weeks 100% Design Submittal NTP + 27 weeks City Review NTP + 28 weeks Final Sign Standards Manual Submittal NTP + 31 weeks City Review NTP + 34 weeks Final Design Submittal III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. NA L•1Resourcei LCR1C.Corpus CRrtstI COCC - Tourist Area Amentftas • WaytlncEng In 1Ietivel2 EXHIBIT A LARGE AE REVISED.doc EXHIBIT "A" Page 10 of 11 Summary of Fees Basic Services Fees 1. Preliminary Phase $ 90,905 2. Design Phase $160,955 3. Bid Phase NA Subtotal Basic Services Fees $251,860 Additional Services Fees (Allowance) 1. Permit Preparation NA 2. ROW Acquisition Survey NA 3. Topographic Survey and Parcel Descriptions NA 4. Environmental Issues NA 5. Public Involvement NA 6. Subsurface Utility Investigation NA 7. Construction Observation Services NA 8. Start-up Services NA 9. Warranty Phase NA 10. Installation (Time and Materials) NA Sub -Total Additional Services Fees Authorized NA Total Authorized Fee $ 251,860 L•1Rasowces\CLCR1GlCorpus ChriwICCCC • Tourist Area Amenities - Wayananp Initiativa52 EXHIBIT A LARGE AE REVISED.doe IEXHIBIT "A" I Page 11 of 11 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 08 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 0727100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0°% 0 0 1,627 1,627 0 0 0 0°% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 3500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 312,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: Contract for Professional Services Exhibit C City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Exhibit C EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D e;11 Cory of 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 FIRM IS: 1. Corporation 134 4. Association CITY: Corpus Christi 2. Partnership 5. Other e zip: 78401 3. Sole Owner 0 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) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 NIA 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)j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: Z,21,, 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, mist, 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 form, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-257740 Date Filed: 09/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 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. #17072 Professional engineering design services for new wayfinding signage for the greater Downtown area. 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 Coltharp, Brian Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT t swear, or affirm, under li) 2 penalty of lemil4 penury, that the above disclosure is true and correct. A 7 Signatult of au orized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE � Sworn to and subscribed before me, by the said QYi G L,L-Le ' f , this the 7141 day ofSaIrteil'Y1 beir 20 11 , to certify which, witness my hand and seal of office. • ' USA. KO'fart PLLi'(iL ms'" Signatu of officer a• inistering, :.7 Printed name o affic r inistering oath Tit of fficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion v1.u. Christi anal Drt 44€5 PROJECT LOCATION E 47 ci 2 DA 24441 CorpCorpiiChristi Spj0 47.3 LOCATION MAP NOT TO SCALE SCALE: N.T.S. Wad l.,Iand '3: -ti's NAS Run Pp! Project Number: E17072 Tourist Area Amenities Wayfinding Initiative CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Tourist Area Amenities Wayfinding Initiative Corpus Chr sti Engineering Council Presentation September 12, 2017 Project Vicinity �hrsti Engineering Texas State Aq Ito TOURIST AREA AMENITIES WAYFINDING INITIATIVE Corpus Chry... 1 Sitt SCALE: NI N. Project Location Lo) Corpus Chr sti Engineering TOURIST AREA AMENITIES WAYFINDING INITIATIVE t SCALE NTS • Crosstown Water's Edge/Bayshore Park Marina Arts District Arth Beach WAYFINDING FOCUS AREAS 3 Project Scope Corpus Chr sti Engineering Improvements to downtown streetscape (Laredo, Agnes, and Mesquite area and/or People and Lawrence Street) including the following: • Wayfinding signage and gateways • Visibility enhancements > New trash cans and recycle bins > Vegetated planters > Light pole medallions > Benches > Miscellaneous (other) • Project public outreach and coordination with DMD Project Scope a1/1 Cous Chr s Comps ti Engineering Tools anticipated to be developed include but are not limited to: • District Gateways • Vehicular, Parking, and Pedestrian Directional Signs • Municipal Parking Garage & Lot Identity Signs • Pedestrian Information Kiosks • Historical/ Cultural Information, Banner, and Special Events Sign Standards Wayfinding in Texas ‘11111. ‘._ Corpus Chr sti Engineering 6 Wayfinding in Texas �hrstii Engineering Texas Ranger Museum Tourist Info Center lEfl Baylor Linty Visitors Centea. Texas Sports Museum SW Region Uttle Leagut Ferrell Center Wayfinding in Corpus Christi �hrsti Engineering Out of Date and Complete References; Lack of Hierarchy Project Schedule ‘11111. ‘._ Corpus Chr sti Engineering 2017 2018 Design May Installation Wayfinding Initiative Estimate: Oct 2017 - Sep 2018 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 19, 2017 Second Reading Ordinance for the City Council Meeting of September 26, 2017 DATE: September 7, 2017 TO: Margie C. Rose, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Adoption of Proposed FY 2017-2018 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2017-2018 beginning October 1, 2017; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget: "Motion to ratify the property tax increase reflected in the FY 2017-2018 Operating Budget, that will raise more revenue from property taxes than in the previous fiscal year, as reflected in the adopted budget." BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 26, 2017 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X 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 876,546,131 876,546,131 BALANCE 876,546,131 876,546,131 Fund(s): All Operating Funds -Expenditures Comments: Total proposed expenditures are $876,546,131 and total proposed revenues are $880,104,035 which includes an increase of $4,034,005 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2017-2018 Budget Ordinance Schedule of Amendments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2017-2018 BEGINNING OCTOBER 1, 2017; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2017, and ending September 30, 2018, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $876,546,131 and estimated revenues amounting to $880,104,035 for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 436* Police Lieutenant - 39 Police Captain - 16 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY17-18 TOTAL 499 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 110* Firefighter 11 —EMS — 133 Firefighter 11 — Engineer - 73 Fire Captain - 79 Battalion Chief - 13 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY17-18 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opal PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2017-2018 Proposed Budget TOTAL PROPOSED REVENUES TOTAL PROPOSED EXPENDITURES SPECIAL REVENUE FUNDS 880,104,035 876,546,131 Reinvestment Zone No. 2 - 1111 Proposed Expenditures Adjustments: Removal of Funding for Packery Patrol Total Adjusted Expenditures $ 1,487,496 (89,500) 1,397,996 Visitors Facilities - 4710 Proposed Expenditures Adjustments: Transfer to Arena Fund Total Adjusted Expenditures $ 11,753,236 1,222,916 12,976,152 TOTAL PROPOSED AMENDED REVENUES TOTAL PROPOSED AMENDED EXPENDITURES $ 880,104,035 $ 877,679,547 1sT READING September 19, 2017 PROPOSED OPERATING BUDGET FY 2017-2018 EMPLOYEES EMPLOYEES (in FTEs) General Internal Service Enterprise Special Revenue Subtotal Grants Total 1,761.2 299 738.4 297.1 3,095.7 111.23 3,206.93 1,762.71 298 737.4 310.8 3,108.9 111.23 3,220.13 1,741.71 2901 742.41 293.21 3,067.3 111.23 3,178.53 FY 2017-2018 PROPOSED REVENUE REVENUE FY 2015-2016 ACTUALS FY 2016-2017 ESTIMATED General Fund Internal Service Enterprise Special Revenue Debt Service TOTAL 232,507,749 86,890,653 283,283,043 105,535,$25 213,343,810 $921,561,o81 230,260,997 95,080,366 292,769,955 118,580,743 124,443,737 $861,135,797 _M _=_ 237,279,000 107,912,423 307,385,032 108,553,246 118,974,334 $880,104,035 TOTAL EXPENDITURES DEPARTMENT FY 2015-2016 ACTUALS FY 2016-2017 BUDGET FY 2016-2017 ESTIMATED FY 2017-2018 PROPOSED General Fund Internal Service Enterprise Special Revenue Debt Service TOTAL 232,261,115 92,518,029 272,180,889 84,831,983 210,120,214 $891,912,230 %I 261 10 301 10 24 l00% 236,744,888 114,762,810 326,821,970 140,214,231 124,101,966 $942,645,865 %I 25 12 35 15 13 l00% 233,780,750 107, 972,117 315,276,380 121,255,849 123,849,573 $902,134,669 26 12 35 13 14 l00% 237,279,000 112,173,529 309,034,834 95,834,204 122,224,564 $876,546,131 %I 271 13 35 111 14 l00% SUMMARY OF PROPOSED AMENDMENTS • Special Revenue Funds Expenditures: Reinvestment Zone II $(89,500) KEY DATES September 26, 2017 2nd Reading & Final Adoption of Operating Budget AGENDA MEMORANDUM First Reading for the City Council Meeting of September 19, 2017 Second Reading for the City Council Meeting September 26, 2017 DATE: TO: September 5, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $51,920.42 for the Violence Against Women Act (VAWA) Program within the Police Department with a cash match of $12,926.93 and an in-kind match of $8,280.00 for a total project cost of $73,127.34; appropriating the $51,920.42 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $12,926.93 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. PURPOSE: Year 18 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $51,920.42 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $8,280 in-kind contribution, and the City contributes $12,926.93 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2017 — 8/31/2018. ALTERNATIVES: None OTHER CONSIDERATIONS: 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 Encumbered / Expended Amount This item $12,926.93 $12,926.93 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $51,920.42 for the Violence Against Women Act (VAWA) Program within the Police Department with a cash match of $12,926.93 and an in-kind match of $8,280.00 for a total project cost of $73,127.34; appropriating the $51,920.42 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $12,926.93 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $73,127.34. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $51,920.42 to continue the Violence Against Women Formula Grant (VAWA) grant within the Police Department with a cash match of $12,926.93 and an in-kind match of $8,280.00 for a total project cost of $73,127.34. SECTION 2. That $51,920.42 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of $12,926.93 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $73,127.34. 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 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and 'Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter 1 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department ofJustice, the current applicable version of the Department ofJustice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: 1517119 Date Awarded: 8.30.2017 Grant Period: 09,0112017 - 03.31 2018 Liquidation Date: 06129,2018 Program Fund: WF -Violence Against Women Formula Grants Grantee Name: Corpus Christi, City of Project Title: Victim Assistance Program Grant Manager: Donald Stout DUNS Number: 069457786 CFDA: 16.588 - Violence Against Women Formula Grants Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: U.S. Department ofJustice, Office on Violence Against Women 9:27.2016 2016 -WF -AX -0034 $10,698,475.00 Texas Office of the Governor Criminal Justice Division (CJD) Is the Award R&D: No $51,920.42 $12,926.93 $8,280.00 $73,127.35 https://egrants.gov.texas.govlproject/awardstatement.aspx?i2=4&i 1=8&gh=B4-6D-56-5D-7... 9/6/2017 Office of the Governor Page 2 of 2 Federal/State The STOP Program continues to encourage the development and implementation of effective, victim Award Description: centered law enforcement, prosecution, and court strategies to address violent crimes against women and the development and enhancement of victim services in cases involving violent crimes against women. It envisions a partnership among law enforcement, prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&11=8&gh=B4-6D-56-5D-7... 9:"612017 Date Hold Hold Line Condition of Funding / Project Requirement Created Date Met Project Item Funds Funds Other Condition of Funding. Please note the grant end date has been changed to 3/31/2018 due to the end of the federal fund block. CJD will request an extension of the fund block to accommodate the full 12 month grant period. If the extension is granted, the end date will be extended to 8.31'2018. If we have not received an extension by the new grant end date, extension may be processed through 6/30/18 with a 30 day liquidation 6.7'2017 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&11=8&gh=B4-6D-56-5D-7... 9:"612017 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 19, 2017 Second Reading Ordinance for the City Council Meeting of September 26, 2017 DATE: September 5, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Accepting and appropriating the State 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $11,241.00 for the State FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and appropriating the $11,241.00 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: This grant is the State solicitation part of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. It is a different solicitation from the Local JAG GRANT. Applications are submitted to the State Criminal Justice Division and the local COG sets priorities for the grants. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: Law enforcement programs • Prosecution and court programs Prevention and education programs • Drug enforcement programs Corrections, community corrections and reentry programs Technology improvement programs System assessment and program evaluation The funds will be used to enhance law enforcement efforts. 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 Encumbered / Expended Amount This item $11,241.00 $11,241.00 BALANCE $11,241.00 $11,241.00 Fund(s): Police Grants Fund Comments: There is no match required by the City. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $11,241.00 for the State FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and appropriating the $11,241.00 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division through the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $11,241.00 for the State FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $11,241.00 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department. 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 City Secretary Joe McComb Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOCA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and 'Budget/Details' tabs. 13y accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the 000 Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter 1 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the 000 was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department ofJustice, the current applicable version of the Department ofJustice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: 3358801 Date Awarded: 8 302017 Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 10'012017 - 09: 30.2018 12/29:2018 DJ -Edward Byrne Memorial Justice Assistance Grant Program Corpus Christi, City of Edward Byrne Justice Assistance Grant Sylvia Garcia 069457786 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: S11,241.00 $0,00 50.00 $11,241.00 16.738 - Edward Byrne Memorial Justice Assistance Grant Program U.S. Department ofJustice, Office ofJustice Programs, Bureau ofJustice Assistance 9.23,'2015 2015 -DJ -BX -0956 $12,350,323.00 Texas Office of the Governor _ Criminal Justice Division (CJD) No The purpose of this program is to reduce crime and improve the criminal justice system. https://egrants.gov.texas.govfproject/awardstatement.aspx?i2=4&i 1=8&gh=02-DF-E0-35-7... 9/5/'2017 Office of the Governor List or Pust-Award Conditions of Funding and Other Fund -Specific Requirements Page 2 of 2 Condition of Funding : Project Requirement Date Created Date Met Hold Project Funds Hold [ m Funds Resolution: Applications from nonprofit corporations, local units of governments, and other political subdivisions must submit a resolution electronically using the 'Upload' function in the eGrants system. The resolution must contain the following: 4.1712017 • Authorization by your governing body for the submission of the application to 000 that clearly identifies the name of the project for which funding is requested; • A commitment to provide all applicable matching funds; • A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update OOG should the official change during the grant period.); and • A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to 000. System of Award Management (SAM): Registration with SAM is required by all 000 applicants. Applicants are required to maintain current registrations in the System for Award Management (SAM) database. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. Applicants must update or renew their SAM registration at least once per year to maintain an active status. Information about registration procedures can be accessed at http://www.sam.gov/. 6'9'2017 8 30 20I7 https://egrants.gov.texas.gov/proj ect/awardstatement.aspx?i2=4&i1=8&gh=02-DF-E0-35-7... 9/5/2017 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 19, 2017 Second Reading Item for the City Council Meeting of September 26, 2017 DATE: September 11, 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, Public Works ValerieG@cctexas.com (361) 826-3729 Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Ordinance Appropriating Fund Proceeds Fiscal Year 2016 - 2017 CAPTION: Ordinance appropriating amounts of: (a) $29,800.19; (b) $1,328,756.52; (c) $1,822,527.28; (d) $112,416.90; and (e) $172,471.79; into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 to increase expenditures accordingly. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued from June 1, 2016 through June 30, 2017 in the City's respective Capital Improvement Program Funds. BACKGROUND AND FINDINGS: This agenda item is a routine practice to efficiently manage City finances and provides additional funds which can be used for approved projects within the funds from which earned and debt service payments. It also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). Miscellaneous funding for this year includes bond claims, street assessments collected, and property rental revenue for construction yard site. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 16-17 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 3, 465, 972.68 3, 465, 972.68 BALANCE 3, 465, 972.68 3, 465, 972.68 Fund(s): This item will appropriate $3,465,972.68 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One - Appropriations Ordinance Ordinance appropriating amounts of: (a) $29,800.19; (b) $1,328,756.52; (c) $1,822,527.28; (d) $112,416.90; and (e) $172,471.79 into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets, and as further detailed in Attachment 1; changing the FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 to increase expenditures accordingly. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $29,800.19 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $1,328,756.52 in Bond Proceed interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council and/or the payment of debt service. Section 3. An amount of $1,822,527.28 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4. An amount of $112,416.90 in Specialty Bond Proceed interest earnings, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Energy Efficiency Bonds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and/or as determined by the Type A Board. Section 5. An amount of $172,471.79 in Other Appropriated Funds for street assessments, property rental and project refund is appropriated in the funds as listed in Attachment 1, Section 5 for the repair of city streets and other street expenses to be approved by City Council. Section 6. The FY 2017 Capital Improvement Budget adopted by Ordinance No. 030936 is changed to increase expenditures by $3,465,972.68. PASSED AND APPROVED on this the day of , 2017. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 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: Mayor 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: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel Unappropriated Revenue From Capital Improvement Funds From 06/01/2016 to 06/30/2017 SECTION 1 : AIRPORT Amount 3018 Airport CIP Fund (Capital Reserves) 12,362.24 3019 Airport CIP Fund (Other) 2,487.02 3024 Airport 2000A CIP Fund (Rev) 913.95 3025 Airport 2000B Rev/2012 GO 68.91 3026 Airport 2012 CO CIP Fd 11,980.90 4621 AIRPORT PFC (2) FUND (4621) 1,910.87 4631 Airport CFC 2010 CO CIP fund 76.30 AIRPORT TOTAL 29,800.19 SECTION 2 : BOND PROCEEDS Amount 3126 Bayfront Dev 09 GO CIP (Bnd08) 43,192.61 3160 City Facilities CIP Fund 729.23 3162 Public Fclty 2013 GO Bd 2012 10,117.60 3164 FACMaint CIP 2015 CO 7,333.97 3191 Fire Impry 09 GO CIP Fd(Bnd08) 13,339.03 3341 Police Imp 09 GO CIP Fd(Bnd08) 0.00 3342 Police 2013 GO (Bond 2012) 4,206.89 3359 Public H & S 2004 CIP Fund (CO) 32.86 3365 Sanitary Landfill 2008 CIP(CO) 1,175.84 3366 Public H&S 2013 GO CIP Bd 2012 1,065.09 3367 Landfill 2015 COS 22,915.68 PUBLIC H&S TOTAL 104,108.80 3226 Library 09 GO CIP Fd (Bond 08) 593.37 3182 Convention Center 2010 CIP Fund (CO) 203.20 3280 Park CIP 1,628.71 3289 Park & Rec 2005 CIP Fund (GO) 458.10 3291 Park&Rec 09 GO CIP Fd (Bond08) 1,689.59 3292 Parks & Rec 2010 GO (Bond 08) 4,082.28 3293 Parks & Rec 2013 GO (Bd 2012) 69,716.10 3294 Park and Rec 2015 GO (Bd 2014) 45,593.98 PARK TOTAL 123,168.76 SECTION 2 : BOND PROCEEDS (continued) Amount 3530 Street CIP Fund 3,410.57 3541 Street 2005 CIP Fund (GO) 12,129.58 3545 Street 08 TN CIP Fund (NT) 758.80 3546 Street 09 GO CIP Fd (Bond 08) 20,568.73 3548 Street 2012 GO CIP Fd Bond 08 60,866.55 3549 Street 2013 GO CIP (Bd 2012) 230,591.05 3550 Streets 2013 TN (Bd 2014 Dsgn) 17,988.00 3551 Streets 2015 GO BD 14 633,713.10 3552 Street 2016 CO BD 12 106,682.98 3701 Developer Participation Bd2012 13,973.03 STREET TOTAL 1,100,682.39 BONDS TOTAL 1,328,756.52 SECTION 3 : REVENUE BONDS Amount 3480 Storm Water CIP Fund 758.02 3493 Storm Water2012 CIP Fd (RvBd) 3,162.70 3494 Storm Water 2012A CIP Fd RvBd 24,739.85 3495 Storm Water 2012B CIP Rev Bds 115,448.17 3496 Storm Water 2012A CIP (Bd 2012 11,620.89 3497 Storm Water 2013 CIP (Rev Bds) 83,386.38 3498 Storm Water 2013 CIP (Bd 2012) 74,347.08 4525 Stormwtr 09 CIP Fd -(rev bonds) 0.02 4526 StormW 09 CIP Fd -(rev bd 08GO) 1,602.13 4528 StormW 2010A CIP REV tax-exmpt 589.98 4529 Storm Wtr 2010B REV Txbl BAB 3,575.62 4530 STWCP PL Sotrm Wtr 2015 CIP 76,202.50 4531 STWCP PL Sotrm Wtr 2015 CIP (Bd Sprt) 78,779.50 4540 Storm Water Capital Reserves 34,129.49 STORM WATER TOTAL 508,342.33 3600 Gas CIP Fund 6.07 4551 Gas 09 CIP Fund -(rev bd-08GO) 1,560.84 4556 Gas 2012A CIP (bd 2012) 113.22 4557 Gas 2013 CIP (Rev Bds) 1,795.75 4558 Gas 2013 CIP (bd 2012) 1,530.23 4559 Gascp pl gas 2015 cip 16,859.56 4560 Gas Cap Resv 1,516.06 4561 Gascp pl gas 2015 cip (Bd Sprt) 7,538.33 GAS TOTAL 30,920.06 SECTION 3 : REVENUE BONDS (continued) Amount 4080 Water CIP Fund 17,186.96 4088 Water2012 CIP Fd (RvBd) 3,070.09 4089 Water 2012A CIP Fd (RvBd) 39,886.26 4091 Water 2012B CIP Fund (Rev Bds) 53,533.81 4092 Water 2012A CIP (Bd 2012) 3,441.98 4093 Water 2013 CIP (Rev Bds) 124,167.63 4094 Water2013 CIP (Bd 2012) 17,381.12 4095 Water2014 CIP MRP 2 210,774.39 4096 WTRCP PL Water2015 CIP 145,561.51 4097 WTRCP PL Water2015 CIP (bd sprt) 46,248.46 4476 Water 09 CIP Fd (rev bd-08G0) 77.69 4478 Water 2010A CIP REV tax-exmpt 2,080.30 4479 Water 2010B REV Txbl BAB 11,149.49 4481 Raw Water Supply Development Charge CIP 13,021.35 WATER TOTAL 687,581.04 3430 Wastewater CIP Fund 149.05 4247 Wastewater2012 CIP Fd (RvBd) 627.26 4248 Wastewater2012A CIP Fd (RvBd) 9,443.13 4249 Wastewater 2012B CIP (Rev Bds) 91,796.46 4250 Wastewater2006 CIP Fd (Rev Bds) 116.46 4251 Wastewater2012A CIP (Bd 2012) 2,647.40 4252 Wastewater2013 CIP (Bd 2012) 148,643.51 4253 Wastewater2013 CIP (Rev Bds) 15,721.50 4254 WWWCP PL Wastewater 2015 CIP 203,861.90 4255 WWWCP Wastewater 2015 CIP 39,779.98 4501 WasteW 