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HomeMy WebLinkAboutAgenda Packet City Council - 11/07/2017City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 7, 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 Elder Jimmy Perez, New Life Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jose A. Barrientes, Sergeant -at -Arms, Coastal Bend Marine Corps League #430. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 17-1412 Proclamation declaring November 5-11, 2017, "National Radiation Therapy Technician Week". Proclamation declaring November 10, 2017, "United States Marine Corps Birthday", and declaring November 7-14, 2017, "The 242nd Marine Corps Birthday Week". Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-1414 Regular Meeting of October 31, 2017. Attachments: Minutes - October 31, 2017 H. BOARD & COMMITTEE APPOINTMENTS: 3. 17-1413 Citizens Advisory Health Board Commission on Children and Youth Corpus Christi Regional Transportation Authority Library Board Planning Commission Sister City Committee Attachments: Citizens Advisory Health Board Commission on Children and Youth Corpus Christi Regional Transportation Authority Library Board Planning Commission Sister City 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 11/6/2017 City Council Meeting Agenda - Final November 7, 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 AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 10) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 17-1008 Resolution approving Bond 2016 Residential Street Rebuild Program (RSRP) Project Work Plan. Attachments: Agenda memo - RSRP Bond 2016 Work Plan.docx Resolution - RSRP Bond 2016 Work Plan .docx Exhibit A - Bond 2016 RSRP Work Plan Street List Presentation - RSRP Bond 2016 Work Plan - Legistar.pptx Location Maps 2.pdf Resolution approving Concepts, etc. (031088).pdf 5. 17-1082 Contract Amendment No. 1 and Testing Agreement for Residential Street Rebuild Program (RSRP) Bond 2016 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667 for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP) Project. Attachments: Agenda Memo - Residential Street Rebuild Project City of Corpus Christi Page 3 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 17-1082 - Contract Amendment Presentation Project Budget Item 17-1082 (Final) Location Map - Residential Street Rebuild Project Amendment No. 1 Hanson - Residential Street Rebuild Program Testing Agreement PSI - Residential Street Rebuild Program COF - Residential Street Rebuild Project 6. 17-1258 Construction Contract for the O.N. Stevens Water Treatment Plant Maintenance Building (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the O.N. Stevens Water Treatment Plant (ONSWTP) Maintenance Building for Total Base Bid. (Capital Improvement Program) (CIP) Attachments: Agenda Memo - ONS Maint bldg Project Budget - ONSWTP Maintenance Bldg Location Map - ONSWTP Maintenance Bldg Presentation - ONSWTP Maintenance Bldg Form 1295 - ONSWTP Maintenance Bldg Letter of Recommendation - ONSWTP Maintenance Bldg Plan Holders List - ONSWTP Maintenance Bldg 7. 17-1305 Professional Services Contract for Allison Basin Wastewater Master Plan Update 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 $67,450 for Allison Basin Wastewater Master Plan Update. Attachments: Agenda Memo - Allison Basin Budget - Allison Basin Location Map - Allison Contract - Allison Presentation - Allison 8. 17-1362 Second Reading Ordinance - Accepting and appropriating Grant funds for Assistance to Firefighters Grant Program (1st Reading 10/31/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management City of Corpus Christi Page 4 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program. Attachments: Agenda Memo - Assistance to Firefighters Ordinance - Assistance to Firefighters Award Letter - Assistance to Firefighters 9. 17-1231 Second Reading Ordinance - Appropriating Utility Revenue Improvement Bond Funds and approving the Master Service Agreement for the Seawater Desalination Project (Capital Improvement Program) (1st Reading 10/31/17) Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) Attachments: Agenda Memo - Seawater Desalination Ordinance - Desal and SWIRFT funds - final Project Budget - Seawater Desalination Location Map - Seawater Desalination Presentation - Seawater Desalination Contract MSA - Seawater Desalination 10. 17-1286 Second Reading Ordinance - Appropriating Funds and Authorizing a Construction Contract for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction (Airport Capital Improvement Program) (1st Reading 10/31/17) Ordinance appropriating $4,899,563.58 from a Federal Aviation Administration Grant; appropriating $544,395.98 from Airport Operating Reserve and transferring to Airport Capital Reserve for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron project; amending the FY '18 Capital Improvement Program (CIP) Budget by $5,443,959.56; and authorizing the City Manager, or designee, City of Corpus Christi Page 5 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 to execute a construction contract with SpawGlass Civil Construction, Inc., of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. Attachments: Agenda Memo - CCIA East GA and Terminal Apron Reconstruction Ordinance - CCIA East GA and Terminal Apron Reconstruction Project Budget - CCIA East GA and Terminal Apron Reconstruction.xlsx Location Map - CCIA East GA and Terminal Apron Reconstruction.pdf Presentation -CCIA East GA and Terminal Apron Reconstruction Letter of Recommendation & Bid Tab Form 1295 - SpawGlass.pdf Grant 56 Award L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. 17-1365 Public Hearing and First Reading Ordinance - Rezoning property located at 3413 South Staples Street. Case No. 0917-04 Guernsey: A change of zoning from the "RS -6" Single Family 6 District to the "ON" Neighborhood Office District. The property is described as being 0.655 acres out of 26.32 acres of U Lott Tract, located on the south side of Staples Street, east of Casa Linda Drive, and west of Hayward Drive. Planning Commission and Staff Recommendation (October 4, 2017): Approval of the change of zoning from the "RS -6" Single Family 6 District to the "ON" Neighborhood Office District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Eugene Guernsey and Celeste Guernsey ("Owners"), by changing the UDC Zoning Map in reference to 0.655 acres out of 26.32 acres of U Lott Tract, from the "RS -6" Single Family 6 District to the "ON" Neighborhood Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-04 Guernsey Ordinance 0917-04 Guernsey with attachments Presentation 0917-04 Guernsey Zoning Report 0917-04 Guernsey 12. 17-1366 Public Hearing and First Reading Ordinance - Rezoning property City of Corpus Christi Page 6 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 located at 6686 South Padre Island Drive (SH 358) Case No. 0917-05 AN Corpus Christi Chevrolet, LP.: A change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District. The property is described as being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive (SH 358), east of Airline Road, and west of Nile Drive. Planning Commission and Staff Recommendation (October 4, 2017): Denial of the change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG -1" General Commercial District with a Special Permit (SP) with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by AN Corpus Christi Chevrolet, LP. ("Owner"), by changing the UDC Zoning Map in reference to the property described as being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, from the "CG -1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-05 AN Corpus Christi Chevrolet, LP. Ordinance 0917-05 Special Permit AN Corpus Christi Chevrolet, LP. with Exhi Ordinance 0917-05 AN Corpus Christi Chevrolet LP. with Exhibit PP 0917-05 AN Corpus Christi Chevrolet LP. Legistar Zoning Report 0917-05 AN Corpus Christi Chevrolet LP. with Exhibits N. REGULAR AGENDA: The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 13 - 19) 13. 17-1352 First Reading Ordinance - Five -Year Lease Agreement for Property Located Near McKenzie Road and Allison Drive Ordinance authorizing the City Manager to execute a five-year Lease Agreement with Rotary Club of West Corpus Christi for the use of property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements. Attachments: Agenda Memo - Rotary Club of West CC Boy Scout Hut Ordinance for Rotary Club of West CC City of Corpus Christi Page 7 Printed on 11/6/2017 City Council Meeting Agenda - Final November 7, 2017 2017 West Corpus Christi Rotary Club Leasev2 legal signed 14. 17-1353 First Reading Ordinance - Amendment to Lease with Padre Island Yacht Club (28 -Day Delay Required) Ordinance authorizing the City Manager to execute an amendment to the Lease Agreement with Padre Island Yacht Club for expanded leased area near the Wastewater Treatment Plant on Whitecap Blvd to include additional area of 50 feet by 300 feet and amendment of renewal term provisions. Attachments: Agenda Memo - Amd to Lease with Padre Island Yacht Club Ordinance for PIYC amendment FINAL Amendment) PIYC Lease signed 15. 17-1363 First Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Summer Breeze Estate Phase 2 located west of Flour Bluff Drive and north of Yorktown Boulevard Ordinance exempting Summer Breeze Estate Phase 2, Block 1, Lots 1-10 located west of Flour Bluff Drive and north of Yorktown Boulevard from the payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Summer Breeze Estate Phase 2- WW Exem Ordinance & SS Agreement - Summer Breeze Estate Phase 2 -WW Exemption Summer Breeze Estate WW Exemption Presentation Legistar 16. 17-1364 First Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Oso George Village Unit 2 located north of Yorktown Boulevard and west of Roscher Road Ordinance exempting Oso George Village Unit 2, located north of Yorktown Boulevard and west of Rocher Road from the payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Oso George Village Unit 2. WW Exem Ordinance with attachments - Oso George Village Unit 2 Ord sign agreement Powerpoint Presentation WW Exemption Oso George Village Unit 2 Legistar 17. 17-1386 First Reading Ordinance - Nueces Electric Cooperative Electric Franchise Ordinance Granting To Nueces Electric Cooperative, Its Successors And Assigns, A Non -Exclusive Franchise To Construct, Maintain And Operate Lines And Appurtenances And Appliances For Conducting Electricity In, City of Corpus Christi Page 8 Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final Over, Under And Through The Streets, Avenues, Alleys And Public Rights-Of-Way Of The City Of Corpus Christi, Texas. NEC Franchise Agenda Memo with Map Ordinance - NEC Franchise final document 10-23-2017 Attachments: 18.17-1385 First Reading Ordinance - Approving the 2018 Annual Audit Plan Ordinance to approve the 2018 Annual Audit Plan. Agenda Memo 2018 Audit Plan Ordinance to Approve 2018 Annual Audit Plan Exhibit A- 2018 Annual Audit Plan Attachments: 19.17-1403 First Reading Ordinance - Appropriating Funds for Replacement of Vehicles Damaged by Hurricane and One Vehicle Totally Damaged in Automobile Accident for the Parks and Recreation Department Ordinance to appropriate $615,000 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of replacement vehicles and equipment for beach operations damaged from Hurricane Harvey including 5 ATVS, 7 pickup trucks, 1 tractor, and 1 beach tech machine; including one vehicle declared totally damaged in an automobile accident; and amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $615,000. Agenda Memo - Appropriate SHOT Reserves Ordinance - Appropriate SHOT Reserves Copy of Hurricane Harvey Damage - Vehicles - Equipment.2 Attachments: P.FUTURE AGENDA ITEMS: (ITEMS 20 - 29) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20.17-1389 Service Agreement for the management of the American Bank Center Complex Not-To-Exceed Amount of $16,557.171.15 with Three One-Year Options for a Total Potential Not-To- Exceed $24,978,169.39 Motion authorizing the City Manager or designee to execute a service agreement with SMG, West Conshohocken, Pennsylvania, for the management of the American Bank Center complex, in accordance with RFP No. 1222, based on the best value proposal. The agreement will be for a not-to-exceed value of $16,557,171.15 excluding capital contributions to be determined, and approximately $2,759,528.52 will be funded in FY2017-2018. The term of the agreement is from February 1, 2018 to September 30, 2023, with three additional one year options subject to the sole discretion of the City, with a total for a potential multi-year Page 9 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final not-to-exceed amount of $24,978,169.39. Agenda Memo - American Bank Center Management Services Pricing Sheet - American Bank Center Management Services Final ABC Service Agreement 10.30.17 Presentation - American Bank Center Management Services Form 1295 COF budget 13822 Org. 17-1389.pdf Attachments: 21.17-1347 Supply Agreement for Corpus Christi Fire Department Medications for Emergency Medical Services Motion authorizing City Manager, or designee, to execute a supply agreement with Life-Assist, Inc., of Rancho Cordova, California to purchase medications for Corpus Christi Fire Department in response to Request for Bid (RFB) No. 1295 based on the lowest responsive, responsible bid for a total amount not to exceed $142,298.14, of which $118,581.78 is funded FY 2017-18 by the Fire Department. The term of this contract is for one year. Agenda Memo-Corpus Christi Fire Department Medications Bid Tab-Corpus Christi Fire Department Medications Supply Agreement-Corpus Christi Fire Department Medications Form 1295-Corpus Christi Fire Department Medications Attachments: 22.17-1340 Motion Authorizing two-years of Public Safety Software Maintenance and Support Agreement from Intergraph Corporation in the amount for a total potential multi-year amount of $577,898.17 Motion authorizing the City Manager, or designee, to execute all documents necessary to obtain two years of public safety software maintenance and support from Intergraph Corporation dba Hexagon Safety & Infrastructure for one year beginning November 1, 2017, in the amount of $246,612.28 for FY17-18 and for a second year for $259,661.48 in FY18-19 (subject to appropriation); and for payment from August 1, 2017, to October 31, 2017, in the amount of $71,624.41, for a total potential multi-year amount of $577,898.17. Agenda Memo - Intergraph Mainenance Renewal AgreementFY1718 - 1-1DURMQ7 Corpus Christi TX City Of YR 1 of 2 QUOTE 10.23.pdf AgreementFY1819 - 1-1HS0LGS Corpus Christi TX City Of YR 2 of 2 QUOTE 11.1 Form1295 - 2781_001.pdf Attachments: 23.17-1367 Motion Authorizing three one-year software maintenance and hosting agreements for electronic plan review, wastewater line modeling and project scheduling and customization support for a total amount not to exceed $137,547.65. Page 10 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final Motion authorizing the City Manager, or designee, to execute three one-year software maintenance and hosting agreements, effective September 29, 2017, with Bentley Systems, Inc. of Exton, Pennsylvania, for electronic plan review ($60,000), wastewater line modeling and project scheduling ($23,547.65), and customization support ($54,000) for a total amount not to exceed $137,547.65. Agenda Memo - Bentley Annual Maintenance Support Final Rv 2017.09.13 - PROPOSAL City of Corpus Christi SELECT RAS 2017.pdf 2017.09.13 - City of Corpus Christi RAS eB MAS 40943389.pdf 1295 - Corpus Christi Form 1295.pdf Bentley eB EPR Customization Maintenance 20171031.pdf Attachments: 24.17-1407 Authorize Horton Automatics to construct and donate Secure Exit Lane (SEL) improvements at Corpus Christi International Airport Motion authorizing the City Manager or designee to execute a donation agreement with Horton Automatics for construction and installation of Secure Exit Lane (SEL) improvements in the terminal at Corpus Christi International Airport and, upon completion of installation, to accept the donation for the City. Agenda Memo - Horton Automatics Donation Agreement SEL Brochure.pdf Attachments: 25.17-1341 Resolution for the Purchase of Pumps, Motors, Rentals and Services for a One-Year Service Agreement for a Not to Exceed Amount of $153,025.00, With Two One-Year Extension Options and a Total Potential Multi-Year Not to Exceed Amount of $459,075.00 Resolution finding that the purchase of pumps, motors, rentals and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city’s residents, a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one-year service agreement, with two one-year extension options, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, for a total amount not to exceed $153,025 of which $127,550 is funded in FY2017-18, with a total potential multi-year not to exceed amount of $459,075. Agenda Memo - Purchase of Pump, Motor, Rentals and Services for the Utilities Godwin (2) Resolution Sole Source - Purchase of Pump, Motor, Rentals and Services for the Utilities Godwin Price Sheet- Purchase of Pump, Motor, Rentals and Services for the Utilities Godwin Service Agreement - Purchase of Pump, Motor, Rentals and Services for the Utilities Godwin Form 1295 - Purchase of Pump, Motor, Rentals and Services for the Utilities Godwin... Attachments: Page 11 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final 26.17-1361 Resolution for the Purchase of Pump, Motor and Services for the Utilities Department, a One-year Service Agreement for a Total Amount not to Exceed $484,437.50, with Two One-year Extension Option Periods and a Total Potential Multi-year amount of $1,453,312.50 Resolution finding that the purchase of pumps, motors, and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city’s residents, is a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one-year service agreement, with two one-year extension options, with Xylem Water Solutions USA, Inc. of Carrollton, Texas, for a total amount not to exceed $484,437.50, of which $403,697.92 is funded in FY2017-18 from the Wastewater and Storm Water Funds, with a total potential multi-year not-to-exceed amount of $1,453,312.50. Agenda Memo - Purchase of Pump, Motor and Services for the Utilities Dept - Flygt Resolution Sole Source - Purchase of Pump, Motor and Services Flygt Price Sheet- Purchase of Pump, Motor and Services for the Utilities Dept -Flygt Service Agreement - Purchase of Pump, Motor and Services for the Utilities Dept. - Flygt Form 1295 - Purchase of Pump, Motor and Services for the Utilities Dept - Flygt Attachments: 27.17-1351 Interlocal Agreement with TAMU-CC for Environmental Monitoring, a one-year service agreement for a total amount not to exceed $170,134, with two one-year extension option periods and a total potential multi-year not to exceed amount of $525,867 Resolution authorizing the City Manager, or designee, to execute a one-year Interlocal Agreement, with two one-year extension options, with Texas A & M University - Corpus Christi for environmental monitoring, for a total amount not to exceed $170,134, with a total potential multi-year not to exceed amount of $525,867. Agenda Memo - Interlocal with CBI for monitoring_110117 Resolution v2 Interlocal Agmt TAMUCC CBI 10-11-2017FINAL_Executed_w_EX Attachments: 28.17-1374 Resolution authorizing service agreements for mowing and grounds maintenance Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for street rights-of-way, medians, and circles for Groups 3, 4, 5A, 5B, 5C, and 6 by group number in response to Bid No. 1232; awarding a 36-month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Page 12 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final Manager or designee to execute service agreements for a total amount not exceeding $512,400.00, of which $156,566.63 is funded for FY2017-18 by the Parks and Recreation Department. CC Academy 12 Lawn Service Cornerstone Lawn Service Tony's Lawn Service Corpus Christi, Texas Aransas Pass, Texas Rockport, Texas Groups 3, 5B, and 6 Group 4 Groups 5A and 5C $168,900.00 $150,000.00 $193,500.00 Grand Total: $512,400.00 Agenda Memo - Mow and Grounds Maint of Street ROW_Medians and Circles Grps 3, 4, 5A, 5B, 5C and 6 Resolution Mowing Grounds Maint ROW Medians Circles Grps 3 4 5A B C 6 vFinal Bid Tabulation - Mow and Grounds Maint of Street ROW_Medians and Circles Gps 3,4,5A,5B,5C and 6 Service Agreement - CC Academy 12 Lawn Groups 3, 5B, and 6.pdf Form 1295 - CC Academy 12 Lawn Service.pdf Service Agreement - Cornerstone Lawn Group 4 Form 1295 - Cornerstone Lawn Service Service Agreement - Tony's Lawn Service Groups 5A and 5C Form 1295 - Tony's Lawn Service Attachments: 29.17-1328 Resolution authorizing service agreements for grounds maintenance and landscape Resolution finding the lowest responsive, responsible bidder for grounds maintenance and landscape services for Downtown Groups 2 and 3 by group number in response to Bid No. 1195; awarding a 36-month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $246,960.00, of which $75,460.00 is funded for FY2017-18 by the Parks and Recreation Department. Dorame General Repair & Lawn, LLC CC Academy 12 Lawn Service Corpus Christi, Texas Corpus Christi, Texas Downtown Group 2 Downtown Group 3 $193,410.00 $53,550.00 Grand Total: $246,960.00 Agenda Memo - Ground and Landscape Maint Svc DT Groups 2 and 3 Resolution Mowing Ground and Landscape Svcs DT Grps 2 & 3 vFinal Bid Tabulation - Ground and Landscape Maint Svc DT Groups 2 and 3 Service Agreement - DT Group 2 Dorame Form 1295 - DT Group 2 Dorame Attachments: Page 13 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final Service Agreement - DT Group 3 CC Academy 12 Lawn Service Form 1295 - CC Academy 12 Lawn Service COF - Ground and Landscape Maint Svc DT Groups 2 and 3 Q.BRIEFINGS: (ITEM 30) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 30.17-1422 Homeless Recommendations Update Agenda Memo Exec Summary Form - PRESENTATION ITEM Homeless Recommendations Memo Presentation - Homeless Update 2 Attachments: R.RECESS TO CORPORATION MEETING: (ITEM 31) 31.17-1410 Special Board Meeting of the Corpus Christi Housing and Finance Corporation Agenda Memo CCHFC Special Meeting CCHFC Board Agenda Attachments: S.RECONVENE COUNCIL MEETING: T.EXECUTIVE SESSION: (ITEM 32) 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. 32.17-1348 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Belden Street, Mesquite Street, Broadway Street, Highway 181/I-37, Tancahua Street, the intersections thereof, or blocks adjacent to those streets and/or intersections, and areas within one mile thereof, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights Page 14 City of Corpus Christi Printed on 11/6/2017 November 7, 2017City Council Meeting Agenda - Final at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 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 agenda, but no other action will be taken, and no public comment solicited. V.ADJOURNMENT Page 15 City of Corpus Christi Printed on 11/6/2017 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 31, 2017 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. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:31 a.m. Invocation to be given by Pastor Betty Vestal, Church of Acts.B. Pastor Betty Vestal gave the invocation. Pledge of Allegiance to the Flag of the United States to be led by Constance Sanchez, Director of Finance. C. Director of Financial Services Constance Sanchez led the Pledge of Allegiance. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. 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 Hunter arrived at 11:42 a.m.) Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Page 1City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes 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 Present:9 - Proclamations / CommendationsE. 1.Proclamation declaring October 31, 2017, "The Council on Alcohol + Drug Abuse Coastal Bend Day". Proclamation declaring November 3, 2017, "Voices of South Texas Day". Proclamation declaring November 4, 2017, "Face-to-Face Walk for Memory Day". Proclamation declaring November 8, 2017, "National STEM Day". Mayor McComb presented the proclamations. MINUTES:G. 2.Regular Meeting of October 24, 2017. Mayor McComb deviated from the agenda and referred to approval of the minutes. Council Member Lindsey-Opel made a motion to approve the minutes, seconded by Council Member Molina and passed (Council Member Hunter - absent). BOARD & COMMITTEE APPOINTMENTS:H. 3.Commission on Children and Youth Mayor's Fitness Council Sister City Committee Mayor McComb referred to board and committee appointments. City Secretary Rebecca L. Huerta announced that the appointments to the Commission on Children & Youth and Sister City Committee are being postponed until the November 7, 2017 meeting due to an error in the printed agenda packets. Mayor's Fitness Council. Mayor McComb made a motion to realign Jacqueline Hamilton from the Senior Initiatives category to the At-Large category; reappoint Victor Betancourt (At-Large), Kimberly Cook (Disability Networks) and Misty Kesterson (Worksite Wellness); and appoint Rhonda Carlisle-Castillo (Senior Initiatives), seconded by Council Member Smith and passed unanimously. Page 2City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes 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. J. Mayor McComb referred to comments from the public. Jack Gordy, 4118 Bray, requested that the City Council repeal the municipal solid waste fee requiring roofing companies to pay a fee for the use of the City's landfill. Bobby Petty, U.S. Small Business Administration (SBA), provided an update on the application process and loans provided to assist small businesses, homeowners, and renters in the area impacted by Hurricane Harvey and informed residents that the deadline for filing with SBA is November 24, 2017. Gloria Scott, 4422 S. Alameda, spoke regarding the "Voices of South Texas Day" event at the Old Bayview Cemetery and referred to an emailed invitation submitted to the City Council to participate in a gathering for the community to heal following Dewboy Lister being killed by a Corpus Christi Police Officer. Mike Robinson spoke regarding the municipal solid waste fee and recent changes to the collection system which have impacted roofing companies. Colin Sykes, 309 Aberdeen, requested support for the City to join the National Mayor's Climate Association to address climate change. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: OTHERb. 1) Collection of debris resulting from Hurricane Harvey began in Area 1-B on Monday, October 30, 2017. The City is requesting that residents living in Area 2 begin setting out debris for collection by 7:00 a.m. beginning Monday, November 6, 2017. 2) Last week, the City held a celebration for the completion of the Bond 2012 Staples Street Improvements Project and the groundbreaking of the Bond 2014 Staples Street Improvements Project from Alameda Street to Morgan Avenue. The Engineering Services Department will host a public meeting on Wednesday, November 1, 2017 in the 6th Floor Conference Room at City Hall for the public to ask questions regarding the upcoming construction. The Staples Street Project Improvements include the full-depth reconstruction of the existing four-lane roadway with concrete bus pads, paving marking and utility improvements. 3) City Manager Rose recognized new Water Quality Manager, Crystal Ybanez, who recently obtained her Class A Operator license. 4) City Manager Rose recognized employees of the Financial Services Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Page 3City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Association of the United States for the City's Comprehensive Annual Financial Report (CAFR). MUNICIPAL SOLID WASTE FEE (MSW)a. City Manager Rose stated that the purpose of this item is to provide information on the Municipal Solid Waste Service (MSW) Charge. Director of Solid Waste Services Lawrence Mikolajczyk reported that the MSW charge was adopted by the City Council in 2001 and is used to support street maintenance, future landfill maintenance, compliance and education programs. The MSW charge is included with the permit process to add accountability to the system. Mr. Mikolajczyk presented information on the following: the budgeted MSW charge revenue; how the fee is charged; and tracking payment process. Council members and staff discussed the following topics: the budgeted revenue; the City Council not anticipating Hurricane Harvey when informed of the changes to the collection process; the amount of revenue collected since the fee was implemented; the revenue collected in last fiscal year; the reasons for changing the collection process; and how fees are charged. After receiving advice from City Attorney Miles K. Risley, Mayor McComb announced that the City Council would go into 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 municipal solid waste fees. The Council went into executive session at 12:41 p.m. The Council returned from executive session at 1:51 p.m. City Secretary Rebecca L. Huerta announced that Council Member Molina recused himself from the discussion on this item. EXECUTIVE SESSION: (ITEM 23)S. 23.