09 CIP Fd-(rev bd-08G0) 760.64 4504 Wastewater 2010B REV Txbl BAB 4,831.91 4510 Wastewater Capital Reserves 77,304.65 WASTEWATER TOTAL 595,683.85 REVENUE BONDS TOTAL 1,822,527.28 SECTION 4 : SPECIALTY BONDS & OTHER CIP Amount 3542 Street 2007A-1 CIP (TMPC GO) 4,862.63 3543 Street 2007A-1 CIP (TMPC CO) 33,504.83 TMPC TOTAL 38,367.46 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 6.30 3271 Seawall System CIP Fund 2,235.11 3272 Seawall Maintenance Reserve Fd 49,204.32 3274 Arena Type A 740.85 SALES TAX BOND TOTAL 52,186.58 3163 Energy Effcny CIP 2014 PPFCO 6,847.16 6,847.16 3278 Packery Channel Projects TIF#2 14,950.23 3234 Marina 65.47 SPECIALTY BONDS & OTHER CIP TOTAL 112,416.90 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Amount 3280 Park Insurance Claim 29,943.70 3530 Street CIP: Street Assessments 67,528.09 3530 Street CIP: Property Rentals 75,000.00 Other Unappropriated Total 172,471.79 GRAND TOTAL 3,465,972.68 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BilIG@cctexas.com (361) 826-3268 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com (361) 826-3169 Document Scanning Services for Development Services CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with MCCi, LLC of Tallahassee, Florida for document scanning services based on the Local Government Purchasing Cooperative dba Buyboard for a total amount not to exceed $135,000. The term of this services agreement is for six months. Funds are budgeted in the Development Services Fund for FY 2016-2017. PURPOSE: The objective of digitizing commercial drawings and documents is to comply with the Texas State Library and Archives Commission (TSLAC) requirement to maintain such documents for the life of commercial buildings. This effort also facilitates document management when responding to public information requests or court-ordered subpoenas expediently. Moving to digitally archiving also protects valuable information from physical damage and degradation from long term storage. BACKGROUND AND FINDINGS: At present, Development Services archives approximately 150,000 large format up to 42" wide plans/drawings, at external storage facilities or in-house storage space. The TSLAC requires municipalities to maintain commercial construction drawings during the existence of a building. The storage, maintenance and retrieval of these documents are ineffective operationally, as well as financially. Designated staff must accommodate requests to travel to an off-site facilities to research for records, on occasion several times a week. Archiving digitally will ensure protection of records with regards to security, inclement weather, disaster recovery and help improve response time to customer or public information requests. Upon approval of this agreement, MCCi has proposed to complete the scanning project in as little as three months. MCCi performs a thorough quality control process after the job has been completed. Each scanned image is inspected for quality, legibility, and accuracy. Steps are taken to ensure each document has been captured, the quality of the scanned image is comparable to the original, and all manual indexing errors have been corrected. After 90 days of project completion, MCCi will dispose of the records according to the terms defined by Development Services. This project includes the following: • Scanning approximately 150,000 large format images, based on an average of 100 pages per map/record. MCCi has provided this type of service for other municipalities throughout the country and locally to Human Resources, City Secretary's Office, and Development Services. ALTERNATIVES: The alternative is to continue to operate utilizing external storage facilities and in-house office space for the storing of documents, keep hard copy construction plans, and continue to research for records through manual labor. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Municipal Information Technology Department Budget Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $212,536.97 $0 $212,536.97 Encumbered / Expended Amount $26,373.14 $0 $26,373.14 This item $135,000.00 $0 $135,000.00 BALANCE $51,163.83 $0 $51,163.83 Fund(s): Development Services Comments: The contract is for an amount not to exceed $135,000. Funds are budgeted in the Development Services Fund for FY 2016-2017. RECOMMENDATION: Staff recommends approval of the motion as presented LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ ITEM I DESCRIPTION PRICE SHEET DOCUMENT SCANNING SERVICES FOR DEVELOPMENT SERVICES 1. Project - Conversion of Documents 2. Excess Images Contingency MCCi MUNICIPAL CODE CORPORATION TALLAHASSEE, FLORIDA QTY. UNIT UNIT PRICE EXTENDED TOTAL 150,000 1 $0.89 $133,500.00 0 Each $0.00 *$1,500 TOTAL $133,500.00 SERVICE AGREEMENT NO. 52056 Document Scanning Services for Development Services THIS Document Scanning Services for Development Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Municipal Code Corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Document Scanning Services for Development Services in response to Request for Bid/Proposal No. N/A ("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 Document Scanning Services for Development Services ("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 six 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 zero additional zero -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 $135,000.00, 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, 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. Page 1 of 7 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: Margaret Castaneda Development Services Department 361-826-3078 Email: MargaretC©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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no Page 2 of 7 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, 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 Page 3 of 7 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: Margaret Castaneda Finance & Resource Management Superintendent 2406 Leopard St., Corpus Christi, TX 78408 Fax: 361-826-3006 IF TO CONTRACTOR: Municipal Code Corporation Attn: Victor D'Aurio Vice President, Operations 1958-A Commonwealth Ln., Tallahassee, FL 32303 Fax: 850-564-7496 17. CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD HARMLESS THE CITY AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS ("INDEMNITEES") FROM ANY AND ALL CONTRACTUAL AND NEGLIGENCE CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ALL EXPENSES OF Page 4 of 7 LITIGATION, COURT COSTS, ATTORNEY'S FEES, AND EXPERT WITNESS FEES) OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION THAT ANY PERSON OR ENTITY HAS OR MAY HAVE DIRECTLY ARISING OUT OF THE BREACH OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTING FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR, OR ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CITY, OR ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS. THE INDEMNIFICATION OBLIGATIONS OF THE CONTRACTOR UNDER THIS SECTION 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. (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 Page 5 of 7 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 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR 1/ 2Z7/4u- Signature: Printed Name: Victor D'Aurio Title: Vice President of Operations Date: 9-15-2017 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. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 SCOPE OF WORK: ATTACHMENT A: SCOPE OF WORK The City will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. The Contractor shall provide scanning services for approximately 1,500 large - format plans and drawings for an estimated 150,000 images. This price includes: document pick-up, scanning, removable hard drive and document destruction. The Contractor shall pick up all the hard copy documents on one trip from Development Services located at 2406 Leopard St. Corpus Christi, Texas 78408 and send them to one of their scanning facilities listed below. Once scanned, the Contractor shall send Development Services a removable hard drive device containing electronic copies of the documents in a format compatible with the City's Laserfiche system. The Contractor shall destroy all scanned documents. Contractor will bill monthly for services rendered throughout the term of the six-month period of the contract. Contractor shall complete 100% of the project within six months of the issuance of notice to proceed. Hard copies will be sent by MCCi to one or more of the following locations: Tallahassee, FL Location 1958-A Commonwealth Lane Tallahassee, FL 32303 Tampa, FL Location 4745 Oak Fair Blvd. Tampa, FL 33610 Waco, TX Location 600 Lake Air Drive Ste 21 B Waco, TX 76701 Page 1 of 1 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM 1. Refer to "Sample Service Agreement" 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 Project I - Conversion of Documents estimated cost, Buyboard #465-14 150,000 each $0.89 X134, 12. S 133,500.0 Excess Images 0 each $0.96 $0 TOTAL 134, 12. 133, 500.00 COMPANY: MCCi Municipal Code Corporation NAME OF PERSON AUTHORIZED TO SIGN: Victor D'Aurio ADDRESS: 1958-A Commonwealth Lane CITY / STATE/ZIP: Tallahassee, FL 32303 PHONE: (800) 342-2633 EMAIL: victor@mccinnovations.com FAX: (850) 564-7496 DATE: 6-2-2017 SIGNATURE: 4/4:(- Z7/-41-24--6 TITLE: Vice President of Operations 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 1 of 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 $1,000,000 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 ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate Page 1 of 3 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 Page 2 of 3 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 Purchasing - Development Services Scanning Project for Conversion and Indexing Services of Records with MCCI 07/07/2017 sw Risk Management Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 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: 2017-242675 Date Filed: 07/28/2017 Date Acknowledged: - J the contract, and provide a 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MCCi, LLC. Tallahassee, FL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. 52056 Document Scanning Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haddock, Russell Fort Worth, TX United States X Barstow, Donny Tallahassee, FL United States X 5 Check only if there is NO Interested Party. ■ 6 AFFIDAVIT OP n LINDSEY N THOMAS * * Com��,,mm,issio�n, GG 109606 7 ExF�W�30,�1 ~1.p O.RA bonded flwM�kfldrYSanf !swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. / / l i AFFIX NOTARY STAMP Swornjtp\and subscribed 20- { 1 , to certify / SEAL ABOVE before me, by the said (/ Signature of authorized agent of contracting business entity • Vt I. k`„f1) U� 1 this the -`' day of j J `� which, witness my hand and 1 seal of office. �f ' 1. tV Y 11 SNa d4 V' �r 1j�r l ♦ nature of 4 -administering S f5c oath Printed na of officer administering oath Title of officer )ministering oath Forms provided by Texas Ethics Commission www.ethicsstate.tx.us VerRir n V1 ARM AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 19, 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 Lease -Purchase of Three Loaders and Two Motor Graders for Beach Operations CAPTION: Resolution authorizing City Manager, or designee, to authorize all documents necessary for the lease -purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50; and ratifying the monthly rental of beach operations equipment for the months of November 2015 through January 2016, and November 2016 through January 2017 from Doggett Heavy Machinery Services, LLC and authorizing extension of the current rental agreement through December 2017. PURPOSE: This item is to approve the lease -purchase of three loaders and two motor graders for Parks and Recreation Beach Operations; and to ratify payments for the additional monthly rental of the existing equipment. BACKGROUND AND FINDINGS: The equipment is needed for everyday operations of the beach maintenance program to maintain roadways and the shoreline of the beach. The current equipment rental agreement for one motor grader and three wheel loaders was approved on February 10, 2015 for 3 consecutive 9 -month terms which started February 1 through October 31 of each year, at a monthly cost of $8,500 for a motor grader and $4,089 per each wheel loader. The current agreement ends October 31, 2017. The City utilized the equipment beyond the original three 9 -month terms. The current rental equipment will be returned and replaced with the new lease -purchase equipment, which is anticipated to be delivered in December 2017. The calculated annual payment amount is $240,125.88 for the new lease -purchase equipment compared to the annual rental cost of $329,604.00. The lease -purchase plan includes a 5 year preventative maintenance package for each piece of equipment. In sum, all additional month-to-month rental payments under the current contract will total $192,269 through December 2017, of which $85,000 is funded in FY2016-17. The remaining cost of $107,269 will be budgeted in FY2017-18. This includes cost for rental of one additional motor grader. ALTERNATIVES: None OTHER CONSIDERATIONS: Financing for the lease -purchase of the three loaders and two motor graders is based on a sixty -month term with an estimated interest rate of 3.65% for an annual estimated payment of $240,125.88. The total estimated cost over the five-year period, including principal of $1,095,925.00 and interest of $104,704.50 is $1,200,629.50. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate for a total not to exceed of $1,201,629.50. The lease - purchase financing will be pursuant to the City's agreement with Frost Bank, which was approved by City Council on February 13, 2013. Total Lease -Purchase for all five pieces of heavy equipment: $1,095,925.00 Total Allowable Interest for Lease: $105,704.50 Grand Total for all five pieces of heavy equipment: $1,201,629.50 CONFORMITY TO CITY POLICY: This lease -purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $85,000.00 $1,308,898.50 $1,393,898.50 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $85,000.00 $1,308,898.50 $1,393,898.50 BALANCE $0.00 $0.00 $0.00 Fund(s): State HOT Beach Comments: The original equipment lease payments through December 2017 total is $192,269, of which $85,000 is funded in FY2016-17. The lease-purchase for a total amount not to exceed of $1,200,629.50, and remaining original equipment lease cost of $107,269.00, for a grand total amount not to exceed of $1,308,898.50 will be requested in future years during the normal budget process. Delivery of the three loaders and two motor graders is scheduled during FY2017-2018. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing City Manager, or designee, to execute all documents necessary for the lease -purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed $1,201,629.50; and ratifying the extended monthly rental of beach operations equipment for the months of November 2015 through January 2016, and November 2016 through January 2017 from Doggett Heavy Machinery Services, LLC and authorizing extension of the current rental agreement through December 2017. Whereas, on January 27, 2015, the City of Corpus Christi ("the City") and Doggett Heavy Machinery Services entered into an agreement for the rental of one motor grader and three wheel loaders ("the Agreement") for total expenditure of $560,709 for beach operations to clean and maintain the public beaches and beach roadways which are necessary for public health and safety; Whereas, the Agreement had a term of three consecutive nine-month terms of February 1, 2015 through October 31, 2015; and February 1, 2016 through October 31, 2016; and February 1, 2017 through October 31, 2017, fora total of twenty-seven months; Whereas, an additional motor grader was needed and rented in addition to the original equipment; Whereas, the City continued to utilized the rented equipment for the full calendar year periods, which resulted in additional six additional months of rental payments to date; Whereas, the City has negotiated a new agreement for new beach operations equipment to be acquired through the City 's lease purchase financing agreement, and which equipment is expected to be delivered in December, 2017; Whereas, continued rental of current beach operations equipment under the current Agreement has been necessary to preserve or protect the public health and safety of the municipality's residents consistent with Texas Local Government Code Section 252.022 (a)(2), and for this reason the City desires to extend the current Agreement until December 2017 until the arrival of the new equipment; Now, therefore, be it Resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the recitals reflected above are true and accurate and hereby incorporated into this Resolution. Section 2. That the City Manager or designee is authorized to execute all documents necessary for the lease -purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50. The new equipment is anticipated to be delivered in December 2017. Section 3. That the additional monthly rentals in November 2015 through January 2016, and November 2016 through January 2017 and the rental of the additional motor grader are hereby deemed necessary to protect the public health or safety of the municipality's residents and said monthly rental payments are hereby ratified. Section 4. That the City Manager or designee is authorized to extend the current Agreement through December 2017 because said equipment is necessary to preserve or protect the public health or safety of the municipality's residents consistent with Texas Local Government Code Section 252.022(a)(2). 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 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET LEASE -PURCHASE OF THREE LOADERS AND TWO MOTOR GRADERS FOR BEACH OPERATIONS TLGPC CONTRACT 515-16 DOGGETT HEAVY MACHINERY SERVICES, LLC CORPUS CHRISTI, TEXAS PRICE EXTENDED PRICE 1. 672G 6WD GRADER 2 EA $281,780.00 $563,560.00 2. 544K QUICK COUPLER, DEERE LOADER 3 EA $177,455.00 $532,365.00 Total Price Estimated Interest $1,095,925.00 $105,704.50 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: August 23, 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: Construction Contract North Padre Island Beach Access Road 2 BOND 2014, Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Mo -Con Services, Inc. of Corpus Christi, Texas in the amount of $446,996.46 for North Padre Island Beach Access Road 2 for Total Base bid plus Additive Alternate No.1 and Additive Alternate No. 2. (Bond 2014, Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for North Padre Island Beach Access Road 3A. BACKGROUND AND FINDINGS: This project was approved as part of Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement projects on November 4, 2014. Beach Access Road 2 is located on North Padre Island starting at STH 361 and extends approximately 1,470 linear feet, to the beach. The project is on Mustang Island, approximately 7.5 miles north of the Park Road 22 / 361 intersection, providing access from 361 to the beach. The access road is experiencing significant distress from age, sand migration and tidal influences. Beach Access Road 3A was bid separately and constructed in March 2017. Construction projects located on the beach require coordination with many governing agencies and committees. Both projects were presented to and sanctioned by: • United States Army Corps of Engineers, • Texas General Land Office, • Nueces County Dune Committee, • Beach Management Advisory Committee, • Island Strategic Action Committee, • Watershore and Beach Advisory Committee, and • City of Corpus Christi Parks and Recreation Department. The Nueces County Dune Committee required construction of Access Road 2 take place in the October 2017 to December 2017 timeframe as part of the Permit requirements to avoid overlapping the construction schedule on Access Road 3A and to avoid the peak tourist season. The project Base Bid provides for replacement of existing Hot Mix Asphalt Concrete (HMAC) roadway with new Portland Cement Concrete (PCC), grading, slope and soil stabilization, pavement markings, and signage within the same location on the beach as the existing roadway. Additive Alternative No. 1 changed the end -treatment from cement stabilized shoulders to altering grade on the final 100' at the shoreline approach. Both treatments were alternatives to mitigate formation of a scour hole at the terminus of the roadway. Additive Alternative No. 2 provides for a new 2" PVC waterline adjacent to the roadway connecting to a gate valve and box near the limit of the project, for a future shower installation. This project is anticipated to take approximately 90 calendar days after the Notice to Proceed is issued. During construction, the contractor is required to provide continual access to emergency vehicles. On August 2, 2017, the City received proposals from three (3) bidders as follows: Contractor Base Bid Additive Alternate 1 Additive Alternate 2 Total Mo -Con Services Corpus Christi, Texas $437,307.59 -$5,661.00 $15,349.90 $446,996.49 Jimmy Evans Company Austin, Texas $401,567.00 -$10,980.00 $74,220.00 $464,807.00 JE Construction Services Corpus Christi, Texas $470,516.00 -$26,840.00 $28,904.00 $472,580.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC is the design engineer that was selected for this project under RFQ 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 $3,549,300 $3,549,300 Encumbered / Expended Amount 643,238 643,238 This item 491,695 491,695 Future Anticipated Expenditures This Project 205,291 205,291 BALANCE $2,906,062 (696,986) $2,209,076 Fund(s): Street Bond 2014, Proposition 2. Comments: RECOMMENDATION: City staff and Govind Development recommend the construction contract be awarded to Mo -Con Services, Inc. in the amount of $446,996.49 for North Padre Island Beach Access Road 2 for Total Base bid plus Additive Alternate No. 1 and Additive Alternate No. 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Form 1295 PROJECT BUDGET North Padre Island Beach Access Roads 2 and 3A Bond 2014, Proposition 2 PROJECT FUNDS AVAILABLE: Street CIP, Bond 2014, Proposition 2 $ 3,500,000 Storm Water CIP 49,300 TOTAL FUNDS AVAILABLE $ 3,549,300 FUNDS REQUIRED: Construction: (Phase 2A) 491,695.00 Construction Road 2 (Mo -Con Services) THIS ITEM 446,996 Contingency (10%) 44,699 Construction Inspection and Testing• 25,826.00 Construction Inspection (Estimate) 17,020 Construction Phase - Materials Testing Services (Tolunay-Wong) 8,806 Design• 152,570 Engineer (Govind) Preliminary Design 49,200 Engineer (Govind) Engineering Design and Amendment No. 1 90,085 Design Phase - Geotechnical Services (Tolunay-Wong) Road 3A and 2 13,285 Desiqn, Construction, Inspection and Testingr 490,668 North Padre Island Beach Access Road 3A (Complete) Reimbursements: Total Reimbursements (Both Projects) 179,465 Contract Administration (Engineering Admin/Finance/Capital Budget) 70,986 Engineering Services (Project Mgt/Constr Mgt/Staff Augmentation) 106,479 Misc. (Printing, Advertising, etc.) 2,000 TOTAL $ 1,340,224 * ESTIMATED PROJECT BUDGET BALANCE $ 2,209,076 NUECES BAY CORPUS CHRISTI PROJECT LOCATION SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI LOCATION MAP NOT TO SCALE GULF OF MEXICO Project Number: E16452 North Padre Island Beach Access Rd 2, Bond 2014, Proposition 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering North Padre Island Beach Access Road 2 Bond 2014, Proposition 2 Council Presentation September 19, 2017 Project Location �hrsti Engineering NORTH PADRE ISLAND BEACH ACCESS ROAD 2 SCALE N.T.S. CORPUS CHRIST PAY E M4DA Vicinity Maps: Bond 2014, Prop 2 North Padre Island Beach Access Roads Corpus Chr sti Engineering Access Road 3A Access Road 2 Complete 3 North Padre Island Beach Access Road 2 - Cross Sections Corpus Christi Engineering TRAVEL LANE TRAVEL LANE EMBANKMENT EMBANKMENT North Padre Island Beach Access Road 2 - Cross Sections Corpus Christi Engineering CONTINUOUSLY REINFORCED CONCRETE PAVEMENT (CRCP) 7" CRCP 2" HMAC 6" CALICHE BASE Project Scope Corpus Chr sti Engineering Improvements for the North Padre Island Beach Access Road 2 will include: • Replacement of existing Hot Mix Asphalt Concrete (HMAC) roadway with new Portland Cement Concrete (PCC), • Grading for surface drainage, slope and soil stabilization, • Pavement markings, and signage. • Additive Alternative No. 1 changed the end -treatment from cement stabilized shoulders to altering grade on the final 100' to mitigate formation of a scour hole at the end of pavement. Project Schedule a1/1 Cous Chr s Comps ti Engineering 2017 A I s [0 I I DI Bid/ Award N Construction Construction Estimate: 90 days qDEVELOPMENT, LLC ENGINEERING DIVISION DVINIJ City of Corpus Christi Engineering Services P.O. BOX 9277 Corpus Christi, TX 78469-9277 Attn: Jeff Edmonds, P.E., Director of Engineering Services Re: NORTH PADRE ISLAND BEACH ACCESS ROAD 2 City of Corpus Christi Project No E16452 (BOND 2014) Letter of Recommendation — Award of Contract Dear Mr. Edmonds, August 4, 2017 We have reviewed the three (3) bids received on August 2, 2017 for North Padre Island Beach Access Road 2 City of Corpus Christi Project No- E16452 (Bond 2014). The project consists of full reconstruction of Access Road 2 including additive alternates to "counter -sink" the new concrete pavement at the beach and install a new waterline for future beach improvements. The bidders were Mo -Con Services, Inc (Mo -Con), Jimmy Evans Company and JE Construction Services. Mo -Con and JE are from Corpus Christi, TX and Jimmy Evans is from Austin, TX. The three (3) bids have been evaluated and a Bid Tabulation has been prepared (see attached). The low bidder is Mo -Con Services, Inc with a Total Base plus Additive Alternate No. 1 and Additive Alternate No. 2 Bid of $446,996.49. We are in receipt of Mo -Con's Statement of Experience (SOE) and Mo -Con has not completed any projects for the City of Corpus Christi in their short existence (est. in 2014). Mo -Con has successfully completed projects for Nueces County and the City of Bishop over the past year and Mo -Con's President, Ruben Moya, has successfully completed projects in 2001 and 2002 for the City of Corpus Christi with his previous company, Moya Construction, Inc. Mo - Con's management team has extensive experience in roadway construction and is suitable for the project. Based upon our evaluation of the bids and SOEs, Govind Development, LLC recommends award of the project to Mo - Con Services, Inc. for the following bid amount: TOTAL BASE PLUS ADD. ALTERNATES 1 AND 2 BID $446,996.49 If you have any questions, or require any additional information, please contact our office. Respectfully, Mr cos Leld Civil Engineer Govind Development, LLC Encl. — Bid Tabulation, Statement of Experience 9510 Leopard St • Corpus Christi, TX 78410 • Ph 361 241-2777 • Fax 361 356-4384 • www.govinddevelopment.com Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 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: 2017-256219 Date Filed: 09/01/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Mo-Con Services, 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. E16452 NORTH PADRE ISLAND BEACH ACCESS ROAD 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. i ,�q'�:.>"¢ , DIANE T. POLLARD _*• ic- ;*I My Notary ID # 130992381 •„e, ,,.' Expires February 3, 2021 AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said / , to ertify which, witness my hand Signature of auth ` rized agent of contractingbusiness entity 9 ben MIL)1 , this the i day of IP20 and seal of office. a. ILo 6 ale / i LLC t ' Lk officer administering oath Title of o ministering oath Signature of officer administering oath Printed name of Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: August 21, 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: Construction Contract Staples Street from Alameda Drive to Morgan Avenue Bond 2014 Proposition 1 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 $3,844,135.12 for Staples Street from Alameda Drive to Morgan Avenue for a total Base Bid 2 (flexible pavement). (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the Staples Street from Alameda Drive to Morgan Avenue Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Staples Street from Alameda Drive to Morgan Avenue — This project includes full -depth repair of the existing undivided four lane roadway. Although this roadway is designated as a A-1 Minor Arterial in the Urban Transportation Plan (four travel lanes with continuous center turn lane), consideration is being given to design the roadway as modified C-3 Primary Collector (four travel lanes) due to existing right-of-way constructions and traffic conditions. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings." Project Scope: This project connects the last 2,000 linear feet of Staples Street (Bond 2012) to the 6 -points intersection segment at Alameda Street, using the available 80' right of way as a C3 collector. On- street parking is preserved with four -lanes of traffic, having no width for a continuous center turn lane. From Public Meeting feedback, local businesses expressed their preference for the 4 -lane option, as opposed to a 3 -lane option with center turn -lane, with subsequent city council approval. Proposed work consists of full -depth reconstruction and underground utilities with no bike lanes, from lip to lip of existing curb and gutter. Recently reconstructed existing sidewalk and curb and gutter will remain. New underground storm water, water, wastewater, and IT will be provided. The new storm water system will be installed beneath the northbound lane, with inlets and laterals placed at existing street -profile low points. Additional minor improvements include pavement markings, gas connections, RTA bus pad, signage, and ADA accessibility. The project was advertised with alternate base bids for both Hot -Mix -Asphalt -Concrete (HMAC) and Portland Cement Concrete (PCC). The Engineering Services policy on making award recommendations when projects are bid with both HMAC and PCC pavements is to recommend PCC if it is within $100,000/lane-mile of the HMAC bid. The total paved area on this project is equivalent to 1.85 lane -miles so the recommendation would be to award the PCC alternative if the PCC bid differential were within $185,000 of the HMAC bid. The low PCC bid was $865,235 higher than the low HMAC bid. Since the bid differential exceeds the additional amount of $185,000 that lifecycle cost analysis would justify paying for PCC, Engineering is recommending the award of Base Bid 2 for HMAC pavement. Morgan Avenue is under current design from Ocean to Crosstown Expressway, and will capture the intersection with Staples Street in the construction sequence, to be deferred until work on Ocean Drive and Christus Spohn Hospital is completed. The 6 -points intersection project will be bid as a stand-alone project after the other project work in the area is nearing substantial completion. The project was developed with two base bids on August 8, 2017, and the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid 1 PCC Base Bid 2 HMAC MAX Underground Construction, LLC Corpus Christi, Texas No Bid $3,844,135.12 Berry Contracting, LLC dba Bay, Ltd. Corpus Christi, Texas No Bid $4,175,836.23 Jhabores Construction Co., Inc. Corpus Christi, Texas $4,709,370.60 $4,526,249.01 Reytec Construction Resources, Inc. Houston, Texas $5,167,453.00 No Bid Engineer's Opinion of Probable Cost $5,443,048.55 $4,315,289.75 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: HDR Engineering, Inc., is the design engineer that was selected for this project under RFQ 2013-01. 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 $607,470 $5,073,630.00 $5,681,100.00 Encumbered / Expended Amount 607,470 0.00 607,470.00 This item 3,844,135.12 3,844,135.12 Future Anticipated Expenditures This Project 815,677.51 815,677.51 BALANCE $0 $413,817.37 $413,817.37 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and HDR Engineering, Inc., recommend the construction contract be awarded to MAX Underground Construction, LLC in the amount of $3,844,135.12 for the total Base Bid 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Form 1295 PROJECT BUDGET ESTIMATE Staples Street Alameda Drive to Morgan Avenue BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1 2,900,000 Storm Water CIP 1,404,147 Wastewater CIP 656,325 Water CIP 700,828 Gas 19,800 TOTAL FUNDS AVAILABLE 5,681,100 FUNDS REQUIRED: Construction Fees: Construction (MAX Underground Construction) THIS ITEM 3,844,135 Streets 1,723,038 Utilities 2,121,097 Storm Water 1,071,080 Water 537,456 Wastewater 492,761 Gas 19,800 Contingency (10%) 384,414 Construction Inspection and Testing Fees 203,021 Construction Inspection (Estimate) 170,433 Construction Materials Testing 32,588 Design Fees 607,470 Engineering Design (HDR) Original and Amendment No. 1 607,470 Streets 307,635 Utilities 299,835 Storm Water 149,918 Water 71,960 Wastewater 77,957 Reimbursement Fees 228,243 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 85,216 Engineering Services (Project Mgt) 142,027 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 5,267,283 ESTIMATED PROJECT BUDGET BALANCE 413,817 SHIP CHANN o 0 o; SCALE: N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E13094 Staples St Alameda St to Morgan Ave (Bond 2014) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war Corpus Chr sti Engineering Staples Street Alameda Street to Morgan Avenue BOND 2014, Proposition 1 Council Presentation September 19, 2017 Project Location STAPLES ST ALAMEDA ST TO MORGAN AVE (BOND 2014) CORPUS CHRISTI BAY TEAS V'TV COR9uS� CHRISTI c.) Corpus Chr sti Engineering SCALE: N.T.S. CORPUS CHRISTI MAW, AM STATON FLOUR BLUFF Project Vicinity �hrsti Engineering Vicinity Projects �hrsti Engineering Staples (Morgan to IH -37) Completed: July 2017 SCALE: N.T.S. STAPLES ST (ALAMEDA TO MORGAN) .I tea. a rAtV ix 'omts ntersection Improvements Estimated Start Date: August 2018 Ayers (Alameda to Ocean) In Construction Estimated Completion Date: May 2018 Alameda (Ayers to Louisiana) In Construction Estimated Completion Date: July 2018 Staples Street Typical Cross Section Cous Chr sti Comps Engineering PARKING TRAVEL LANE TRAVEL LANE TRAVEL LANE TRAVEL LANE PARKING SIDEWALK SIDEWALK i i Staples Street Cross Sections �hrsti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC PRIME COAT 12" LIMESTONE BASE 8" COMPACTED SUBGRADE Project Scope Corpus Ch r sti Engineering 3 -Blocks of full -depth reconstruction retaining existing curb and gutter: • 4 -lane of traffic with on -street parking and no bike lanes (per public meeting) • New storm water, water, wastewater, and IT provided • ADA accessibility and RTA pad • Bid both rigid and flexible • New pavement markings and signage Project Schedule �hrsti Engineering 2017 2018 A s Bid/ Award 0 N D J F M A M J J A s Construction Construction Estimate: 330 days hdrinc.c F�2 August 21, 2017 10020140 Mr. J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Reference: CONSTRUCTION CONTRACT AWARD RECOMMENDATION STAPLES STREET FROM ALAMEDA TO MORGAN AVE, BOND 2014 PROJECT NO. E13094 Dear Mr. Edmonds: HDR Engineering has reviewed and tabulated the bids for the referenced project. There were four bidders for the project; MAX Underground Construction, LLC, Bay Ltd., Jhabores Construction Co., Inc., Clark Pipeline Services, and Reytec Construction Resources, Inc. MAX Underground Construction, LLC was the apparent low bidder, with the following bids: • Base Bid 1 (Rigid Pavement) = NO BID • Base Bid 2 (Flexible Pavement) = $3,844,135.12 As stated above, MAX Underground Construction, LLC (MAX) did not submit a bid for Base Bid 1, which was not a requirement to bid on the subject project, and the low bid was for Flexible HMAC Pavement. MAX personnel appear to have the requisite experience and have performed utility and street construction for private development projects and City of Corpus Christi projects. The HDR team contacted some of MAX's references to elicit feedback, and did not receive any feedback that indicates MAX is not capable of performing the work. Their history of experience illustrates that their projects are increasingly growing in scope and complexity, and the subject project appears to be a good fit for MAX undertake. HDR recommends that the contract be awarded to MAX Underground Construction, LLC, for Base Bid 2 — Flexible HMAC Pavement, in the total amount of $3,844,135.12, provided that funds are available. If you have any questions, please contact our office (361) 696-3300. Sincerely, HDR Engineering, Inc. Anthony Gav ' P.E. Project Manger CC: Chris Hale, P.E. Jerry Shoemaker, P.E. Attachments: 1. Contractor Submittal — MAX Underground Construction, LLC 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401-0849 (361) 696-3300 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: 2017-256147 Date Filed: 00/01/2017 Date Acknowledged: 1 Name of business entity tiling form, and the city, state and country of the business entity's place of business. MAX Underground Construction, LLC Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 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. E.13094 Staples Street from Alameda Street to Morgan Ave (Bond 2014) 4 Name of Interested Party City,State, Country (place of business)(check Nature of interest applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 • FFAVt4„�'�, MARGARET ROSE RUSSO *`.'`4 q. •N.,NotaryPublic, tate of Texas Nof4 y ID 114 11799 / 1 swear, or affirm, under penalty, of perjury, that the above disclosure is true and correct, Sa-4 a AFFIX NOTARY STAMP ( SEAL ABOVE Sworn to and subscribed before me, by the said Maximiliano Signature of authorized agent of contracting business entity Salinas , this the 1st day of September , 20 17 , to certify which, witness my hand and seal of office. Margaret Rose Russo PM 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 V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: TO: Margie C. Rose, City Manager August 31, 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 Water Utilities dang@cctexas.com (361) 826-1718 Jeff H. Edmonds, P.E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Master Service Agreement Indefinite Delivery/Indefinite Quantity (IDIQ) Major Ditch Improvements (Capital Improvement Program) CAPTION: Motion authorizing the City Manager, or designee, to execute a Master Service Agreement (MSA) with Lockwood, Andrews and Newnam, Inc. (LAN) of Corpus Christi, Texas in the amount of $300,000 for IDIQ (Indefinite Delivery/Indefinite Quantity) Major Ditch Improvements. (Capital Improvement Program) PURPOSE: The purpose of this Agenda Item is to authorize an MSA for professional services to develop and implement the IDIQ Major Ditch Improvements project. CIP DESCRIPTION: "The City has approximately 100 miles of major ditches. As part of a programmatic approach to implement lifecycle improvements, this project will identify and prioritize ditch improvements to include re -grading, slope recontouring and stabilization, pilot channels and concrete lining upgrades, and other best management practices. These improvements will address critical upgrades to improve drainage on public and private property, improve public safety, improve water quality, and reduce long term maintenance costs. This is a yearly program that will provide improvements to major ditches located throughout the City to the extent that funding allows." BACKGROUND AND FINDINGS: This project includes evaluation, prioritization, and hydraulic modeling of major ditches to develop construction methodologies and strategies to reduce flooding and maintenance costs. The project also includes preparation of the IDIQ construction documents to implement recommended improvements through multiple Delivery Orders (DO's) "work orders". The DO's will be prepared by the engineer and issued to the contractor based on the contractor's unit bid prices. The MSA contract provides the basic scope, terms, and conditions that govern future DO's. The design engineer will use the FEMA model to evaluate the current conditions and develop the most cost effective strategies to improve the drainage for the specific major ditch. The total DO's will not exceed the MSA contract value and will be administratively authorized by the City Manager or designee. ALTERNATIVES: 1. Authorize execution of a master service agreement. (Recommended) 2. Do not authorize execution of a master service agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This master service agreement and selection process comply with the Professional Procurement Act and City Policy. LAN was selected by RFQ 2016-01. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures (CIP only) Current Year Future Years TOTALS Budget $2,000,000 $2,000,000 Encumbered / Expended Amount 45,660 45,660 This item 300,000 300,000 Future Anticipated Expenditures This Project 145,275 145,275 *BALANCE $1,509,065 $1,509,065 Fund(s): Storm Water CIP #02 Comments: * Balanced will be used for future construction TBD RECOMMENDATION: City staff recommends the master service agreement with Lockwood, Andrews and Newnam, Inc. in the amount of $300,000 for the IDIQ Major Ditch Improvements project. LIST OF SUPPORTING DOCUMENTS: Project Budget Master Service Agreement Location Map Form 1295 Presentation BUDGET WORKSHEET IDIQ Major Ditch Improvements PROJECT FUNDS AVAILABLE: Storm Water CIP Funds $ 2,000,000 TOTAL FUNDS AVAILABLE $ 2,000,000 PROJECT FUNDS REQUIRED: Construction Fees: Construction (Estimate) TBD Contingency (10%) TBD Construction Inspection and Testing Fees. TBD Construction Inspection (estimate) TBD Construction Phase - Materials Testing Services (estimate) TBD Design, Right of Way Acquisition and Plan Review. 345,660 Preliminary Engineering Design (LAN) 45,660 Master Service Agreement (LAN) THIS ITEM 300,000 Reimbursement Fees and Miscellaneous. 145,275 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 57,700 Engineering Services (Project Mgt/Constr Mgt) 86,575 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 490,935 * ESTIMATED PROJECT BUDGET BALANCE $ 1,509,065 * Balanced will be used for future construction TBD CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES For the E12191 IDIQ Major Ditch Improvements This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Lockwood, Andrews and Newnam, Inc. (LAN), a Texas Corporation, 500 N. Shoreline Blvd., Suite 500, Corpus Christi, Texas 78401(Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III QUALITY CONTROL PLAN 4 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. At review milestones, the Consultant and City will review the progress to ensure that City Codes and Standards are followed. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant (in dollars). Changes in Consultant's proposed team as specified in the Scope of Services, SOQ, or other Task Order document must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $300,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. Page 2 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant, does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Page 3 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE \E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $300,000.00 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant, does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Page 3 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE \E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City Codes and Standards in effect at the time of the execution of the Task Order may be rejected. If final construction documents are found not to be in compliance with this Agreement or the Task Order, Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, or employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 4 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal -options upon mutual agrccmcnt of thc particc to be cvidcnccd in writing prior to thc cxpiration datc of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 5 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. Page 6 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. Page 7 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 8 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). 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 that exceed $50,000. 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; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Page 9 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS\MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legalfch46.html. 12.8 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:f/www.cctexas.com/government/city-secretary/conflict-disclosurelindex 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of Articles 1— XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC. g4 6V7 /i Jeff H. Edmonds, P. E. Datefr2--St en A. Gilbreath, P.E. Date Director of Engineering Services Associate 500 N. Shoreline Blvd., Suite 500 Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 882-2257 Office Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary Project No. E12191 Accounting Unit: 3495-043 Account: 550950 Activity: E12191013495EXP Account Category: 50950 Fund Name: Storm Water 2012B Rev Bonds Encumbrance No. Page 10 Rev. 4/7 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\E12191 IDIQ MAJOR DITCH IMPS MSA LOCKWOOD ANDREWS NEWNAM\MSA\2017 0407 MASTER SERVICES AGREEMENT.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Lockwood, Andrews & Newnam, Inc." (Consultant) dated , 2017 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC Jeff H. Edmonds, P. E. Date Steven A. Gilbreath, P.E. Director of Engineering Services Associate 500 N. Shoreline Blvd., Suite 500 Corpus Christi, TX 78410 (361) 882-2257 Office RECOMMENDED Operating Department Date Date Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement �n August 18, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO BOX 9277 Corpus Christi, Texas 78469-9277 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY Re: Proposal for IDIQ Major Ditch Improvements (E12191) Master Services Agreement Dear Mr. Edmonds, The purpose of this proposal is to continue with the overall goal to develop a plan to address observed flooding in the La Voila Creek / Airport Ditch Tributaries and to identify and prioritize ditch improvements throughout the sub -basin which serves the La Colonias, Los Encinos, Molina, West Oso, Old Brownsville Road, Corpus Christi International Airport, CC State School, and Gabe Lozano Sub -Basins, approximately 29 square miles. To mitigate the flooding risks in La Voila Creek tributaries and file revision request to FEMA's preliminary FIRMs, this project provides for the following tasks: • Make use of FEMA model, with revised parameters, for the La Voila Creek tributaries, and if warranted, file a FIRMs revision request to FEMA through the CLOMR/LOMR process; • Prioritize the major ditch (channel) improvement projects within the La Voila Creek tributaries based on the hydraulic modeling results; • Prepare design documents to select construction contractor for major ditch improvements in an approach of Indefinite Delivery/Indefinite Quantity (ID/IQ); • Prepare multiple delivery orders (DOS) — "work orders" to contractor LAN assumes that it is the City's intent to Bid this project using a 3 -year Indefinite Delivery / Indefinite Quantity (IDIQ) contract and LAN will issue Delivery Orders (DO's) to the selected contractor during the Construction Phase for maintenance -related improvements to the Major Ditches in the project area (Reference Attachment A, Exhibit 1). Attachment A details the scope of services required for this proposal. We propose to work this project in a Master Service Agreement (MSA) for a total contract amount not -to -exceed $300.000.00. 