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, 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 Page 4City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes 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). Mayor McComb deviated from the agenda and referred to Executive Session Item 23. The Council went into executive session at 1:53 p.m. The Council returned from executive session at 2:52 p.m. RECESS FOR LUNCHL. The recess for lunch was held during Executive Session Item 23. BRIEFINGS: (ITEM 21)R. 21.Corpus Christi Regional Economic Development Corporation Quarterly Update to City Council (Q3 2017) Mayor McComb deviated from the agenda and referred to Item 21. Iain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provided the EDC quarterly update. Mr. Vasey presented the following information: employment by sector; the EDC's goals and results year-to-date; key economic indicators; business retention expansion; the target industry analysis and recruitment; and the small business entrepreneur model "Geekdom". After Mr. Vasey's presentation, the following topics were discussed: the status of a proposed call center in District 3; the "Geekdom" model; an update on Type A major incentive projects; future Type A eligible projects in the pipeline; focus on building the process technology program at Del Mar College; discussions with the Regional Transportation Authority regarding transportation issues in the downtown area; feedback from potential businesses regarding the availability of water in Corpus Christi; and statistics from Workforce Solutions regarding the medical/health field being the fastest growing business sector. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 4 - 9)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the consent agenda, seconded by Council Member Guajardo. The consent agenda items were passed and approved by one vote as follows: Aye: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 9 - Page 5City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Abstained:0 4.Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859, with Two Additional Two-year Options and a Total Potential Multi-Year Amount of $10,223,577 (Council Priority - Water) Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $10,223,577 .00. This Motion was passed on the consent agenda. Enactment No: M2017-172 5.Service Agreement for Section 125 Cafeteria Plan Administration Services for Employees Who Elect Flexible Spending Account and Dependent Care Assistance Programs for a One-Year Not to Exceed Amount of $35,612.40, with Four Additional One-Year Options and a Total Potential Multi-Year Amount of Up to $178,062.00 Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFlex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017-18 in the Employee Fund. 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, with a total potential multi-year amount of up to $178,062.00. This Motion was passed on the consent agenda. Enactment No: M2017-173 6.Supply Agreement for Office Supplies City-Wide for a Two-year Not to Exceed Amount of $1,626,800.74, with Two Additional One-year Options and a Total Potential Multi-Year Amount of $3,253,601.48 Page 6City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $3,253,601.48. This Motion was passed on the consent agenda. Enactment No: M2017-174 7.Second Reading Ordinance - Rezoning property located at 6113 Durant Drive (1st Reading 10/24/17) Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the “FR” Farm Rural District to the “RS 4.5/PUD” Single-Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the “FR” Farm Rural District to the “RS-4.5/PUD” Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the “FR” Farm Rural District to the “RS-4.5/PUD” Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the “RS-4.5” Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code (“UDC”), upon application by Luxury Spec Homes, Inc. (“Owner”), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the “FR” Farm Rural District to the “RS 4.5/PUD” Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031281 Page 7City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes 8.Second Reading Ordinance - Farming Lease Agreement at Cefe Valenzuela Landfill - 940 acres, Farm Site No. 3466 with an annual lease payment of $98,700 for a total of $493,500 for the five year lease (1st Reading 10/24/17) Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefé Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031282 9.Second Reading Ordinance - Reimbursement Funds for Storm Water Catch Basins Program (1st Reading 10/24/17) Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031283 PUBLIC HEARINGS: (NONE)M. REGULAR AGENDA: (ITEMS 10 - 11)N. 10.Second Reading Ordinance - Rezoning property located at 5842 Yorktown Boulevard (¾ vote required) (1st Reading as Amended 10/24/17) Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District, in lieu thereof approval of the “CN-2” Neighborhood Commercial District. Ordinance: Page 8City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Ordinance amending the Unified Development Code (“UDC”), upon application by Mostaghasi Investment Trust (“Owner”), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the “RS-6” Single-Family 6 District to the “CN-2” Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 10, rezoning of property located at 5842 Yorktown Boulevard. Interim Director of Development Services Bill Green stated that the Planning Commission and staff recommended denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, and in lieu thereof, approval of the "CN-2" Neighborhood Commercial District. Mr. Green reported that, at the October 24, 2017 Council meeting, City Council made a motion to amend the ordinance on first reading by denying the "CN-2" Neighborhood Commercial District, and in lieu thereof, approve the "RS-6/SP" Single-Family 6 District with a Special Permit to allow uses in the "RS-6" zoning and all uses in the "CN-2" zoning with the exception of multifamily residential use, apartment, townhouse, two-family house, cottage housing development and group living. There were no comments from the public. City Secretary Rebecca L. Huerta referred to an error on the agenda caption and clarified that the City Council would be taking action on the ordinance as amended on first reading on October 24, 2017. In response to a council member, Mr. Green stated that the proposed development plan includes a dialysis center and retail shopping center. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: 031284 11.Discussion regarding the composition of the Corpus Christi B (Type B) Corporation board with possible action. Mayor McComb referred to Item 11. City Secretary Rebecca L. Huerta stated that the purpose of this item is to discuss the composition of the Corpus Christi B (Type B) Corporation. On October 10, 2017, the City Council appointed the five members of the Corpus Christi Business and Job Development (Type A) Corporation and decided to table the appointments for the remaining two positions to consider other options. City Secretary Huerta presented the following options: 1) Options with Council Members: 5 Type A members, 2 Council Members or 5 Type A members, 1 Council Member, and 1 Regular Member; 2) Option without Council Members: 5 Type A Members and 2 Regular Members; or 3) Option with a Council Liaison: 5 Type A Members, 2 Regular Members, and 1 Council Liaison. The Council Liaison would be designated by Page 9City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes a majority vote of the City Council and would attend meetings, but not vote or participate in discussions and then report to full City Council. Council members and staff discussed the following topics: the need to increase communication between the City Council and the Type B Corporation; whether council members have served on the Type A Corporation; whether the council member serving as the liaison would be allowed to vote when Type B Corporation items are presented to the City Council; the importance of the Type B Corporation remaining independent from City Council; legal's opinion on council members serving on the Type B Corporation and whether it would violate the Code of Ethics. Council Member Rubio made a motion regarding the composition of the Corpus Christi B (Type B) Corporation to support Option 1 to appoint the five members of the Type A Board, 1 Council Member and 1 Regular Member, seconded by Council Member Vaughn. This Motion failed with the following vote: Council Members Rubio and Vaughn voting "Aye"; Mayor McComb, Council Members Smith, Garza, Guajardo, Hunter, and Molina, voting "No"; Lindsey-Opel abstained. Council Member Hunter made a motion regarding the composition of the Corpus Christi B (Type B) Corporation to support Option 1 to appoint the five members of the Type A Board and 2 Council Members, seconded by Council Member Molina. This Motion failed with the following vote: Council Members Rubio, Vaughn, Hunter, and Molina, voting "Aye"; Mayor McComb, Council Members Smith, Garza, and Guajardo, voting "No"; Lindsey-Opel abstained. Council Member Garza made a motion regarding the composition of the Corpus Christi B (Type B) Corporation to support Option 3 to appoint the five (5) members of the Type A Board, two (2) Regular Members, and one (1) Council Liaison, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Smith and Council Member Vaughn 6 - Nay:Council Member Hunter and Council Member Rubio2 - Abstained:Council Member Lindsey-Opel1 - Enactment No: M2017-175 FIRST READING ORDINANCES: (ITEMS 12 - 14)O. 12.First Reading Ordinance - Accepting and appropriating Grant funds for Assistance to Firefighters Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the Page 10City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program. Mayor McComb referred to Item 12. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant in the amount of $314,361 from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 13.Second Reading Ordinance - Appropriating Utility Revenue Improvement Bond Funds and approving the Master Service Agreement for the Seawater Desalination Project (Capital Improvement Program) (1st Reading 10/31/17) Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) Mayor McComb referred to Item 13. Assistant City Manager Mark Van Vleck stated that the purpose of this item is to authorize the City Manager or designee to execute amendment No. 1 to a Master Service Agreement with Freese and Nichols, Inc. for the Seawater Desalination project. Mr. Van Vleck presented the following information: discussion and planning for the project; the key stakeholders; the specific project drivers; procurement and selection of the owner's representative team; evaluation of feasibility and cost modeling, Phase 1-A; Phase 1-A outcomes; the proposed work products for Phase 1-B; Texas Water Development Board State Water Implementation Fund for Texas (SWIFT) funding; and the reasons the contract is needed. Michael Morrison, Freese and Nichols, Inc. provided background information on the Freese & Nichols, Inc. team and the project scope for Phase 1-B. Page 11City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Council members and the presentation team discussed the following topics: the scope of the Phase 1-B contract; the Power Supply Conceptual Design and Agreement; the plan to include advancements in technology; the shelf-life of the study; filing of permit applications so the project is trigger-ready; site selection being a critical component; today's action to approve the loan and the contract; the need for a city consultant; a plan to pay back the loan; next steps moving forward and timeline; the current water supply; whether the contract with Freese and Nichols, Inc. has an end date; council support for passage of this item; and making sure the demand for water is there prior to moving forward. Mayor McComb called for comments from the public. Rick Ritter, Occidental Chemical, spoke regarding the critical need for water to sustain the existing economy and ensure future economic growth. Larry Elizondo, Citgo Refining, spoke in support of securing an alternate water source and suggested the creation of a Water Task Force. 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: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 9 - Abstained:0 14.First Reading Ordinance - Appropriating Funds and Authorizing a Construction Contract for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction (Airport Capital Improvement Program) Ordinance appropriating $4,899,563.58 from a Federal Aviation Administration Grant; appropriating $544,395.98 from Airport Operating Reserve and transferring to Airport Capital Reserve for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron project; amending the FY ’18 Capital Improvement Program (CIP) Budget by $5,443,959.56; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc., of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. Mayor McComb referred to item 14. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to appropriate a grant from the Federal Aviation Administration in the amount of $4,899,563.58 and $544,395.98 from Airport Operating Reserve, and to execute a construction contract with SpawGlass Civil Construction, Inc. in the amount of $4,241,714.70 for the Corpus Christi International Airport (CCIA) East General Aviation and Terminal Apron Project. Mr. Edmonds provided information on the project scope and Page 12City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes timeline. There were no comments from the public. A council member spoke regarding the improvements being made at the CCIA. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 FUTURE AGENDA ITEMS: (ITEMS 15 - 19)P. Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 15, 16, 17 and 19. 15.Resolution approving Bond 2016 Residential Street Rebuild Program (RSRP) Project Work Plan. This Resolution was recommended to the consent agenda. 16.Contract Amendment No. 1 and Testing Agreement for Residential Street Rebuild Program (RSRP) Bond 2016 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667 for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP) Project. This Motion was recommended to the consent agenda. 17.Construction Contract for the O.N. Stevens Water Treatment Plant Maintenance Building (Capital Improvement Program) Motion authorizing the City Manager, or designee, to execute a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the O.N. Stevens Water Treatment Plant (ONSWTP) Maintenance Building for Total Base Bid. (Capital Improvement Program) (CIP) This Motion was recommended to the consent agenda. 18.Professional Services Contract for Allison Basin Wastewater Master Plan Update Page 13City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes 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 $67,450 for Allison Basin Wastewater Master Plan Update. This Motion was recommended to the consent agenda. 19.Service Agreement for Financial Advisor Services for a One-Year Not-To-Exceed Amount of $171,000.00 With Four One-Year Options for a Potential Not-To-Exceed Amount of $870,000.00 Motion authorizing the City Manager or designee to execute a service agreement with FirstSouthwest, a Division of Hilltop Securities, Inc., Dallas, Texas for financial advisor services for the Finance Department, in accordance with RFP No. 1306, based on the best value proposal. The agreement will be for a not-to-exceed amount of $171,000.00, which will be funded in FY2017-2018 primarily from bond proceeds. The term of the agreement is for one year, with four one-year options subject to the sole discretion of the City, with a total potential multi-year not-to-exceed amount of $870,000.00. This Motion was recommended to regular agenda. FUTURE CORPORATION MEETING: (ITEM 20)Q. 20.Future Special Board Meeting of the Corpus Christi Housing and Finance Corporation This Corporation Meeting was recommended to be held. EXECUTIVE SESSION: (ITEM 22)S. Mayor McComb referred to Executive Session Item 22. The Council went into executive session at 5:45 p.m. The Council returned from executive session at 5:57 p.m. 22.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 City’s professional service management agreement for the Corpus Christi Museum of Science and History and potential claims related to repairs to said museum. Mayor McComb referred to Item 22 and the following motion was considered: Motion to authorize the City Manager or designee to execute an agreement to extend the Professional Service Management Agreement for the Corpus Christi Museum of Science and History with CCMJV, LLC on a month-to-month basis, ending February 1, 2018, to allow for negotiation of a future agreement. Page 14City of Corpus Christi Printed on 11/2/2017 October 31, 2017City Council Meeting Minutes Council Member Guajardo made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: M2017-176 IDENTIFY COUNCIL FUTURE AGENDA ITEMST. Mayor McComb referred to Identify Council Future Agenda Items. Council Member Rubio requested a briefing from the Code Enforcement Department regarding buildings throughout the City that need to be condemned. City Manager Margie C. Rose stated that she would place the item on a future agenda. ADJOURNMENTU. The meeting was adjourned at 6:04 p.m. Page 15City of Corpus Christi Printed on 11/2/2017 COMPOSITION Eleven (11) members, five (5) members appointed by the City Council for three- year terms, five (5) by the Nueces County Commissioner's Court for two-year terms; and one member appointed jointly by the City and the County. The board elects its own President and Vice-President. *The City Manager and Nueces County Judge will meet to make a recommendation to both entities on the Joint appointment. CREATION / AUTHORITY Section 2-110, Code of Ordinances. Ordinance No. 5557; Ord. No. 5936; Ord. No. 14321; Ord. No. 17573 ​ 4/20/83; Ord. No. 17748 ​ 7/27/83; and S.B. 109. (See agreements authorized by M84-1053 ​ 8/14/84 and Resolution No. 028130 - 4/21/09) MEETS 2nd Wednesday, City-County Health Department/ Administrative Conference Room, 12:00 p.m., subject to change by board. TERM DETAILS City appointments are for three years. County appointments are for two years. DEPARTMENT Health Department COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION DETAILS City Of Corpus Christi CITIZENS ADVISORY HEALTH BOARD BOARD DETAILS OVERVIEW SIZE 11 Seats TERM LENGTH 3 Years TERM LIMIT N/A The Citizens Advisory Health Board studies and assists in health and human service operations, services and programs, and makes recommendations to the City and County through the Director of Health and Human Services. CITIZENS ADVISORY HEALTH BOARD Page 1 of 1 Citizens Advisory Health Board Members November 7, 2017 Six (6) vacancies with terms to 11/11/18, 11/11/19 and 11/11/20 representing the following categories: 5 - City Appointees and 1 - Joint - City and Nueces County Appointee. Name Board Name Status District Term End Date Category Attendance Aislynn E. Campbell CITIZENS ADVISORY HEALTH BOARD Seeking reappointment District 1 Partial 11/11/17 Joint - City and Nueces County 100% 4/4 meetings Hannah M. Chipman CITIZENS ADVISORY HEALTH BOARD Seeking reappointment District 4 Partial 11/11/17 City 83% 5/6 meetings (1 exc.) Raymond Martin Johnson CITIZENS ADVISORY HEALTH BOARD Seeking reappointment District 1 Partial 11/11/17 City 67% 4/6 meetings (2 exc.) Elizabeth Sefcik CITIZENS ADVISORY HEALTH BOARD Seeking reappointment District 2 2 11/11/17 City 83% 5/6 meetings (1 exc.) Patrick A. Ayarzagoitia CITIZENS ADVISORY HEALTH BOARD Resigned District 5 Partial 11/11/18 City Victor M. Mendoza CITIZENS ADVISORY HEALTH BOARD Exceeded number of absences allowed by Ordinance.District 2 1 11/11/19 City Eva N. Brown CITIZENS ADVISORY HEALTH BOARD Active 1 06/30/19 Nueces County Tony Diaz CITIZENS ADVISORY HEALTH BOARD Active 11 06/30/19 Nueces County Sandra Heatherley CITIZENS ADVISORY HEALTH BOARD Active 4 06/30/19 Nueces County Belinda Flores CITIZENS ADVISORY HEALTH BOARD Active 3 06/30/19 Nueces County David Nuss CITIZENS ADVISORY HEALTH BOARD Active 1 06/30/19 Nueces County Citizens Advisory Health Board Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St.Work Phone Category Tracy Davis CITIZENS ADVISORY HEALTH BOARD District 4 Sanofi P. O. Box 1404 Port Aransas TX 361-500-8728 City Appointee Micah DeBenedetto*CITIZENS ADVISORY HEALTH BOARD District 4 MD Photography 2821 Quebec Corpus Christi TX 361-537-2613 City Appointee Ashley Lucio CITIZENS ADVISORY HEALTH BOARD District 1 City Appointee Patricia Ann Rotko CITIZENS ADVISORY HEALTH BOARD District 4 Retired 601 Williamson Place Corpus Christi TX 716-696-0565 City Appointee *Currently serves as a City appointee on another board, commission, committee or corporation, but will resign if appointed. Submit Date: Oct 19, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Tracy Davis 1 Sanofi Renal Dialysis Clinical Consultant PO BOX 1404 Tracy Davis Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Work Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: 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) Master's of Science in Clinical Nutrition Fundraising Committee Port Aransas Education Foundation Volunteer at Trinity By the Sea Episcopal Church Experience with healthcare providers and insurance payors Pro Bono Nutrition Consulting for children with special needs Health Literacy Consultant Why are you interested in serving on a City board, commission or committee? I would like to use my medical background and professional strengths to help the entire community through increased access to healthcare and improved health literacy. Port Aransas TX 78373 3615008728 tracy.davis@sanofi.com Resume_Tracy_Davis.docx Tracy Davis Please upload any additional supporting documents Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 Tracy 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Tracy Davis 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes 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) Tracy Davis Page 5 of 6 T RACY  D AVIS , MS, RD, LD    PROFILE    Dynamic, results-oriented leader with a passion for launching products and improving patient's lives. Successful track record in sales leadership & managed healthcare. CAREER    PARAXEL / SANOFI-AVENTIS 11/16 to present Renal Clinical Consultant ·Clinical Education and Consulting for commercial team and dialysis corporations. o Regional Quality Managers, Lead Renal Dietitians and Nephrologists with Baylor College of Medicine, University of Texas Hermann Hospital System, Scott & White, Davita, Fresenius, Satellite Healthcare, and US Renal Care ·Collaboration with Chief Medical Officers & Clinical Vice Presidents on CQI initiatives. ·Development and approval of Web Based education, sales training, and client facing materials through Medical Materials Review Committee. TDLR CONSULTING 10/12-11/16 National Account Manager for Ortho-Tek Durable Medical Equipment 12/14-11/16 ·Business development for Managed Care Organizations, Hospital Systems, and large physician groups in Texas. ·Gained acceptance in 38 accounts including Molina, Superior, Amerigroup, Driscoll Health Plan, Scott & White Health Plan & Hospital, Driscoll Hospital System, Texas Children’s Hospital, and Christus Health System. ·Leveraged clinical expertise and business acumen to impact standards of care for pediatric malnutrition. Sphere of influence included Pediatric Nephrology, Pediatric Neurology, Case Managers, Dietitians and Pharmacists in Texas. Consulting Services 10/12-12/14 ·Business Development & Training with healthcare companies ·Foundations Resource Network, Nestle Clinical Nutrition, Ortho-Tek, IPE Corporation o Assisted with Managed Care Organizations, Hospital Systems, and Physician Practice Groups ROCHE/GENENTECH                                                                                    7/06 – 10/12 Account Manager – Molecular Diagnostics                                                                                 8/09 – 8/12                             ·Business development for Roche within CPL Labs, VA System, Military Hospitals, Research Laboratories,  Christus Health, Methodist San Antonio, and Scott & White. Disease states included HepC, Oncology, Infectious  Disease, and Immunology. ·Won two President’s Club trips in three years. ·Ranked #1 of 150 with MRSA launch.  Consistently grew $3.2 million base of existing business through strategic  partnerships  o Increased CPL instruments and reagent orders by 55% during first year. Convinced CPL to convert five  additional tests to Roche Molecular. o Collaborated with Chief Medical Officer and Vice President of CPL Laboratories: Developed CPL Sales  Education Programs for molecular testing at CPL Laboratories across Texas, Oklahoma, Louisiana, and  New Mexico. Resulted in a 25% increase in molecular testing at CPL Laboratories over a 9 month period. GENENTECH                                                                                          7/06 – 7/09 Division Sales Manager ­ South Central U.S.  ·Led sales and clinical team as a front line manager in Nephrology, Oncology, Hospital, and Primary Care market space and exceeded all sales and clinical expectations. Top 10-15% for 3 consecutive years. ·Worked with Regional Director and Training Department to develop launch plan and training materials for new sales team of 25 Clinical Nurse Specialists, 65 sales professionals and account managers . Recruited, hired, trained, led Renal Sales Specialists and Clinical Nurse Specialists. GENZYME – RENAL DIVISION 08/00 – 7/06 Managed Care Regional Account Manager – Western U.S.10/05 – 7/06 ·Responsible for Commercial and Part D Medicare contracts for Nephrology products. ·Accounts included: Managed Medi­Cal, Arizona Medicaid, Sharp, Providence, Presbyterian, Lovelace, Blue Cross Blue Shield of Texas, Blue Cross of California, Scott and White Health Plan, and Molina. ·Developed strategies and collaborate with Regional Business Directors, Sales Force, and Internal Reimbursement Case Managers to improve utilization at health plans. ·Improved product coverage/formulary status in all Managed Medi­Cal accounts Regional Business Director – Southwest Market 10/03 – 10/05 ·Directed team of 11 Specialty Sales Representatives in Nephrology and Endocrinology Markets ·Sales growth from 2.8 million to 3.6 million in one quarter; consistently exceeded sales expectations ·Won two company trips and additional stock for outstanding performance ·Spearheaded Texas Medicaid Approval of Hectorol National Trainer 6/02 to 10/03 National Trainer & Dialysis Sales Specialist 8/00 – 10/04 ·Launched Nephrology product before full reimbursement was in place ·Consistently Ranked Top Four Nationwide for IV & Combined Sales 2000 to 2004 ·Utilized ability to develop strengths in others & stimulate productivity, product knowledge, and clinical knowledge; Worked with Director of Training to develop & execute three training phases for 120 sales and clinical professionals. Developed and customized interactive workshops for sales training, clinical training, territory management and objection handling. WATSON PHARMACEUTICAL – Florham Park, NJ 5/98 – 07/00 Dialysis Specialist ·Launched Nephrology products & Ranked Top Five in the Nation ·Chosen “Representative of the Quarter” 3 times in 1999 & 2000, Promoted to Field Trainer during first year; Gained P&T Formulary Acceptance at 7 Hospitals during the first year ·Convinced CQI Teams to Improve Anemia Management through implementation of maintenance Iron Therapy Programs in 40 South Texas Dialysis Facilities where Iron Deficiency was common. VETERAN’S AFFAIRS MEDICAL CENTER – Houston, TX 1997 – 1998 Internship  [Combined MS Nutrition & Dietetic Internship] ·Sixteen Months of Clinical Rotations Including SICU/Outpatient Dialysis/Oncology/Management / Public Health; Developed & Presented Employee Wellness & Staff Education Presentations EDUCATION  TEXAS WOMAN’S UNIVERSITY – Texas Medical Center in Houston, TX Master of Science, Nutrition May 2001 THE PENNSYLVANIA STATE UNIVERSITY – State College, Pennsylvania Bachelor of Science, Nutrition May 1997 ADDITIONAL LEADERSHIP & CIVIC INVOLVEMENT NATIONAL KIDNEY FOUNDATION OF SOUTHEAST TEXAS: Elected Vice President of the Board, 2002; Elected President  of the Board, 2003­2005; Worked with CEO and Board to increase fundraising three­fold Leadership Development Seminar through Mandel Center For Nonprofit Organizations, CASE WESTERN UNIVERSITY Advisory Board Member, NATIONAL INSTITUTE OF HEALTH, National Kidney Disease Education Program Decker Communications, Dale Carnegie High Impact Presentations, Partnering with Physicians, Miller Heiman  ASSOCIATIONS Member Of The American Dietetic Association Submit Date: Apr 13, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Micah DeBenedetto 33 MD Photography Owner 2821 Quebec Micah DeBenedetto Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: 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: Clean City Advisory Committee Education, Professional and/or Community Activity (Present) BS Chemistry from UT Austin - 2005 Why are you interested in serving on a City board, commission or committee? Corpus Christi TX 78414 3615372613 micahdeb@utexas.edu ResumeCondensed091416-02.pdf Micah DeBenedetto Please upload any additional supporting documents Demographics Ethnicity Prefer not to Answer Gender 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. 