500 N. Shoreline Blvd Ste. 500 • Corpus Chnsti Texas 78401 • 361.8822257 • www.landne.com EXHIBIT "B" Page 1 of 16 Jeff Edmonds Major Ditch IDIQ Proposal August 18, 2017 Page 2 Please feel free to contact me at 361-792-7225 or by email at smharris@Ian-inc.com if you have any additional questions. Sincerely, Scott Harris, PE Regional Manager Attachments: A — Scope of Services Cc: Sarah West, P.E., Project Manager EXHIBIT "B" Page 2 of 16 Attachment A Scope of Services IDIQ Major Ditch Improvements (E12191) Tasks 1-5 - Oso Creek (OCB) Basin LaVoila / Airport Ditch Analysis, Recommendations, and Design Situation: For several years, major flooding has occurred along LaVoila Creek near Saratoga Boulevard, including at the Greenwood Wastewater Treatment Plant and within the Las Colonias Subdivision. Multiple studies have been conducted over the past 10 years that have made recommendations to either expand, clear and grub, re -shape, or even line the channel both upstream and downstream of Saratoga; no recommendations have been fully implemented to this date however there are current plans in design to improve the channel south of Saratoga Boulevard. LaVoila Creek is a natural drainage -way in Corpus Christi that drains 34.45 square miles of western Corpus Christi, into Oso Creek. The drainage way is only partially developed as many sections are still meandering and heavily vegetated. Several tributaries of La Voila Creek include: Margaret Kelly Ditch, Saratoga Downs Ditch, and the Airport Ditch (Reference Exhibit 1). These tributaries are affected by the backwater from the LaVolla Creek in flood stage. The Airport Ditch is a concrete -lined major open -channel drainage ditch along the west side of the City that drains approximately 4200 acres or approximately 5000 cfs (peak 100 yr. storm). It extends from its' outfall into LaVolla Creek near Gavilan Street (south) to Horne Road and Airport Road (north). At the Horne Road intersection two additional tributaries contribute to the system: the Horne Road Ditch (west) and the Armory Ditch (east). The La Voila / Airport Ditch system drains several Sub -Basins within the Oso Creek Basin (OCB). These include: La Colonias (OCB-200), Los Encinos (OCB-210), Molina (OCB-220), West Oso (OCB-230), Old Brownsville Road (OCB-240), Corpus Christi International Airport (OCB-241), CC State School (OCB-224), Gabe Lozano (OCB-221), and several smaller sub -basins; totaling approximately 34.45 square miles. In October 2015, The Federal Emergency Management Agency (FEMA) released the preliminary Flood Insurance Rate Maps (FIRMS) and Flood Insurance Study (FIS). As per the FEMA preliminary maps, several areas along and upstream of La Voila Creek and Airport Ditch are now included in either AE Floodway or AE/A0/AH/A99 zones which fall into 1% annual floodplain and mandatory flood insurance purchase is required. In April 2016, the City accomplished general assessment on the preliminary FIRMs proposed by FEMA for the Oso Creek basin. In that assessment report, results from a revised Preliminary hydraulic model indicated an approximate average 3.1 feet water surface elevation reduction in the 1% (100 -year storm) event for Oso Creek basin compared to FEMA's preliminary hydraulic model. Accordingly, the City filed an EXHIBIT "B" Page 3 of 16 appeal to FEMA for revising their preliminary FIRMs over Oso Creek Basin from Oso Bay at Ocean Drive to the confluence of Oso Creek and La Voila Creek. To mitigate the flooding risks in La Voila Creek tributaries and file revision request to FEMA's preliminary FIRMs, this project provides for the following tasks: • Task 1 - Make use of FEMA model, with revised parameters, for the La Voila Creek tributaries, and if warranted, file a FIRMs revision request to FEMA through the CLOMR/LOMR process; • Task 2 - Prioritize the major ditch (channel) improvement projects within the La Voila Creek tributaries based on the hydraulic modeling results; • Task 3 /4 - Prepare design documents to select construction contractor for major ditch improvements in an approach of Indefinite Delivery/Indefinite Quantity (ID/IQ); • Task 5 - Prepare multiple delivery orders (D0s) — "work orders" to contractor This contract is a Master Service Agreement (MSA) to provide the required professional engineering services for the IDIQ Major Ditch Improvements project. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. Exhibits 1— Project Area EXHIBIT "B" Page 4 of 16 Phase 2 -- Detailed Scope of Services The following scope outlines the procedures that Lockwood, Andrews & Newnam (LAN) will follow to provide the required professional services. Project Area: Reference Exhibit 1 I. BASIC SERVICES A. Task 1— Make use of FEMA model, with revised parameters, for the La Voila Creek Basin (approximately 34.45 square miles) 1. Consult with City of Corpus Christi to understand requirements for each Task and review available data. 2. Participate in one (1) Task Kick-off and (2) Progress Meetings with the City staff, prepare the meeting agenda and distribute minutes to attendees within five working days of the meeting. 3. Provide Quality Assurance/Quality Control (QA/QC) measures to verify that all submittals of the project reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. 4. Prepare and submit Monthly Invoices and Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. 5. Advise CITY as to the necessity of providing or obtaining from others data or services, Additional Services (i.e. geotechnical or topographic survey), which are not part of LAN's Basic Services, and assist CITY in obtaining such data and services. 6. Identify and analyze requirements of governmental authorities (i.e. TCEQ, FEMA, etc.) having jurisdiction over the CITY to approve the portions of the Project designed or specified by LAN with whom consultation is to be undertaken in connection with the Project. 7. Data Collection and Field Visits a. Collect and review historical Engineering reports, surveys, and hydrologic & hydraulic models for the project area and its vicinity. LAN shall carefully evaluate each previous study's assumptions, background, data sources, and its applicability to the current task order. b. Make one (1) three-day field visit to the project area to field verify existing conditions. Photographs and field verification of existing conditions of the main creek channels, overbank areas, and structures will be completed during the field visit. Field visit will also be performed to verify the available data collected in the project areas. 8. Existing Condition Hydrologic Modeling — as part of this task, LAN will complete a hydrologic analysis of the project area by using HEC -HMS. Hydrographs corresponding to 10%, 2%, 1%, and 0.2% AEP storm events will be developed from HEC -HMS as boundary conditions for unsteady HEC -RAS model. Tasks involved in this analysis include: a. Delineating Drainage Areas - Drainage areas will be delineated as necessary within the study areas based on the LIDAR data, as -built, survey, and existing plan sets. b. Hydrologic parameters - Hydrologic parameters for drainage areas (Curve Numbers, Clark Unit Hydrograph) are to be determined per the City Drainage Criteria Manual. EXHIBIT "B" Page 5 of 16 This effort could involve using City standards, land -use data, soils data, and aerial imagery. c. Rainfall Storm Event —10%, 2%, 1%, and 0.2% AEP will be computed by using rainfall depth values listed in the City's Drainage Criteria Manual or USGS WRIR 984044. d. Muskingum, Muskingum-Cunge, or Modified Plus methods will be applied to HEC -HMS reach routing modules as recommended in the City Drainage Criteria Manual. 9. Existing Condition Hydraulic Modeling — as part of this task, LAN will complete hydraulic analyses of the open channel system in the project area. Tasks involved in this analysis include: a. 1D steady-state HEC -RAS models (10%, 2%, 1%, and 0.2% AEP storm events) will be developed for the project basin. LAN will obtain the current effective FEMA hydraulic models, as well as the hydraulic models developed by the City's other consultants, and convert these models to one unsteady -state HEC -RAS hydraulic model. LAN will utilize the effective FEMA HEC -RAS cross sections, where possible. As shown in Exhibit 1, currently, La Voila Creek, Margaret Kelly Channel, Donigan Channel and Airport Ditch #1 were studied in details by FEMA. b. LAN will develop 1D steady-state HEC -RAS models for major ditches without an existing hydraulic model and incorporate these new models to the combined 1D steady-state HEC -RAS model. As shown in Exhibit 1, the major ditches which require new HEC -RAS models include Airport Ditch #2, Horne Road Ditch, Armory Ditch, Enterprise Channel, Saratoga Downs Channel, and Bates Channel. LiDAR furnished by the City will be utilized to acquire the hydraulic model geometry information. c. Hydraulic structures such as bridges and culverts will be built into the models appropriately by as -built record drawings from the City. When as -built drawings are not available, the engineer will notify the City for guidance. Any field survey efforts if deemed necessary by the City to acquire as -built or existing data will be authorized separately through a contract amendment. d. Mannings' n values will be examined by Table 4-3 of the City Drainage Criteria Manual. Necessary adjustments will be made to Manning's n values to better represent existing field conditions and the recommendations of Table 4-3. e. Boundary Conditions and Inflows — Peak flows from the existing condition HEC -HMS model will be imported as boundary conditions into the combined 1D steady-state HEC -RAS model. Normal depth will be applied as the downstream boundary condition. f. The 1D steady-state HEC -RAS model will be validated by comparing to FEMA effective model results, historical storm event high water marks, and channel gage data if available. B. Task 2- Preliminary Phase Services - Prioritize the major ditch (channel) improvement projects within the La Voila Creek tributaries based on the hydraulic modeling results: 1. Evaluate various alternate solutions available to the City and after consultation with City, recommend those solutions which in the LAN's judgment best meet City of Corpus Christi's requirements for the Project. a. Develop Improvement Alternatives Hydraulic HEC -RAS Models — LAN will perform hydraulic analyses on up to three (3) improvement alternatives comprised of major EXHIBIT "B" Page 6 of 16 components of the open channel and hydraulic structures and ensure that those alternatives meet established criteria set forth in the City Drainage Criteria Manual. The improvement alternatives includes but not limited to: detention basins, channel widening, channel improvements, bridge enlargement and replacement, culvert enlargement and replacement. It worth noting that the Improvement Alternatives hydraulic models will be for planning, implementation and general impact analysis and are not intended to meet FEMA standards for flood risk mapping. These models will have varying level of detail for planning and implementation purposes. Any flood risk modifications will need to be made to the FEMA effective models should they ever need to be used for FEMA flood risk purposes, which is not part of this Scope of Service. 1. Identified the preferred locations for various improvement alternatives. ii. Model development for the proposed alternatives will build upon the existing condition HEC -RAS model. iii. The proposed improvements modeling effort is an iterative process that involves evaluation of benefit and impact for different alternatives and subsequent modification and optimization. iv. The proposed improvements will be evaluated for cost effectiveness in reducing flood risk. v. Alternative improvements for the purposes of value engineering and reducing overall construction cost will be evaluated. vi. Detention basins will be modeled as reservoirs by revising existing condition HEC -HMS model, since normally detention basins will have great impact to peak flows. Other improvement alternatives will only be modeled in steady- state HEC -RAS model by assuming they are not going to change the watershed hydrologic condition substantially. b. Cost Estimates - Planning level cost estimates will be prepared for each of the three (3) alternatives. The Engineer will develop an Opinion of Probable Construction Cost (OPCC) for the recommended alternatives. The cost estimates should include all major project items such as major ditch improvements, channel lining, earthwork, embankment, retention/detention basins, major utility relocations, and bridge or culvert replacement, with an overall 25% contingency. 2. Develop preliminary requirements for utility relocations and replacements or upgrades necessary for any proposed improvements. 3. Prepare engineering letter reports (ELR's) which will contain the statement of City's requirements for the Project and, as appropriate, will contain major ditch, channel, and/or hydraulic structure improvement schematic layouts, sketches and conceptual design criteria for drainage improvements with appropriate exhibits to indicate the considerations involved and those alternate solutions available to City, which LAN recommends. 4. Develop Sub -Basin Capital Improvement Plan / Project List — As an appendix to the ELR, LAN will develop a detailed list of Droiects recommended for implementation in the sub -basin to improve the conditions of the existing major open ditch systems, improve flooding within the sub -basin, and improve water quality within the sub -basin and at its' outfall into Oso Creek. The project list will be comprehensive, include lifecycle costs, but will NOT be intended for full implementation during the three-year IDIQ contract. EXHIBIT "B" Page 7 of 16 C. Task 3 - Design Phase Services 1. Prepare a "Project Manual" in City standard format for typical maintenance -related storm water open ditch improvements that the selected contractor can execute using delivery orders issued during the construction phase of this project. The scope and contents of the project manual will include: PLAN SHEETS: 1 Cover Sheet and Plan Index 2 Legend, Detail Symbols, Testing Schedule 3 General Notes 4 Storrrw ater Pollution Prevention Standard Details 5 Bank Stabilization / Embankment / Grading Details 6 Earthwork / Excavation / Storage Details 7 and 8 Erosion Control Measures - Standard Details (2 Sheets) 9 Re-establishment of Riparian Area's / Overbank - Standard Details 10 Flow/ Velocity Control Structures / Energy Dissapators - Standard Details w 11 Traffic Control (Sheet 1 of 5) 12 Traffic Control (Sheet 2 of 5) IIIAWAVAYI 13 Traffic Control (Sheet 3 of 5) 14 Traffic Control (Sheet 4 of 5) 15 Traffic Control (Sheet 5 of 5) 16 - 27 TxDOT Barricade & Construction Details (12 Sheets) 28 - 44 City of Corpus Christi Standard Details (17 Sheets) PROJECT MANUAL DIV 00 Procurement and Contracting Requirements DIV 01 General Requirements Part S Standard Specifications Part T Technical Specifications 2. The following typical submittals apply to all deliverables: a. 60% Design Phase Submittal i. Complete internal quality control check of plans and calculations per the Quality Control Pian developed in Task 1. ii. Furnish one (1) set of the interim plans and tunical details (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with an opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. EXHIBIT "B" Page 8 of 16 iii. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. iv. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. b. 90% Design Phase Submittal i. Assimilate all 60% review comments upon approval by the Director of Engineering Services. ii. Complete internal quality control check of plans, specifications, and calculations per the Quality Control Plan developed in Task 1. iii. Provide one (1) set of the pre -final plans, project manual, and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with a revised opinion of probable construction costs. Plan executive summary, project checklist and plan checklist. iv. Participate in project 90% submittal review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non- responding participants as appropriate and, upon Notice to Proceed. c. Final Submittals i. Assimilate all 90% review comments upon approval by the Director of Engineering Services. ii. Complete internal quality control check of plans, specifications, and calculations per the Quality Control Plan developed in Task 1. iii. Provide one (1) set of the final (100%) plans, project manual, (unsealed and unstamped - electronic and half full-size hard copy using City Standards as applicable) for City's final review. d. Issued for Bid Documents i. Assimilate all final review comments upon approval by the Director of Engineering Services 11 Provide one (1) set of the final signed and sealed ISSUED FOR BID plans and contract documents (electronic and half full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. D. Task 4 - Bid / Pre -Construction Phase Services 1. Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. 2. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. EXHIBIT "B" Page 9 of 16 3. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 4. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 5. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. 6. Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. E. Task 5 - Construction Phase Services LAN assumes that it is the City's intent to Bid this project using a 3 -year Indefinite Delivery / Indefinite Quantity (IDIQ) contract. LAN will issue Delivery Orders (DO's) to the selected contractor during the Construction Phase for maintenance -related improvements to the Major Ditches in this project area (Reference Exhibit 1). 1. Issue Delivery Orders as follows: a. Delivery Order #1 — Year 1— assume start of construction in early 2018 with a 6 -month construction duration. b. Delivery Order #2 — Year 2 — assume start of construction in late 2018 with a 6 -month construction duration. c. Delivery Order #3 — Year 3 — assume start of construction in early with a 6 -month construction duration. 2. Each delivery order will include the following construction engineering / administration tasks: a. Site Plan / Layout b. Site Specific General Notes / Specifications c. Traffic Control Plan (TCP) d. Construction Sequencing Plan e. Review and interpret field and laboratory tests. f. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. LAN assumes one (1) 4 -hour site visit per week for a six (6) month project duration. g. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. h. Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. i. Attend final inspection with City staff; provide punch list items to the City's Construction Engineers for contractor completion of the project. EXHIBIT "B" Page 10 of 16 J. Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. F. Documents / Services to be provided by the City The City shall provide LAN available studies, surveys, and reports concurrently when issuing the Notice to Proceed for a work authorization from this master service agreement. The documents to be provided to LAN include but not limited to: 1. Project budget specifying the funds available for the construction of stormwater improvements related to this contract 2. Existing Reports/plans for stormwater improvements 3. Existing LiDAR, conventional topographic survey data in the project area, City control benchmarks and coordinates 4. Existing GIS data including roadways, waterway and water body alignments and boundaries 5. As -built record drawings for utilities, channels, bridges, and culverts in the project areas. 6. Land use data, soil group data 7. Existing HEC -HMS, HEC -RAS, and other hydrologic and hydraulic models developed by FEMA and the City's consultants. EXHIBIT "B" Page 11 of 16 II. ADDITIONAL SERVICES This section defines the scope of additional services that may be needed for construction of these projects. The fees associated with these services are NOT included in this proposal. LAN will not begin work on any service under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: A. Permitting - Furnish the City all engineering data and documentation necessary for all required permits. LAN will prepare this documentation for all required signatures. LAN will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities. B. LOMR/CLOMR — LAN will prepare LOMR/CLOMR package for proposed design alternatives, if deemed necessary. C. Right -of -Way (ROW) Acquisition Survey and Parcel Descriptions - all work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. LAN will coordinate with a sub -consultant to complete the following: 1. Perform surveys to determine apparent right-of-way widths. 2. Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. 3. Provide a preliminary base map containing apparent ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 4. Prepare Metes and Bounds instrument with supporting exhibits as required and agreed upon for ROW parcels, utility easements, and temporary construction easements. 5. Determine property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. 6. Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. D. Topographic Survey— Based on the value of the data gathered during the Preliminary Phase of this project (Task 1); there may be a need for additional site specific topographic survey to be accomplished prior to construction of any Delivery Order. In general, all work must be tied to and EXHIBIT "B" Page 12 of 16 conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'® Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. LAN will coordinate with a sub -consultant to complete the following: 1. Survey Control a. Establish Horizontal and Vertical Control; establish both primary and secondary horizontal/vertical control. b. Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. c. Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. d. Vertical control will be based on NAVD 88. e. All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. 2. Utilities - Within the limits of the major ditch improvements projects, obtain x, y, and z coordinates of all accessible existing utilities included but not limited to: a. City owned sanitary sewer, storm sewer, water and gas lines b. Third -party utilities, i.e. electrical, telecommunications, oil & gas pipelines and wells, all visible utilities signs within the project limits. 3. Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. 4. Locate improvements within the apparent project limits. 5. Locate and identify trees, at least five inches in diameter within the project limits. 6. Basemap - Generate electronic planimetric base map for use in project design. E. Environmental Assessments / Archeological Studies 1. LAN shall identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 2. Phase I Assessment — if necessary LAN will coordinate with a Subconsultant for the following services: a. Performance of an on-site visit to view present conditions (chemical spill residue, die - back of vegetation, etc.); hazardous substances or petroleum products usage (presence of above ground or underground storage tanks, storage of acids, etc.); and evaluate any likely environmentally hazardous site history. b. Evaluation of risks of neighboring properties upon the subject property c. Review of Federal, State, Local and Tribal Records out to distances specified by the ASTM 1528 and AAI Standards (ranging from 1/8 to 1 mile depending on the database) d. Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors). 3. Archeological Studies - if necessary LAN will Subconsultant the following services: a. Archeological site surveys and testing b. Assessment of significance and effects on project EXHIBIT "B" Page 13 of 16 c. Technical memorandum, reports F. Public Involvement. Participate in public meetings. For each public meeting, LAN will: 1. Provide follow-up and response to citizen comments 2. Revise contract drawings to address citizen comments, as directed by the City 3. Prepare notices, handouts and exhibits for public information meetings G. Subsurface Utility Investigation — if necessary for the design of storm water related improvements in this contract, LAN will coordinate with a Subconsultant for the following services: 1. Inform local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. 2. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro -excavation. The proposed subsurface utility investigation will be as follows: a. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. b. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. c. Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. d. Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction -related excavation shall be located at Quality Level A. e. Water — Water facilities within the project limits will be located to Quality Level C. f. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. H. Geotechnical Engineering Services - LAN will coordinate with a sub -consultant to complete a subsurface investigation of the project area. EXHIBIT "B" Page 14 of 16 1. LAN will communicate to the City and Subconsultant the total number of borings required and termination depths of those borings in each work authorization from this Master Service Agreements. 2. Consultants will sample, identify and measure the pavement constituents at each boring location. The scope of work is provided below: a. Coordination with Texas One Call to identify underground utilities in the proximity of the boring locations. The borings will be relocated if necessary. b. Traffic control and traffic control devices as required by the City of Corpus Christi during field investigation. c. Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. d. Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. e. After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. f. Scope of Laboratory Testing Program i. Supplementary Visual Classification (ASTM D 2487) ii. Water Content Tests (ASTM D 2216) iii. Atterberg Limits Tests (ASTM D 4318) iv. Unconfined Compressive Strength Tests (ASTM D 2166) v. Percent Material Finer Than The #200 Sieve Tests (ASTM D 1140) vi. All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Geotechnical Engineering Report. In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project. 8. EXHIBIT "B" Page 15 of 16 EXHIBIT EXHIBIT "B" Page 16 of 16 EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. m If applicable, refer to the contract for information on what to include with time and materials (T&M). -0 X r» _ c - m co o ~'C) Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided EXHIBIT "D" Page 1 of 2 below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that ConsuItant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "D" Page 2 of 2 . ACORb. CERTIFICATE OF LIABILITY INSURANCE , �� 71 _018 DATE (MMfDaIYYYY) 4/112017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 �E CT PHONE NC NHo. Ertl. INC, Nol. EMAIL ADDRESS` INSURER(S) AFFORDING COVERAGE NMC N INSURER A Lloyd's of London 38253 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1393396 ATTN: MR. DON SCHUETZ 2925 BRIARPARK DRIVE HOUSTON TX 77042 INSURER B . INSURER C NOT APPLICABLE INSURER D EACH OCCURRENCE INSURER E INSURER F . ■OCCUR COVERAGES LEOADOI CERTIFICATE NUMBER: 14652625 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER wvo POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYY) I IUMIDOIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE S XXXXXXX CLAIMS -MADE ■OCCUR DAGE TO RENTED PRE SES Ea occurrence) 5 XXXXXXX MED EXP (Any ono person) 5 XXXXXXX PERSONAL A ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES POLICY n JECT OTHER: PER: GENERAL AGGREGATE $ XXXXXXX II LOC PRODUCTS-COMPIOPAGG 5 XXXXXXX 5 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY NOT APPLICABLE COMBINED SINGLE LIMITlEa 5 XX — BODILY INJURY (Per person) 5 XXXXXXX — '— BODILY INJURY (Per accident) en) PROPERTY DAMAGE (Per acoden) 5 XXXXXXX _ s XXXXXXX _ 5XXXXXXX UMBRELIA LIAB EXCESS LIAB OCCUR HI CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE S XXXXXXX AGGREGATE 5 XXXXXXX DED f RETENTIONS 5 XXXXXXX WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y 1 N ❑ below N / A NOT APPLICABLE PER I OTH- STATUTEAND ER E.L EACH ACCIDENT 5 XXXXXXX E.L. DISEASE_ _• EA EMPLOYEE 5 XXXXXXX _ E.L DISEASE -POLICY Lima S XXXXXXX A PROFFESIONAL LIABILITY N N LDUSA1704566 71'2017 7'112018 S1,000,000 EACH CLAIM AND S2,000,000 IN THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS 1 LOCATIONS RE E12191 IDIQ MAJOR DITCH 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more specs is required) IMPROVEMENTS. A THIRTY (30) DAY NOTICE OF CANCELLATION SHALL BE PROVIDED TO THE CITY. CERTIFICATE HOLDER CANCELLATION 14652625 CITY OF CORPUS CHRISTI ATTN: RISK MANAGEMENT P.Q. BOX 9277 CORPUS CHRISTI TX 78469-9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA 4521‘ ACORD 25 (2016103) ®19880015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ac9R�® CERTIFICATE OF LIABILITY INSURANCE �� 11112018 DATE(MMIDDIYYVY) 4.:27:2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockion Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 ACT N, WE: 1PHONE o. EMI:EMI:IFANo). EMAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC a INSURER A :American Casualty Company of Reading, PA 20427 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1392953 ATTN: MR. DON SCHUETZ 2925 BRIARPARK DRIVE HOUSTON TX 77042 INSURER B : Valley FQrgeinsurance Company 1'1/2018 20508 25674 INSURER C : Travelers Property Casualty Co of America INSURER D : National Fire Insurance Co of Hartford 20478 INSURER E • Transportation Insurance Company CLAIMS -MADE V X OCCUR 20494 INSURER F : COVERAGES LEOAD01 CERTIFICATE NUMBER: 146526 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - - - - - INSR LTR TYPE OF INSURANCE ADDL'SUBR INSD WVD POLICY NUMBER POLICY EFF IMMIDDMYYYY1 POLICY EXP (MMIDDIYYYYI LJMtT3 D X COMMERCIAL GENERALLIABILITY y N 1015651942 1 1/2017 1'1/2018 EACH OCCURRENCE S 1,000,000 CLAIMS -MADE V X OCCUR DGE TO RENTED PREM SES (Ea occurrence) 5 300,000 MED EXP (Any one person} 5 10,000 _ PERSONAL & ADV INJURY 5 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY JELOC PRODUCTS - COM'IOP AGG ! 2,000,000 OTHER: 5 A AUTOMOBILE LIABILITY y N 1015651956 1 1/2017 11/2018 (Ea acod DtSINGLE LIMIT s 1,000000 X ANY AUTO BODILY INJURY (Per person) 5 XXXXXXX X AUTOSD ONLY AUTOSULED BODILY INJURY (Per accident) S XXXXXXX X HIRED AUTOS ONLY X ^ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) s XXXXXXX S XXXXXXX C X UMBRELLALIAB X OCCUR N N ZUP-14N19818-17 11/2017 112018 EACH OCCURRENCE 5 1,000,000 EXCESS LAB CLAIMS -MADE AGGREGATE 5 1,000,000 DED 1 X RETENTIONS 10,000 5 XXXXXXX 13 WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y 1015651973 (AOS) 1f1/2017 1/112018 OTH- ' I STATUTE I ER E ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N I A 1063334422 (CA) 1;1:`2017 1/112018 E.L. EACH ACCIDENT 5 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N E.L. DISEASE- EA EMPLOYEE 5 1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (ACORD 101, Addidonal Remarks Schedule, may be attached if mors space is required) RE E12191 IDIQ MAJOR DITCH IMPROVEMENTS. THE CITY OF CORPUS CHRISTI AND ITS OFFICERS. OFFICIALS. EMPLOYEES, VOLUNTEERS, AND ELECTED REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED ON THE GENERAL AND AUTOMOBILE LIABILITY POLICIES. THE TERM "OTHER INSURANCE" CLAUSE SHALL NOT APPLY TO THE CITY OF CORPUS CHRISTI WHERE THE CITY IS AN ADDITIONAL INSURED A WAIVER OF SUBROGATION 15 ISSUED IN FAVOR OF THE CITY ON THE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICIES A T}IIRTY (30) DAY NOTICE OF CANCELLATION SHALL BE PROVIDED TO THE CITY CERTIFICATE HOLDER CANCELLATION 14652623 CITY OF CORPUS CHRISTI ATTN: RISK MANAGEMENT P.O. BOX 9277 CORPUS CHRISTI TX 78469-9277 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV ®198852015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT E DISCLOSURE OF INTEREST Master Services Agreement CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of CCh>ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANYNAME: Lockwood, Andrews & Newnam, Inc. P. O. BOX: STREET ADDRESS: 500 N. Shoreline Blvd., Suite 500 CITY: Carpus Christi ZIP: 78401 FIRM IS: I. Corporation 2. Partnership3. Sole Owner 0 4. Association e 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 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 Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure sltall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d}j CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Steven A. Gilbreath, P.E. (Type or Primp, Signature of Certifying Person: Title: Associate, 774-- Date: Y 2 fi /27 DEFINITIONS a. ''Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT F CERTIFICATE OF INTERESTED PARTIES Master Services Agreement Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1.- 4 and 6 it there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 If there are no interested paries. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-73614 Date Filed: 06/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being tiled. 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. E12191 IDIQ Major Ditch Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Daly, Leo Washington, DC United States X Daly, Grega Washington, DC United States X Petersen, Dennis Houston, TX United States X Cohen, Amie Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ...N.,",,�.%�,, COURTNEY . •, tNolafy Public, • : =,18 Comm. Expires r"'a.ei'fi Notary AFFIX NOTARY STAMP 1 and subscribed Swu�} 20 ILP . to certify which, CASTELLANOS State of Texas 02.25.2020 ID 130554862 SEAL ABOVE before me, by the said witness my hand Ate* i Aft/ , .1._LLitrm 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct .i# ■ Lto =s re _J . I ' I at authorized agent of contracting business entity 4 Ir� I4 'i1 1 . Ii14 , this the 1.+ J, day of Cilia' and seal of ofh-• . — i AL.., 16105 Okt icer admin WC, i i ering oath iiili .41.. POT / ..minoffard.:th Signature of •fcr : 14" 7 'ng .. - . name of officer admnia1er.ng oath Tale of'o c.....,r nrrndrlerl l-wtTerne Frhire rnmmiccinn 'A,ww pthirc cratp.Iw its Version V1.0.1021 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Exhibit E Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 -- Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 EXHIBIT "G" Page 1 of 14 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 EXHIBIT "G" Page 2 of 14 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 EXHIBIT "G" Page 3 of 14 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions • 4 EXHIBIT "G" Page 4 of 14 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Proiect Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 EXHIBIT "G" Page 5 of 14 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 EXHIBIT "G" Page 6 of 14 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 EXHIBIT "G" Page 7 of 14 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 EXHIBIT "G" Page 8 of 14 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 EXHIBIT "G" Page 9 of 14 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 EXHIBIT "G" Page 10 of 14 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions 11 EXHIBIT "G" Page 11 of 14 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 EXHIBIT "G" Page 12 of 14 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 EXHIBIT "G" Page 13 of 14 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17— FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions -14 EXHIBIT "G" Page 14 of 14 11� Sinton Rancho Chico Morgan Del Sol -Loma Farm Area Linda Odem 813 Tart Tradewinds 4 4r1 *oh Falman-County Acres 18p City-By- Aransas Pass 161 Doyle Portland Ingleside Ingleside on the Bay Petronifa Tierra Grande CITY-WIDE PROJECT Chapman Ranch 0 1 LOCATION MAP NOT TO SCALE Project Number: E16255 Major Ditch Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES IDIQ Major Ditch Improvements Corpus Chr sti Engineering Council Presentation September 19, 2017 Project Location �hrsti Engineering FaIn art-COUnIy Apes Aransas N MAJOR DITCH IMPROVEMENTS th San edro Robstow hristi Vetronita Teens Grande Chapman Ranch Project Vicinity Corpus Chr sti Engineering Major Ditch Improvements IDIQ/MSA Project Scope k%0 Corpus Chr sti Engineering MSA for a multi-year contract with 1 base year and 2 option years. Individual task orders will be issued: • Analyze and Prioritize major ditch improvements • Prepare bid docs for IDIQ construction • Prepare Task Orders of the work plan for the IDIQ program Jun Jul Aug Sep Oct Nov Dec Jan Project Schedule �hrsti Engineering 2017 2018 i Design Feb Mar Apr May Bid/Award Jun Jul Aug Sep Oct Nov Dec rConstruction Project Estimate: 570 Calendar Days 19 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-73614 Date Filed: 06/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Lockwood, Andrews & Newnam, Inc. Houston, TX United States rv2 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. E12191 IDIQ Major Ditch Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daly, Leo Washington, DC United States X Daly, Grega Washington, DC United States X Petersen, Dennis Houston, TX United States X Cohen, Arnie Austin, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT 0«`"'"'fry COURTNEY **.- "N Notary Public, Z4,.%. I►t. 4 Comm. Expires '•,;F(4,� Notary 0$,n0" AFFIX NOTARY STAMP / to and subscribed 20 RP , to certify which, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. CASTELLANOS State of Texas 02-25-2020 i f / • ID 130554662 - Sig .'-tore of authorized agent of contracting business entity SEAL ABOVE ++,�, before me, the said � this the 2� dayof � J yY 4� . by h 611bratik. \(5warrr witness my hand and seal of offt e. � irc.oIId �, 3ft511JTaP7Q5 �f A�I. AIL / „ Signature of officer . 9 � [, pterin ill Print- i name of officer admini tering oath Title of o/o1an g I 9 eradmii tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: August 30, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018 Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $138,900 for the Cefe. Valenzuela Landfill Groundwater Monitoring FY 2017-2018. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground- water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill is the only Type 1 Municipal Solid Waste Facility to receive domestic waste and wastewater treatment plant sludge and requires a TCEQ permit to operate. Landfills are required to set up and monitor the underlying groundwater for contamination during their active life and post -closure care period. All groundwater monitoring systems must be certified by a qualified groundwater scientist and must comply with the sampling and analytical procedures outlined in the regulations. The groundwater monitoring system consists of a series of wells placed "upstream" and "downstream" of the landfill. The samples from the upstream wells show the background concentrations of constituents in the groundwater, while the downstream wells show the extent of groundwater contamination caused by the landfill. Groundwater monitoring and reporting is required twice per year under the Texas Administrative Code, Title 30, Part 1 (TCEQ), Chapter 330 Municipal Solid Waste, Subchapter J: Groundwater Monitoring and Corrective Action. This item provides for monitoring, analysis, and reporting including: • Collecting field samples from each of the landfill's groundwater 30 wells • Collecting field samples from six leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate -nitrogen, ammonia -nitrogen and dissolved organic carbon • Verification re -sampling for all sample locations that exceed TCEQ allowed limits • Evaluation of the lab data and preparation of correspondence/submittals to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $145,000 $145,000 Encumbered / Expended Amount This item 138,900 138,900 Future Anticipated Expenditures This Project 5,437 5,437 BALANCE $663 $663 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $138,900 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract Location Map Presentation PROJECT BUDGET ESTIMATE E17070 CEFE VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2017-2018 PROJECT FUNDS AVAILABLE: Landfill Operating 145,000 TOTAL $ 145,000 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 138,900 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 2,175 Engineering Services (Project Mgt/Constr Mgt) 3,263 Misc. (Printing, Advertising, etc.) TOTAL $ 144,338 ESTIMATED PROJECT BUDGET BALANCE $ 663 AGREEMENT for Monitoring and Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don R. Rokohl, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018 (Project No. E17070) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $138,500. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. 17 Jeff H. Edmonds, P.E. Date Don R. Rokohl, P. E. Date Director of Engineering Services Branch Manager 826 South Padre island Drive Corpus Christi, TX 78416 (361) 884-5050 Office drokohl@tweinc.com KLENGIN£ER{NG DATAEXCHANGEIANGIEMISOLID WASTE\E17070 CEFE VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2017.2018415_1215 TESTING AGREEMENT DOC Rev- 12115114 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E17070 Accounting Unit: 1020-12506-033 Account: 530000 Activity: E17070011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. KIENGINEERING DATAEXCHANGEWNGIEMLSOLID WASTE\E17070 CEFE VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2017-2018115 1215 TESTING AGREEMENT.DOC Rev, 12115/15 Tolunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 September 1, 2017 TWE Proposal No. P17 -E099 Rev 1 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT CEFE VALENZUELA 1VIUNICIPAL LANDFILL FOR FISCAL YEAR 2017 - 2018 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2017 to 2018. Back�und The Site is located southeast of Petronila, TX, and the active area comprises approximately 300 acres. The landfill is a Type 1 Municipal Solid Waste (MSW) facility that receives domestic waste and wastewater treatment plant sludge. It is currently in active status and groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )330 Subchapter J Groundwater Monitoring and Corrective Action. Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258. Appendix 1. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2016 and will not require any additional updates until Fiscal Year 2018 - 2019. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Pian (GWSAP) which outlines the City of Corpus Christi's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the Cele Valenzuela facility. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P 17-E099 September 1, 2017 Page 2 Scope of Work The Scope of Work includes four tasks 1. Semiannual Detection Monitoring of the 30 monitoring wells (MW 1-19, 40-46 plus deep wells MW -2B, MW -11B, MW -12B and MW -13B) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City and three hard copies to the TCEQ. 4. Petition TCEQ for permission to discontinue monitoring certain metals on the basis that they offer little or no definitive indication as to whether a release has occurred. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in October 2017 and April 2018. The 2017 Annual report will be issued in January 2018. The period between the 2nd semiannual sampling event of 2017 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the semiannual event of 2018 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than three days for each event with analytical TAT again requiring two working weeks. Proposed Proiect Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of 8138,900. A cost breakdown for the major tasks is summarized below. EXHIBIT "A" Page2of3 Mr. Lawrence Mikolajczyk TWE Proposal No. P17 -E099 September 1, 2017 Page 3 Field Sampling, Activities (includes 2 Verification Sampling, Events) Labor $ 37,400 ODCs $ 6,300 Analytical $ 33,000 Reporting $ 36,100 Petition TCEQ to Discontinue Metals Monitoring, $ 13,600 Project Management $ 12.500 Project Total S 138,900 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (713) 722-7064 or by e-mail at drokohl@a,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. i:? /cc/ Don Rokohl, P.E. Corpus Christi Branch Manager Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 3 of 3 EXHIBIT "B" Page 1 of 6 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City white in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples` containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under the same or similar conditions. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court EXHIBIT "B" Page 2 of 6 costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all. similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury -Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) if claims made policy, retro date must be prior to inception of agreement, have extended EXHIBIT "B" Page 3 of 6 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting frons said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend EXHIBIT "B" Page 4 of 6 reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company domiciled in Texas) Employer`s Liability is not Statutory $500,000 /$500,000 /$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting frons said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend EXHIBIT "B" Page 4 of 6 Lab's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 1L3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIO, please review the information on the City Secretary's website at http://www. cctexas. com/govern menticity-secretary/conflict-disclosure/index, ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. EXHIBIT "B" Page 5 of 6 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees m x m - 0 co a -1 i L COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 0110112017 Sample form for: Payment Request AE Contract Revised 02/01117 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract ^$1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250,00- $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD_TBD $0.00 TBD TBD $2,000.0 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $1,000.00 _ $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 _$1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Balance Complete $0.00 100.0% $1,500.00 50.0% $750,00 0.0% $3,500.00- 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% Notes: if needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus 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: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: $26 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other e 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 WA" Department (if known) Job Title and City 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N 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 ti lk 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 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: Don R. Rokohl, P.E. Title: (Type or Print) Signature of Certifying Person: Branch Manager DEFINITIONS Date: r: t 7 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. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 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: 2017-258218 Date Filed: 09/08!2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, 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. E17070 Groundwater Monitoring at Cefe Valenzuela Municipal Landfill for Fiscal Year 2017-2018 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 i i ii oonit4e 6 e,4011 AFFIDAVIT ,..`%: 3,t p ��//*,, fil I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4. S 1 S r - -1.. _ 11'-- 1 i✓ • ''. ter p�,� P •. a Signature of authorized agent of contracting business entity ice.' •.,......... ``o AFFIX NOTAR��F�-IAOVE Sworn*and and subscribed before me, by the said t} V� 1` 11171F G��� , this the 1 1 '� day of "Ii , 20 I , to certify which, witness my hand and seal of office. LOAPI.. Det'd gnature 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 V1.0.3337 as SCALE: N.T.S. CORPUS CHRISTI I TEXAS A&M UNIVERSITY CORPUS CHRISTI PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E17070 Cefe Valenzuela Landfill Groundwater Monitoring FY 2017- 2018 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Cefe Valenzuela Landfill Groundwater Monitoring FY 2017-2018 Council Presentation September 19, 2017 Project Location NUEtiES BAY N SCALE N.T.S. �hrsti Engineering CEFE VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2017-2018 r Project Vicinity �hrsti Engineering Co Rd 61 CEFE VALENZUELA LANDFILL GROUNDWATER MONITORING FY 2017-2018 ti SCALE: N.T.S. Project Scope Cous Chr sti Comps Engineering Project includes: • Groundwater sampling from 30 groundwater wells and the leachate collection system twice yearly • Laboratory testing of each sample for 17 metals, volatile organic compounds, nitrate -nitrogen, ammonia -nitrogen and dissolved organic carbon • Verification re -sampling for samples that exceed the statistically determined concentration limit • Analysis of lab data for TCEQ compliance • Annual Reporting to TCEQ • Petition to TCEQ for permission to discontinue monitoring certain metals Project Schedule �hrsti Engineering 2017 2018 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: August 30, 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: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations Lawm@cctexas.com (361) 826-1972 Engineering Testing Agreement J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018 Motion authorizing the City Manager, or designee, to execute an engineering testing agreement with Tolunay-Wong Engineers, Inc. of Corpus Christi, Texas in the amount of $131,500 for the J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018. PURPOSE: The purpose of this Agenda Item is to authorize the selected firm to prepare the annual ground- water monitoring report as specified by the Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: The JC Elliott Landfill is a Type 1 Municipal Solid Waste Facility and is currently in a post -closure care. Landfills are required to set up and monitor the underlying groundwater for contamination during their active life and post -closure care period. All groundwater monitoring systems must be certified by a qualified groundwater scientist and must comply with the sampling and analytical procedures outlined in the regulations. The groundwater monitoring system consists of a series of wells placed "upstream" and "downstream" of the landfill. The samples from the upstream wells show the background concentrations of constituents in the groundwater, while the downstream wells show the extent of groundwater contamination caused by the landfill. Groundwater monitoring and reporting is required twice per year under the Texas Administrative Code, Title 30, Part 1 (TCEQ), Chapter 330 Municipal Solid Waste, Subchapter J: Groundwater Monitoring and Corrective Action. This item provides for monitoring, analysis, and reporting including: • Collecting field samples from each of the landfill's groundwater 23 wells • Collecting field samples from six leachate collection system locations • Laboratory analysis for 17 metals, 47 volatile organic compounds, nitrate -nitrogen, ammonia -nitrogen and dissolved organic carbon • Verification re -sampling for all sample locations that exceed TCEQ allowed limits • Evaluation of the lab data and preparation of correspondence/submittals to TCEQ • Preparation and submission of the TCEQ Annual Report • Document preparation with analysis and justification to request TCEQ approval to discontinue monitoring of select metals on the basis that the tests offer little or no definitive indication as to whether a release has occurred within the landfill ALTERNATIVES: 1. Authorize execution of an engineering testing agreement. (Recommended) 2. Do not authorize execution of an engineering testing agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The testing agreement and selection process comply with the Professional Procurement Act and City Policy. Tolunay-Wong Engineers, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $140,000 $140,000 Encumbered / Expended Amount This item 131,500 131,500 Future Anticipated Expenditures This Project 5,250 5,250 BALANCE $3,250 $3,250 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the testing agreement with Tolunay-Wong Engineers, Inc. in the amount of $131,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2017-2018. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract Location Map Presentation PROJECT BUDGET ESTIMATE E17071 JC ELLIOTT LANDFILL GROUNDWATER MONITORING FY 2017-2018 PROJECT FUNDS AVAILABLE: Landfill Operating $ 140,000 TOTAL 140,000 FUNDS REQUIRED: Fees: Engineering (Tolunay-Wong Engineers) 131,500 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 2,100 Engineering Services (Project Mgt/Constr Mgt) 3,150 Misc. (Printing, Advertising, etc.) 0 TOTAL 136,750 ESTIMATED PROJECT BUDGET BALANCE $ 3,250 AGREEMENT for Monitoring and Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and TOLUNAY-WONG ENGINEERS, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Don R, Rokohl, P.E., Branch Manager, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018 (Project No. E17071) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $131,600. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI TOLUNAY-WONG ENGINEERS, INC. 1)-- 1244 (7 re Jeff H. Edmonds, P.E. Date Don R. Rokohl, P. E. Date Director of Engineering Services Branch Manager 826 South Padre Island Drive Corpus Christi, TX 78416 (361) 884-5050 Office drokohl@tweinc.com K:IENGINEERJNG OATAEXCHANGE1ANGIEMISOLID WASTE1E17O71 JC ELLIOTT LANDFILL GROUNDWATER MONITORING FY 2017.2618115_1215 TESTING AGREEMENT, DOC Rev. 12f15/ 5 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E17071 Accounting Unit: 1020-12530-033 Account: 530000 Activity: E17071011020EXP Account Category: 30000 Fund Name: Solid Waste Operating Encumbrance No. K1ENGINEERING DATAEXCHANGEW GIEMSSOLID WASTE1E17071 JC ELLIOTT LANDFILL GROUNDWATER MONITORING FY 2017-2018515_121S TESTING AGREEMENT.DOC Rev. 12/15115 10 ToIunay-Wong Engineers, Inc. 826 South Padre Island Drive Corpus Christi, Texas 78416 Phone: (361) 884-5050 September 1, 2017 TWE Proposal No. P17 -E100 Rev 1 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2017 - 2018 CORPUS CHRISTI, NUECES COUNTY, TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers. Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above -referenced facility for the City of Corpus Christi's (City) fiscal year of 2017 to 2018. Backgrou nd The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post -closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC )y'330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR. Part 258, Appendix I. For the detection monitoring program at this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. Statistical background concentrations are current up through 2016 and will not require any additional updates until Fiscal Year 2018 - 2019. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater -monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. EXHIBIT "A" Page 1 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P 1 7-E September 1, 2017 Page 2 Scope of Work The Scope of Work includes four tasks I . Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. In keeping with prior years of groundwater monitoring, iron, manganese, nitrate -nitrogen, ammonia -nitrogen, and dissolved organic carbon will be analyzed to facilitate the identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, 6 samples (3 per event) will be collected from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This will also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. 2. Verification re -sampling for wells that exceed the statistically determined background concentration limit. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. 4. Petition TCEQ for permission to discontinue monitoring certain metals on the basis that they offer little or no definitive indication as to whether a release has occurred. Schedule Based on the City's fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the two semiannual sampling events in November 2017 and May 2018. The 2017 Annual report will be issued in February 2018. The period between the 2nd semiannual sampling event of 2017 and the Annual Report will allow for up to two verification sampling events along with data review and incorporation of results into the Annual Report. The period following the 15` semiannual event of 2018 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Verification sampling, if required, is expected to take no more than three days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs TWE will conduct the investigation on a time and material basis for a not -to -exceed base price of $131,500. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor ODCs $ 33,600 $ 6,300 EXHIBIT "A" Page 2 of 3 Mr. Lawrence Mikolajczyk TWE Proposal No. P17 -E100 September 1, 2017 Page 3 Analytical $ 31,300 Reporting. $ 31,100 Petition TCEQ to Discontinue Metals Monitoring, $ 13,600 Project Management $ 15.600 Project Total S 131,500 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. Closing Remarks If you have any questions or need additional information, please contact me at (361) 884-5050 or by e-mail at drokohl{a)tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. /2 le, Don Rokohl, P.E. Corpus Christi Branch Manager Mark Brotherton, P.G. Sr. Project Manager Environmental Services Division EXHIBIT "A" Page 3 of 3 EXHIBIT B TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab, 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; EXHIBIT "B" Page 'I of 6 (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under the same or similar conditions. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court EXHIBIT "B" Page 2 of 6 costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended EXHIBIT "B" Page 3 of 6 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend EXHIBIT "B" Page 4 of 6 reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company domiciled in Texas) Employer's Liability is not Statutory $500,0001$500,0001$500,000 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Applicable for paid employees, Lab must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lab will be promptly met. An All States Endorsement shall be required if Lab is not domiciled in the State of Texas. 8.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; (b) Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; (c) Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (d) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend EXHIBIT "B" Page 4 of 6 Lab's performance should there be a lapse in coverage at any time during this contract, Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 8.9 In addition to any other remedies the City may have upon Lab's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIO with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIO, please review the information on the City Secretary's website at htto:llwww.cctexas. comlq overnmenticity-secretary/conflict-d i sciosurelindex. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. [EXHIBIT "B" Page 5 of 6 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXK Invoice No. 12345 Invoice Date 01/0112017 Sample form for: Payment Request AE Contract Revised 02/01117 Total Current Previous Total Remaining Percent Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250,00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Invoice Invoice Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500,00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.50 $9,997.00 23.1% Notes: ff needed, update this sample form based an the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of ChrPsti 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: Tolunay-Wong Engineers, Inc. P. O. BOX: STREET ADDRESS: 826 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner 0 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 Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Department (if known) Job Title and City 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 14 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 iNii4 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Don R. Rokohl, P.E. Title:. (Type or Print) Signature of Certifying 1Z Person: Branch Manager DEFINITIONS Date: q a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas, f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CH NAVAL AIR ! 665 PROJECT LOCATION LOCATION MAP NOT TO SCALE Project Number: E17071 JC Elliott Landfill Groundwater Monitoring FY 2017- 2018 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 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: 2017-258221 Date Filed: 09108/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tolunay-Wong Engineers, 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. E17071 Groundwater Monitoring at J C Elliott Municipal Landfill for Fiscal Year 2017-2018 4 Name of Interested Party City, State, Country y (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there isqNO Interested Party. only El d. 6 AFFIDAVIT ���`t .. 1 � �z��i4 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .. •: E ...0 Si r IL I L kik • 9rEof .: %/•''•..�APIE . \'���` Signature of authorized agent of contracting AFFIX NOTARY 2(-. UBOVE Sworn to and subscribed before me, by the said J/(; Y 1 Q. - \)0 C J , this the 1 business entity day of ( aX1I 20 .41 , to certify which, witness my hand and seal of office. "0. f I 1 'r A butiftbei;v7A Si azure o!offcer 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 V1.0.3337 Corpus Chr sti Engineering J.C. Elliott Landfill Groundwater Monitoring FY 2017-2018 Council Presentation September 19, 2017 Project Location �hrsti Engineering Project Vicinity �hrsti Engineering =ti. e' :s 41V JC ELLIOTT LANDFILL GROUNDWATER MONITORINT FY 2017-2018 3 Project Scope Cous Chr sti Comps Engineering Project includes: • Groundwater sampling from 23 wells and the leachate collection system twice yearly • Laboratory testing of each sample for 17 metals, volatile organic compounds, nitrate -nitrogen, ammonia -nitrogen and dissolved organic carbon • Verification re -sampling for samples that exceed the statistically determined concentration limit • Analysis of lab data for TCEQ compliance • Annual Reporting to TCEQ • Petition to TCEQ for permission to discontinue monitoring certain metals Project Schedule �hrsti Engineering 2017 2018 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Monitoring Sep Project Estimate: 365 Calendar Days 12 Months AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361)826-1972 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com (361) 826-3169 Software and Equipment Upgrades for Solid Waste Scale Systems at Landfills CAPTION: Resolution finding that the purchase and upgrade of software and equipment for the Solid Waste Department's scale systems is a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with A-1 Scale Service, Inc., of San Antonio, Texas, for upgrades of the scale system software and equipment for a total amount not to exceed $85,600.00, with funding available in the FY2016-2017 General Fund. PURPOSE: The purpose of this agenda item is to appropriate funds to execute a contract with A-1 Scale Service, Inc. for unattended unit stations and upgrades. BACKGROUND AND FINDINGS: After 10 years of operation and exposure to a harsh environment, the pole mounted stainless steel cabinets and computer hardware located adjacent to the Cefe Valenzuela Landfill scales needs to be replaced. The 4 units are integral components of the automated scale system, which allows landfill customers to complete scale transactions without leaving their vehicles. Note that this automated scale system provides the Cefe Valenzuela Landfill a competitive advantage, as customers benefit from the efficient automated scale operation. To coincide with updating the scale hardware, the Mettler Toledo scale software system will be upgraded with the latest version of Auto Scale. The upgrade will expand scale system capabilities and help ensure uninterrupted scale operations for the Cefe Valenzuela Landfill as well as the JC Elliott Transfer Station. The scale system is a critical component of landfill operations and serves as the basis for billing landfill customers. Annually, approximately 90,000 scale transactions bring the City $8.7 million in revenue. The department places a high priority in assuring that the landfill and transfer station scale operating systems are reliable and accurate. The orderly scheduling of this work in advance of a system failure is advisable to maintain excellent customer service and a consistent revenue stream. A-1 Scale Service and Mettler Toledo have a long history of providing outstanding support and service to the City's landfill and transfer station scale operations. ALTERNATIVES: Delaying the replacement of this equipment and software upgrade is possible, but may increase the likelihood of scale system downtime, creating delays for customers and increasing the potential for landfill billing issues. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $4,980,185.02 $0 $4,980,185.02 Encumbered / Expended Amount $3,974,671.36 $0 $3,974,671.36 This item $85,600.00 $0 $85,600.00 BALANCE $919,913.66 $0 $919,913.66 Fund(s): General Fund Comments: The initial service agreement's total is $85,600.00, which is funded for FY2016-17. RECOMMENDATION: Staff recommends the approval of the proposed amendment. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Pricing Sheet Resolution finding that the purchase and upgrade of software and equipment for the Solid Waste Department's scale systems is a sole source procurement; and authorizing the City Manager, or designee, to execute a service agreement with A-1 Scale Service, Inc., of San Antonio, Texas, for upgrades of the scale system software and equipment for a total amount not to exceed $85,600.00, with funding available in the FY2016-2017 General Fund. WHEREAS, the upgrade of software and equipment will be purchased for use by the Solid Waste Department; WHEREAS, this upgrade of software and equipment will assist the Solid Waste Department in daily operation and provide scale system capabilities that help ensure uninterrupted scale operations; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute a service agreement for the purchase and upgrade of software and equipment for Solid Waste Department's scale systems from A-1 Scale Service, Inc., of San Antonio, Texas, based on a sole source for a total amount not to exceed $85,600.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 Page 1 of 2 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ ITEM 1. 2. 3 DESCRIPTION PRICE SHEET SOFTWARE AND EQUIPMENT UPGRADES FOR SOLID WASTE SCALE SYSTEMS A-1 Scale Services, Inc. San Antonio, Texas QTY. UNIT UNIT PRICE EXTENDED TOTAL Unattended Unit Station 4 Each $16,050.00 $64,200.00 Software Update 1 Each $18,000.00 $18,000.00 Configuration and Scale Calibration 2 Each $1,70 0.00 $3,400.00 TOTAL $85,600.00 SERVICE AGREEMENT NO. 52711 Software and Equipment Upgrades for Solid Waste Scale Systems at Landfills THIS Software and Equipment Upgrades for Solid Waste Scale Systems at Landfills Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and A-1 Scale Service, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Software and Equipment Upgrades for Solid Waste Scale Systems at Landfills in response to Request for Bid/Proposal No. N/A ("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 Software and Equipment Upgrades for Solid Waste Scale Systems at Landfills ("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 two 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 zero additional zero -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 $85,600.00, 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, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Paul Bass Department: Solid Waste Phone: 361-826-1968 Email: PaulB©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: Paul Bass Title: Assistant Director of Support Services Address: 2525 Hygeia, Corpus Christi, TX 78415 Fax: 361-826-1971 IF TO CONTRACTOR: A-1 Scale Service, Inc. Attn: Chris Buchhorn Title: Project Manager Address: 4807 N.W. Industrial Dr. San Antonio, TX 78238 Fax: 210-521-1333 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 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 CONTRAOTOR Signature: Printed Name: Title: 5 14 ? r e J Y1/L maw Date: _ 3 / 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. N/A 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/Background Information The Contractor shall provide software and equipment upgrades for Solid Waste Operations' Cefe Valenzuela Landfill and JC Elliott Transfer Station scale systems as outlined in this scope of work. 2. Scope of Work A. At the Cefe Valenzuela Landfill, the Contractor will remove and replace the stainless steel enclosures and computer hardware for the four "unattended unit stations" originally installed in 2007. Each station must include card reading devices, keyboards, thermal printers, and other features that will enable Cefe Landfill customers to complete scale transactions without leaving their vehicles. New scale system interface software must be included. B. The Contractor will update the Auto Scale software to the latest configuration on devices located at the Cefe Valenzuela Landfill, J.C. Elliot Transfer Station, and City Hall. C. The Contractor will remove outdated scale indicators at the J.C. Elliott Transfer Station and replace them with new indicators, including installation, configuration, and calibration. D. The installation of scale hardware and software will be completed over a three day period and sequenced to assure continuous scale operations at the Cefe Valenzuela Landfill and the JC Elliott Transfer Station. 3. Delivery A. All equipment and supplies will be shipped to A-1 Scale Service. Inc. San Antonio, Texas 78238, then transported by A-1 Scale Service to the scale locations for installation. • Cefe Valenzuela Landfill - 2397 County Road 20 Robstown, Texas 78380 • J.C. Elliot Transfer Station - 6594 Greenwood Dr. Corpus Christi, Texas 78415 Page 1 of 2 The primary contact will be Tony Benavides 361-826-1633 for both locations. If Tony Benavides is unavailable, Andy Montes 361-826-1631 will be the secondary contact. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. 4. 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 2 of 2 ISO 17025 Accredited Testing and Calibration Certificate 1902.01 Mettler Toledo Distributor Field Representative July 12, 2017 Attachment B: Bid/Pricing Schedule A-1 Scale Service, Inc. 4807 N. W. Industrial Dr. San Antonio, Tx. 78238 Phone (210) 521-7848 Fax (210) 521-1333 WWW.A1SCALE.COM Serving South and Central Texas Since 1981 City of Corpus Christi Solid Waste 2525 Hygeia St. Corpus Christi, TX RE: Unattended Unit Software and Equipment Upgrade Attn: Paul Bass I have included detailed information about the features of the products that are part of the optimal solution to your application, process and business demands. METTLER TOLEDO products represent a valuable combination of performance, accuracy and precision. In addition, our field service organization is comprised of factory -certified technicians who are trained to meet high quality standards. You can also log on to www.mt_com for up-to-date application and operation details. Vehicle Scale and Related Instrumentation Qty. (4) Model IND9U06231000320 Unattended Unit Stations $ 64,200.00 Net Price • Auto Scale Software Interface • IND780 Scale Indicator with Powercell MTX Scale Interface • 65 Key SS keyboard • Star Thermal Printer • Proximity Card Reader • Slim Stainless -Steel Enclosure with Heater and Fan • No Intercom Feature • No I/O Instrumentation Software Update Software Updated to Latest Auto Scale Configuration $18,000.00 Net Price • Locations: • Cefe • Elliot ▪ Downtown Corpus Christi • All Updates will Interface to New Unattended Units • Updates includes all removal of existing Unattended Units and Jag-Xtreme Indicators in scale house and the Installation, Configuration and Calibration of New Unattended Units. Page 1 of 2 ISO 17025 Accredited Testing and Calibration Certificate 1902.01 Mettler Toledo Distributor Field Representative A-1 Scale Service, Inc. 4807 N. W. Industrial Dr. San Antonio, Tx. 78238 Phone (210) 521-7848 Fax (210) 521-1333 WWW.A1SCALE.COM Serving South and Central Texas Since 1981 Total Package Price w/out Option Total Equipment, Software, Installation, Configuration and Calibration • **Key Notes: ** • Delivery of all Equipment is available within 6-8 wks. • During Installation A-1 Scale Service will always maintain at least (1) inbound and (1) outbound scale operational at Cefe location. During upgrade of Elliot location only (1) scale at a time will be available. • Software updates and new hardware installation will occur simultaneously, with anticipate onsite interruptions of (3) days. Recommended Option Qty. (2) Model IND246 w/ Configuration and Scale Calibration $ 3,400.00 Net Price • High contrast LCD Display • Alpha Numeric data entry capability • Simple Inbound Outbound operation • Subtotal and Total Weight Accumulators • Continuous Network Health Monitoring and reporting • Scale Diagnostics • Flexible programmability • One electrically isolated com port RS232 • One TCP/IP 10-100 Base -T Ethernet • Optional 2 additional serial ports or USB *Replace current Indicators at Elliot Location with optional Indicator recommended. All configuration and calibration is included. Total Package Price with Option Total Package Price Including Recommended Option Thank you for the opportunity. Cfiris Bucfifiorn Page 2 of 2 $ 85,600.00 Net Price 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 Page 1 of 3 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, Page 2 of 3 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 Purchasing Software and Equipment Upgrades for Solid Waste Transfer Station Scale Systems 08/15/2017 sw Risk Management Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements For the new IND9U units and IND246 indicators, warranty covers parts for one year Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-253467 Date Filed: 08/2312017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A-1 Scale Service 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. 