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 Micah DeBenedetto x 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Micah DeBenedetto Board-specific questions (if applicable) 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? * None of the above Micah DeBenedetto Micah DeBenedetto EXPERIENCE MD Photography, ​Corpus Christi, Tx — ​Owner & Founder 2008 - PRESENT Focus on photography and videography for wedding and special event, private and commercial clients, including magazine profiles and advertisements. Create custom wedding album designs, produce in-house commercial advertisements and marketing strategies, including print and video productions. Corpus Christi Caller Times, ​Corpus Christi, Tx — Freelance Photographer 2010 - PRESENT Provide photojournalistic coverage including fashion features, social events, and sports. Corpus Christi ISD, ​Corpus Christi, Tx​ ​— ​Teacher 2015 - 2016 Instruct through lectures, discussions, and demonstrations in one or more science subjects such as Chemistry, Integrated Physics and Chemistry, and Aquatic Science. Establish clear objectives for all lessons, units, and projects, and communicate those objectives to students. Photoprotective Technologies, ​San Antonio, Tx​ ​— Director of Operations 2006 - 2008 Oversee daily, short-term, and long-term production of Aqueous and Organic Melanin for use in cosmetic, sun glass, and plastic industries including purchasing laboratory chemicals and supplies and disposal of hazardous chemicals and waste, oversight by TCEQ and FDA. Supervision of up to 3 employees. EDUCATION University of Texas, ​Austin, Tx — ​BS Chemistry 2002 - 2005 Del Mar College, ​Corpus Christi, Tx — ​N/A 2000 - 2002 SKILLS Chemist. Photographer. Videography. Marketing. Social Media. Teacher. Volunteer. AWARDS Del Mar College Hall of Fame 2002 CRC Press Freshman Chemist of the Year ​2002 LANGUAGES English, Italian- Beginner, Spanish - Beginner Submit Date: Nov 21, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes No Ashley Lucio 2 Ashley Lucio Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address None Selected Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: 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) Certified Yoga instructor Why are you interested in serving on a City board, commission or committee? contact@veraguerrilla.com AshleyLucio_ResumePDF.pdf Ashley Lucio Demographics Ethnicity None Selected Gender None Selected 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. 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 Ashley Lucio x 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Ashley Lucio Ashley Nicole Lucio Experience 2012-2015 Donna ISD Donna, TX 5th Grade Bilingual Social Studies and Writing Teacher *Classroom management, keeping students thoroughly engaged bell-to-bell *Attend faculty meetings, host family and community events *Founded Singleterry Gardening Club and Singleterry Redfeathers Dance Team *Taught Saturday School *Inspire and invest in student goals *Create and execute lesson plans, grade papers, assist other teachers with lessons *Constant communication with parents to discuss student progress and needs *Preparing students to be college-ready and future leaders of the Rio Grande Valley 2011-2012 Idea Academy Alamo, TX 6th Grade Social Studies Teacher *Classroom management, keeping students thoroughly engaged bell-to-bell *Attend faculty meetings, host family and community events *Inspire and invest in student goals *Create and execute lesson plans, grade papers, assist other teachers with lessons *Constant communication with parents to discuss student progress and needs *Preparing students to be college-ready and future leaders of the Rio Grande Valley 2010-2011 Weslaco ISD Weslaco, TX Special Education Instructional Aide ▪Assist students in basic life skills (brushing their teeth, changing diapers, eating, lavatory, etc) ▪Assist students in getting to and from elective classes (P.E. and Art) - Also assist students in all aspects of activities (coloring, P.E. activities, singing) ▪Help students express themselves 2009 McAllen ISD McAllen, TX After School Migrant Tutor and Summer School Migrant Tutor ▪Worked with migrant students from elementary to high school ▪Assisted students in small groups or one-on-one to complete assignments in English and Spanish ▪Assisted ELL students in acquiring reading and mathematics skills ▪Assisted in Parent Involvement Meetings ▪Assisted and encouraged students in completing A+ Credit Recovery Program ▪Rode bus daily to ensure student attendance ▪Telephone calls to discuss student progress and attendance with parents 2004-2010 Weslaco ISD Weslaco, TX College Tutor, Substitute Teacher ▪Take over classroom responsibilities including teaching, walking children to and from activities and pick up/drop off area, classroom emergencies ▪Assist teacher in helping children learn all subjects ▪Assist faculty with school programs ▪Office duties including copies, laminating, filing, scanning, and typing Education 2011 A Career in Teaching McAllen, TX
 * Educator Certification 2004-2010 University Of Texas Pan American Edinburg, TX *English Major /Anthropology Minor 2000-2004 So. TX H S for Health Professions Mercedes, TX Certification *Bilingual Generalist 4-8th Grade Skills •Strong, effective writing and editing skills •Knowledgeable in all office machines •Able to coordinate events and effectively execute them •Ability to effectively relate to others of diverse cultural backgrounds and tailor techniques to suit their individual needs •Bilingual, also knowledgeable in American Sign Language •Proficient in Microsoft Office, Internet Explorer and Type at 75wpm •Proficient in Windows and Mac operating systems •Creative, highly motivated and able to work in fast paced environment •Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form References •Available upon request Submit Date: Oct 25, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Patricia Ann Rotko 10 months Retired-not working Registered Professional Nurse 601 Williamson Place Patricia Ann Rotko Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: not at this time. Education, Professional and/or Community Activity (Present) Attended and Graduated from Niagara County Community College with an Associates degree in Applied Science Nursing. I have included my Resume. Why are you interested in serving on a City board, commission or committee? It was described as a Citizens Health Board and my interests are with any Health related matters involving my new City. Corpus Christi TX 78411 7166960565 oktortap@gmail.com Patricia Ann Rotko Please upload any additional supporting documents Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 resume_2017.pdf Patricia Ann Rotko 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Patricia Ann Rotko 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not have a yes answer but it would not allow me to go any further with the application process until I filled in this box. Also, I am retired but it would not accept that I needed to fill out the box with employment. Board-specific questions (if applicable) Patricia Ann Rotko PATRICIA​ ​A.​ ​ROTKO WORK​ ​HISTORY Jul​ ​2000 to Retired​ ​2013 Registered​ ​Professional​ ​Nurse Niagara​ ​County​ ​Sheriff,​ ​Medical-Jail Lockport,​ ​New​ ​York​ ​14094 Assisted​ ​in​ ​overseeing​ ​the​ ​daily​ ​functions​ ​of​ ​the​ ​medical department.​ ​Transcribed​ ​daily​ ​Nurse​ ​Practitioner's​ ​orders​ ​and Biweekly​ ​Doctor​ ​orders.​ ​Dispensed​ ​medications​ ​and Treatments​ ​as​ ​ordered​ ​by​ ​Doctor.​ ​History​ ​and​ ​Physicals​ ​on incoming​ ​inmates.​ ​Utilization​ ​review​ ​and​ ​Emergency​ ​response as​ ​needed. ●Implemented​ ​a​ ​system​ ​to​ ​keep​ ​ongoing​ ​list​ ​of​ ​Incoming inmates​ ​History​ ​&​ ​Physicals​ ​and​ ​date​ ​TB​ ​test​ ​was​ ​given. ●Order​ ​all​ ​the​ ​medical​ ​supplies​ ​needed​ ​for​ ​our department. ●Check​ ​the​ ​AED​ ​machines​ ​for​ ​functioning​ ​and​ ​battery​ ​life. ●Check​ ​the​ ​Crash​ ​carts​ ​for​ ​supplies​ ​and​ ​expiration​ ​dates, order​ ​and​ ​replace​ ​as​ ​needed. ●Scheduled​ ​staff,​ ​vacations​ ​and​ ​holiday​ ​time​ ​for​ ​2​ ​years prior​ ​to​ ​computerized​ ​scheduling. ●Assist​ ​Nurse​ ​Practitioner​ ​and​ ​Doctor​ ​with​ ​minor procedures​ ​in​ ​house. ●Assess​ ​emergency​ ​situations​ ​as​ ​needed. 1992 to 2000 Registered​ ​Professional​ ​Nurse-Manager Newfane​ ​Rehabilitation​ ​Health​ ​Care​ ​Center Newfane,​ ​New​ ​York Responsible​ ​for​ ​the​ ​twenty-four​ ​hour​ ​care​ ​of​ ​a​ ​42​ ​bed​ ​Skilled Nursing​ ​Unit.​ ​Duties​ ​were​ ​varied,​ ​and​ ​included​ ​working​ ​jointly with​ ​the​ ​Administrator,​ ​Director​ ​of​ ​Nursing,​ ​and​ ​Social​ ​worker to​ ​help​ ​the​ ​facility​ ​put​ ​many​ ​corrective​ ​plans​ ​of​ ​action together.​ ​The​ ​facility,​ ​at​ ​my​ ​time​ ​of​ ​hire,​ ​was​ ​going​ ​into receivership​ ​and​ ​they​ ​were​ ​in​ ​need​ ​of​ ​many​ ​new​ ​changes. Together​ ​we​ ​set​ ​forth​ ​the​ ​basis​ ​for​ ​their​ ​continued​ ​succeeding years​ ​of​ ​successful​ ​surveys. ●Responsible​ ​for​ ​Resident​ ​comprehensive​ ​care​ ​plans ●MDS-​ ​Minimum​ ​Data​ ​Sheets​ ​as​ ​required​ ​by​ ​state. ●Staff​ ​evaluations​ ​and​ ​disciplines,​ ​training​ ​and evaluation. ●Worked​ ​closely​ ​with​ ​Social​ ​Worker​ ​and​ ​the​ ​Residents families​ ​during​ ​their​ ​stay,​ ​and​ ​or​ ​rehabilitation,​ ​and discharge. ●Worked​ ​as​ ​building​ ​Supervisor​ ​1​ ​weekend​ ​a​ ​month​ ​and as​ ​needed. ●Management​ ​team​ ​participated​ ​in​ ​Continuing​ ​Education Courses​ ​from​ ​Cornell​ ​University​ ​School​ ​of​ ​Industrial​ ​and Labor​ ​Relations,​ ​graduated​ ​from​ ​2​ ​courses:​ ​Principles​ ​of Supervision​ ​and​ ​Employee​ ​Relations. EDUCATION 1990 Niagara​ ​County​ ​Community​ ​College Niagara​ ​Falls,​ ​New​ ​York Associates​ ​in​ ​Applied​ ​Science​ ​Nursing 1986 Erie​ ​County​ ​BOCES​ ​#1 Buffalo,​ ​New​ ​York Diploma,​ ​Licensed​ ​Practical​ ​Nurse 1984 Bryant​ ​and​ ​Stratton Buffalo,​ ​New​ ​York Diploma,​ ​Data​ ​Processing REFERENCES Barbara Mangan, RN ●Barbara​ ​was​ ​Director​ ​of​ ​Nursing​ ​at​ ​Newfane Rehabilitation​ ​and​ ​Health​ ​Care​ ​during​ ​my​ ​time​ ​there. Presently​ ​MDS​ ​Nurse​ ​at​ ​Beechwood​ ​Health​ ​Care​ ​Facility Judy Forsman RN ●Judy​ ​is​ ​Unit​ ​Manager​ ​at​ ​Briody's​ ​Health​ ​Care,​ ​Lockport, NY Linda Leaveseley ●Linda​ ​is​ ​currently​ ​working​ ​at​ ​Dr.​ ​Piwko's​ ​office​ ​as​ ​an Office​ ​Manager. COMPOSITION The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. Members shall be representative of each of the following fields: (1) - Health and Human Services, (1) - Law Enforcement, (1) - Education, (1) - Youth and Family Services, (1) - Nueces County District Attorney'​s Office, and (3) -​ At- Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member who ceases substantial activity in the field or office represented, automatically resigns from the commission. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) CREATION / AUTHORITY Sec. 2-217; Ord. 021927, 4/26/94; Ord. 022728, 10-15-96, Ord. 023452, 9-29-98, Ord. 029813, 4-30-13. MEETS 3rd Monday at 5:30 p.m., City Hall, Staff Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION DETAILS City Of Corpus Christi COMMISSION ON CHILDREN & YOUTH BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Commission on Children & Youth supports a comprehensive system of services and advances policies to meet the needs of Corpus Christi's children, youth and their families, including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual community action plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth​'s resources and services, strengthening communications and encouraging partnerships between public and private entities working with children and youth, and serving as an advocate for local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized by the Council. COMMISSION ON CHILDREN & YOUTH Commission on Children and Youth Members November 7, 2017 Three (3) vacancies with terms to 5/1/18, 5/1/19 and 5/1/20 representing the following categories: 1 - Law Enforcement, 1 - At-Large and 1 - Nueces County District Attorney's Office. Name Board Name Status District Term End date Position Category David Dow COMMISSION ON CHILDREN & YOUTH Did not seek reappointment District 4 1 05/01/17 Member Law Enforcement Irene Martinez COMMISSION ON CHILDREN & YOUTH Appointee declined appointment 05/01/19 Member At-Large Michelle A. Putman COMMISSION ON CHILDREN & YOUTH Resigned District 5 1 05/01/18 Member Nueces County District Attorney's Office Gilbert Z. Trevino COMMISSION ON CHILDREN & YOUTH Active District 1 1 05/01/19 Vice-Chair Youth Representative Melissa Hofstetter COMMISSION ON CHILDREN & YOUTH Active District 3 1 05/01/19 Chair Health & Human Services Jo Anne Estrada COMMISSION ON CHILDREN & YOUTH Active District 4 1 05/01/20 Member At-Large Donine Schwartz COMMISSION ON CHILDREN & YOUTH Active District 2 1 05/01/18 Member At-Large Joseph N. Miller COMMISSION ON CHILDREN & YOUTH Active District 2 1 05/01/18 Member Youth & Family Services Jonathan I. Gain COMMISSION ON CHILDREN & YOUTH Active District 3 1 05/01/19 Member Education Vacant COMMISSION ON CHILDREN & YOUTH Vacant N/A N/A Advisory Member (Appointed by the Police Chief)Police Officer Commission on Children and Youth Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St.Work Phone Category Priscila Baldillez COMMISSION ON CHILDREN & YOUTH District 3 Corpus Christi Independent School District #1 Battlin' Buc Blvd.Corpus Christi TX 361-878-5100 At-Large Belinda Barrera COMMISSION ON CHILDREN & YOUTH District 5 Port Royal 6317 State Highway 361 Port Aransas TX 361-749-5011 At-Large Karen Beard COMMISSION ON CHILDREN & YOUTH District 2 Driscoll Children's Hospital 4141 S. Staples, 4th Fl.Corpus Christi TX 361-694-6702 At-Large Laura N. Garcia COMMISSION ON CHILDREN & YOUTH District 3 Nueces County Sheriff Office 901 Leopard Corpus Christi TX 361-887-2247 Law Enforcement Violeta C. Guerra COMMISSION ON CHILDREN & YOUTH District 5 Corpus Christi Independent School District 5241 Kenter Corpus Christi TX At-Large Christi Ortiz COMMISSION ON CHILDREN & YOUTH District 5 Texas A&M University-Corpus Christi 6300 Ocean, Unit 5715 Corpus Christi TX 361-825-3701 At-Large Amanda Oster COMMISSION ON CHILDREN & YOUTH District 3 Nueces County District Attorney 901 Leopard St, Room 206 Corpus Christi TX 361-888-0316 Nueces County District Attorney's Office Sherry L. Peterson COMMISSION ON CHILDREN & YOUTH District 4 United Way of the Coastal Bend 4659 Everhart Corpus Christi TX 361-882-2529 At-Large Ericka M. Ramirez COMMISSION ON CHILDREN & YOUTH District 5 Flour Bluff Independent School District 2505 Waldron Rd.Corpus Christi TX At-Large Robert C. Soape COMMISSION ON CHILDREN & YOUTH District 5 At-Large Submit Date: Jul 25, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Priscila Baldillez 41 Corpus Christi Independent School District Teacher- Miller High School #1 Battlin' Buc Blvd. Priscila Baldillez Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) Active in several organizations on Miller campus such as, sponsor of the National Honor Society, Yearbook Adviser, ESL chairperson, Speech & Debate Coach. I am also active in LULAC #4444, Fraternal Order of Police Auxiliary, Alpha Delta Kappa. Why are you interested in serving on a City board, commission or committee? I feel that it is important to become more involved with the community that I have lived in and loved all my life. I feel that if I expect my students to do their part in our school community that I must lead by example in our city. Corpus Christi Texas 78413 361-878-5100 priscila.baldillez@ccisd.us Priscila Baldillez 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Priscila Baldillez Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Education Priscila Baldillez Priscila Villagomez­Baldillez Objective To obtain a position as a board member for the City of Corpus Christi’s Commission on Children and Youth. Experience Teacher­ Roy Miller High School August 2007­Present Subjects taught­ Professional Communications, Debate, Journalism, Yearbook Advisor, ESL English I & II (9­12  grade) Duties and Responsibilities:  LPAC committee member for our ESL students, National Honor Society Advisor, Senior   Class sponsor­ fundraising, planning and hosting Senior Prom, Speech and Debate Coach for UIL, Yearbook  Advisor­production of the annual school yearbook, Hall of Honor Chair, Sheltered Instruction trainer Teacher­Incarnate Word Academy­ Middle School July 2003­July 2007 Subjects taught:  Speech, Related Arts (Grammar, Vocabulary and Literature), Theatre Arts, girls Basketball and  Volleyball Coach Duties and Responsibilities: Produced three Theatre productions annually, produced daily live televised school  announcements, Student Council sponsor, Academic Contest coordinator including out of town contest, organized  workshops, dances and End­of­Year activities Legal Assistant­Dan Alfaro & Associates 1994­2003 Duties and Responsibilities:  Maintained client databases, conducted client interviews, organized client contracts  and investigative reports, updated attorneys on case status, general office duties Education Texas A&M University­ Corpus Christi August 2012 Master of Science­ Educational Technology Education Service Center, Region 2 May 2003­ July 2004 Texas Teaching Certification Program Texas Teaching Certifications Secondary Speech Communications (Grades 6­12) English Language Arts and Reading (Grades 8­12) English as a Second Language Supplemental (Grades 6­12) Texas A&M University­ Corpus Christi December 1998 Bachelor of Arts­ Speech Communication Skills Computer:  Microsoft Office, Online Design, Online classroom General:  Strong communication skills in a classroom setting and business setting, active with different school  organizations that participate in a wide variety of volunteer service in our community, able to coordinate and  maintain multiple projects, Efficient in Spanish. Professional Organizations and Memberships LULAC #4444 member Fraternal Order of Police Lodge #27 Auxiliary member Alpha Delta Kappa member, recording secretary American Federation of Teachers member References Bridget Lamoureux Ashly Brown Liz Hanna 2 Submit Date: May 01, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Belinda Barrera 39 Port Royal front desk Belinda Barrera Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address None Selected Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) college student major communications Why are you interested in serving on a City board, commission or committee? lovebblucky@yahoo.com Belinda Barrera Demographics Ethnicity F7 Hispanic Gender fJ 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. p I Agree Belinda Barrera 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Belinda Barrera Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Health and Human Services Belinda Barrera Submit Date: Oct 13, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 2 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Karen Beard 18 Driscoll Children's Hospital Injury Prevention Training Coordinator 4141 S. Staples 4th Fl Karen Beard Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted REGIONAL HEALTH AWARENESS BOARD: 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) I am a Injury Prevention Training Coordinator, I am a Child Passenger Safety Instructor along with special needs training. I have graduated from both the Citizens Police Academy as well as the Citizens Fire Academy. I served on the Transportation Advisory Council for 6 years and currently serve on the Board of the Coastal Bend Advisory Council. I regularly attend the Governor's EMS and Trauma Advisory Meetings. Why are you interested in serving on a City board, commission or committee? I enjoy being involved in our community. To increase public involvement and commitment to CC being a great city. Corpus Christi Texas 78411 361-694-6702 karen.beard@dchstx.org Karen Beard Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 karen_resume__2017_short_DCH.docx Karen Beard 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Karen Beard 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Youth and Family Services Karen Beard Karen Beard Education: University of Oklahoma 1979-1981 Education Oklahoma Community College & Tulsa Junior College 1987-1991 Studied Education and Business Profile NHTSA Child Passenger Safety Instructor for 18 years. Organizational memberships: Coastal Bend Regional Advisory Council, , Child Fatality Review Team, Coastal Bend Youth Alcohol Awareness Committee. I have served on many community boards appointed by City Council including the Health Advisory Board, Head Start and Transportation Advisory Committee, former member of Injury Prevention of Governors EMS and Trauma Advisory Council Certifications: National Highway Traffic Safety Administration Child Passenger Safety Technician August 1999-October 1999 National Highway Traffic Safety Administration Child Passenger Safety Instructor October 1999-present American Heart Association BLS /Healthcare Provider Current to date American Heart Association BLS /Healthcare Provider Instructor 2005-2011 (renewing) Employment: Driscoll Children's Hospital, August 1999-Feb 2011 returned November 2016 to current Injury Prevention Program Injury Prevention Training Coordinator ·NHTSA child passenger safety technician in 1999. ·NHTSA Child Passenger Safety Technician Instructor in 1999,currently the only Instructor south of San Antonio all the way to the Valley. ·Speak at various area conferences. ·Wrote numerous grants to fund Injury Prevention Program, average grant amount of $65,000.00 per year. ·Presents to community groups on injury prevention topics including child passenger safety and other non- intentional injuries. ·Represent DCH to media and newspaper on Injury Prevention programs and Injury Prevention education. ·Speaker at area conferences on child passenger safety and all areas of non-intentional injuries. ·Collaborate with local law enforcement and community agencies on child passenger safety. ·Represent Injury Prevention Programs at Health Fairs. ·Educate hospital staff in Corpus Christi. Dr. Mark Dodson – November 2011-2013 Worked for Dr. Dodson in both his medical office and medical spa. ·Give injections, check blood pressure and vitals. ·Provide treatments on all equipment. ·Medical Esthetician Chemical Peels. ·Ultherapy Advanced Training Certified. ·Cool Sculpting Certified. ·Syneron Laser Hair Removal, SRA Certified, Matrix and Skin Tightening. Ingraham Orthodontics-May 2014-2016 Marketing Coordinator May 2014 ·Created and maintain new webpage, including layout and content. ·Create and maintain all Social Media sites. ·Create in-house on online contests for patient participation. ·Visit referring Dentist offices. ·In-house computer repair. ·Create promotional brochures. Community Participation Served on the Injury Prevention committee of the Governors EMS and Trauma Advisory Council 2008-2010 Graduated from CC Citizens Fire Academy 2015 Graduated from CC Citizens Police Academy 2015 Graduated Civilian Police Academy, Victoria 2014 Traffic Advisory Board, City Council appointed - November 2006 to 2012 and reappointed October 2016. Bicycle Committee Nueces County-2009-2013 re-appointed October 2016 Citizens Health Advisory Board City Appointed- November 2002 to 2006 Safe Sleeping planning committee-2009 Head Start Health Advisory Board-October 2002 to October 2009 CC Corpus Christi Youth Alcohol Awareness Coalition- June 2000-2010 First Baptist Church US Mission Board Chairman 9/99-to present FBC Recreation Ministries Committee 9/2002 to present Bell Towe NHTSA child passenger safety technician in 1999r Board of Directors (non-profit) 2016 to present Submit Date: Oct 19, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Laura N.Garcia 26 Nueces County Sheriff Office Captain 901 leopard Laura N. Garcia Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) Master Peace Officer. Why are you interested in serving on a City board, commission or committee? Being a peace officer, experience and working for the Sheriff office for the past 30 years. Corpus Christi Texas 78401 3618872247 laura.garcia@nuecesco.com Laura_Nora_Garcia_Resume.docx Laura N. Garcia Demographics Ethnicity Hispanic Gender 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. 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 Laura N. 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Laura N. Garcia 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Law Enforcement Laura N. Garcia Laura Nora Garcia Experience: Twenty-five (plus) year seasoned supervisor with exceptional communication, organizational and decision-making skills. Captain of Court Processing- responsible for supervising employees in Warrants, Civil Process, Crime Data, and Court Security. My responsibilities include interviewing, hiring and training employees, planning, assigning and directing work, appraising performance, rewarding and disciplining employees, and addressing complaints and resolving problems. Possess the ability to read, analyze and interpret general business periodicals, professional journals, technical procedures, and governmental regulations. I possess the ability to write reports, business correspondence, and procedure manuals. I can effectively present information and respond to questions from groups of managers, clients, customers, and the general public. I have a great working relationship with all Courthouse personnel, and have developed a great rapport with all Courthouse personnel, Judges, Attorneys, and Bail Bonds. I am also bilingual which is helpful in our diverse community when dealing with the public. Possess Mathematical Skills, and have the ability to draw and interpret graphs. I am currently responsible for the processing of cash bonds and cash fines from the Jail. I verify amounts collected, make daily deposits to the bank and reconcile the cash bond and cash fine account. My current position requires me to utilize Reasoning Ability on a daily basis. I must frequently utilize independent judgment and discretion when dealing with a variety of concrete variable and situations. Education/Certifications Master Peace Officer’s License Submit Date: Sep 12, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Violeta C Guerra 18 CCISD Instructional Teacher Advisor 5241 Kenter Violeta C Guerra Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) Why are you interested in serving on a City board, commission or committee? I am interested in having a positive impact on what the community has to offer the youth of our city and in what systems/policies Corpus Christi has in place to keep youth safe. violeta.guerra@ccisd.us VCG_Resume_7.12.17.docx.pdf Violeta C Guerra Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Violeta C Guerra 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Violeta C Guerra 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Education Violeta C Guerra Violeta​ ​Guerra Violeta​ ​Cristelia​ ​Guerra ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Objective To​ ​obtain​ ​the​ ​position​ ​of​ ​committee​ ​member​ ​on​ ​the​ ​Commision​ ​on​ ​Children​ ​and​ ​Youth​ ​with​ ​the​ ​City​ ​of Corpus​ ​Christi. Education Texas​ ​A&M​ ​University-Corpus​ ​Christi​ ​(2008-2010) Master​ ​of​ ​Science​ ​in​ ​Educational​ ​Administration Education​ ​Service​ ​Center,​ ​Region​ ​2​​ ​​(2006-2007)​ ​​Educator​ ​Preparation​ ​and​ ​Certification​ ​Program,​ ​Cycle​ ​17 Texas​ ​A&M​ ​University-Corpus​ ​Christi​ ​(1999-2003) Bachelor​ ​of​ ​Arts​ ​in​ ​Political​ ​Science;​ ​Minor​ ​in​ ​Communications Certificates Texas​ ​Principal Texas​ ​Teacher​ ​and​ ​Evaluation​ ​Support​ ​System​ ​(T-TESS) Professional​ ​Development​ ​and​ ​Appraisal​ ​System​ ​(PDAS) Instructional​ ​Leadership​ ​Development​ ​(ILD) Texas​ ​Standard​ ​Special​ ​Education​ ​EC-12 Texas​ ​Standard​ ​Generalist​ ​EC-4 Employment​ ​History Title​ ​1​ ​Instructional​ ​Teacher​ ​Advisor Corpus​ ​Christi​ ​Independent​ ​School​ ​District-Browne​ ​Middle​ ​School ●Coordinate​ ​various​ ​staff​ ​and​ ​campus​ ​events/activities. ●Accept​ ​related​ ​assignments​ ​as​ ​requested​ ​by​ ​principals. 1 Violeta​ ​Guerra ●Plan,​ ​develop,​ ​and​ ​conduct​ ​the​ ​training​ ​program​ ​for​ ​campus​ ​staff​ ​on​ ​learning​ ​objectives,​ ​instructional strategies,​ ​and​ ​assessment​ ​techniques. ●Plan​ ​and​ ​coordinate​ ​with​ ​all​ ​campus​ ​instructional​ ​staff​ ​(teachers,​ ​librarians,​ ​etc.)​ ​to​ ​assist​ ​in​ ​planning and​ ​selecting​ ​educational​ ​materials​ ​and​ ​resources​ ​to​ ​meet​ ​student​ ​learning​ ​needs. ●Keep​ ​current​ ​with​ ​research​ ​and​ ​state​ ​of​ ​the​ ​art​ ​technology​ ​including​ ​equipment​ ​and​ ​software​ ​that​ ​can support​ ​and​ ​enhance​ ​the​ ​instructional​ ​program​ ​and​ ​the​ ​computer​ ​technology​ ​being​ ​used. ●Maintain​ ​a​ ​display​ ​area​ ​to​ ​promote​ ​innovative​ ​instructional​ ​strategies​ ​and​ ​materials. ●Serve​ ​as​ ​a​ ​resource​ ​person​ ​to​ ​campus​ ​staff​ ​and​ ​assists​ ​in​ ​the​ ​selection​ ​of​ ​instructional​ ​equipment, software,​ ​and​ ​materials​ ​to​ ​support​ ​the​ ​campus​ ​educational​ ​goals. ●Assist​ ​with​ ​diagnosing​ ​and​ ​working​ ​with​ ​students​ ​to​ ​ensure​ ​that​ ​the​ ​students'​ ​instructional​ ​needs​ ​are being​ ​met. ●Participate​ ​in​ ​training​ ​and​ ​staff​ ​development​ ​needed​ ​to​ ​perform​ ​assigned​ ​duties. ●Promote​ ​positive​ ​relations​ ​by​ ​providing​ ​information​ ​to​ ​campus​ ​personnel,​ ​parents,​ ​and​ ​the​ ​community regarding​ ​the​ ​Title​ ​I​ ​Schoolwide​ ​Project. ●Maintain​ ​accurate​ ​and​ ​complete​ ​records​ ​for​ ​the​ ​Title​ ​I​ ​Program​ ​for​ ​the​ ​training​ ​sessions​ ​held​ ​(including dates,​ ​time,​ ​attendance,​ ​and​ ​topics​ ​covered),​ ​student​ ​eligibility​ ​records​ ​and​ ​other​ ​records​ ​as​ ​required for​ ​the​ ​Title​ ​I​ ​Program. ●Maintain​ ​a​ ​professional​ ​relationship​ ​with​ ​all​ ​colleagues,​ ​students,​ ​parents,​ ​and​ ​community​ ​members. ●Assist​ ​with​ ​Title​ ​I​ ​district-wide​ ​staff​ ​development​ ​programs. ●Cooperate​ ​with​ ​other​ ​members​ ​of​ ​the​ ​staff​ ​in​ ​planning​ ​and​ ​implementing​ ​instructional​ ​goals, objectives,​ ​and​ ​methods. ●Part-time​ ​assistant​ ​principal​ ​(August​ ​2013-May​ ​2015) Elementary​ ​Generalist​ ​Teacher​ ​(8/2008-11/2011) Corpus​ ​Christi​ ​Independent​ ​School​ ​District-Travis​ ​Elementary​ ​School Special​ ​Education​ ​Resource​ ​Teacher​ ​(8/2006-5/2008) Corpus​ ​Christi​ ​Independent​ ​School​ ​District-Travis​ ​Elementary​ ​School Special​ ​Education​ ​Paraprofessional​ ​I​ ​(8/2005​ ​–​ ​5/06) Flour​ ​Bluff​ ​Independent​ ​School​ ​District Substitute​ ​Teacher​ ​(5/2004-2/2005) Flour​ ​Bluff​ ​Independent​ ​School​ ​District 2 Violeta​ ​Guerra Communications​ ​Specialist​ ​Intern​ ​(9/2000-12/2003) Texas​ ​A&M​ ​University-Corpus​ ​Christi Skills Proficient​ ​in​ ​Windows​ ​8​ ​and​ ​10;​ ​Microsoft​ ​2013​ ​Word,​ ​PowerPoint,​ ​Excel,​ ​Outlook;​ ​Internet​ ​skills;​ ​60+​ ​wpm Basic​ ​understanding​ ​of​ ​school​ ​administrative​ ​operations. Strong​ ​organizational,​ ​communication,​ ​and​ ​interpersonal​ ​skills. Associations A&M-Corpus​ ​Christi​ ​Islander​ ​Alumni ATPE-Corpus​ ​Christi Other C.C.I.S.D.​ ​District​ ​PDM​ ​3rd​ ​Grade​ ​Representative​ ​(2010-11) C.C.I.S.D.​ ​Moody​ ​High​ ​School​ ​Vertical​ ​Learning​ ​Community​ ​Design​ ​Team​ ​(2010-2011) C.C.I.S.D.​ ​Disciplinary​ ​Alternative​ ​Education​ ​Program​ ​Design​ ​Team​ ​member​ ​(2010-2011) Visually​ ​Speaking:​ ​Supporting​ ​Students​ ​with​ ​Autism​ ​through​ ​Structured​ ​Teaching​ ​(2005) ECI​ ​Infant​ ​Development​ ​Program​ ​“Teaching​ ​Language​ ​Skills​ ​to​ ​Children​ ​with​ ​Autism”​ ​presented​ ​by​ ​Mark Sundberg,​ ​Ph.D.,​ ​BCBA​ ​(2005) Inclusion​ ​Physical​ ​Education​ ​(2005) 3 Submit Date: Jul 19, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Christi Ortiz 16 Texas A&M University Corpus Christi Registered Nurse 6300 Ocean Unit 5715 Christi Ortiz Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other City board. Education, Professional and/or Community Activity (Present) Currently pursuing Master's of Nursing Science Degree- Family Nurse Practitioner. Have obtained Associate's degree in Nursing from Del Mar College 2006, Bachelor's degree in Psychology from Texas A&M Corpus Christi 2003, and Associate's degree in Biology from Cisco college 2001. Currently a parent volunteer for Girl Scouts of Greater South Texas Troop 96037. Corpus Christi Texas 78412 361-825-3701 christi.ortiz@tamucc.edu Christi Ortiz Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? Corpus Christi is a wonderful place to live. As a mother of two young children, I would be honored to act as a source of information and referrals concerning the children and youth of our community. The City of Corpus Christi has many good programs for children. I would like to the opportunity to help support and shape those programs, as well as assisting to pioneer new programs in the future. I believe that the children are our future, and that our community as a whole has a responsibility to help guide them in the right direction. Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. I Agree Christi_resume.docx Christi Ortiz Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Health and Human Services Youth and Family Services Christi Ortiz Christi Ortiz Education Texas A&M University-Corpus Christi Currently pursuing MSN degree Fall of 2016 to present Del Mar College Associate Degree Nursing Graduated December 2006 Texas A&M University-Corpus Christi Bachelor of Arts Degree-Psychology Graduated August 2003 Cisco Junior College Associate Degree-Biology Graduated May 2001 Also attended Angelo State University Fall 2000 to Summer 2001 Professional Licensures and Certifications Registered Nurse, licensed through Texas Board of Nursing License valid through March 2019 Basic Life Support Certification valid through March 2019 Vision screener in the State of Texas Certification valid through December 2020 Registered to use audiometric equipment in the State of Texas Certification valid through December 2020 Experience August 2014 to Present Staff RN | Texas A&M University-Corpus Christi | University Health Center Registered nurse serving a diverse student population of over 11,000 students with the goal of keeping them well so they may attend classes and complete their education. Responsible for assessment, triage, treatment by protocol, venipuncture, and immunizations. Provide health education through outreach events on the University campus. Responsible for promotion and distribution for online college health magazine Student Health 101. October 2007 to August 2014 Registered Nurse | Christus Spohn Shoreline | Endoscopy Unit Administered moderate sedation and monitored patients during endoscopic procedures. Assisted physicians with biopsies, polypectomies, and hemostasis. Chairperson for the Unit Based Council. December 2006 to October 2007 Registered Nurse Christus Spohn South Surgical Telemetry Unit Utilized strong assessment skills to determine necessary patient care. Actively involved in Unit Based Council. Utilized the nursing process to care for post-surgical patients. Awards & Acknowledgements Awarded Dorothy Yeater Scholarship from TAMUCC Professional membership Member of American College Health Association 2 Submit Date: Sep 15, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Amanda Oster 2 Nueces County District Attorney Assistant District Attorney, Child Protection Unit 901 Leopard St, Room 206 Amanda Oster Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Work Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) Coastal Bend Border Region Human Trafficking Task Force Why are you interested in serving on a City board, commission or committee? To help better the community for my children, and the other children in Corpus Christi Corpus Christi TX 78401 361-888-0316 amanda.oster@nuecesco.com Legal_Resume.pdf Amanda Oster Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 Amanda Oster 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Amanda Oster 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Nueces County District Attorney's Office Amanda Oster Amanda Lynne Oster LICENSE Texas Law License, Number 24079092, 2011 EXPERIENCE Nueces County District Attorney Assistant District Attorney Child Protection Unit: February 2017- Present ♦ Prosecuted crimes where the victims were children, including Aggravated Sexual Assault of a Child, Criminally Negligent Homicide, and Continuous Sexual Assault of a Child ♦ Prepared and coordinated police officers, investigators, analysts, expert witnesses and lay witnesses for trial ♦ Prepared children witnesses to testify ♦ Reviewed criminal complaints and accepted or rejected charges ♦ Collected documentation from police, hospitals, emergency personnel, and lay witnesses to file charges ♦ Presented cases to Grand Jury ♦ Drafted indictments ♦ Participated in weekly multidisciplinary team meetings ♦ Conferred with and advised law enforcement during criminal investigations Nueces County District Attorney Assistant District Attorney Misdemeanor Prosecutor: May 2015- June 2016 Felony Prosecutor: June 2016- February 2017 ♦ Prosecuted over 20 jury trials as first or second chair ♦ Prosecuted contested hearings, including motions to suppress evidence, motions for speedy trial, and motions for discovery ♦ Prepared and coordinated police officers, investigators, analysts, expert witnesses and lay witnesses for trial ♦ Conducted legal research and drafted briefs for contested hearings ♦ Negotiated with attorneys to resolve cases ♦ Reviewed criminal complaints and accepted or rejected charges ♦ Collected documentation from police, hospitals, emergency personnel, and lay witnesses to file charges ♦ Presented cases to Grand Jury ♦ Drafted indictments ♦ Mentored less experiences prosecutors Amanda Oster, Attorney at Law Solo Practitioner February 2012-May 2015 ♦ Negotiated Felony and Misdemeanor Criminal Pleas ♦ Performed Legal Research ♦ Prepared for and Conducted Family Law Pretrial Hearings and Trials ♦ Prepared and Answered Discovery ♦ Participated in Negotiations and Mediations ♦ Advised Clients on Probate and Family Law Issues ♦Appointed as Ad Litem in Probate and Mental Health Proceedings ♦ Drafted and Filed Legal Documents ♦ Prepared Contracts and Deeds Brown Mackie College Adjunct Professor August 2011-December 2011 ♦ Prepared Daily Lectures and Activities ♦ Established Student Performance Criteria and Evaluations ♦ Engaged Students in the Learning Process ♦ Submitted Grades and Other Reports ♦ Participated in Workshops and Meetings St. Mary’s Law School Criminal Justice Clinic Student Attorney August 2010-January 2011 ♦ Researched and Compiled Applicable Laws and Cases for Contested Recusal Hearing ♦ Investigated Information, and Complied Case Law for Writ of Habeas Corpus Hearing ♦ Prepared for Misdemeanor Assault trial ♦ Wrote appropriate Motions and Memorandums ♦ Filed associated court documents United States Attorney’s Office- Western District of Texas Intern May- June 2009 ♦ Wrote Appellate Briefs for the Fifth Circuit Court of Appeals ♦ Examined and Assembled Information for Appellate Briefs ♦ Read and Summarized Court Transcripts ♦ Researched and Compiled Information for Continued Legal Education Course HealthTronics, Incorporated Legal Assistant December 2006-October 2007 ♦ Proofread legal records and forms for a medical company ♦ Prepared paperwork to Incorporate Businesses in several States ♦ Checked, analyzed, and prepared Confidential Material ♦ Entered information into various computer databases ♦ Organized and filed contracts and other legal material United States Probation Office Intern August-December 2006 ♦ Performed Criminal and Civil Background Checks ♦ Compiled Research used in Pre-Sentencing Reports ♦ Completed Reports sent to other District Probation Offices ♦ Observed court proceedings, defendants’ interviews, probationers’ office ♦ Assisted in home visits Travis County Sheriff Department Crime Lab Intern August-December 2003 ♦ Fingerprinted Individuals ♦ Learned different forms of Fingerprinting Evidence ♦ Assisted in Collecting Evidence from Crime Scenes ♦ Reconstructed Documents found at Crime Scenes ♦ Assisted in Criminal Investigations ♦ Assisted in identifying possible DNA on evidence for lab testing ♦ Participated in Undercover Alcohol Stings EDUCATION St. Mary’s School of Law, San Antonio, Texas Juris Doctorate, 2011 St. Edward’s University, Austin, Texas Bachelor of Arts, Psychology, Criminal Justice Minor, May 2007 SPECIALIZED TRAININGS ♦ 29th Annual Crimes Against Children Conference, 20 hours ♦ Full Court Press in Domestic Violence Cases: Building capacity for Expert Witness in Domestic Violence, Sexual Assault and Stalking, 16.5 hours ♦ Child Abuse Summit presented by Driscoll Children’s Hospital, 22.5 hours ♦ DNA in Sexual Assault Cases: The Role of Law Enforcement, SAFE/SANE Nurses, and Victim Advocates presented by the Office for Victims of Crimes, 11 hours ORGANIZATIONS AND MEMBERSHIPS ♦ Coastal Bend Border Region Human Trafficking Task Force ♦ Texas District & County Attorneys Association ♦ State Bar of Texas ♦ St. Mary’s University Innocence Project Organizer 2010-2011 ♦ Phi Alpha Delta Law Fraternity Submit Date: Jun 21, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Sherry L Peterson 53 United Way of the Coastal Bend Success By 6 Director 4659 Everhart Sherry L Peterson Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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 A.A.S. Early Childhood Specialist; B.S., Occupation Training and Development; M.S., Early Childhood Education, specialization Special Education COMMUNITY ACTIVITY I am the Success By 6 Director for the United Way of the Coastal Bend. I serve as the lead staff/ facilitator for the Success By 6 Early Childhood Coalition. The Coalition exists to help ensure children in the Coastal Bend area are physically, intellectually and emotionally prepared to succeed in kindergarten. Because the most important learning happens before school starts, families are the first and most important teacher. We are a Coalition of nonprofits, governmental agencies, businesses and individuals working together to empower families with the resources, information and guidance they need to put their children on an early path toward life-long success. Our end goal is happier, healthier and more successful children and families, and a stronger, more prosperous community. Corpus Christi Texas 78411 3618822529 sherry.peterson@uwcb.org Sherry L Peterson Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? I would like to participate on the Commission sharing my expertise and knowledge to assist in respectful problem solving and decision making that impact children, families and communities. Demographics Ethnicity African American Gender 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. I Agree Sherry__Resume_2017.pdf Sherry L Peterson 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. isf I Agree Consent for Release of information understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Sherry L Peterson Board-specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Education Sherry L Peterson Sherry L. Peterson EDUCATION Del Mar College, Corpus Christi, TX A.A.S. Early Childhood Specialist Texas A&M Corpus Christi, TX B.S., Occupation Training and Development M.S., Early Childhood Education, specialization Special Education SUMMARY OF QUALIFICATIONS  Ability to lead the professional growth of others.  Motivational training and communication skills.  Ability to build positive partnerships for collaborative efforts.  Knowledgeable about laws and resources available to children and adults with disabilities.  Ability to observe and use various data for critical analysis and problem solving.  Competent writing skills for documentation, reporting, presentations  Proficient with Microsoft Outlook, Word, Excel, Power Point and Publisher. PROFESSIONAL EXPERIENCE United Way of the Coastal Bend 2014 - Present Success By 6 Director Responsible for coordination of Texas Home Visiting grant partners and their respective projects and implementation of the Early Development Instrument (EDI) and Transforming Early Childhood Community Systems (TECCS) project components. Serve as the coordinator for Texas Home Visiting grant partners ensuring that projects are meeting pre- determined goals and timelines. Facilitate evaluation and assessment of project. Serve as lead staff to the Early Childhood Coalition maintaining a membership consisting of agencies, organizations, governmental entities and other interested community parties. Develop and update written community strategic plan in response to local community data in conjunction with the early childhood coalition. Preparation of reports including, but not limited to, THV required reports and UWCB project reports Del Mar College, Early Childhood Program Texas A&M Corpus Christi, Early Education Program Adjunct Instructor – ongoing as needed Courses taught: Families, Communities and School Relations; Children with Special Needs; Child Guidance; Creative Activities; Developmentally Appropriate Practices; Child Development Associates (CDA) The Rise School of Corpus Christi 2007- 2013 Executive Director Administration and management of an inclusive preschool program for children with disabilities and developmental delays. Program assessment and strategic planning for effective programming and curriculum development. Assisting parents with accessing community resources, empowering information and advocacy. Assisted parents with transition activities and ARD meetings. Establish and maintain positive community and business partnerships. Personnel supervision and management including HR responsibilities. Planned, facilitated, and conducted staff development and training. Developing and maintaining contracts with program therapists for effective programing. Fiscal budgeting, accounting, and payroll activities. Grant writing and fundraising activities. Sherry L. Peterson Education Service Center, Region 2 Corpus Christi, TX 2005-2007 Early Childhood Consultant Conducted program assessments and follow ups for meeting quality curriculum standards for the Texas Rising Star. Wrote summary reports and strategies for improvement. Provided training and technical assistance to community child care providers including support for inclusion of children with disabilities. Conducted community needs assessment for child care for the region. NCCAA Head Start/Early Head Start Program Corpus Christi, TX 2001-2005 Family and Community Partnership Coordinator Supervision and monitoring of recruitment, selection, enrollment and attendance of children. Conducted staff performance evaluations and actions plans for professional growth. Monitored compliance with Head Start Performance Standards. Served as a member of Special Quest team to improve service provision for children with disabilities. Conducted periodic staff training. Assisted in the revision and/or development of program plans for implementation of Head Start Performance Standards. Nueces County, MHMR, MR Services (adults) Nueces County, MHMR, ECI Infant Development Program 1998-2001 Service Coordinator / Early Intervention Specialist Developed Individualized Personal Plans and provided service coordination for adults with disabilities. Assisted clients with self-advocacy and ensured that they were protected from abuse and exploitation. Developed Individualized Family Service Plans (IFSP) as a part of an interdisciplinary team. Implemented therapeutic activities with children and families as per IFSP Linked families to community resources to support their needs of their family and child. Supported families toward self-advocacy providing information and guidance on their legal rights. Assisted families with transitional activities in preparation for special education service through the school district. ADDITIONAL PROFESSIONAL ACTIVITIES Provided training and consultation for over 15 years including but not limited to: Consultation to assist with NAEYC accreditation Contract training with Child Care Management Systems / Texas Workforce Solutions CDA Trainer and Advisor Training for Bay AEYC, Texas AEYC, and Texas and National Head Start Conference Served on the Mental and Disabilities Advisory Committee for Nueces County Head Start Healthy Child Care Consultant Certification Over 10 years of experience teaching children in preschool settings- 1982-1994 Submit Date: Oct 16, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Ericka M Ramirez 11 Flour Bluff ISD Special Ed. Paraprofessional 2505 Waldron Rd. Ericka M Ramirez Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH: 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) Website was unable to upload resumé Why are you interested in serving on a City board, commission or committee? I am a firm advocate for the Bay Area's youth concerning accessible resources. I strongly believe preparing our children for the future benefits the entire community. I also aspire to be an outlet of information in reference to local issues and solutions. Corpus Christi TX 78418 eramirez@flourbluffschools.net Ericka M Ramirez Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Ericka M Ramirez 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Ericka M Ramirez 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Education Ericka M Ramirez Submit Date: Jul 10, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Robert C Soape 8 n/a n/a n/a Robert C Soape Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address 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 n/a n/a n/a n/a kolt45soape@gmail.com Robert C Soape Upload a Resume Please upload any additional supporting documents 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 Demographics Ethnicity Other Gender 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. I Agree Robert C Soape 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 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Robert C Soape Board-specific questions (if applicable) Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes No Robert C Soape Question applies to COMMISSION ON CHILDREN & YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected 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? Yes 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? * None Selected Robert C Soape 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 1118x, V.A.C.S. Approved by electors in the cities of Corpus Christi, Agua Dulce, Driscoll, Gregory, Robstown, San Patricio, and in Nueces County on August 10, 1985. Resolution No. 20363- Amended terms to two-years and set an eight-year service limitation for members; House Bill 1621. 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 N/A OTHER INFORMATION DETAILS 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. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Corpus Christi Regional Transportation Authority Members November 7, 2017 One (1) vacancy with term to 6/30/18. (Note: The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be transportation disadvantaged.) Name Board Name Status District Term End date Category Abel Alonzo CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Deceased District 5 1 06/30/18 City-Transportation Disadvantaged Curtis Rock CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 5 2 01/10/18 Regional Transportation Authority Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 2 09/30/19 Nueces County Scott M. Harris P.E.CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 09/30/19 Nueces County Dan S. Leyendecker CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 1 09/30/19 Nueces County Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 09/30/19 Mayor of other Cities Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 2 09/30/19 Mayor of other Cities Patricia B. Dominguez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 1 06/30/18 City George Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 3 06/30/18 City Edward Martinez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 1 06/30/18 City Larry D. Young, Sr.CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 1 06/30/18 City Corpus Christi Regional Transportation Authority Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St.Work Phone Category Transportation Disadvantaged Priscilla Alvarez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Alvarez & Co.5702 S. Staples ste C-6 Corpus Christi TX City No Anne Bauman*CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 City Yes James (Jim) B. Boggs CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self-Employed 4701 Donegal Drive Corpus Christi TX 361-765-8923 City No Gabi S. Canales CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 Canales Law Firm 5262 S. Staples Street , Suite 100 Corpus Christi TX 361-887-4700 City No Donnie Contreras*CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 Retired City Yes Steven V. DeAses CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Ace Stevens Consulting City No Martin L. Evans CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd, Ste. 560 Corpus Christi TX City Yes Robbin C. Goodman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 TPCO America Corporation 5431 Hwy 35 Gregory TX 361-704-8129 City No 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 No Paulette G. Kluge*CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 Corpus Christi Convention and Visitors Bureau 101 North Shoreline #430 Corpus Christi TX 361-881-1877 City No Andres Rocha CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 Retired City Yes Michael L. Staff CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 DRR & RS, Inc.6342 Harwick St.Corpus Christi TX 361-853-0003 City No Lamont C. Taylor CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 L. C.Taylor & Associates 1701 Stillman Corpus Christi TX 361-739-4686 City Yes Bill Tinney CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 TKO Alarms and Security City No Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 London ISD 1306 FM 43 Corpus Christi TX 361-855-0092 City No *Currently serves as a City appointee on another board, commission, committee or corporation, but will resign if appointed. Submit Date: Sep 02, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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=c42fde6630d0421b9d57ef926e485d01) * District 5 Current resident of the city? Yes No Priscilla Alvarez 39 Alvarez & Co.Owner 5702 S. Staples ste C-6 Corpus Christi Texas Priscilla Alvarez Page 1 of 6 Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address 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. Demographics 78413 prisalvarez13@gmail.com Priscilla Alvarez Page 2 of 6 Ethnicity Hispanic Gender 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. 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes 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 Submit Date: Aug 29, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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=c42fde6630d0421b9d57ef926e485d01) * District 5 Current resident of the city? Yes No Anne Bauman 21 TX Anne Bauman Page 1 of 6 Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents 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 Anne Bauman Page 2 of 6 Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes 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 Submit Date: May 31, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 5 James (Jim)B.Boggs AIA Self Employed Sr. Architect 4701 Donegal Drive Corpus Christi, Texas 78 413 James (Jim) B. Boggs AIA Work Phone Work E-mail address If yes, how many years? Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) 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? Yes No Current resident of the city? Yes No 361/765-8923 jimboggsregent@stx.rr.com 53 years James (Jim) B. Boggs AIA Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Caucasian/Non-Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Partial_Resume_Jim_Boggs_AIA_6- 17.doc 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. I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? 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. Submit Date: Sep 11, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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=c42fde6630d0421b9d57ef926e485d01) * District 4 Current resident of the city? Yes No Gabi S Canales 15 Canales Law Office Attorney 5262 S. Staples Street , Suite 100 Corpus Christi Texas Gabi S Canales Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address 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. Demographics 78412 361-887-4700 gabilaw14@gmail.com IMG_3080.PNG IMG_3081.PNG Gabi S Canales Ethnicity Hispanic Gender 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. 