52711 ' 4 Scale unattended unit upgrades for solid waste 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Buchhorn, Chris San Antonio, TX United States X Buchhorn, Bubba San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. DARRYL LOCKARD t ''12 MY COMMISSION EXPIRES r �`y� ;tr' March 26, 2018 ,� re of authorized agent of contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said I `��` O,� 10-'1.5 OLJC L�I4-aY�r , this the 3 day of if 5 f 20 17 to certify which, witness ply hand and seal of office. /441' / LDgM ,l Z 0c 4 >2 c! Signature of ffic Qministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Te as Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 6, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV@cctexas.com 361 826-3445 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Employee Assistance Program Services CAPTION: Motion authorizing the City Manager or designee to execute an amendment to the contract with Family Counseling Services of Corpus Christi, Texas, not to exceed $20,000. The value of the service agreement for the full contract period of September 26, 2013 through September 30, 2017 is a not -to -exceed amount of $69,958. PURPOSE: This item is to provide Employee Assistance Program counseling services for March 2017 through September 2017. BACKGROUND AND FINDINGS: Family Counseling Service provides Employee Assistance Programs (EAP) for City staff. An integral part of Human Resources Management, the EAP counselors provide counseling to troubled employees. Employee relations refers cases such as suspicion of alcohol and/or drug use to EAP counselors as well. This request is for the current fiscal year funding only. An RFB was just completed and the award for FY 2018 was also granted to this vendor. ALTERNATIVES: No alternatives, as services must be provided. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Human Resources FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $302,050 $0 $302,050 Encumbered / Expended Amount $252,058 $252,058 This item $20,000 $0 $20,000 BALANCE $29,992 $0 $29,992 Fund(s): Health Benefits RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Amendment City of Corpus Christi Purchasing Department Service Agreement No.: 311 Amendment No.: 4 Service Agreement Current Value: $49,958.00 Date: June 11, 2017 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Family Counseling Service, Inc. Corpus Christi, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 311 and all other duly executed Amendments, constitutes the entire agreement under the above - referenced Service Agreement between the City and the Contractor. This contract was awarded beginning September 26, 2013 for a one year term with three additional one year extension periods with an estimated annual fee expenditure of $13,184.00 based on actual service provided per calendar year. During the first year term of the contract from September 26, 2013 thru September 25, 2014, $12,733.00 was expended, following amendment 1, 2 and 3 extension renewals expenses of $14,607.00 (September 26, 2014 thru September 25, 2015), $9,434.00 (September 26, 2015 thru June 10, 2016) and $13,184.00 (June 11, 2016 thru June 10, 2017) fora combined current contract value of $49,958.00 for the period of September 26, 2013 thru June 10, 2017. The three additional one year extensions terms were amended by Amendment 2 and 3 to increase the estimated annual fee expenditures. This Amendment only modifies the Agreement performance dates and options to extend under the above -referenced service agreement, effective through the end date of the above - referenced service agreement: 1. Current Agreement Performance Dates - 06/11/2016-07/10/2017 for 3rd extension 2. Revised Agreement Performance Dates - 06/11/2017-09/30/2017 for 4th extension COMMODITY EFFECTIVE DATES Employee Assistance Program (EAP) Services 06/11/2017-09/30/2017 The value of this amendment is not to exceed $20,000.00 for the term of June 11, 2017 thru September 30, 2017, therefore the full value of this service agreement based on actual service provided per calendar year is a not to exceed $69,958.00 for the term of September 26, 2013 thru September 30, 2017. The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. David Scholl Date Family Counseling Service, Inc. Maria Pedraza Procurement Manager City of Corpus Christi, Texas Date AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV@cctexas.com 361-826-3445 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com 361-826-3169 Employee Assistance Program CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Family Counseling Service of Corpus Christi, Texas to provide employee assistance program services for the Corpus Christi City employees and their families in response to Request for Bid No. 1244 based on the lowest responsive, responsible bid for a total amount not to exceed $15,840.00, and is being budgeted in FY2017-18 through the annual budget appropriations. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service agreement is for employee assistance program services for City staff. BACKGROUND AND FINDINGS: Family Counseling Service provides Employee Assistance Programs (EAP) for City staff. An integral part of Human Resources Management, the EAP counselors provide counseling to troubled employees. Employee relations refer cases such as suspicion of alcohol and/or drug use to EAP counselors as well. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Family Counseling Service. 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: Human Resources FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $658,558.00 $15,840.00 $674,398.00 Encumbered / Expended Amount $252,058.00 $0.00 $252,058.00 This item $0.00 $15,840.00 $15,840.00 BALANCE $406, 500.00 $0.00 $406, 500.00 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $15,840.00. Annual funding will be requested during future budget years. The total estimated contract value will be $79,200.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB 1244 - Employee Assistance Program ITEM DESCRIPTION UNIT QTY Workers Assistance Program, Inc. Austin, TX Deer Oaks EAP Services, LLC San Antonio, TX Family Counseling Service Corpus Christi, TX UNIT PRICE EXTENDED PRICE X 12 Mos UNIT PRICE EXTENDED PRICE X 12 Mos UNIT PRICE EXTENDED PRICE X 12 Mos 1 Start up Fee EA 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 Counseling Services -Per Employee, Per Month (Estimated Qty) EA 2,750 $ 1.01 $2,777.50 $33,330.00 $ 1.05 $ 2,887.50 $ 34,650.00 0.48 $ 1,320.00 $ 15,840.00 SERVICE AGREEMENT NO. 1244 Employee Assistance Program THIS Employee Assistance Program Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Family Counseling Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Employee Assistance Program services in response to Request for Bid/Proposal No. 1244 ("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 Employee Assistance Program services ("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 four 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 $15,840.00, 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, 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. Page 1 of 7 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: Rose Bond Human Resources Department 361-826-3878 RoseB2©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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no Page 2 of 7 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, 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 Page 3 of 7 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: Rose Bond Health Benefits Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361-826-3322 IF TO CONTRACTOR: Family Counseling Service Attn: David Schroll, MS, LPC -S, LSOTP 3833 S. Staples, #S203, Corpus Christi, TX 78411 Fax: 361-852-2794 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' Page 4 of 7 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. (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 Page 5 of 7 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; Business Associate Agreement. 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. Contractor must also execute the attached HIPAA Business Associate Agreement ("Attachment E"), the content of which is incorporated by reference as if fully set out herein in its entirety. Contractor acknowledges and agrees, pursuant to this Agreement and the federal Health Insurance Portability and Accountability Act of 1996 (the "Act"), as amended, Contractor is subject to the terms and conditions of the Act and Attachment E. 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 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTR Signature: Printed Name: NV 1/L Title: R ke can'JE r 1 eregp (a Date: q 10 — SO l'1 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 Attachment E: HIPAA Business Associate Agreement Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1244 Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 Attachment A: Scope of Work Scope of Work 1. General Requirements A. The Contractor shall provide an employee assistance program counseling and services as outlined in this Scope of Work. B. The City reserves the right to audit Contractor performance by reviewing pertinent records and documentation, including clinical records, subject to appropriate confidentiality requirements. 2. Scope of work A. The Contractor shall provide the following services and access levels. 1. Toll-free clinical referral line 24 hours a day 2. Three (3) visits with a licensed, experienced EAP provider for employee, employee's spouse, employee's dependent children 3. Dependent/Elder care referrals and assistance 4. Online EAP resources 5. Onsite assistance workshops 6. Dedicated account management tea 7. Quarterly reporting capabilities 8. Critical/Crisis Response capabilities with onsite personnel within 24 hours 9. Promotional and educational communication materials and Management training seminars; up to 12 sessions per year B. The Contractor must be properly licensed to conduct employee assistance program counseling and services. C. Contractor must provide online capabilities and services for member access. 3. Work Site and Conditions The Contractor shall have Call Center located in continental United States. The Contractor must provide call center procedures to include how each EAP call is handled, how many rings before any call is answered, and if a call is answered by clinician, follow up calls. 4. 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. Page 1 of 2 5. Special Instructions A. The Contractor shall conduct customer satisfaction surveys and provide a copy of most recent results to the City. B. Contractor shall be responsible for any materials printing and or mailing cost. Page 2 of 2 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No 1244 Employee Assistance Program Family Counseling Service Bidder: Authorized Signature: PAGE 1 OF 1 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 applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT! QTY Unit Price Total Price 1 Start up Fee EA 1 0 0 Counseling Services - Per Employee, 2 Per Month (Estimated Qty) EA 2750 ,1� 8 $1,320 monthly Total i$15,840 yearly Attachment C: Insurance Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. 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. 2. Contractor must furnish to the City's Risk Manager and Director of Health Department one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation 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 B of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 4 PROFESSIONAL LIABILITY $1,000,000.00 each claim $2,000,000.00 Each Policy Year Aggregate 3. 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. B. ADDITIONAL REQUIREMENTS 1. 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. 2. 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. 3. 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 4. 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 Page 2 of 4 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 3 of 4 2017 Insurance Requirements Purchasing - Human Resources Benefits Employee Assistance Program and Counseling Services 06/22/2017 sw Risk Management Page 4 of 4 Attachment C: Bonds Section 5B. Bond is Null for this Service Agreement. Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. ATTACHMENT E BUSINESS ASSOCIATE AGREEMENT This Privacy Agreement ("Agreement") is effective upon signing this Agreement and is entered into by and between City of Corpus Christi ("City") and Family Counseling Service, as Contractor (the "Business Associate") . 1. Term. This Agreement shall remain in effect for the duration of Service Agreement No. 1244 the Business Associate has with the City to provide employee assistance program services and shall apply to all of the Services provided by the Business Associate pursuant to this Agreement. 2. HIPAA Assurances. In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information ("PHI") in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations ("HIPAA") and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall: (a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of the City in the same manner that such sections apply to the City; (b) Not use or further disclose the PHI, except as permitted by law; (c) Not use or further disclose the PHI in a manner that had City done so, would violate the requirements of HIPAA; (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the City; (f) Report promptly to the City any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware; (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions; (h) Make available PHI in accordance with the individual's rights as required under the HIPAA regulations; (i) Account for PHI disclosures for up to the past six (6) years as requested by Page 1 of 3 City, which shall include: (1) Dates of disclosure, (2) names of the entities or persons who received the PHI, (3) a brief description of the PHI disclosed, and (4) a brief statement of the purpose and basis of such disclosure; (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer's compliance with HIPAA; and (k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA. 3. Termination upon Breach of Provisions. Notwithstanding any other provision of this Agreement, City may immediately terminate this Agreement and the Service Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, City may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. City shall also have the option to immediately stop all further disclosures of PHI to Business Associate if City reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of these Agreements is not feasible, Business Associate hereby acknowledges that the City shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of these Agreements to the contrary. 4. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by City, Business Associate shall either return or destroy all PHI received from the City or created or received by Business Associate on behalf of the City in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business Associate shall provide to City notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information. 5. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries. 6. De -Identified Data. Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non -personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified. 7. Amendment. Business Associate and City agree to amend this Agreement to the Page 2 of 3 extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits City to comply with the then most current version of HIPAA and the HIPAA privacy regulations. 9. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations. 10. Survival. The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement. CONTRA Signature: ��,, ``'' Printed Name: DAV I D 6cygo LL Title: E ( f} V C Di R E e k Date: q - I i --I - Q0i-1 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Approved as to legal form: , 2017 Elizabeth Hundley Assistant City Attorney for Miles Risley, City Attorney Pace 3 of3 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: 2017-256552 Date Filed: 09/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Family Counseling Service 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. Contract # 1244 Employee Assistance Program 4 Name of Interested Party City, State, Country {place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I .wear, or affirm, -.. penalty of perjury, that t - above disclosure is true and correct, ,ulu, ',\tiRt,Y PO/ PATRICIA ZAPATA 3r°;' `f=Notary Public, State of Texas `�.qfi Comm. Expires 03-13-2021 ''�urr,5,`` Notary ID 11205221 Signature of authorized agent of contracting business entity 6 AFFIX NOTARY STAMP 1 SEAL ABOVE C.0 �c111-ufi f1'' ,P Sworn to and subscribed before me, by the said C --day P e 61 e , ( ,this the of �- , 20 i 7 to certify which, witness my hand and seal of office. 1 ; , :) -----.--_ ,,' ��y I e vt,-11C't(. 1 f C- f ? i] Signature o officer administering oath Printed name of officer administering oath Title of officer administering oath , Forms provided by Texas Ethics Commission wvvw. ethics. state.tx. us Version V1.0.3337 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: September 26, 2017 Legistar Number: 17-1177 Agenda Item: Motion authorizing City Manager, or designee, to execute an agreement with Family Counseling Service of Corpus Christi, Texas to provide employee assistance program services for the Corpus Christi City employees and their families in response to Request for Bid No. 1244 based on the lowest responsive, responsible bid for a total amount not to exceed $15,840.00, and is being budgeted in FY2017-18 through the annual budget appropriations. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Amount Required: $0.00 Fund Name Accounting Unit AcNoount Activity No. Amount General Fund 5614-40610-213 530000 $0.00 Total $0.00 X Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of September 26, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 361 826-3361 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com (361) 826-3169 Workers' Compensation Third -Party Administrator Services CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with York Risk Services Group, Inc. of Parsippany, New Jersey for workers' compensation third -party administrator services in accordance with Request for Proposal (RFP) No. 1133, based on best value for a total amount not to exceed $132,000, budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. PURPOSE: This service provides administrative services of all of the City's workers' compensation claims. BACKGROUND AND FINDINGS: The City of Corpus Christi is self-insured for injuries that City employees suffer on the job as part of our workers' compensation program. The third -party administrator (TPA) is contracted to provide statutorily required workers' compensation benefits to City employees. The TPA is also responsible for the management of all services required in the administration of workers' compensation claims. Services include but are not limited to claims administration, investigation, bill review, pharmacy, case management, rehabilitation services, coordination of peer and designated doctor reviews and pre- authorization (pre -certification). The TPA will store claims' data electronically, thus allowing Risk Management to generate analytical reports which illustrate specific trends. The reports are used to identify the types of injuries that are occurring, the amount paid on injuries, high risk areas, training needs, etc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Risk Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0 $132,000 $132,000 Encumbered / Expended Amount This item $0 $132,000 $132,000 BALANCE $0 $0 $0 Fund(s): Liab/EB WC Comments: The initial contract is for an amount not to exceed $132,000, and funding will be requested during each budget year. The total contract value is $702,000 if all option years are executed. RECOMMENDATION: Risk Management recommends approval to award a service contract to York Risk Services Group, Inc. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix SERVICE AGREEMENT NO. 1133 Workers Compensation Third -Party Administrator Services THIS Workers Compensation Third -Party Administrator Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and York Risk Services Group, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Workers Compensation Third -Party Administrator Services in response to Request for Bid/Proposal No. 1133 ("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 Workers Compensation Third -Party Administrator Services ("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 four 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 $132,000.00, 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, as shown in City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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: Gilbert Sanchez Department: Legal Phone: 361-826-3739 Email: GilbertS2©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: Gilbert Sanchez Title: Safety and Risk Manager Address: 1201 Leopard St., Corpus Christi, TX 78401 Fax: 361-826-3697 IF TO CONTRACTOR: York Risk Services Group, Inc. Attn: Jody A. Moses Title: Senior Vice President Address: 333 City Blvd. West. Suite 1500, Orange, CA 92868 Fax: 512-346-9321 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 With a copy to: Attn: Michael Krawitz Title: Senior Vice President and General Counsel Address: 1 Upper Pond Road, Bldg F 4th Floor, Parisappany, NJ 07054 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (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: Printed Name: c ]„dY f ilose5 Title: Sr. 'J e. h-tside a - Date: A 4 a$, ao 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. 1 133 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 1.1. General Requirements/ Background A. The City of Corpus Christi is seeking qualified Third Party Administrators to provide services to the Risk Management Division for Workers' Compensation Program. B. The Contractor is to provide a broad representation of medical providers included in any PPO network(s) made available to it by the Contractor, including, but not limited to treating physicians, clinics, specialists, physical therapists, rehabilitation services, and pharmacies. The Contractor is to provide a plan allowing a reduction in fees in the event of failure to satisfy an agreed-upon performance standard, consisting of standard industry performance criteria and any special service criteria otherwise agreed upon. C. Contractor must provide the services listed below. 1. Early intervention programs (medical case management) 2. Utilization review/pre-authorization services 3. Medical bill audits 4. Availability and use of PPO networks or other medical fee discount arrangements 5. Rehabilitation services 6. Vocational case management services 7. Assistance with development of medical provider networks 8. On-line computer services 9. Attending DWC hearings (the adjuster is expected to attend all hearings) 10. Impairment ratings/review 11. Run-off (per -claim basis) 12. Run-in (per -claim basis) 13. Re -opened prior (per -claim basis) 14. Peer review 15. Attendance at mediation hearings 16. Surveillance D. The Loss information provided is obtained from the current Claims Administrator and is accurate to the best of the City's knowledge. See Exhibit A. The number of claims the City of Corpus Christi has processed from 2012-2017 totals at 3,006. 1.2. Scope of Work A. Program Administration Requirements 1. The Contractor will appoint a senior account representative, line adjusters and supervisory adjusters to serve solely in a management and administrative capacity. This representative should have at least five years of experience in RFP Template 04.06.17 Page 1 of 9 workers' compensation, and must have experience in insurance matters for municipal entities. This person is to be available one month prior to the start of the contract to ensure a smooth transition with the current Contractor. The person is expected to be responsive to the City's administrative needs. 2. The Contractor must assign a minimum of one qualified senior workers' compensation adjuster to this account to handle indemnity claim. This adjuster should have at least five years of experience in workers' compensation, and must have experience in insurance matters for municipalities. In addition, one qualified, dedicated adjuster to handle medical only claims is to be provided. 3. In the event an assigned adjuster be unable to perform the assigned duties satisfactorily as determined by the City, immediate replacement of such adjuster is required. The City's Risk Manager will be consulted in decisions regarding adjusters who will be handling City claims. 4. The Contractor's hours of operation will be Monday through Friday 8:00 a.m. to 5:00 p.m. 5. The Contractor will collect and report data as required by Federal, State and Local authorities, for the purpose of income filings for those claim payments made by the Contractor. 6. The Contractor shall provide a full range of workers' compensation claims administration services shall be provided in accordance with all requirements of the Texas Labor Code, Texas Insurance Code, Texas Department of Insurance Administrative Rules, and the Texas Workers' Compensation Act. 7. All administrative fines incurred as a result of the Contractor's or the Contractor's subcontractor failure to comply with the Texas Workers' Compensation Act and related rules shall be paid by the Contractor and not the City. 8. The Contractor shall follow all rules applicable to HIPPA (any other similar law). 9. The Contractor shall follow all rules with respect to reporting claims for the purposes of Medicare and such associated reporting is to be done by the Contractor. 10. The Contractor will provide an on-line, web based computer claims services and tracking system to the City that includes, but is not limited to diary narrative, supervisor and adjuster notes, and electronic access to claims files. The claim system must have a standard statistical reporting package. RFP Template 04.06.17 Page 2 of 9 11. The claims system must be capable of generating IRS Form 1099 to vendors and service providers as required by the Internal Revenue Code. The Contractor will forward the Forms 1099 as required by applicable law to the IRS electronically or magnetically based on IRS guidelines. 12. The claims system must be able to provide special reports, and the City must be provided access to all claims data in order to generate its own reports. The claim breakdown is to include, but not be limited to department; accident type; claimant age, gender and occupation; claim severity; line of coverage; claimant experience level; time of day, week and year of accident; and type of equipment involved. 13. The claims system must allow the City to enter the first report of injury electronically. 14. All claims are to be electronic/paperless. 15. The Contractor shall scan and attach all claim documents to the electronic claim. Physical storage for historical workers' compensation claim files must be provided. 16. The Contractor must have a comprehensive business continuity/disaster plan for data recovery. 17. The Contractor will utilize the same injury codes, classification codes and departmental codes as the City's current system. 18. The Contractor will meet with the City on a quarterly basis to review open claims. 19. All claims reported under the contract, including records only, medical only, indemnity claims, and subrogation will be administered until fully settled, regardless of the period of time involved or required, in accordance with the fee structures indicated in the contract for services. 20. The Contractor will be responsible for handling subrogation claims until settled by all parties. Approval of the City's Risk Manager is required before discounting any subrogation lien. 21. Settlement of any claim requires the approval of the City's Risk Manager. RFP Template 04.06.17 Page 3 of 9 22. The Contractor will notify the City's Risk Manager via email within forty-eight (48) hours that a Benefit Review Conference or Contested Case Hearing has been scheduled. 23. Contesting the decision of any hearing officer requires the approval of the City's Risk Manager. 24. Upon expiration or termination of the contract resulting from this RFP, within thirty days of the City's request, at no additional cost to the City, the current Contractor shall provide the new Contractor with all data requested by the City. B. Fund Requirements 1. The City will make funds available that the Contractor may draw from for claims and/or loss payments. The City will hold all funds for outstanding claims and reserves. A loss fund will be maintained in an amount agreeable to the Contractor and to the City. 2. All payments made shall be made by issuance of checks from the designated City -administer checking account established at the City's depository bank. The Contractor shall electronically transmit a check register to the City's Financial Services Department on a monthly basis. Such check register shall be transmitted by the Contractor no later than the second business day of the month following the month to which the check register refers. 3. The Contractor shall transmit, via email, the check number, check amount and date of the check to the City's depository before a check is mailed. In lieu of issuing stop payment requests, the Contractor shall void the check with the City's depository so that the request to deny payment remains in effect indefinitely. For each voided check the Contractor shall transmit to the City's depository via electronic file transfer the check number, check amount and the date of the check. 4. The City shall be responsible for balancing and reconciling this account monthly, including processing of all unclaimed checks. 5. The City will advise the Contractor, at least quarterly, on the status of outstanding checks so that the Contractor may determine whether payment(s) to any payee should be voided and reissued, or be processed as unclaimed property. 6. Duplicate payments of any type which are unrecovered by the Contractor shall be reimbursed to the City by the Contractor. RFP Template 04.06.17 Page 4 of 9 7. The Contractor will furnish the City with monthly summaries of the bank account and expenditures, including a list of all checks, vouchers and voided checks, in numerical sequence. The summaries must include the following: • Claimant Name and Claim Number • Date of Issue • Amount • Payee • Type of Benefit Paid • Benefit Period 8. The Contractor will review open reserves with the City's Risk Manager monthly. 9. The Contractor will be subject to the approval of the excess workers' compensation insurance company, if requested by the excess insurer, as may be applicable. C. Claims Administration 1. The Contractor will provide claims reporting services on a 24 hour basis. 2. The Contractor agrees to use claim forms provided by the City, or otherwise to furnish the forms to the City as may be necessary. 3. The Contractor will investigate, reserve, adjust, settle or decline all reported claims in accordance with state workers' compensation statutes and generally accepted loss adjustment standards. 4. The Contractor shall assign a reported claim to an adjuster within 24 hours of the Contractor's receipt of notice of injury. 5. The assigned adjuster will contact, or attempt to contact, all claimants within 24 hours of receiving notice of claim assignment. 6. The Contractor will contact the injured employee's department and medical provider within two business days of notification of an injury. 7. The Contractor will obtain recorded statements from claimants within two (2) business days of notification of injury. In addition, the Contractor will obtain recorded statements from any witness when there is any lost time involved in the claim. 8. The Contractor will obtain approval from the City prior to denying any claim or prior to final disposition of any claim settlement that is outside the settlement authority granted to the Contractor by the City. Any request for settlement RFP Template 04.06.17 Page 5 of 9 authority or declinations will be submitted in writing to the City with the following information: • A description of the facts and nature of the incident • A description of the damages and/or injuries • An evaluation of the incident • The claimant's demand • The amount for which authority is requested 9. The City will reserve the right to direct the handling of any claim or to take over the handling of any claim at any time during the life of the service agreement and/or the life of the claim. 10. The Contractor will monitor medical treatment of injured employees and obtain appropriate medical reports. 11. The Contractor will keep all open claims on a current diary system, which provides for periodic review by the assigned adjuster. Each file shall be reviewed and updates as necessary, but not less than once every 30 days. 12. The Contractor will audit medical, hospital and miscellaneous invoices prior to approving for payment. 13. The City will retain the right to select its own medical service providers, as well as others utilized for special claims handling procedures, inclusive of internal medical resources; i.e., nurse practitioners. 14. The Contractor will authorize medical treatment and indemnity benefits considered related, customary and necessary, issue checks or authorize payments for treatment and benefits. The payment of indemnity and medical benefits must be in accordance with the express authorization issued by the City to the Contractor. 15. The Contractor will conduct an on-site investigation of any claim at the request of the City within 24 hours of receiving the first notice of loss. At the discretion of the City, claims with severe loss potential will be investigated on the same day the claim is reported. 16. The Contractor will prepare and provide the City with narrative reports for serious or contested injuries, when appropriate and as requested by the City. 17. The Contractor will be alert to the potential for subrogation and make every effort to secure and pursue the City's rights of recovery. RFP Template 04.06.17 Page 6 of 9 18. The Contractor will negotiate settlement with injured employees, their attorneys or representatives within the discretionary settlement authority. 19. The Contractor will consult with the City and defense attorneys in the settlement of litigated claims, and provide and monitor files for the defense and outcome of these litigated claims. 20. The Contractor may assist in the recommendation and selection of defense attorney(s); however, the City will retain the right to select the attorney(s) it chooses. 21. The Contractor will be available to assist in the development and/or implementation of written procedures and instructions to assure quality and ongoing operation of the City's claims management program. 1.3. Quality Control A. Contractors must have policies and procedures in place to ensure and measure internal quality control. The policies and procedures should address all aspects of the claims handling process, including, but not limited to: 1. Claims adjuster/supervisor caseloads for employers' liability and workers' compensation 2. Claims file documentation requirements 3. Provide a web -based claims handling program 4. Investigation and communication 5. Initial contact with injured employee 6. Recorded statements 7. Reserving guidelines 8. Frequency of reviews of open claim reserves 9. Diary system maintained for all claim activities 10. Frequency of supervisor's review of each adjuster's claim files 11. Frequency of follow-up contacts with workers' compensation lost -time claimants 12. Pursuing subrogation 13. Litigation/attorney management 14. Expense controls on other vendors 15. Special investigation or surveillance procedures 16. Compliance with excess insurance reporting requirements 17. General client servicing requirements and guidelines 18. Index bureau query and reporting guidelines B. The Contractor will furnish administration manuals, including instructions and all necessary forms within 30 days following the effective date of the awarded contract RFP Template 04.06.17 Page 7 of 9 1.4. Quality Assurance A. The Contractor will be subject to periodic claims audits by an independent firm at the discretion of the City. The purpose of such an audit is to measure compliance with the agreed-upon claims administration servicing standards desired by the City. B. The City has the option to audit any or all files maintained by the Contractor and requires adequate internal controls. The Contractor is required to provide adequate internal control procedures to protect the City from any type of financial loss. RFP Template 04.06.17 Page 8 of 9 EXHIBIT A Claim Type by Year No. of Claims Total Paid Outstanding Total Incurred 2012 Indemnity Medical Only Medical Only - Complex 2013 Indemnity Medical Only Medical Only - Complex Medical Only - Minor Reporting Purposes Only 2014 Indemnity Medical Only Medical Only - Complex Medical Only - Minor 2015 Indemnity Medical Only Medical Only - Complex Reporting Purposes Only 2016 Indemnity Medical Only Medical Only - Complex Reporting Purposes Only 2017 Indemnity Medical Only Medical Only - Complex Reporting Purposes Only Grand Total 668 1 44 612 11 603 56 533 10 3 1 549 57 478 13 1 523 59 362 29 73 545 41 318 23 163 118 4 78 1 35 3006 $1,387,802.40 $19,210.00 $971,192.45 $336,736.86 $60,663.09 $1,721,992.72 $1,463,035.43 $196,463.55 $61,649.80 $843.94 $0.00 $1,512,514.99 $1,284,778.81 $175,751.82 $51,332.70 $651.66 $1,791,860.28 $1,545,829.63 $145,767.58 $100,263.07 $0.00 $743,247.87 $443,847.40 $233,684.45 $65,716.02 $0.00 $37,647.27 $8,543.23 $26,041.41 $3,062.63 $0.00 $7,195,065.53 RFP Template 04.06.17 Page 9 of 9 $51,128.44 $0.00 $51,128.44 $0.00 $0.00 $16,352.04 $16,352.04 $0.00 $0.00 $0.00 $0.00 $65,445.04 $65,445.04 $0.00 $0.00 $0.00 $341,494.52 $331,509.12 $0.00 $9,985.40 $0.00 $478,650.98 $437,109.88 $25,156.65 $16,384.45 $0.00 $257,110.32 $144,810.86 $97,503.34 $14,796.12 $0.00 $1,210,181.34 $1,438,930.84 $19,210.00 $1,022,320.89 $336,736.86 $60,663.09 $1,738,344.76 $1,479,387.47 $196,463.55 $61,649.80 $843.94 $0.00 $1,577,960.03 $1,350,223.85 $175,751.82 $51,332.70 $651.66 $2,133,354.80 $1,877,338.75 $145,767.58 $110,248.47 $0.00 $1,221,898.85 $880,957.28 $258,841.10 $82,100.47 $0.00 $294,757.59 $153,354.09 $123,544.75 $17,858.75 $0.00 $8,405,246.87 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 1133 Workers Compensation Third -Party Administration Services DATE: Jul 20, 2017 York Risk Services Group ,Jody A. Moses, Senior Vice President PROPOSER r AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide 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. Item Description Unit Fee Workers' Compensation 1 Indemnity 2 Medical - Only 3 Report - Only RunCf Cost Per claim Per claim Per claim $960 $175 $35 11 12 13 14 Utilization Review Services Medical Bill Audits Use of 504 Physician Panel Network Per review Per bill Item 13 — Based on 504 Board approval Page 1 of 3 Please refer to the following page for York's pricing notes and years 2 through 5 pricing for claims and managed care services. We have also provided flat annual fee option for the City's consideration. Page 2 of 3 Item Description Unit Fee 15 Vocational Case Management Services Per claim $90 per hour 16 Return to Work/Medical Provider Programs Per claim $90 per hour 17 Online Computer Services Per user $Included 18 Attending DWC Hearings(BRC and CCH) Per hearing $Included 19 Attending Mediation Hearings Per hearing $Included 20 Impairment Rating Review Per review $250 Physician Review 21 Pursuing Subrogation Per claim $Included 22 Re -open prior claims Per claim $200 for FPC reopen 23 Peer Review Per review $ 250 - $650 per review 24 Attorney Fees Per hour $ Included 25 Precertification Per Precertification $ Included 26 Administrative Fee Per month $1200.00 Please refer to the following page for York's pricing notes and years 2 through 5 pricing for claims and managed care services. We have also provided flat annual fee option for the City's consideration. Page 2 of 3 Page 3 of 3 tivarc tha ar•Iminictrafinn of all takanvar r+laime anrr nny n9w r -ported ^Jaime during the Thic foe ye^r. �trurt1 ira allnwe *ICI city a ca+ amni int ca^h mOntkIyoar that can be budgeted rogardlocc of the nrraacalrianraaca in claim link imp $1x1,667 $138,007 [142,050 X147,144 Fee per claim structure is challenging to support the City's request for a "dedicated" claim examiner. The examiner will manage nothing but the City's claims regardless of any change in claim volume. Should the volume decrease, York could be in the position with too few claims to support the cost of the fully dedicated claim examiner. Therefore, the fee per claim pricing stated on the pricing page above requires a fee for takeover claims at each anniversary during the contract term. York will remain open should the City wish at some point to a "designated" examiner that we may reprice accordingly. York's service is reliant on our employees, therefore we strive to provide competitive salaries, benefits, and training to recruit and retain staff. As such, all proposed fee per claim pricing above shall have 3% annual increases to keep up with increase labor costs. Managed Care Fees Years 2 through 5 EY! Review Pricin • Year 2 Year 3 Year 4Year $8.24 $8.49 $8.74 5 $9.00 ```�� • �MIL Preauthorization Pricin • Year 3 Year 4 Year 5 Nurse $95.00 Physician $170.00 Nurse $98.00 Nurse $98.00 Nurse $99.00 Physician $175.00 Physician $175.00 Physician $180.00 Retros•ective Utilization Review Year 2 Year 3 Year 4 . Year 5 $170.00 $175.00 $175.00 $175.00 Case Mana • ement Year 2 Year 3 Year 4 Year 5 IN- FCM $91.00 FCM $92.00 FCM $93.00 FCM $94.00 TCM $86.00 TCM $87.00 TCM $88.00 TCM $89.00 Page 3 of 3 Attachment C: Insurance Requirements A. PROPOSER'S LIABILITY INSURANCE 1. Proposer must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Proposer must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Proposer must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $1,000,000 Per Occurrence Page 1 of 3 WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Proposer must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Proposer must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Proposer will be promptly met. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Proposer shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Proposer agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Proposer shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Proposer's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Proposer's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Proposer to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Proposer's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Legal Dept. - Risk Management Worker's Compensation TPA Services 05/02/2017 sw Risk Management Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 RFP No.1133 Workers' Compensation Third -Party Administrator Services - Summary Evaluation Matrix Proposal Evaluation p Alternative Services Concepts, LLC CAS- Claims Administratives Services, Inc. CorVel Enterprise Comp, Inc. Tristar Risk Management York Risk Services Group, Inc. **Cannon Cochran Management g Services Inc. Minimum Qualifications Required three years in business No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Pass Pass Pass Pass Pass Fail Pass Pass Pass Pass Pass Fail Pass Pass Pass Pass Pass Fail Pass Pass Pass Pass Pass Fail Pass Pass Pass Pass Pass Fail Technical Proposal Technical Proposal (50 points) 35 36.33 38.33 42 46.33 0 Interview Interview (30 points) 26.33 22.33 25.67 25 28.67 0 Price Price (20 points) 18.37 20 17.29 11.9 15.89 0 Total 79.7 78.66 81.29 78.9 90.89 0 ** Deemed non-responsive due to Firm not utilizing the correct pricing form. 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: 2017-238465 Date Filed: 07/19/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. York Risk Services Group, Inc Parsippany, NJ 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. 1133 Workers' Compensation Third-Party Administrator Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Moses, Jody Orange, CA United States X Creasey, E. Harry Parsippany, NJ United States X Taketa, Richard Parsippany, NJ United States X Mukherjee, Saswata Parsippany, NJ 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. lINE M. THEVENET 11,41Rr FL= OF NEW JERSEY--AL4 10 1 2450281 fill t &Ores 1017/2019 Signature of authorized a t of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE jj L t^Q / IAlc�._vtUr1 LE,itz.1 7 Sworn to and subscribed before me, by the said , this the 1 CI day of il:ly , 20 i -1 , to certify which, witness my hand and seal of office. P-1 4/7‹._. I/ 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 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: September 26, 2017 Legistar Number: 17-1147 Agenda Item: Motion authorizing the City Manager or designee to execute a service agreement with York Risk Services Group, Inc. of Parsippany, New Jersey for workers' compensation third -party administrator services in accordance with Request for Proposal (RFP) No. 1133, based on best value for a total amount not to exceed $132,000, budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to four additional one-year periods, subject to the sole discretion of the City. Amount Required: $0.00 Fund Name Accounting Unit AcNoount Activity No. Amount Liab/EB WC 5612-40510-005 537204 $0.00 Total $0.00 x Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM City Council Meeting of September 19, 2017 DATE: August 21, 2016 TO: Margie C. Rose, City Manager FROM: Tom Schmid, President and CEO of Texas State Aquarium Texas State Aquarium Update STAFF PRESENTER(S): Name 1 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Name Title/Position Organization 1. Tom Schmid President & CEO Texas State Aquarium 2. BACKGROUND: With the opening of the new Caribbean Journey at the Texas State Aquarium, the city has experienced a strong summer tourism season. The briefing will cover information regarding Aquarium attendance, visitor origin, and preliminary information from recent research that the CVB has commissioned regarding tourism drivers in the city. It will also cover how HOT funding has been utilized this year, and plans for 2018. LIST OF SUPPORTING DOCUMENTS: Presentation — Corpus Christi CVB Tourism Brand Health Study August 29, 20 Corpus Christi CVB Tourism Brand Health Stud iition to the TSA, the USS Lexington, Schlitterbahn, and Se um/Memorial are opportunities to attract RGV travelers What are the favorite attractions or activities that could motivate you to visit Corpus Christi (Please select up to 3 of your top choice Austin ■ Houston ■ San Antonio RGV Beaches (North, Gulf, etc.) Texas State Aquarium USS Lexington Shoreline Boardwalk, Marina and Seawall Padre Island National Seashore Culinary Experiences (Gulf Seafood, Mexican rood/Tacos, etc.] Schlitterbahn Ambiance/relaxation of the area Bayfront and Downtown Corpus Christi Special events (such as concerts, conferences, festivals, sports events, etc.) Fishing adventures Selena Museum/Memorial Statue Family/Friends live in Corpus Christi 20% 18% -v% 3U E �ae6 J'°!a 95/ 12% q° 1.29'0 1 r5% 11 14% Df 4% o- 0 lirdiN 1010 13°x6 i7. Attractions with an overage of tO% or mora endorsement across diver markets. See Appendix for all extraction scares, fie—And 4e 1th Aftiriv 20% 18% 25°l 29% 32% 24% �IiIA_Q1 :hes and the TSA are top trip motivators for Corpus visitors visitors What are the favorite attractions or activities that could motivate you to visit Corpus Christi (Please select up to 3 of your top choices) by Have ever visited Corpus Christi Yoe Beochos (North, Gulf, etc.) gNo Texas StataAquarlum — — 27% USS Lexington J -rr 164i 22% it% Padre Isiund IEaUanol Seashore — —� 21% Sharellne Boardwalk, Marino and Seawall Culinary Experiences (Gulf Seafood, Mexicon Food/Taws, etc) - 1 11% 15% Sohl Ittarbaho A rnblanca/ ralaxation of tho aroo Fishing advanturas Spoclol ovants (such as concerts, conforances, festivals, sports grants, etc.) Bayfront and Downtown Carpus Christi Family/Frlands !Ivo fn Corpus Christi Solana Museum/Montarfal Statue South Texas Botanical Garden Shopping/Retail Opportunlilas Museum of Sc lance and History None of these Wind and Water Sports (such as kayaking, surfing, paddle boarding, ate.) Art Musaerm of South Taxes H u rdco na Allay Water Park Blydlrtg Art Center of Corpus Christi Bob Hall Plar South Taxes Instituto for the Arta 1,318 (Yes—Have visited CC) and 1,319 (No -Have not visited CC). anNIWINa4% iNdiTaMil 14% 11% 35% 38% 44% Schlitterbahn i slightly more motivating foi non -visitors sti Brand Health Study 08/01/1