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes No Gabi S Canales Submit Date: Aug 01, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Donnie Contreras 58 retired Donnie Contreras Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Appointed CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently I serve on the Corpus Christi Regional Transportation Authority- Committee for Accessible Transportation (RCAT) and the Parks and Recreations Advisory Committee Education, Professional and/or Community Activity (Present) Master's Degree in Science and Education Regional Committee for Accessible Transportation Coastal Bend Adaptive Sports Crossroads Adaptive Sports in Victoria Committee for Persons with Disabilities Why are you interested in serving on a City board, commission or committee? donniecontreras@gmail.com Donnie Contreras Page 2 of 6 Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Donnie_Bazan_ContrerasPRO_RESUME2015.docx Donnie Contreras Page 3 of 6 x 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Donnie Contreras 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes No Donnie Contreras 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. Donnie Contreras Page 6 of 6 Donnie Bazan Contreras Texas Department of Assistive Services 9411 Parkfield, Suite 500 04/2013 to 08/2014 Austin, TX 78758 Vocation Rehabilitation Counselor Piclidix Inc 6//2007 to 03/2013 Corpus Christi, TX Nursery, Landscape and Floral Business Coastal Bend College 8/1988 to 5/2007 Beeville, TX Academic Instructor/Division Chair Professional Profile Educator with a Specialty in Kinesiology and Health Science (19 years’ experience) Director for Recreational Activities-Intramural and Extramural (19 years’ experience) -I served as the Academic Division Chairperson of the Kinesiology and Health Science Division -manage the administrative, fiscal, and instructional resources of the division. -recruited full-time and adjunct faculty -scheduled class courses, faculty, classrooms, and other facilities; providing for the ongoing professional development and evaluation of faculty -oversaw curriculum development and assessment; classes instruction -responsible for student academic advisement -coordinated all aspects of faculty program development -responsible for planning and assessing of the divisional personnel -responsible for supporting the vision and mission of Coastal Bend College -responsible for compliance of rules governing The Texas Coordinating Board and the Southern Association of Colleges and Schools. -responsible for all divisional annual reports -served on various committees -provided leadership for college programs and its supporting curriculum. -oversaw the student evaluations of instructors -supported college economic and community development Corpus Christi Army Depot 11/1980 - 8/1985 I worked in the Compressor Shop as an Aircraft Mechanic Helper. I worked on the T53, 755, and T63 engine compressors. I worked on the disassembly and assembly of the bearing pack housing. I made minor repairs of some compressor assemblies. I cleaned parts, reworked the wheel assemblies and the impellers used to assemble compressors. I Flow Test the T55, L11 and the L110 number 2 bearing packages. I overhauled the bearing pack housing. In overhauling the bearing packages, I used 3 types of micrometers for precision measuring. I also used Dial Indicators to measure the wear on the A700 and the A720 couplers. I used the Intro micrometer to measure A area of the rear diffuser. Outside and Depth Micrometers for the Bearing Housing and the Travel Micrometer to measure the wing spread on the compressor rotors. I inspected parts for damage after disassembly. Either I would RED TAG or turned it over to Quality Assurance Inspector for approval. I worked in Rotating Electric Shop first as a Electrical Equipment Repairer Helper. I did disassembly, cleaning, repair, reassembly, and testing of electrical and mechanical equipment. The equipment mostly involved were motors, generators, external lights, inverters, actuators, fuel booster pumps. I overhauled a wide range of aircraft electrical components of all aircrafts repaired at CCAD I overhauled all aircraft line electrical components I overhauled aircraft generators I overhauled actuators I overhauled fuel probes I overhauled a variety of compressors I overhauled compressor sections I also worked with a variety of specialized tools used in the aircraft mechanic profession. I frequently used a variety of aircraft mechanical air tools I used torque wrenches in the overhaul process Other measurement tools that I used were micrometers and calipers I worked with Land Lights and Search Lights I also worked with specialized weighing tool for compressor blades Civic Service -Corpus Christi Regional Transit Authority (RCAT) Vice Chairman (1984- ) -City of Corpus Christi Committee for Persons with Disabilities Vice Chairman (2007-2017) -Parks and Recreation Advisory Committee (2017 - ) References Dr. John B Gratton President New Mexico State University Carlsbad Dr. Thomas B. Baynum President Black Hawk College Darlene Stockton Coastal Bend College John Moreno Coastal Bend College Judy Bloomquist Texas A&M University Kingsville Robert Alexander Texas Department of Assistive Services Education Master of Science Texas A&M University Kingsville Kingsville, TX May 1997 Bachelors of Science Corpus Christi State University Corpus Christi, TX (Currently Texas A&M Corpus Christi University) May 1988 Associate of Arts Del Mar College Corpus Christi, TX May 1980 High School Diploma Mary Carroll High School Corpus Christi, TX May 1976 Additional Information Department of the Army Certificate of Promotion Electrical Equipment Repairer Helper WG-5 effective 9/23/1984 Department of the Army Certificate of Training Basic DC Electricity 31 January 1985 Department of the Army Certificate of Promotion Electrical Equipment Repairer WG-8 Effective 8/25/1985 Submit Date: Oct 28, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 5 Steven V DeAses Ace Stevens Consulting Consulting Engineer Steven V DeAses Work Address - Zip Code Work Phone Work E-mail address If yes, how many years? 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 No Current resident of the city? Yes No steve@acestevens.com 34 Steven V DeAses Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Steven_DeAses_Resume_20160915.pdf 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. I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? 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] Submit Date: Mar 14, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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 What district do you live in? * District 5 Martin L.Evans Freedom Investment Counsel LLC Owner 101 North Shoreline Blvd, STE 560 Martin L. Evans Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) 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 No Current resident of the city? Yes No Corpus Christi TX 78401 Marty@Freedom-ic.com Martin L. Evans If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Unknown Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree 50 City_Board_Resume.doc 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. I Agree Oath - I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? * 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) Yes No Martin L. Evans Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? Yes No Question applies to PLANNING COMMISSION Are you a registered voter of the City of Corpus Christi? Yes 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? Yes No 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 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 Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P & L analysis EXPERINCE: May 2009 – Present Registered Principle/Owner – Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 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 NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data base Investment Management Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: 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. Submit Date: Nov 14, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 4 Robbin C Goodman TPCO America Corporation Business Operations Specialist 5431 Hwy 35 Gregory Texas 78359 Robbin C Goodman Work Phone Work E-mail address If yes, how many years? Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 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 No Current resident of the city? Yes No 361-704-8129 robbing@tpcoamerica.com 2 Robbin_Resume.pdf Robbin C Goodman Demographics Ethnicity Caucasian/Non-Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes 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 •Fluent Mandarin Chinese •International Science Research Experience •3.5 Years Oilfield Experience •Academic Leadership 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 Oxford, MS, USA CHINESE TEACHING ASSISSTANT •Leading a class of 10 new Mandarin students •Conduct weekly language tutoring in Mandarin Chinese •Grading of homework, tests, and papers 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+/2+ Oral Proficiency Interview (OPI Chinese) - Superior Submit Date: Sep 08, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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=c42fde6630d0421b9d57ef926e485d01) * District 4 Current resident of the city? Yes No Darlene K Gregory 26 East Meets West Productions President 1024 Leopard St, Suite A Corpus Christi TX Darlene K Gregory Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing 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: 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. 78401 361-904-0044 dgregory@eastmeetswestproductions.com DKG_Resume_2017.docx CCRTA_Award_Letter.docx Darlene K Gregory Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes No Darlene K Gregory Submit Date: Sep 05, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile 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=c42fde6630d0421b9d57ef926e485d01) * District 1 Current resident of the city? Yes No Paulette G Kluge 14 Corpus Christi Convention and Visitors Bureau CEO 101 North Shoreline #430 Corpus Christi TX Paulette G Kluge Page 1 of 6 Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents 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 Demographics 78401 361-881-1877 pkluge@visitcorpuschristitx.org Paulette_Kluge_Updated_Resume.doc Paulette G Kluge Page 2 of 6 Ethnicity Caucasian/Non-Hispanic Gender 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. 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes 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 Submit Date: Oct 27, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Andres R.Rocha 59 Retired Andres R. Rocha Page 1 of 7 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted ELECTRICAL ADVISORY BOARD: Submitted MECHANICAL/PLUMBING ADVISORY BOARD: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted TREE ADVISORY COMMITTEE: Submitted CLEAN CITY 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) Graduated from Roy Miller 1976 Served in the United States Army 1979 - 1983; Re-enlisted 2001 -2007 Served in the National Guard 2001-2007 Andres R. Rocha Page 2 of 7 Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? I want to see improvements with the City and I want to make a difference in the live of others. Now that I have more time on my hands, I would be able to attend the meetings and give input. Demographics Ethnicity Hispanic Gender 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. I Agree andres-rocha.pdf Andres R. Rocha Page 3 of 7 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 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Andres R. Rocha Page 4 of 7 Does your employer or your spouse's employer have a City contract? Yes 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 No 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None Selected 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 No Andres R. Rocha Page 5 of 7 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes No Question applies to ELECTRICAL ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Electrical Industry Question applies to MECHANICAL/PLUMBING ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Building Industry 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 TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Yes No Andres R. Rocha Page 6 of 7 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? * None of the above Andres R. Rocha Page 7 of 7 andres rocha Authorized to work in the US for any employer WORK EXPERIENCE Security Officer Secureco.inc - Corpus Christi, TX - June 2016 to December 2016 License level 2 Toss prevention certificate also have military experience over 5 years experience in security work driver Warehouse Food Bank of Corpus Christi - Corpus Christi, TX - September 2015 to June 2016 Collect donations from HEB and Walmart also deliver two churches and charity Outlets also deliver out of town and picked up donations as customers will call in responsible for all the D.O.T. paperwork Driver/Operator Quality ready mix - Corpus Christi, TX - August 2013 to July 2015 Responsibilities also delivery concrete to customers and C.O.D. Driver/Operator Alamo ready mix - Corpus Christi, TX - December 2008 to July 2013 Responsibilities delivery concrete to customers 1 to 10 yards EDUCATION Diploma Roy Miller high - Corpus Christi, TX June 1976 SKILLS Forklift operator gas propane and Electric (9 years) MILITARY SERVICE Service Country: United States Branch: Army- National Guard Rank: E-5 June 1981 to November 2007 54B,31c,21B mos Commendations: honorable discharge Submit Date: Jan 06, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 1 Michael L Staff DRR & RS Inc.Vice President 6342 Harwick St Corpus Christi TX 78417 Michael L Staff Work Phone Work E-mail address If yes, how many years? Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 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 No Current resident of the city? Yes No 3618530003 mlstaff035@yahoo.com 1 Michael L Staff Demographics Ethnicity Caucasian/Non-Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes 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 Submit Date: Dec 28, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 1 Lamont C.Taylor L. C.Taylor & Associates CEO 1701 Stillman Corpus Christi Texas 78407 Lamont C. Taylor Work Phone Work E-mail address If yes, how many years? Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 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 No 361 739 4686 ltshadow@gmail.com 50+ Resume_- _Lamont_C_Taylor__2_.doc Lamont C. Taylor Demographics Ethnicity African American Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. 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 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 Director/Business Development & Compliance 20 years DBE/EEO Officer 10 years 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 Submit Date: Dec 01, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 2 Bill Tinney TKO Alarms and Security Bill Tinney Work Phone Work E-mail address If yes, how many years? Upload a Resume Please upload any additional supporting documents 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: No. Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? Registered Voter? Yes No Current resident of the city? Yes No bwtinney@tkoalarms.com 12 Bill Tinney Demographics Ethnicity Caucasian/Non-Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes 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 Submit Date: Dec 29, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Work Address - City Work Address - State Work Address - Zip Code CITY OF CORPUS CHRISTI Application for a City Board, Committee, or Commission Profile Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted What district do you live in? * District 3 Carlos Vargas London ISD Trans/Maint Director 1306 FM 43 Corpus Christi Texas 78415 Carlos Vargas Work Phone Work E-mail address If yes, how many years? Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 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? Yes No (361) 855-0092 cvargas@londonisd.net 7 Resume_CarlosBVargas.doc Carlos_Vargas_Biography.doc Carlos Vargas Demographics Ethnicity Hispanic Gender Male Verification City Code Requirement - As a board, commission, or committee member, you will be asked to adhere to: City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Also, City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I Agree Consent for Release of Information - I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. 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. 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 No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged? Yes 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. Vargas Objective My objective is to obtain employment in my area of expertise, transportation. For the past twenty­seven years I have worked in the  professional transportation field in some capacity. From my start as a bus operator for Pharr­San Juan­Alamo 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 non­managerial 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 2006­2014 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 in­vehicle experience and conducted “behind the wheel” training  Responsible for on­time 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, Region­One Educational Service Center 2002­2006 Attended Region­One 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 Road­eo Director of Transportation, McAllen Independent School District 2001­2006 Supervised a 120 person employee staff  Oversaw a 1.6 million annual budget  Managed proposals for school bus purchases Submitted Transportation Funding reports to TEA Performed evacuation training for students with special needs  Attended monthly school board presentation Arranged meetings with school principals, teachers, and parents Gained in­vehicle experience and conducted “behind the wheel” training with bus drivers Managed Safe Transportation in­service meetings   Collaborated with the City of McAllen during hurricane evacuation planning    Transportation Supervisor/Dispatcher, Pharr­San Juan­Alamo I.S.D 1994­2000 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 bi­weekly payroll   Submitted Transportation Funding reports to TEA Performed school bus evacuation training at schools   Performed “behind the wheel” training and earned in­vehicle experience Transportation Bus Operator, Pharr­San Juan­Alamo I.S.D.1986­1994 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 1981­1986 Transported used cars Assisted in sales and service  Corresponded with customers Detailed vehicles  Performed minor engine repair Education HSD, Pharr­San Juan­Alamo High School 1981 Other Certified Texas Education Agency (TEA) Instructor Texas Association of Pupils Transportation (TAPT) Instructor State Certified under the Texas DPS in Accident Investigation Skills I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a  management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively  resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as  I have consistently managed multiple projects/departments at once. 2 In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of   experience in the field.  In his second year of working with MV Transportation, he received the   award of “New General Manager of the Year” for 2008.  He manages the budget for the   corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr­San Juan­Alamo 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 Big­Brothers Big­Sisters 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 May­2010, 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 1 st place in the “2002­Backyard Chef” contest.   COMPOSITION Nine (9) members of which seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two-years. Each nominee must be confirmed by a majority of City Council Members. CREATION / AUTHORITY Section 2-75, Code of Ordinances. Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399, 8-27-85; 19830, 7-7-87; M87-0330, 9-22-87; 20115, 12-17-87; 20294, 5-3-88; 20674, 5-16-89; 022900, 4-15-97; 027945, 11-18-08. MEETS 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor, and occasional location changes to other Branch Libraries. TERM DETAILS Two-year terms. DEPARTMENT Libraries COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION DETAILS City Of Corpus Christi LIBRARY BOARD BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. LIBRARY BOARD Page 1 of 1 Library Board Members November 7, 2017 Five (5) vacancies with terms to 11/5/19. Name Board Name Status District Term End Date Category Attendance Zoraida J. Basaldu LIBRARY BOARD Seeking reappointment District 5 Partial 11/05/17 Regular Member 50% 2/4 meetings (2 exc.) Candace S. Hart LIBRARY BOARD Seeking reappointment District 1 Partial 11/05/17 Regular Member 89% 8/9 meetings (1 exc.) Brian Solarek LIBRARY BOARD Seeking reappointment District 4 2 11/05/17 Regular Member 89% 8/9 meetings (1 exc.) Abigail Bair LIBRARY BOARD Exceeded number of absences allowed by Ordinance District 4 1 11/05/17 Regular Member Margaret Jane Epley Kratzig LIBRARY BOARD Not seeking reappointment District 2 Partial 11/05/17 Regular Member Tom Krepel LIBRARY BOARD Active District 5 1 11/05/18 Regular Member Alice Nixon LIBRARY BOARD Active District 5 1 11/05/18 La Retama Club Janis G. Wood LIBRARY BOARD Active District 3 1 11/05/18 Regular Member Harris M. Worchel LIBRARY BOARD Active District 5 1 11/05/18 Friends of the Libraries Board Library Board Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St. Nicole Carroll LIBRARY BOARD District 4 Retired TX Ida A. Hobbs LIBRARY BOARD District 4 Corpus Christi Medical Center 7101 South Padre Island Dr.Corpus Christi TX Julie T. Rogers LIBRARY BOARD District 1 Retired TX Submit Date: Sep 18, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Nicole Carroll getting close to three years retired 15921 San Felipe Dr Nicole Carroll Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None at this time Education, Professional and/or Community Activity (Present) I am an attorney currently licensed in Iowa and Wisconsin, although I am in inactive status in Wisconsin. I am currently the President of one of the PEO chapters in Corpus Christi (a philanthropic educational organization supporting the education of women). I volunteer once a month at the Loaves and Fishes soup kitchen with other members of my church, and also provide periodic volunteer service at the local Ronald McDonald House (such as helping decorate and undecorate for the holidays, making special meals and donating money). I occasionally help package lunch sacks for the Salvation Army, also through my church, and belong to a number of small special interest groups through New Neighbors League of Corpus Christi. Corpus Christi TX 78418 regentcarroll@gmail.com Nicole Carroll Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? As you can see from my resume, I have served both as a member of a local community school board for 12 years in the State of Iowa (the last six of which I served as president of the Board) and as one of nine members of the Board of Regents of the State of Iowa for a little over three years, until I resigned in order to move to Texas. In Iowa, the Board of Regents is responsible for the governance of the three state universities, as well as the now-combined school for the deaf and blind students K-12. In addition, I served the City of Carroll, IA on the Parks and Recreation Committee for several years, and as President of that committee during a portion of that time. So I well know how rewarding volunteer service for governmental agencies can be, and am familiar with the proverbial "hot seat" that such service may yield. I enjoy the challenge of service, knowing that you can not please all of the people all of the time, but you must still persevere in doing what you think is right and appropriate for the situation at hand. As I enjoy my visits to the couple Corpus Christi libraries with which I am familiar, am a life-long reader, and have a skill set which I could put to use on the Library Board, I am interested in serving my community in this manner. Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. I Agree Updated_CV_for_Nicole_Word.pdf Nicole Carroll 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 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Nicole Carroll Does your employer or your spouse's employer have a City contract? Yes 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 No 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Not applicable given answers above. Board-specific questions (if applicable) Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Nicole Carroll Personal Nicole C. Carroll Currently licensed to practice law in Iowa; inactive member of the Wisconsin Bar Married nearly 40 years to John R. Carroll, MD Mother of Dr. Nathan, age 35; Dr. Neil, age 33; Dr. Joy, age 30; and Dr. Justine, age 30 Education Juris Doctor Degree from University of Iowa College of Law, 1979 Bachelor of Science Degree from Iowa State University, 1974 High School Diploma from Roland-Story High School, 1971 Professional Experience Tax preparer during tax season for H & R Block, Carroll, IA, 2008-2010 Substitute Teacher Associate, Carroll Community Schools, 1993-94 Corporate Attorney for a bank holding company in Milwaukee, WI, 1979-1982 Summer Intern in General Practice Law Office in Adel, IA, 1977-78 Lifestyle Editor, Newspaper Reporter for Boone News-Republican, ’74-’76 Intern at ISU Extension Information Office writing press releases, 1973-74 Past Volunteer Experience Regent, Iowa Board of Regents for state universities, schools for Deaf and Blind, 2011-14 Court Appointed Special Advocate (CASA program in Iowa), 2008-2014 Board of Directors, Carroll Community Schools, (IA) 1994-2006 President of Board, 2000-2006 member of numerous school committees, 1992-2006 Chair of Parks, Recreation and Culture Board, City of Carroll (IA), 2008-13 Assistant Attorney Coach, Carroll High School Mock Trial, 2002-2005 Member of Pastoral Search Committee, St. John Lutheran Church in Carroll, IA, 1997 Girl Scout Leader, 1995-97 Cub Scout Den Mother, 1990-94 Secretary and Member of Parent -School Cooperative, early 1990’s Chair of Book Fairs and Geography Bees Coach of Destination Imagination/Odyssey of the Mind several years Treasurer, St. John Lutheran Church, Carroll, IA, 1983-1989 Board Member, Carroll Day Care Center, mid-1980’s United Way committee member, mid 1980’s Professional Associations Iowa State Bar Association, 1984-present Wisconsin Bar Association, 1979-present Submit Date: Sep 04, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Ida A Hobbs 11 Corpus Christi Medical Center Performance Improvement Coordinator part-time 7101 SPID Ida A Hobbs Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Termed out of Leadership Committee for Senior Services. Served as Secretary and Chair Education, Professional and/or Community Activity (Present) BSN RN, volunteer at Timmons Ministries (dental clinic) Previous CASA volunteer Why are you interested in serving on a City board, commission or committee? Now that I am semi-retired, I have the time to pursue volunteer activities. I moved to Corpus Christi in 2006. Participating in a city committee helps my integration into this community as well as gives me a historical perspective, as many of the people that I meet are originally from CC. I am also curious as to how city government functions as a whole. This is my adopted city and I want to be a participant in helping it reach its goals. Corpus Christi TX 78412 361-658-0784 Ida A Hobbs Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Ida A Hobbs Submit Date: Sep 25, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes No Julie T Rogers 2 Retired 1324 N. Mesquite St Julie T Rogers Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: 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) BA Spanish, BA Anthropology, MA Spanish Arts, MA Applied Anthropology Why are you interested in serving on a City board, commission or committee? I want to serve Corpus Christi. My husband and I chose to retire here because we love this City. It has given us so much, and I want to give back. I think that supporting our arts and libraries and increasing literacy, knowledge, readership, and library participation is the best way I can do that. Thank you for your time and consideration. Corpus Christi TX 78401 rogersjuliet@gmail.com Julie_Travis_Rogers_Resume_092017.docx Julie T Rogers Please upload any additional supporting documents Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. 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 Julie T Rogers 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Julie T Rogers 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer "yes" to any of the questions above Board-specific questions (if applicable) Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Julie T Rogers Julie Travis Rogers JOB EXPERIENCE, EDUCATION AND TRAINING National Nurses United: Organizer (November 2008 – retirement in March 2017) ·Represented Registered Nurses in advocating for their patients, public health and safe patient care. Service Employees International Union: Organizer (June 2004- September 2008) ·Represented Public Service Sector Employees in San Antonio, TX. in advocating for and achieving quality public services. Master of Arts in Anthropology (May 2004) University of Memphis, Tennessee Urban Track in Applied Anthropology program (2002-2004) ·Had emphasis on qualitative research methods. ·Completed practicum with La Maestra, a non-profit educational and language learning community-based organization, resulting in a Program Evaluation Report. ·Acquired English as a Second Language Teaching and Training. ·Passed Comprehensive Exam in Applied Anthropology and Anthropology of the South. Executive Director of the Mid-South Peace and Justice Center (2001-2002) Memphis, Tennessee ·Implemented Civil Rights Oral History Project with YWCA. ·Started Global Goods Fair Trade Store with First Congregational Church. ·Started Grow Memphis Urban Garden Program and Food Not Bombs. ·Served on Board of Directors of Tennessee Industrial Renewal Network. Master of Arts in Spanish (2001) University of Arkansas, Fayetteville, Arkansas ·Prepared for and achieved experience as Spanish Instructor. ·Passed Comprehensive Exam in Spanish and Latin American literature. Bachelor of Arts in Anthropology with a Minor in Classical Studies (2001) University of Arkansas, Fayetteville, Arkansas Bachelor of Arts in Spanish and Latin American Studies (1998) University of Arkansas, Fayetteville, Arkansas 1 AWARDS, PRESENTATIONS, DISTINCTIONS AND FELLOWSHIPS Paper Presentation at Society for Applied Anthropology National Meeting (March 2004) ·Session title: “Creating Connections: Learning Advocacy in Low-Income Communities.” ·Paper title: “Survival English: Incipient ESL Programming In Memphis.” Graduate Assistant for Dr. Jane Henrici (2003-2004) Anthropology Department, University of Memphis ·Duties included course preparation for spring semester class on Culture and Transnational Processes; research on globalization, poverty and immigration; and assisting in production of final manuscript for publication. Graduate Assistant for Dr. Melissa Checker (2002-2004) Anthropology Department, University of Memphis ·Duties included research; reviewing and proofing articles written by Dr. Checker; facilitating and compiling an appendix of environmental justice groups for a book that will be published in 2005; co-editing and publishing departmental newsletter; creating flyers and announcements. Teaching Assistant for Dr. Stanley Hyland Spring (2003) Anthropology Department, University of Memphis ·Helped to prepare and coordinate syllabus for course entitled “Neighborhood Development and Poverty;” co-wrote tests, graded, acted as liason between students, professor and nonprofit organizations. University of Arizona Fellowship for Fourth Annual Meeting on the Border Environment in Tijuana, Mexico (May 2003) Stanley Foundation Grant for “National Training of Trainers in Human Rights Program” at the University of Minnesota Human Rights Center (August 2001) Teaching Assistantship in Spanish Department (1998-2000) University of Arkansas, Fayetteville ·Taught six semesters total of Remedial, Beginning and Intermediate Spanish to classes of 25-35 students, two classes per semester Phi Beta Kappa (1998 – present) Arts and Science Honor Society Sigma Delta Pi (1996 – present) Spanish Honor Society 1997 National Scholarship for Study in Mexico Pi Beta Delta (1995 – present) International Studies Honor Society 2 Samuel C. Dellinger Award for Outstanding Anthropology Major (1998) Dr. & Mrs. Burns Ewart Scholarship for Outstanding Anthropology Major (1996, 1997) Lisa Huffington Duque Scholarship for Outstanding Spanish Major (1995, 1997) Holly Turner Meek Scholarship for Outstanding Foreign Language Major (1995) INTERESTS AND GOALS I believe that our cities and communities are like an extended family, and we can thrive when we support each other with resources, development, planning and nourishment and support for growth. Corpus Christi is growing up and is maturing into an even more shining gem by the sea with such vision, which is why we moved here permanently in 2015. We need to continue to increase our literacy rates though and move our libraries and creative institutions forward for workforce development, as well as to retain and attract new urban pioneers. My dedication, background and education in labor, human rights, and applied and urban anthropology of the South enable me to participate fully on the Corpus Christi Public Library Board. I can do outreach, fundraising, conduct research and interviews, and work with other Board Members and the City Council. I am especially qualified and interested in issues of literacy, the arts, urban and community development and public policy with these credentials: ·Program Evaluator ·Applied Anthropologist ·ESL Instructor and Spanish Instructor ·Labor Representative ·Certified Facilitator a d Trainer ·Certified Trainer of Trainers in Human Rights Education and former Member of Amnesty International Network of Human Rights Educators 3 COMPOSITION Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council for three-year staggered terms. The following organization may appoint an ex-officio, non-voting representative: United States Navy. Members elect a Chair from among its membership at the first regular meeting in August of each year. CREATION / AUTHORITY City Charter Art. 5, Sec. 1-6. The first Planning Commission ordinance was adopted in 1937 and has been amended several times, the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances; Ord. 022164, 2-28-95; Ord. 031165 - 06/13/17. MEETS Every other Wednesday, City Hall, Council Chambers, 5:30 p.m. TERM DETAILS Three-year staggered terms. DEPARTMENT Development Services COMMITTEE/ SUBCOMMITEE AGENDAS N/A DETAILS City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Planning Commission makes and amends a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable during the forthcoming five-year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, members appointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee (§10-17). This committee reviews applications for master planned development ordinances from applicants seeking beachfront construction, and submits their recommendations to City Council. They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'​s jurisdiction. PLANNING COMMISSION Page 1 of 2 OTHER INFORMATION PLANNING COMMISSION Page 2 of 2 Planning Commission Members November 7, 2017 One (1) vacancy with term to 7/31/18. Name Board Name Status District Term End Date Position Frank Hastings PLANNING COMMISSION Resigned District 5 Partial 07/31/18 Member Jeremy Baugh PLANNING COMMISSION Active District 1 1 07/31/19 Member Carl Crull PLANNING COMMISSION Active District 5 2 07/31/20 Member Heidi Hovda PLANNING COMMISSION Active District 2 2 07/31/20 Member Marsha Williams PLANNING COMMISSION Active District 3 2 07/31/20 Member Daniel M. Dibble PLANNING COMMISSION Active District 5 1 07/31/19 Member Mike Lippincott PLANNING COMMISSION Active District 4 2 07/31/18 Vice-Chair Eric Villarreal PLANNING COMMISSION Active District 2 2 07/31/19 Chair Sheldon Schroeder PLANNING COMMISSION Active District 4 Partial 07/31/18 Member Ben Polack PLANNING COMMISSION Active N/A N/A Ex-Officio, Non-voting Planning Commission Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St.Work Phone Registered Voter Martin L. Evans PLANNING COMMISSION District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd., Ste. 560 Corpus Christi TX Yes Matthew C. Ezell*PLANNING COMMISSION District 2 South Texas Building Partners 3817 S. Alameda, Ste. A Corpus Christi TX 361-299-5462 Yes Roland A. Gaona PLANNING COMMISSION District 3 Self-Employed (Keller Williams Coastal Bend)4518 Everhart Rd., Ste. 101 Corpus Christi TX 361-425-7131 Yes Craig C. Hebner PLANNING COMMISSION District 1 Horton Automatic 4242 Baldwin Blvd.Corpus Christi TX 361-866-6719 Yes Jason Page PLANNING COMMISSION District 4 Self Employed 715 S. Tancahua Corpus Christi TX 361-589-9050 Yes Christopher J. Rabe PLANNING COMMISSION District 1 Texas A&M University-Kingsville 700 University Blvd.Kingsville TX 361-593-2860 Yes Gordon R. Robinson PLANNING COMMISSION District 4 Corpus Christi Regional Transportation Authority 602 N. Staples St.Corpus Christi TX 361-903-3483 Yes Morgan Spear PLANNING COMMISSION District 4 Morgan Spear Associates 225 S. Carancahua Corpus Christi TX 361-883-5588 Yes Diana Summers PLANNING COMMISSION District 4 Hogan Homes 400 Mann St.Corpus Christi TX 512-994-8786 Yes Kamran Zarghouni PLANNING COMMISSION District 5 KM Premier Real Estate 7002 S. Staples, Ste. 104 Corpus Christi TX 361-991-5263 Yes *Currently serves as a City appointee on another board, commission, committee or corporation, but will resign if appointed. Submit Date: Mar 14, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Martin L.Evans 50 Freedom Investment Counsel LLC Owner 101 North Shoreline Blvd, STE 560 Martin L. Evans Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary 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 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 Corpus Christi TX 78401 Marty@Freedom-ic.com Martin L. Evans Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? Demographics Ethnicity Unknown Gender 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. I Agree City_Board_Resume.doc Martin L. Evans 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? * 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) Yes No Martin L. Evans Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? Yes 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? Yes No 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 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 Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P & L analysis EXPERINCE: May 2009 – Present Registered Principle/Owner – Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor & Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning, investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility $30,000,000+. Trailing 12 month production $215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive, Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio, TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief, Fifth U.S. Army, Ft. Sam Houston, TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S. Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S. Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 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 NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data base Investment Management Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: 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. Submit Date: Mar 14, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 2 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Matthew C Ezell 11 years South Texas Building Partners President 3817 S Alameda, Ste A Matthew C Ezell Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, I am currently chairman of the Building Standards Board, in the third year of my three year term. Education, Professional and/or Community Activity (Present) I attained my undergraduate degree at Texas A&M University in College Station in 2005 (bachelor of science in economics) and my masters degree at Texas A&M University - Corpus Christi in 2010 (master of business administration). I was employed by a Corpus Christi-based general contractor from 2005 to July 2012, when I left to start my own general contracting firm South Texas Building Partners. Community Activity has been a big part of my life, especially since moving to Corpus Christi. I have enjoyed serving on and chairing the Building Standards Board. I have also served as president of the South Texas Chapter of the AGC, vice president of the Nueces County A&M Club (Aggie alumni group), and co-chairman of Corpus Christi Cattle Baron's Ball. I am a graduate of Leadership Corpus Christi class 39, and have been active in participating and supporting numerous other causes. Corpus Christi TX 78411 3612995462 mce@stbp.com Matthew C Ezell Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. I Agree resume_2016-04-05.pdf Matthew C Ezell 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 1 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. 1 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. IJ 1 Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Matthew C Ezell Matthew Christopher Ezell Experience July 2012- STBP, Inc. dba South Texas Building Partners Corpus Christi, Texas Present President  Build business from concept through business plan, funding, and into operations  Strategic planning  Communication of and direction toward pursuit of mission/vision  Remove obstacles to the success of our partners  Lead all business operations June 2005- Ewing Construction Co., Inc. Corpus Christi, Texas July 2012 Assistant Project Manager, Project Manager, Project Executive, Corporate Secretary/Treasurer  Balance all aspects of over 1,350,000 sq ft of remodel work and over 550,000 sq ft of new construction/renovation in the retail, educational, government, office, and light industrial sectors totaling more than $85 million of work in place Activities/Affiliations  Associated General Contractors - South Texas Chapter, Board Member and 2016 President  City of Corpus Christi Building Standards Board, Member/Chairman  American Institute of Constructors, Member/CPC (Certified Professional Constructor)  US Green Building Council - Texas Gulf Coast Chapter - Coastal Bend Branch, Member/LEED Green Associate  Design-Build Institute of America, Member/Assoc. DBIA  The Episcopal Church of the Good Shepherd, Member  Cattle Baron’s Ball Corpus Christi, Committee Member and 2015 Co-Chairman  Cattle Baron’s Ball Advisory Committee (comprised of past chairs), Member  Leadership Corpus Christi Alumni Association, Member  Alumni Association of Texas A&M University - Corpus Christi, Member  The Association of Former Students of Texas A&M University, Member  Nueces County A&M Club, Member, Past Vice President of Finance/Fishing Tournament Chair/Trustee  Friends of Corpus Christi Public Libraries, Member  Coastal Conservation Association, Member  Ducks Unlimited, Member Certifications/Accreditations  MBA  Assoc. DBIA  CPC  LEED Green Associate  CPR/AED/First Aid  OSHA 10 Hour  Basic Orientation Plus Education Texas A&M University College Station, Texas Bachelor of Science in Economics, Minor in Business Administration, May 2005 Texas A&M University - Corpus Christi Corpus Christi, Texas Master of Business Administration, August 2010 Training, References, and Project Experience Available upon request Training USGBC Energy Efficiency for Existing Buildings, April 2016 American Heart Association CPR/AED/First Aid, Corpus Christi TX, April 2016 AGC Competing on Business Analytics, March 2016 AGC Construction Contract Claims: Lessons Learned from the Battlefield, March 2016 AGC Lean Construction for Executives, March 2016 USGBC Principles of LEED (EB: O+M): Materials and Resources, May 2014 USGBC Principles of LEED (BD+C and ID+C): LEED Implementation, May 2014 USGBC Integrative Process: Closing the Gaps, May 2014 Basic Orientation Plus, Corpus Christi TX, May 2014 American Heart Association CPR/AED/First Aid, Corpus Christi TX, March 2014 LEED 201: LEED Core Concepts & Strategies, May 2012 OSHA 10 Hour Construction Industry Outreach, Corpus Christi TX, March 2012 Leadership Corpus Christi Class 39, Corpus Christi TX, August 2010 through May 2011 FMI Leadership Institute, Florissant CO, May 2011 American Red Cross CPR/AED/First Aid, Corpus Christi TX, February 2011 IMS Advanced Project Management in Primavera P6, Houston TX, October 2010 IMS Project Management in Primavera P6, Houston TX, September 2010 USACE Construction Quality Management for Contractors, Corpus Christi TX, July 2009 DBIA Designated Design-Build Professional Boot Camp, San Luis Obispo CA, September 2008 Dale Carnegie Course, Corpus Christi TX, December 2007 FMI Young Managers Institute, Raleigh NC, November 2007 FMI Project Manager Academy, Raleigh NC, December 2006 Work References Mark Luddeke, Principle, Luddeke Architectural Design Group, 361-249-3681 William McCord, Principle, WKMC Architects, 361-887-6696 Will Klatt, President, Ambrose Construction, 361-299-6262 Terry Allison, President, Allison Flooring America, 361-855-4781 Vicki George, CFO, London ISD, 361-855-0092 Michael Owens, Regional Manager, CCC Group, Inc., 361-289-5155 Personal References Brett Blanchard, 713-444-3781 Chet Freeman, 361-549-8522 Kathy Killebrew, 361-991-3146 Project Experience – Ewing Construction Co., Inc. Firm Role Project Location Contract Value ECCI Asst. Proj. Mgr. Sears Grand Austin TX $ 9,339,720 ECCI Proj. Mgr. Wal-Mart #249 Remodel Cleveland TX $ 698,567 ECCI Proj. Mgr. Wal-Mart #228 Remodel Cleburne TX $ 1,215,067 ECCI Proj. Mgr. Wal-Mart #3224 Remodel Garland TX $ 772,769 ECCI Proj. Mgr. Wal-Mart #3213 Remodel The Woodlands TX $ 920,183 ECCI Proj. Mgr. Wal-Mart #2649 Remodel Irving TX $ 1,172,901 ECCI Proj. Mgr. Randall’s #1066 Remodel Houston TX $ 1,472,079 ECCI Proj. Mgr. CVS Pharmacy #7471 Corpus Christi TX $ 2,225,754 ECCI Proj. Mgr. Sam’s Club #8248 Special Project Dallas TX $ 102,036 ECCI Proj. Mgr. Wal-Mart #2864 Remodel San Antonio TX $ 1,439,505 ECCI Proj. Mgr. Wal-Mart #5165 Restroom Remodel Alamo TX $ 222,877 ECCI Proj. Mgr. Wal-Mart #1175 Restroom Remodel Flagstaff AZ $ 222,917 ECCI Proj. Mgr. Popeyes Chicken & Biscuits Corpus Christi TX $ 700,362 ECCI Proj. Mgr. Stripes #2101 Corpus Christi TX $ 1,020,584 ECCI Proj. Mgr. Cavender’s Boot City Corpus Christi TX $ 427,282 ECCI Proj. Mgr. Cavender’s Western Outfitter McAllen TX $ 1,194,796 ECCI Proj. Mgr. Plaza 410 Renovation South Padre Island TX $ 82,748 ECCI Proj. Mgr. Texas Champion Bank Headquarters Corpus Christi TX $ 7,341,930 ECCI Proj. Mgr. London ISD Middle School Addition Corpus Christi TX $ 5,304,410 ECCI Proj. Mgr. Tuloso-Midway ISD Tennis Courts Corpus Christi TX $ 2,361,004 ECCI Proj. Mgr. Tuloso-Midway High School Addition Corpus Christi TX $ 4,693,314 ECCI Proj. Mgr. Tuloso-Midway Middle School Corpus Christi TX $ 6,935,795 ECCI Proj. Mgr. Del Mar College Fine Arts PCS Corpus Christi TX $ 37,500 ECCI Proj. Mgr. CCISD Zavala Elementary School Corpus Christi TX $12,721,947 ECCI Proj. Mgr. SNAP Reichhold Chemie Hausen, Switzerland $ 3,440,200 ECCI Proj. Exec. Texas A&M-CC Tennis Center Corpus Christi TX $ 2,523,761 ECCI Asst. Proj. Mgr. NAVFAC - CCAD Rotor Blade Facility Corpus Christi TX $10,325,000 ECCI Proj. Exec. Coastal Drilling Additions Corpus Christi TX $ 521,933 ECCI Proj. Exec. Texas Workforce Commission Fence Corpus Christi TX $ 67,619 ECCI Proj. Exec. Texas Champion Bank Drive-thru ATM Corpus Christi TX $ 37,226 ECCI Proj. Exec. Wings n’ More Corpus Christi TX $ 1,410,331 ECCI Proj. Exec. Jim Hogg County Street Improvements Hebbronville TX $ 259,660 ECCI Proj. Exec. Ashley Furniture Home Store Corpus Christi TX $ 833,476 ECCI Asst. Proj. Mgr. TPCO America - Pipe Finishing Facility Gregory TX $28,000,000 Project Experience – STBP, Inc. dba South Texas Building Partners See attached Submit Date: Oct 13, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 3 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Roland A Gaona 57 years Self-employed (Keller Williams Coastal Bend)REALTOR® 4518 Everhart Rd., Ste. 101 Roland A Gaona Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PLANNING COMMISSION: 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) 38 years as a residential and commercial REALTOR®, Member of the Corpus Christi Assoc. of REALTORS® Texas Real Estate Political Action Committee, member of the Corpus Christi Assoc. of REALTORS® Governmental Affairs Committee, Founder of the LULAC #1 Foundation inc. Founder of The Tejano Civil Rights Museum & Cultural Resource Center, Member of the Board of Directors of Bailando Dance Festival Why are you interested in serving on a City board, commission or committee? Because I believe that it is important to give back to the community in areas of expertise and knowledge. Corpus Christi Texas 78411 361.425.7131 ragaona61@gmail.com Roland A Gaona Page 2 of 6 Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Other Gender 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. 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 Roland A Gaona 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Roland A Gaona 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer Yes to any of the questions above. Board-specific questions (if applicable) Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? Yes No Roland A Gaona 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. Roland A Gaona Page 6 of 6 Submit Date: May 16, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Craig C Hebner 37 Horton Automatic Customer Care/ Parts Manager 4242 Baldwin Blvd Craig C Hebner Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Corpus Christi Texas 78405 3618666719 Craig_Hebner@Overheaddoor.com Craig C Hebner Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Demographics Ethnicity Caucasian/Non-Hispanic Gender 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. I Agree Craig_Resume_5-1-16_2_.docx Craig C Hebner Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? Yes No Craig C Hebner Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? Yes No Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Residential Customer and Home Owner of City's Water System Craig C Hebner Craig C. Hebner Highlights ·Work tasks have required a high level of multitasking and organization ·Previous and current positions have enabled me to gain experience in leadership and training ·Extremely adaptable to changing environments and highly productive in fast pace environments ·Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015 – Current Construction Manager Construction Manager ·Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines ·Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites ·Inspect and review projects to monitor compliance with building, safety, and other dictating codes ·Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors ·Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer ·Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications ·Direct and supervise 5 direct staff members and 500-600 contractors ·Study job specifications to determine appropriate construction methods ·Requisition $200k to $500k of supplies and materials to complete construction projects ·Prepare and submit budget estimates and progress / cost tracking reports ·Develop and implement quality control programs ·Take actions to deal with the results of delays, bad weather, or emergencies at construction sites ·Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. · Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems ·Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out ·Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 – January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: ·Lead job site engineer assigned to manage logistics and personnel on various job sites ·Evaluate Erection & Site Plans to determine proper personnel, job site equipment, and materials needed ·Prior to arrival on job site, prepare and coordinate safety training and procedures required by customers and governmental agencies ·Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations ·Prior to any rigging of equipment, survey area for any hazards or obstacles ·Oversee erection of equipment and preparation of all materials according to site and project plans ·Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) ·During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis ·Conducts debriefing meeting to evaluate personnel, material, and equipment performance ·Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature ·Test/develop new techniques for broadening variety of well demands Supervisor of Training ·Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations ·Certify junior personnel to become engineers ·As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting ·Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX ·Lead job site engineer assigned to manage logistics and personnel ·Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature ·Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations ·As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting ·Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX ·Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature ·Running and maintaining chemical and mud mixing plants ·Manage dilution of chemicals and track inventories of both liquid and dry chemicals ·Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX ·Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves ·Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges ·Maintain hydraulic accumulators, compressors, and generators ·Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA ·Lead and direct fire missions in support of ground troops ·Provide intelligence of targets, casualty estimations ·Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request Submit Date: Mar 14, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Jason Page 32 Self Employed Owner / Principal 715 S Tancahua Jason Page Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? Corpus Christi TX 78401 3615899050 jasondavidpage@gmail.com Jason_Page_Resume.pdf Jason Page 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Jason Page JASON PAGE FREELANCE PHOTOGRAPHER 03 / 2010 - Present HOEGEMEYER'S BARBEQUE BARN 01 / 2013 - Present SOUTHERN TECHNICAL CONTROL 03 / 2012 - Present SOUTHERN TECHNICAL CONTROL 10 / 2008 - 03 / 2010 NUECES STONE QUARRY 10 / 2006 - 01 / 2008 JASON PAGE SUMMARY Freelance photographer with experience in digital and film, as well as medium format photography. Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity & Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE Owner, Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively, while reducing the initial listing workload. Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals. Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. Inventory & Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management - I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management - I have worked with the management to implement a series of methods for tracking production, both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel, billed parts used on various projects as well as estimated parts to be used on projects. Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 RICHARD KING HIGH SCHOOL 1998 - 2002 OFFSHORE WATER SURVIVAL HUET 02 / 2014 SAFELANDUSA 02 / 2014 SAFEGULF 02 / 2014 TWIC 12 / 2015 - 12 / 2020 THE BEND M AGAZINE 06 / 2014 THE ONE BRIDE GUIDE 06 / 2014 EDUCATION None , GIS / Geomatics GIS / Geomatics Club Research Assistant on Aerial Imaging System High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO / CCNA Training HONORS Eagle Scout Award CERTIFICATIONS Falck Safety Services (US) PEC Safety · License: PEC100474939 PEC Safety · License: PEC100474939 Transportation Security Administration (TSA) LANGUAGES German English PUBLICATIONS Gemstone Media, LLC / Jordan Regas · Authors: Jason Page · http://issuu.com/thebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our family's barbeque place AND get to photograph him with his dad? I said yes immediately! We photographed Roger and his dad enjoying an ice cold beer and having a good ol' time. Then we got a few posed and natural / candid shots of the two of them against some 200 year old doors and a 60 year old hut with the Texas flag painted on the side. McCleod Creative · Auth ors: Jason Page · http://www.theonebrideguide.com /magazine/Vol7_Issue2/Th eOne_Vol7Issue2_Final_web.pdf ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 10 / 2012 SOUTH TEXAS WEDDINGS MAGAZINE 07 / 2011 I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color". I wanted to literally bring that pop to the cover by including brightly colored, 24" balloons. Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. Self Published · Authors: Jason Page · http://photos.jasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design & Layout by Jason Page, Makeup & Hairstyling by Ashle Riff, Lead Model Amanda Ramirez (aka Mandi Mayhem). Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. STWM - July 2011 · Authors: Jason Page, Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. Submit Date: Jun 08, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Christopher J Rabe 0 years, 3 months Texas A&M University-Kingsville Instructor 700 University Blvd Christopher J Rabe Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not applicable Education, Professional and/or Community Activity (Present) Delta Chi Fraternity, Academic Advisor Tennis Club, Academic Advisor Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City Board because I believe I would like to serve at the civic level in the city I reside in. In addition, my academic and professional background is in industrial engineering and I believe that I could benefit serving the city board. Kingsville Texas 78363 3615932860 christopher.rabe@tamuk.edu Resume_CJR.pdf Christopher J Rabe 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Christopher J Rabe CHRISTOPHER JUSTIN RABE PERSONAL SKILLS Safety Auditing, Industrial Hygiene, Environmental Compliance, Invoicing, Chemicals, DOT Compliance, Quality Control/Assurance, JSA and Permit writing, Monitor Exposure Limits, Risk Management, Company Presentations, Government Regulation Compliance. EDUCATION Master of Science, Major: Industrial Engineering (Major GPA: 3.6) Texas A&M University-Kingsville Graduated Date: December 11, 2015 Bachelor of Science, Major: Industrial Management and Technology Engineering; Minor: Business Administration (Major GPA: 3.4) Texas A&M University-Kingsville Graduated Date: December 14, 2012 PROFESSIONAL EXPERIENCE Jacobs Engineering (Celanese plant), Bishop, Texas Oct, 2014-Present Health & Safety Specialist . Developed and Implementing Safety Employee Management Tracker (EMT) Training, Employee profile, and Accident Investigations Database for all of Brock/ Jacobs Celanese sites Bishop, TX . PSM experience and developing and updating SOP’s . Safety oversight on Ibuprofen (cGMP) warehouse practices packaging and transportation (DOT) . Safety oversight on Formaldehyde warehouse practices packaging and transportation (DOT) . Safety oversight on manufacturing raw plastic pellets Special and Natural . In charge of Safety Committee Audits and Review . Inspection on Safe work permits . Job audits done on a daily basis . Conducted QC/QA Investigations on a number of maintenance projects . Conducted tool box safety meetings in the field . Follow Brock and Jacobs policies along with Celanese standards . Supervise Welders, Boiler Makers, Pipe Fitters, Scaffold Builders and Insulators on a day to day Basis on Safety regulations. . On site safety for turnarounds work being done in plant . Conducted risk assessments to manager injury prevention . Collects and analyzes HSE data specific to projects group. . Delivers safety meetings weekly to professional services organization . Provides general HSE guidance to project group relating to process safety, construction safety specific to each locatio n . Responsible for incident reporting and case management for each location . Safety Evaluation Report for Daily safety audits . Responsible for representing Jacobs Safety in "Planning, Health, Safety, Security, Environmental, Right" (PHSSER) meetings with client focusing on constructability and risk assessment . Responsible for creating HAPs (Hazard Assessment Plans) . Responsible for collection, review and corrective actions of all Safety Observations turned in from professional services organization . Collects and documents industrial hygiene information: (monitoring data, targeted IH monitoring, vent plans Environmental Evolutions National, Robstown, Texas June 2014-Oct 2014 Environmental Health & Safety Engineering Specialist . Operated ISNetworld Compliance, Veriforce, and PICS Auditing for New and existing customer score cards . Operate and update OSHA 300 logs. . DOT Auditing to insure Company compliance . Conducted QC/QA on Frack tanks and DOT trucks . Environmental Compliance and Auditing to meet TCEQ and EPA regulations . Facilitated operational compliance with EEN standards, policies, along with OSHA, TCEQ, EPA, ANSI regulations . Conducted tool box safety meetings in the field and yard . Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations . Coordinated environmental waste management excavation for hazardous materials clean-up and facilitated . Roll-off Box wash out along with disposal of waste. . Conducted continuous air monitoring quality checks with four gas meter H2S, LEL, O₂, CO . Acid Frack tank clean out of confined space on a daily basis. . Industrial Hygiene monitoring using ULTRA RAY 3000 meter for (Benzene) . Supervised and audited EEN crews. ∙ implemented the utilization of work permits and Job Safety Analysis (JSA) ∙ Systematized audits on work permits and job safety analysis for the EEN District ∙ Conducted risk assessments to manager injury prevention. . Investigated Accidents involving personal injury and vehicle collision . Developed and Executed Monthly Environmental, Health and Safety presentations to provide continuing education to EEN employees Schlumberger, Alice, Texas March 2013-May 2014 Health Safety & Environmental Specialist . Facilitated operational compliance with Schlumberger standards, policies, and OSHA regulations . Investigated Site and DOT accidents . Conducted QC/QA Investigations on Iron and Chemicals . DOT Auditing to insure Company compliance . Conducted Noise Conservation Exposure to meet OSHA and ANSI regulations . Coordinated environmental waste management excavation for hazardous materials clean-up . Supervised and audited Schlumberger crews on multiple frack and Cement locations . Supervised District Bulk Plant, Shop, & Maintenance to ensure that safety procedures were followed and PPE was being utilized correctly ∙ implemented the utilization of work permits and job safety analysis (JSA) ∙ Systematized audits for work permits and job safety analysis for the Alice Schlumberger District ∙ Conducted risk, health, safety, and environmental presentations to provide continuing education to Schlumberger employees on a regular basis ∙ Generated investigation reports with various company representatives (BHP Billiton, Marathon, & Conoco Phillips) to mitigate future accidents Field Financial Administrator ∙ Maintained inventory for field operations, including: Fracturing chemicals, PPE, chemical shipping papers, operational parts, etc. ∙ Coordinated field logistical support ordering Equipment as needed . Conducted QC/QA to make sure product was performing to operational standards . Invoicing for each Fracturing stage that was done on site for customer; each fracturing stage was invoiced over $100,000 dollars 12 stages ∙ Audited field chemicals to ensure quotes were accurate for cost efficiency for the company ∙ Collaborated with Field Engineers, Field Supervisors, and various Company Representatives for field operation effectiveness a nd efficiency ∙ Conducted Quality Control/Quality Assurance for field operations inventory including Equipment and chemicals Texas A&M University-Kingsville, Texas Student . Master of Science, Major: Industrial Engineering Texas A&M University-Kingsville, Texas Student . Bachelor of Science, Major: Industrial Management and Technology . Industrial Field Safety Certification . Oil Field Certification ORGANIZATION . Junior Achievement Organization of South Texas-2016 CERTIFICATIONS (OSHA) General Industry 30 hour Oil Field Service Certificate PEC Basic Safety Awareness Orientation Field Safety Certificate TWIC Card Adult First Aid/CPR/AED (American Red Cross) current H2S certified HONORS AND AWARDS · Dean’s List, Texas A&M University-Kingsville, Spring 2012 · Society of Manufacturing Engineers, Vice President 2011-2012 COMPUTER & NETWORK SKILLS Computer Skills: Windows XP, Access Database, Microsoft Office Suite, CAD/CAM, SolidWorks Network Skills: ISNetworld Compliance, Veriforce Compliance, PICS Auditing Submit Date: Oct 24, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Gordon R Robinson 4 Corpus Christi Regional Transportation Authority Director of Planning 602 N. Staples St. Gordon R Robinson Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted LANDMARK COMMISSION: Submitted PLANNING COMMISSION: Submitted MARINA ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on a City board, commission or committee. I do serve as a member of the Board of Directors with my homeowners association, Tropic Isles HOA, in Flour Bluff. Corpus Christi TX 78401 361-903-3483 grobinson@ccrta.org Gordon R Robinson Upload a Resume Please upload any additional supporting documents Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I enjoy living in Corpus Christi and serving the community as a CCRTA professional. I’ve talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I’ve confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on a committee are to increase family and youth activities, improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on a City of Corpus Christi Committee, I believe that I have the background and professional knowledge to make a positive impact for our community. Demographics Ethnicity Caucasian/Non-Hispanic Gordon_Robinson_Resume.pdf Gordon R Robinson Gender 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. 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 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. I Agree Gordon R Robinson Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. The CCRTA has an annual agreement with the City of Corpus Christi for street maintenance funds. Gordon R Robinson Board-specific questions (if applicable) Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Question applies to ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * None of the above Gordon R Robinson   Gordon Robinson, PMP SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013-Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas.  Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets.  Effectively manage an annual budget of approximately $425,000 and department staff.  Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year.  Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients.  Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries.  Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc.  Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts.  Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling.  Support the completion of FTA Triennial and Federal Certification Reviews.  Conduct customer outreach to inform public and other stakeholders of service improvements and changes.  Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California.  Developed the Planning Department’s annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes.  Directed and managed the Agency’s planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts.  Served as Project Manager for the 10-year RTA Forward Transit Plan to develop service improvements.  Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL.  Served as Project Manager for a scheduling services three year contract totaling approximately $536,000.  Developed and submitted state and federal grant applications.  Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. Gordon Robinson Page 2  07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California.  Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the “Transit System Study”, with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors.  Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA’s Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans.  Developed a 20-year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design.  Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL.  Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California.  Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five-Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center.  Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed-flow BRT corridors in Orange County.  Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors.  Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues.  Researched fare collection methods and travel time delays to reduce anticipated dwell times.  Led grant application efforts to obtain funding to implement traffic signal synchronization.  Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program.  Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California.  Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics.  Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements.  Conducted analysis using GIRO’s HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area.  Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. …continued… Gordon Robinson Page 3  07/2000-03/2002: Systems Manager, FORMA. Irvine, California.  Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters.  Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products.  Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California.  In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central-Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County.  Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County.  Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities.  Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS:  2017-18 Leadership Corpus Christi Class 46 Participant  2016-17 Texas Transit Leadership Initiative Graduate  Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops  Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV  2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA  Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee  Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute  Member of the Corpus Christi MPO Technical Advisory Committee  Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX  Competent Communicator Award with Toastmasters International  Member of the 2011-2012 OCTA Leadership Academy  Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program …continued… Submit Date: Dec 08, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Morgan Spear 56 MORGAN SPEAR ASSOCIATES PRESIDENT 225 S. CARANCAHUA Morgan Spear Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) CORPUS CHRISTI TX 78401 361-883-5588 Morgan Spear Page 2 of 6 Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? Demographics Ethnicity Caucasian/Non-Hispanic Gender None Selected 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. I Agree Morgan Spear Page 3 of 6 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. gi 1 Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W 1 Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Morgan Spear Page 4 of 6 Board-specific questions (if applicable) Morgan Spear Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes No 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 No Morgan Spear Page 6 of 6 Submit Date: Mar 14, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Diana Summers 4 HOGAN HOMES CHIEF FINANCIAL OFFICER 400 MANN ST. Diana Summers Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013-PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB CORPUS CHRISTI 78401 512-994-8786 Diana Summers Upload a Resume Please upload any additional supporting documents Why are you interested in serving on a City board, commission or committee? Demographics Ethnicity Caucasian/Non-Hispanic Gender None Selected 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. I Agree BROWN.pdf Diana Summers 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. p I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. fJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Diana Summers Diana Brown Acknowledged for strong analytical and problem solving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 1010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011-- 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of ,f ccounhing,1010 Study Abroad: University of South Carolina, Maytnester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations or The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHERJLEA DERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Col President(2008 -2009) Omicron 1 'hi Kappa Honors Society President (2009) Mortar Bnard Honors Society Treasurer (2008) Submit Date: Jul 10, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Kamran Zarghouni 14 KM PREMIER REAL ESTATE Broker / Owner 7002 s.staples ste104 Kamran Zarghouni Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: 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) Real Estate Broker Master in business administration Why are you interested in serving on a City board, commission or committee? Serving on a City board, commission or committee allows me the opportunity to serve my community proudly in area that i can offer insight and knowledge for the progress and further development of Corpus Christi. Corpus christi Tx 78413 3619915263 Kamranzarghouni@gmail.com Kamran Zarghouni Page 2 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Kamran Zarghouni Page 4 of 6 Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX Are you a resident of the Port Authority district and an elector* of Nueces County? Yes No 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. Kamran Zarghouni Page 5 of 6 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 No Kamran Zarghouni Page 6 of 6 Kamran Zarghouni, President and Founder of K&M Premier Real Estate, Inc., has more than 15 years of progressively responsible experience directing as many as 30 employees for K&M Premier Real Estate and successfully selling over 500 homes. Kamran holds a Bachelor of degree from Texas A&M – Corpus Christi University and a Master of Business Administration (MBA) degree Texas A&M Commerce. When Kamran arrived in the United States 14 years ago he became immediately determin ed to make an impact in his career choice and his community. Instilled with the notion that anyone can succeed regardless of life’s circumstances, Kamran has led K&M Premier Real Estate through start-up, survival, turnaround and growth modes. In an industry such as real estate where the changes in the market are ever evolving, Kamran is diligent and committed to his profession. As a passionate motivator with extensive industry knowledge, Kamran has championed his agents to strive to be the best in the real estate market. Not only are his interest in the success of his business but he also has a strong rooted interest in his community. Kamran and K&M Premier Real Estate participate in various community activities by donation and volunteering for programs such as American Cancer Association, The Ark, The American Heart Association and the Children’s Diabetes Association, CCPD Operation Safe Return, Coastal Bend Wellness Foundation, the Hope House of Corpus Christi and other local organizations and fundraisers . Recently, he was honored and accepted into the Corpus Christi Young Business Association's 2018 40 Under 40 Class. Kamran’s main passion has been to help children in need and it is because of this motivation that has made it his mission to continue building homes and business plazas in Corpus Christi, Texas, and the surrounding areas to ensure the growth of his community for a prosperous future for the next generation. He actively looks for new and innovative ways to continue to build and cultivate Corpus Christi to its fullest potential by designing new subdivisions and business venues to bring more commerce and families to the city. A dedicated leader, community activist, and a family man, Kamran is enthusiastic to see the future of this city grow by leaps and bounds. COMPOSITION The committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of nine (9) members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation of the City's Sister City Program. The steering committee shall be comprised of representatives of the following categories: Economic Development Sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher Education Institution; Advertising/Public Relations; Arts/Cultural; and two (2) At-Large. In addition, representatives from the following City departments shall serve as ex-officio, non- voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice- Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent, the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment, will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at-large. CREATION / AUTHORITY Section 2-150, Code of Ordinances. Ord. Nos. 10195, 14291, 18961, M86-0043 - 1/28/86; 19474 - 9/16/86; 19635 - 2/17/87; 21045 - 12/11/90; 021236 - 9/10/91; 023424 - 8-25-98; 029687 - 11-20-12; 030913 - 8/9/16. MEETS First meeting of newly appointed Sister City Committee members will be Monday, October 10, 2016 at 5:15 p.m. at the Corpus Christi Convention and Visitors Bureau Board Room, 101 N. Shoreline, Ste. 430. (New Meeting date and time to be determined at that meeting.) DETAILS City Of Corpus Christi SISTER CITY COMMITTEE BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. SISTER CITY COMMITTEE Page 1 of 2 TERM DETAILS Three-year terms. DEPARTMENT Corpus Christi Convention and Visitors Bureau COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION SISTER CITY COMMITTEE Page 2 of 2 Sister City Committee Members November 7, 2017 Five (5) vacancies with terms to 9/1/18, 9/1/19 and 9/1/20 representing the following categories: 1 - Arts/Cultural, 1 - At-Large, 1 - Economic Development Sector, 1 -Higher Education and 1 - United Corpus Christi Chamber of Commerce. Name Board Name Status District Term End Date Position Category Misaki Berrios SISTER CITY COMMITTEE Resigned District 4 1 09/01/17 Member Arts/Cultural Susane "Westi" Horn SISTER CITY COMMITTEE Met the six-year term limitation District 5 2 09/01/17 Member Higher Education David C. Loeb SISTER CITY COMMITTEE Not seeking reappointment District 2 1 09/01/17 Member At-Large Annette Medlin SISTER CITY COMMITTEE Resigned District 2 1 09/01/19 Member United Corpus Christi Chamber of Commerce Iain D. Vasey SISTER CITY COMMITTEE Resigned District 5 1 09/01/18 Member Economic Development Sector William G Pettus SISTER CITY COMMITTEE Active District 4 1 09/01/19 Member Advertising/Public Relations Heather Moretzsohn SISTER CITY COMMITTEE Active District 4 1 09/01/18 Chair At -Large Deven S. Bhakta SISTER CITY COMMITTEE Active District 5 1 09/01/18 Member Greater Corpus Christi Hospitality Association Barbara A. Canales SISTER CITY COMMITTEE Active District 4 1 09/01/19 Member Port Industries of Corpus Christi Corpus Christi International Airport Representative SISTER CITY COMMITTEE Active N/A N/A Ex-Officio, Non-voting Parks and Recreation Representative SISTER CITY COMMITTEE Active N/A N/A Ex-Officio, Non-voting Mayor's Office Representative SISTER CITY COMMITTEE Active N/A N/A Ex-Officio, Non-voting Sister City Committee Applicants November 7, 2017 Name Boards Applying For District Employer Work Address City St.Work Phone Category Manuel G. Chapa, Jr.SISTER CITY COMMITTEE District 1 Retired Military At-Large and Arts/Cultural Melody H. Cooper SISTER CITY COMMITTEE District 4 Melody Cooper Attorney at Law 3765 S. Alameda, Suite 322 Corpus Christi TX 361-334-1788 At-Large, Arts/Cultural and Economic Development Sector Nina M. Feggins SISTER CITY COMMITTEE District 4 At-Large and Arts/Cultural Almira Flores SISTER CITY COMMITTEE District 4 Retired 600 Elizabeth St.Corpus Christi TX At-Large and Arts/Cultural Susana Martinez SISTER CITY COMMITTEE District 5 Del Mar College - Small Business Development Center 3209 S. Staples Corpus Christi TX 361-698-2118 At-Large, Arts/Cultural, Economic Development Sector and Higher Education Institution Cleofas Rodriguez, Jr.SISTER CITY COMMITTEE District 4 United Corpus Christi Chamber of Commerce 601 North Staples, Suite 150 Corpus Christi TX 361-881-1800 Corpus Christi Chamber of Commerce Alan Thornburg SISTER CITY COMMITTEE District 2 Self-Employed At-Large and Arts/Cultural Submit Date: Sep 08, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 1 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Manuel G Chapa Jr 16 yrs Retired Military Manuel G Chapa Jr Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address None Selected Which Boards would you like to apply for? SISTER CITY 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) Volunteer Percussion Instructor, Roy Miller HS. 10yrs Why are you interested in serving on a City board, commission or committee? chapamanuel@ymail.com Manuel G Chapa Jr Demographics Ethnicity 17 Hispanic Gender p 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. I1 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 Manuel G Chapa Jr 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Manuel G Chapa Jr Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Arts/Cultural Manuel G Chapa Jr Submit Date: Aug 05, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Melody H.Cooper One month. Melody Cooper Attorney at Law Attorney 3765 S. Alameda Suite 322 Melody H. Cooper Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Work Address Which Boards would you like to apply for? SISTER CITY 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) I served as a member of the Corpus Christi City Council for 14 years, from 1993 to 2001 and from 2003 to 2009. I served on the Sister City Committee from 2000 to 2003 and from 2009 to 2013. I have also been a member of serval other boards and commissions, and other community organizations as noted on my resume, attached. Why are you interested in serving on a City board, commission or committee? I thoroughly enjoyed working with the Sister City Program both as a member and a member of the City Council in the past. I developed strong relationships with our Sister City Counterparts in other countries which I maintain to this day. I believe it is an extremely important program for our young people to interact with those of our Sister Cities and develops a strong awareness of our common goals and challenges. Corpus Christi Texas 78411 361-334-1788 melody@melodycooperlaw.com Melody H. Cooper 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Melody H. Cooper Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Economic Development Sector Arts/Cultural Melody H. Cooper CURRICULUM VITAE OF MELODY COOPER Attorney at Law Licensed to practice law in the State of Texas Contact Information: Education: Graduated Del Mar College, Corpus Christi, Texas, summa cum laude, A.A., 1981, Majored in Music Attended the University of Texas, Austin, 1981-1982, Music Major Graduated Texas A and M Corpus Christi, Texas with highest honors, with B.A. in Political Science, 1983, Graduated with law degree from the University of Texas School of Law, December, 1986. 1987-Present Licensed to practice law in the State of Texas 1993-Present Solo Practice, Attorney  Very large, busy solo practice in Corpus Christi, Texas. Practiced before Nueces County District and County Courts, as well as District and County Courts throughout the State of Texas. Employed and supervised up to 10 paralegals and support staff. Areas of law practiced included real estate, civil litigation, probate and estates and family law. Extensive research on legal issues, drafted numerous estate documents, pleadings, and trial and appellate briefs. Engaged in litigation, including jury trials. Argued before several Courts of Appeal in the State of Texas. Engaged in mediation and alternative dispute resolution in numerous cases. August, 2013-August, 2017-Attorney and Title Specialist, Contract Land Staff, Austin, Texas, and Minot, North Dakota 1992-1993 Assistant Nueces County Attorney, Civil Section  Represented Nueces County in civil litigation, extensive research on legal issues, drafted pleadings, and trial and appellate briefs, and engaged in civil litigation before the Nueces County District Courts and the 13th Court of Appeals, Corpus Christi Division 1989-1993 Associate Attorney Sorrell, Anderson, Attorneys at Law, Corpus Christi, Texas,1990-1993. Wood and Burney, Attorneys at Law, Corpus Christi, Texas,1988-1989. Stutzman and Bromberg, Attorneys at Law, Dallas, Texas, 1987-1989. Engaged in legal research, drafting pleadings, real estate and estate documents, trial and appellate briefs, and in civil litigation, including jury trials, and argued before various Texas Courts of Appeal. 2003-2009 At -Large Representative, Corpus Christi City Council 1999-2001 At -Large Representative, Corpus Christi City Council 1993-1999 Representative, District Five, Corpus Christi City Council City Council Committees: Chair, Mayor’s Task Force on Youth Violence-1996-2000 Municipal Court Committee-1999-2000 Municipal Court Committee-2003-2007 Other City Committees: Sister City Committee-2001-2003 Sister City Committee-2009-2013 Health Facilities Advisory Committee-1991-1993 Food Service Advisory Committee-1992-1993 Mayor’s Teen Task Force-1991-1994 Other Community Involvement in Corpus Christi, Texas: Corpus Christi Chamber of Commerce League of Women Voters Hispanic Chamber of Commerce Corpus Christi Municipal Band, (1977-2011) Class XXI, Leadership, Corpus Christi West Rotary Club Southside Rotary Club Symphony Guild Board of Directors of the following organizations in Corpus Christi, Texas: League of Women Voters Y.W.C.A. R.L. Moore Daycare Center Greenwood-Molina Day Care Center Civitan Bethune Day Center Submit Date: Aug 22, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Nina M Feggins 2 months Currently Unemployed Nina M Feggins Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? SISTER CITY 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) University of Florida- Masters of Science in Entrepreneurship (2013) Howard University- Bachelor of Art in Fashion Merchandising (2008) Why are you interested in serving on a City board, commission or committee? msncrowelle@yahoo.com Nina_F.docx Nina M Feggins 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Nina M Feggins Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Arts/Cultural Nina M Feggins Nina Feggins EDUCATION UNIVERSITY OF FLORIDA ·Master of Science in Entrepreneurship, December 2013 HOWARD UNIVERSITY ·Bachelor of Art, December 2008 WORK EXPERIENCE RSR GROUP Purchasing Coordinator- 2015-2016 ·Entered and placed purchase orders for stocking inventory, dealer programs, special orders, warehouse supplies and office supplies for all locations. ·Maintained Vendor relationships involving inquiries about pricing, case quantity, and resolving ordering issues. ·Updated inventory maintenance files by entering correct product information into the internal database. ·Researched product discrepancies and informed the Buyers of any changes. ·Verified compliance with vendors’ non-authorized retailer lists and notified customers of their ability to correct company violations. WALGREENS Assistant Store Manager Trainee- 2014 to 2015 ·Monitored proper staffing levels for each assigned shift by reviewing the schedule, calling team members, and adjusting hours based on requests/staffing needs. ·Set up and hosted “senior day” informational events to promote wellness services offered at our facility. ·Utilized data monitoring tools to analyze sales trends and order products to keep shelves stocked. ·Ensured accurate on hand counts by counting vendor merchandise and matching invoices. Also implemented a system for team members to track loss, damaged, and stolen items to receive credit from vendors. ·Increased cosmetic sales, in a one month period, by 48% over last year by producing creative signage, re-merchandising cosmetic items and promoting staff collaboration. GATOR 1 CENTRAL, UNIVERSITY OF FLORIDA Student Worker- 2013 ·Conducted daily informational presentations introducing over 3,000 incoming freshman to the services offered by the university. ·Assisted students and staff with retrieving, renewing, or obtaining a new student ID including taking photos and using the POS system to receive payments. ·Promoted sales of the gator 1 card and made recommendations for dining, bookstore, and financial services. BABIES R US Department Supervisor - 2010 to 2011 ·Provided guest service by achieving weekly incentive goals and stayed within the top percentile in the district. ·Trained and evaluated all cashiers on front end tasks including registers, baby registry operations, online store order systems, restocking the sales floor, and distributing sales information. ·Reduced store shrink by implementing and enforcing store return and exchange policies. SIX FLAGS AMERICA Retail Supervisor - 2008 ·Conducted interviews for seasonal retail positions and used performance reviews to evaluate team members’ progress throughout the park season. ·Transformed an underperforming store into a thriving revenue location by reallocating on hand merchandise and inventory from the warehouse, therefore doubling the amount of sales made in that location. ·Constructed a timeline and full description of closing procedures for the end of the year inventory in all retail locations. ·Overseen the set-up, counting, and selling of special events merchandise. ADDITIONAL SKILLS/ INVOLVEMENTS ·Proficient in Microsoft Office Suite and 10 key pad. ·Orange County Regional History Center, Volunteer (2015) ·MSE Ethics Fellow, UF Warrington College of Business (2012-2013) Submit Date: Sep 08, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Almira Flores 42 retired Radiology Tech 600 Elizabeth St Almira Flores Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time Education, Professional and/or Community Activity (Present) Retired Radiology Technologist. Member and Past chair of Hispanic Women's Network of Texas, currently Culture Chair. Volunteer with Mission of Mercy and American Heart Association. member of Instituto de Hispanica Cultura Why are you interested in serving on a City board, commission or committee? I have always been involved in volunteer work and have served on other boards. I have a passion for all kinds of culture and art. I have visited several different countries experiencing different cultures. Since being retired, I have time to volunteer Corpus Christi Tx almiraflores@msn.com Almira Flores Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Almira Flores 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Almira Flores 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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 SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Arts/Cultural Almira Flores Submit Date: Oct 26, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 5 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Susana Martinez 14 years DMC - Small Business Development Center Outreach Micro Enterprise Business Advisor 3209 S Staples Susana Martinez Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Instituto de Cultura Hispanica de Corpus Christi Corpus Christi Literacy Council Education, Professional and/or Community Activity (Present) Degree, Del Mar College, Corpus Christi, TX August 2009 Accounting Technician Certificate, Del Mar College, Corpus Christi, TX August 2007 Management for Changing Times Diploma, Manizales University, Colombia October 2002 Top Management, Diploma, Manizales University, Colombia, October 2001 SABRE Air Travel Software, Sabre, Miami-Florida. May 1995 Travel Agency Operation, Mid-Florida Technical Institute Orlando, FL October 1992 Why are you interested in serving on a City board, commission or committee? I am eager to join this Board because I believe it will be a great opportunity to share my knowledge and experience with small business and our community. I am happy not only to give back by sharing my expertise, but also because I feel this will help me to gain new skills. Corpus Christi TX 78411 361-698-2118 smartine57@delmar.edu Susana Martinez Page 2 of 6 Upload a Resume Please upload any additional supporting documents Demographics Ethnicity Hispanic Gender 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. 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 Resume_SM_9-18-2017.docx Susana Martinez 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Susana Martinez 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No Board-specific questions (if applicable) Susana Martinez Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Economic Development Sector Higher Education Institution Arts/Cultural Susana Martinez Page 6 of 6 S U S A N A M A R T I N E Z Education Accounting Associate Degree, Del Mar College, Corpus Christi, TX August 2009 Accounting Technician Certificate, Del Mar College, Corpus Christi, TX August 2007 Management for Changing Times Diploma, Manizales University, Colombia October 2000 Top Management, Diploma, Manizales University, Colombia, October 1999 SABRE Air Travel Software, Sabre, Miami-Florida. May 1995 Travel Agency Operation, Mid-Florida Technical Institute Orlando, FL October 1992 Summary  Finance: Strong background and experience  Office and sales management: Effective supervisor, manager and sales developer  Customer Service: Excellent interpersonal skills, works well with public and customers  Computer skills: MS Word, Excel, Access, PowerPoint, Q-books and Gifts Works. Experience Small Business Development Center – DMC - Corpus Christi, TX March, 2014 – Present Outreach Micro Enterprise Business Advisor  Provide counseling and technical assistance to help entrepreneurs with the development and management of their business  Introducing the SBDC program to entities in the Texas Coastal Bend area  Conduct initial business counseling sessions and recruits clients  Engage in business visits to stakeholders to introduce the SBDC program in the Texas Coastal Bend area  Post clients’ information utilizing the center’s client-tracking software  Aid and participate in the SBDC Start Smart Program Business Resource Center – DMC - Corpus Christi, TX January, 2012 - Present Rural Outreach Business Counselor  Provide counseling and technical assistance to help entrepreneurs with the development and management of their business  Lead presentations and seminars introducing the BRC program to entities such as Workforce, Housing Authority, and Community Action in the Texas Coastal Bend area  Conduct initial business counseling sessions and recruits clients  Engage in business visits to stakeholders to introduce the BRC program in the nine-county service area  Post clients’ information utilizing the center’s client-tracking software  Aid and participate in the Operation Jump Start-First Step and FastTrac Growth Venture Programs Corpus Christi Literacy Council, Corpus Christi, TX June 2006 - December 2011 Program Assistant  Organized fundraising events including visiting potential donors, and silent auctions displays, pricing and sales  Managed payroll, assisted with budgeting, maintained files, inventory and tracked donations S U S A N A M A R T I N E Z  Assisted in tutor training workshops  Responsible for leading volunteers, tutors, students and guests  Assisted literacy students with educational software and maintained computer lab Over Turismo Internacional, Bucaramanga, Colombia January 1995-July 2003 Branch Manager  First manager for a new travel agency branch, organized office from the start  Hired, trained and supervised five permanent employees, supervised payroll  Finance and management, including visiting companies, and business relations with airlines  Maintained inventory of products and services  Planning and sales of travel packages and airline tickets Proteccion (Retirement Fund Management) January 1994-December 1994 Bucaramanga, Colombia Account Manager Sanautos (new car dealership) August 1987-July 1989 Bucaramanga, Colombia Commercial Associate Salesperson DeMarka (furniture store) January 1983-July 1985 Barranquilla, Colombia Store Manager Organizations  Member - Hispanic Women’s Network of Texas, Corpus Christi, TX  Member and Volunteer - Instituto De Cultura Hispánica, Corpus Christi, TX  Volunteer - Corpus Christi Literacy Council Languages  English and Spanish, understands and actively participates in American and Latin cultures Submit Date: Oct 24, 2017 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 4 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Cleofas Rodriguez Jr. <4 months United Corpus Christi Chamber of Commerce President/CEO 601 North Staples, Suite 150 Cleofas Rodriguez Jr. Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Please upload any additional supporting documents Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? SISTER CITY 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? Part of requirement of being President/CEO of the United Corpus Christi Chamber of Commerce Corpus Christi Tx 78401 361-881-1800 cleojr@unitedcorpuschristichamber.com Cleofas Rodriguez Jr. Demographics Ethnicity Hispanic Gender 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. 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 Cleofas Rodriguez Jr. 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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? Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Does your employer or your spouse's employer have a City contract? Yes 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 No Cleofas Rodriguez Jr. 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? Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Corpus Christi Chamber of Commerce Cleofas Rodriguez Jr. Submit Date: Sep 07, 2016 Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number CITY OF CORPUS CHRISTI Application for a City Board, Commission, Committee or Corporation Profile What district do you live in? * District 2 (Note: If you do not know your district click here) Current resident of the city? Yes No Are you a registered voter? Yes No Alan Thornburg 7 Myself Struggling writer Alan Thornburg Work Address - City Work Address - State Work Address - Zip Code Work Phone Work E-mail address Upload a Resume Preferred Mailing Address None Selected Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I used to be on the Sister Cities Committee, but reached the maximum term limit, so I had to sit out for a year. Education, Professional and/or Community Activity (Present) Former committee chairman. Traveled to Agen, France, as part of the Corpus Christi Sister Cities delegation. Why are you interested in serving on a City board, commission or committee? akthornburg@hotmail.com Alan Thornburg 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. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Alan Thornburg Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Arts/Cultural Alan Thornburg DATE:October 12, 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:Andres Leal, Jr., P. E., Director of Street Operations andyl@cctexas.com (361) 826-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution Approving Bond 2016 Residential Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan CAPTION: Resolution approving the Bond 2016 Residential Street Rebuild Program (RSRP) Work Plan. PURPOSE: The purpose of this agenda item is for City Council to approve a Resolution in support of the Bond 2016 Residential Rebuild Project, Residential Street Rebuild Program (RSRP) Work Plan. BACKGROUND AND FINDINGS: On August 30, 2016, City Council approved a Resolution authorizing the Residential Street Reconstruction Test Project to define the scope and costs of the Residential Street Reconstruction Test Project. On November 8, 2016, voters approved the Bond 2016 Proposition 1 Residential Rebuild Project. On March 21, 2017, Council passed a Resolution (031088) approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). The next step of execution of the Bond 2016 Residential Rebuild Project is approval of the Work Plan. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 ALTERNATIVES: 1. Approve the Resolution as proposed. 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter’s requirements for approval of resolutions. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: □Operating □ Revenue □Capital X Not applicable Fiscal Years 2016 - 2017 Development Construction Option Year One TOTALS Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): Bond 2016 Fund Comments:None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution –Bond 2016 RSRP Work Plan Exhibit A - Bond 2016 RSRP Work Plan Street List Presentation Location Maps Resolution approving Concepts, etc. (031088) WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented; WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, in a special election held on November 8, 2016, voters approved Proposition 12 for making permanent public improvements or for other public purposes with priority given to the Residential Street Rebuild Program (“Bond 2016”); WHEREAS, on March 21, 2017, by Resolution No. 031088, the City Council approved the concepts, direction and selection criteria for the RSRP (“RSRP Guiding Principles”); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction, selection criteria and general work plan for the Bond 2016 Residential Street Rebuild Program attached as Exhibit A hereto. ATTEST: CITY OF CORPUS CHRISTI ____________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Resolution approving the Bond 2016 Residential Street Rebuild Program (RSRP) Work Plan Corpus Christi, Texas _________ of ___________________, 2017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Bond 2016 Residential Street Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan EXHIBIT A 1 STR_ID NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 2000 ACACIA MUELLER IH 37 965 24 2,573 0.18 51 117600 BRECKENRIDGE LEIGH WESTLAND 270 24 720 0.05 41 246100 CRAIG BROWNLEE FOURTEENTH 340 24 907 0.06 44 246200 CRAIG FOURTEENTH FIFTEENTH 340 24 907 0.06 46 246300 CRAIG FIFTEENTH SIXTEENTH 330 24 880 0.06 41 293500 DRISCOLL KENWOOD BLUEBONNET 815 24 2,173 0.15 45 293600 DRISCOLL BLUEBONNET NAYLOR 335 24 893 0.06 39 477000 KENWOOD OLD ROBSTOWN FAIRMONT 370 36 1,480 0.11 55 477100 KENWOOD FAIRMONT FAIRVIEW 555 30 1,850 0.13 55 477200 KENWOOD FAIRVIEW DRISCOLL 135 20 300 0.02 55 477300 KENWOOD DRISCOLL LONGVIEW 210 24 560 0.04 34 507200 LANCASTER LEOPARD MUELLER 540 48 2,880 0.20 70 520400 LEIGH VILLA BRECKENRIDGE 565 24 1,507 0.11 39 974300 TUMBLEWEED HORSE SHOE FRONTIER 775 24 2,067 0.15 45 974400 TUMBLEWEED FRONTIER OUTPOST 1100 24 2,933 0.21 42 405100 HAMPSHIRE PADRE ISLAND DR.LANTANA 660 36 2,640 0.19 43 405200 HAMPSHIRE LANTANA BENYS 2685 28 8,353 0.59 54 STR_ID NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 82000 BELTON CROSSTOWN NIAGARA 190 26 549 0.04 52 82100 BELTON NIAGARA BERTRAM 240 26 693 0.05 52 82200 BELTON BERTRAM REYNOSA 235 26 679 0.05 45 87700 BEVLY DEAD END HOLMES 285 24 760 0.05 51 87800 BEVLY HOLMES COLLINGSWOOD 230 24 613 0.04 55 87900 BEVLY COLLINGSWOOD LANSDOWN 810 24 2,160 0.15 51 103900 BOLIVAR CROSSTOWN NIAGARA 200 24 533 0.04 55 104000 BOLIVAR NIAGARA SARITA 655 24 1,747 0.12 39 127500 BROCK STAPLES LAMBERT 1335 25 3,708 0.26 52 127600 BROCK LAMBERT GOLLIHAR 1000 24 2,667 0.19 39 192100 CHAMBERLAIN STAPLES REID 1120 25 5,247 0.37 61 264800 DALRAIDA DAKIN WILLOW 665 24 1,773 0.13 54 264900 DALRAIDA WILLOW CARROLL 675 24 1,800 0.13 49 82300 BELTON REYNOSA SARITA 240 26 693 0.05 49 82400 BELTON SARITA MAC ARTHUR 275 26 794 0.06 37 82500 BELTON MAC ARTHUR GREENWOOD 1175 42 5,483 0.39 51 STR_ID NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 103700 BOISDARC GREENWOOD BALSAM 680 24 1,813 0.13 51 103800 BOISDARC BALSAM BLACK JACK 510 24 1,360 0.10 40 237800 CORK DEL STARR WEBER 1240 24 3,307 0.23 44 341400 FLEET BEECHCRAFT RYAN 420 28 1,307 0.09 35 410900 HARRIETT PRESCOTT VESTAL 1175 24 3,133 0.22 50 615000 MORAVIAN MC ARDLE SPID 1250 28 3,889 0.28 44 DISTRICT 3 DISTRICT 2 DISTRICT 2 ALTERNATES DISTRICT 1 DISTRICT 1 ALTERNATES Bond 2016 Residential Street Rebuild Project Residential Street Rebuild Program (RSRP) Work Plan EXHIBIT A 2 683400 OHARA MC ALPIN SHEA PKWY 605 24 1,613 0.11 50 1067000 ZARAGOSA GUATEMOZIN VERA CRUZ 390 24 1,040 0.07 43 1067100 ZARAGOSA VERA CRUZ AIRPORT 250 24 667 0.05 46 122400 BRISBANE SARATOGA CLEARWATER 645 26 1,863 0.13 51 122500 BRISBANE CLEARWATER CONGRESSIONAL 300 26 867 0.06 53 296100 DUNBROOK WEBER DUNBROOK CIR.200 24 533 0.04 37 296200 DUNBROOK DUNBROOK CIR.E. DUNBROOK 220 24 587 0.04 45 296300 DUNBROOK E. DUNBROOK W. DUNBROOK 320 24 853 0.06 38 296400 DUNBROOK W. DUNBROOK ELMDALE 295 24 787 0.06 46 296500 DUNBROOK ELMDALE LOCKE 365 24 973 0.07 52 STR_ID NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 1085700 ALAMEDA-RIO VISTA WAVERLY ALAMEDA 695 16 1,236 0.09 44 80100 BELMEADE AIRLINE DICKENS 580 36 2,320 0.16 46 80200 BELMEADE DICKENS RAWLEIGH 295 36 1,180 0.08 30 80300 BELMEADE RAWLEIGH RONSON 270 36 1,080 0.08 49 80400 BELMEADE RONSON BELLEVIEW 360 36 1,440 0.10 38 80500 BELMEADE BELLEVIEW GREELY 420 36 1,680 0.12 53 80600 BELMEADE GREELY GOLLIHAR 760 36 3,040 0.22 41 160300 CAPE MAY CAPE FEAR CAPE HENRY 1230 26 3,553 0.25 44 331800 FAIRFIELD GREELY ALAMEDA 1050 26 3,033 0.22 47 396500 GREER UTICA PURDUE 635 22 1,552 0.11 52 508200 LANSDOWN WESLEY HARRY 920 24 2,453 0.17 38 508300 LANSDOWN HARRY GOLLIHAR 1300 24 3,467 0.25 45 STR_ID NAME FROM TO LENGTH WIDTH SY Linear Miles PCI 502600 LAKE TAHOE SUN VALLEY LAKE TAHOE 715 24 1,907 0.14 54 502700 LAKE TAHOE LAKE TAHOE WOLF CREEK 240 24 640 0.05 35 502800 LAKE TAHOE WOLF CREEK SNOWMASS 250 24 667 0.05 42 502900 LAKE TAHOE SNOWMASS SNOWBIRD 235 24 627 0.04 38 598400 MICHAUX FULTON DEAD END 365 24 973 0.07 47 881200 SNOWBIRD LAKE TAHOE SUN VALLEY 875 24 2,333 0.17 51 1046700 WINDOWS GRAND JUNCTION MONARCH 660 24 1,760 0.13 49 1096100 WOOLDRIDGE N SR LOST CREEK STAPLES 420 18 840 0.06 46 1066200 YUKON JORDAN AMAZON 260 36 1,040 0.07 15 1066300 YUKON AMAZON NILE 265 36 1,060 0.08 19 1066400 YUKON NILE VOLGA 265 36 1,060 0.08 35 1066500 YUKON VOLGA BRAZOS 260 36 1,040 0.07 46 403100 HALFPENNY BROCKHAMPTON HAMPTON 1120 24 2,987 0.21 54 1053300 WOODGATE HEAVENSGATE NORTHGATE 655 24 1,747 0.12 53 DISTRICT 5 ALTERNATES DISTRICT 4 DISTRICT 3 ALTERNATES DISTRICT 4 ALTERNATES DISTRICT 5 Residential Street Rebuild Program (RSRP) Bond 2016 Rebuild Project Work Plan 1 Council Presentation October 31, 2017 2 Bond 2016 - $11.0M Residential Street Rebuild Project Presented to Council on February 28, 2017 Bond Ordinance language: “…for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, constructing (sic), reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way (including pedestrian and bike traffic lanes), sidewalks, streetscapes, collectors, drainage, landscape, signage, lighting, traffic signals (including networking hardware and software), acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City’s utility system),…” Bond 2016 Project $ 11,000,000 Design, Mgmnt, Inspection, Administration, etc. (20%) ($ 2,200,000) Construction $ 8,800,000 3 Apportion Funds By District Presented to Council on February 28, 2017 Square Yards District Total Network Residential/ Local Res./Local PCI <= 55 “Current Need” “Need” in Linear Miles % of Total Need SYs Worked† Funding 1 5,191,722 2,803,734 1,471,697 105 23%25,858 $2,068,639 2 3,675,618 2,279,918 1,481,895 105 24%26,037 $2,082,973 3 3,262,808 2,009,174 1,099,588 78 18%19,320 $1,545,596 4 4,528,093 2,761,683 1,273,109 90 20%22,369 $1,789,500 5 3,696,021 2,308,838 934,318 66 15%16,416 $1,313,291 Total 20,354,262 12,163,348 6,260,607 445 100%110,000*$8,800,000 *Approximately 7.82 linear miles. †Based on $80 / SY. 4 Representation of Work Quantity Presented to Council on February 28, 2017 5 Street Selection Steps Presented to Council on February 28, 2017 Select First on PCI score Identify Streets Removed From SPMP Distribute Based on District Need Perform Extensive Field Work Apply Prioritization Criteria Coordinate with Utilities Score Candidate Streets against Matrix Produce Final List for 2018 Work Plan Staff A/E Mar. 21, 2017 – RSRP Guiding Principles approved (Resolution 031088) 6 Residential Street Rebuild Program (RSRP) Work Plan Distribution Dist. 1, 23% Dist. 2, 24%Dist. 3, 18% Dist. 4, 20% Dist. 5, 15% Target (% of Need) Dist. 1, 22% Dist. 2, 25%Dist. 3, 18% Dist. 4, 20% Dist. 5, 15% Work Plan 7 Residential Street Rebuild Program (RSRP) Work Plan - City Wide 8 Residential Street Rebuild Program (RSRP) Work Plan – District 1 9 Residential Street Rebuild Program (RSRP) Work Plan – District 2 10 Residential Street Rebuild Program (RSRP) Work Plan – District 3 11 Residential Street Rebuild Program (RSRP) Work Plan – District 4 12 Residential Street Rebuild Program (RSRP) Work Plan – District 5 13 Residential Street Rebuild Program (RSRP) Timeline TODAY 2016 2017 2018 S e p O c t N o v D e c J a n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c J a n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c ROGERSON & RALSTON (Test Projects) Prelim Dsg Design Bid Construction BOND 2016 RSRP RFQ - Design Firms AE Award WP Dev.Design Bid Construction 14 Residential Street Rebuild Program (RSRP) Test Projects Update Rogerson Drive: McArdle Road to Sunnybrook Road Construction Start – September 18, 2017 2 Blocks Estimated % completion – 30 % Ralston Avenue: Staples Streets to Alameda Street Construction Start – September 18, 2017 3 Blocks Estimated % completion – 13 % 15 Residential Street Rebuild Program (RSRP) Rogerson Drive 16 Residential Street Rebuild Program (RSRP) Rogerson Drive 17 Residential Street Rebuild Program (RSRP) Ralston Avenue 18 Residential Street Rebuild Program (RSRP) Ralston Avenue Discussion 19 Residential Street Rebuild Program (RSRP) M C K E N Z I E R D S . P . I . D . AGNES FM 2444 EN N I S NAS AGNES HORNE A I R L I N E HOLLY RD WA L D R O N PURDUE DR I H 37 KO S T O R Y Z R D McARDLE C C B E A C H F.M. 624 SARATOGA BLVD. (SH 357) (S H 2 8 6 ) X- T O W N WOOLDRIDGE (SH358) NUECES RIVER F M 2 2 9 2 C L A R K W O O D F M 7 6 3 J O E M I R E U R NUECES B A Y OSO CAY O GLENOAK DR GRAHAM RD. LEOPARD P O R T OSO LA G U N A PA R K R D 2 2 ROAD F.M. 43 SHIP (SH 358) EV E R H A R T MORGAN YORKTOWN BLVD DRIVE U.S . 7 7 San Patric i o C o u n t y BEAR GOLLIHAR US H W Y 1 8 1 TAMUCC CORPUS CHRISTI BAYCHANNEL CREEK OS O DEL CAYO DEL OSO LA G U N A M A D R E GU L F O F M E X I C O DIST4 DIST1 DIST3 DIST5 D I S T 5 DIST2 HOLLY LEOPARD YORKTOWN ALA M E D A McARDLE PO R T STAP L E S AY E R S AGNES EV E R H A R T BALDWIN WA L D R O N LIPES OSO KO S T O R Y Z WOOLDRIDGE CIM A R R O N SAN T A F E WILLIAMS GOLLIHAR FL O U R B L U F F CAIN N A V I G A T I O N BEAR LIPAN CA R R O L L GRAHAM A I R L I N E TIGER HAVEN HEARN C L A R K W O O D F L A T O GLENOAK NIL E SEDWICK UP RIVER TIM O N WHITECAP W A T E R M A I N LA G U N A S H O R E S GR E E N W O O D CR 34 WE B E R VIL L A HORNE SACKY BONNER L A N T A N A R H E W LU M R I V E R HOPKINS OHIO BRO W N L E E CR 52 B U S H MORGAN RO S C H E R CRAIG T E N T H FL Y N N VI R G I N I A H E I N S O H N C H A P A R R A L JESTER PURDUE P A L M I R A 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MOONLAKE RIDGE ZAPATA RIVERTON BU R K E WHISPER WIND C O M P L E X ST E W A R T H I G H R I D G E BELLAC COR P O R A T E BE L L I S L E MISSOURI KING RIVER WALNUT BURGENTINE BR O O K L A N E RAMSGATE FICUS CR O S S R I V E R MA R B L E F R I E N D S H I P ME D I N A H CHEN O W E T H D O G G E T T SU D A N BRISTON BR A E S W O O D RO A N O K E TA N G O BLUE O A K WIN D Y W A Y WE S T W I N D T U P P E R SAMBAR VA L L E Y V I E W CARS O N LU X O R RA D I A L SA P P H I R E RIV E R G A T E HAR N E Y AU D N PORTO VILLAGEO CO U G A R SAN FELIPE L E S T E R GREEN AH E R N WIN D B L O W N GR A N D I S L E GL E N M O N T C O R O N A D O MOR N I N G S I D E WIN D C H I M E ALBERTA LINDA BO U R B O N A I S HILL COUNTRY D I A N A SAULT H U M B L E MATTHEW CORON A D R L O D G E CAP E V I S T A NU E C E S T O W N DECK VALHALLA ALLIER CHEVY CHASE SP R I N G W I N D SU M M E R T I M E DO V E R TERRACE BAY VENTOSO CREEKBEN D BRINE MADIERA ST A N T O N TA T E W A Y SABAL TA N Z A N I T E IMPERIA L AL O H A AS H L O C K CONDEE CALAVERAS BISHOPS MILL PRESIDIO OAK HILL MINGO CAY RA M B L E R W I L D O L I V E IV Y R I D G E CRESTSIDE SYLLING AR C H E R HERN D O N DEN V E R RO D D F I E L D WA L D R O N LAMONT MIL D R E D OSO MIRA M A R LEOPARD LE E W A R D M O H A W K MARION CAROLYN S A V A G E UP RIVER COLEMA N BARNES A L L E Y SA M LAREDO OCEAN A I R L I N E TH I R D PR I N C E BU R K S H I R E UP RIVER CUN N I N G H A M OD E M LAMONT CH A S E MONETTE ANDREWS J O Y C E TOP E K A MORRIS E I G H T E E N T H NU E C E S B A Y SH E R I D A N ALLEY CARIBBEAN IND I A N A ST A P L E S FRIO LEXING T O N MO N E T T E HALL TE A K COR A L PR E S C O T T UP RIVER ARA N S A S TARLTON HA Z E L LOU I S I A N A SANTA ELE N A LEOPARD FREDERICK HUDSON RUTH ADKINS DO D D NUECES DOLP H I N FR A N K L I N COR A L LANDS EN N I S J O S L I N O C E A N DA L Y O M A H A RIG G A N DO D Y LE X I N G T O N BRAW N E R PR E S C O T T LA COSTA CABANISS PRE S C O T T PE A R S E K I N G MIRA M A R CL A R E BRAW N E R GR E E N W O O D EA S Y DEV O N HOUSTON GOLLIHAR FIG LIPES ALLEY DA L Y BREWS T E R CHIPITO BRE N T W O O D CATA L I N A PO T H CH E R Y L EL G I N T E N T H LAW N V I E W LEOPARD COLEMAN SUMMERS SH A R O N HAMPSHIR E UP RIVER SH I E L S AS H L A N D STIR M A N WILS H I R E PA L M BR O C K RE H F E L D NA P L E S AR L E N E AUS T I N KI N G RE T A M A PEER M A N M C B R I D E KE N N E D Y BRADSH A W NIL E BROADW A Y BEAR YORKTOWN ALLEY NIN E T E E N T H T U L O S O GRA N T LEOPARD LA V A C A LA K E S I D E JANSSEN BONNER SU R F S I D E CL A R E OCEAN ELIZABET H DO D Y LEO P A R D OMAHA MO R A V I A N HANCOC K YALE AQ U A R I U S PANAMA S I X T E E N T H ADKINS CA S T E N O N TA N C A H U A TEXA S W A T E R SA R I T A BUFORD JE A N DO D Y CL O Y D E GRAN T WEST POIN T CAM B R I D G E COLE UP RIVER DE V O N AUS T I N CO S N E R BRAWNE R PA R A D E S H O R E L I N E EL I Z A B E T H UP RIVER A L A M E D A DILLON KINNEY KA S P E R LOU OR M O N D SE C O N D ME A D O W B R O O K NA P L E S LEOPARD ST I R M A N T A N C A H U A S H O R E L I N E HA K E L WILLIAMS BL U N D E L L PR A I R I E MO K R Y E L K O S O WE S T C H E S T E R REDWOOD KAREN CATA L I N A JOYCE HANCOCK I 37 C A N T W E L L CA L V I N ISLLA KO S A R E K ANTELOPE O DAY GOLLIHAR CENTER W A C O PRESA NA P L E S COMANCH E UP RIVER B A L B O A LA N S D O W N TR O Y SUNNY P O R T CA D D O MARY LEOPARD FT WO R T H N I N E T E E N T H ELM IV Y MO K R Y SH E A MO R A V I A N OHIO S T A P L E S HORNE AL L E Y SHELY H U N T E R SH O R E L I N E MARY µ Text Legend FINAL ALTERNATE 1.5 0 1.5 3 4.5 60.75 Miles I 37 I H 6 9 LEOPARD HWY 44 F M 1 6 9 4 F M 2 4 V I O L E T M C K I N Z I E F M 1 8 8 9 F I R S T NORTHWEST HAVEN HEARN C L A R K W O O D R A N D M O R G A N UP RIVER SEDWICK M A I N AGNES M C B R I D E CR 52 R H E W R I V E R HOPKINS S U N T I D E C A L L I C O A T E S T A R L I T E B R O N C O HALL M A N N I N GALPINE P A D R E I S L A N D D O N A R O B B Y C A L A L L E N S H A R P S B U R G LEXIN GTO N RED RIVER C R 7 3 H E R E F O R D A L L I S O N G I L L I A M L A N T A N A BEAL A V E C SUNNY W O O D R I V E R LEOPARD S MESA PAULA H A R T M A G E E F I G U E R O A MC NORTON HEIZER C Y N T H I A WILKINS C R 6 9 S O U T H E R N M I N E R A L S M C C A M P B E L L M C C A I N E M O R Y C O R N P R O D U C T S HAMPSHIRE B E N Y S C O U N T I S S C A T H E A D G O L L A S M IT H S E S S I O N S MAYFIELD S T O N E W A L L R E D B I R D IRIS SKYLINE CAROLINE R H U M B A N O L F O R D D E E R S P A N I S H S I E R R A ANNAVILLE MC BURNETT C O M A L TIMBERGROVE MALLARD S T A C Y FRONTIER R O C K W O O D RIVER WAY PIONEER HORSESHOE I R M A H U N T E R W I L D C A T S U N B E L T L O M A A L T A RIVER ROCK R I V E R H I L L R A P I D S F L A T O MARS TEAGUE KINGSBURY BEARDEN R I V E R P A R K C O R N E T T C H A R L E S L E O N A R D E M M O R D C R 6 9 C C M O U N T A I N V I E W C O X M O R R O W SKYLARK C L I F F C R E N S H A W G U T H R E H F E L D ATLANTA J A M E S R O L L I N G A C R E S D U N S T A I N PRINCESS L A B R A N C H D A I S Y MASON REAGAN T U L O S O A V E A RIVER RUN S P I N D L E T O P C H I C K E R Y W O O D C R E E K L O I S R A I L R O A D WINDSOR P E R R Y EKLUND H A R R I N G T O N UNION C A S T L E R I D G E W I D G E O NNELON S U E N U E C E S R I V E R P A R K E L K B R O O K S I D E W E S T R I V E R W O O D L A N D C R E E K L O T T RIPPLE S E R V I C E D W Y E R D I A M O N D C U T C H U R C H C A S T L E V A L L E Y RECYCLE M A V E R I C K B A L L A D T R E E TIMBERLINE P E R N I T A S C R E E K FOREST HILL C H I S O L M W I L D W O O D E X C H E Q U E R EVENING STAR P O T O M A C A V E D A R I Z O N A HWY 44HWY 44 P A D R E I S L A N D UP RIVER HWY 44 HWY 44 E M O R Y HWY 44 G O L L A L A N T A N A I H 6 9 I H 6 9 HWY 44 HALL I 37 H W Y 4 4 I H 6 9 P A D R E I S L A N D LEOPARD T U L O S O LEOPARD I 3 7 UP RIVER UP RIVER AGNESIH 6 9 I 3 7 UP RIVER N O R T H W E S T I 37 AGNESHWY 44HWY 44 I H 6 9 R E H F E L D HWY 44 H W Y 4 4 UP RIVER LEOPARD Legend FINAL ALTERNATE I 3 7 P O R TAGNES H W Y 1 8 1 BALDWIN L E O P A R DUP R I VE R M O R G A N L I P A N ALAMEDA A Y E R S T I M O N BROWNLEE N A V I G A T I O N W A T E R D A V I D V I L L A M C B R I D E O H I O L A R E D O T E N T H C R A I G V I R G I N I A C H A P A R R A L SANTA FE A I R P O R T S T A P L E S M E S Q U I T E C O M A N C H E REID O S A G E BROADWAY O CEA N C O L ELOUFIFTEENTH JOHN P A R K L E O P A R D S C H E Y E N N E M A R Y N A P L E S P A D R E I S L A N D S I X T H N I A G A R A S I X T E E N T H P O S T O M A H A C A U S E W A Y F L A T O A N T E L O P E B U F O R D N U E C E S B A Y C A R V E R C A R A N C A H U A F L O R A L R U T H V A K YSHELY P A L M SONORA THIR D T E X A S H E R E F O R D C R O S S T O W N F O U R T E E N T H T A N C A H U A EIGHTEENTH W I N N E B A G O S T I L L M A N K E N N E D Y K I N N E Y G R E E N W O O D P U E B L O N U E C E S H A L L S A B I N A S M C C A M P B E L L O L D R O B S T O W N S O R R E L L S A V A G E MUELLER H I G H L A N D S H O R E LI N E P I N E N I N E T E E N T H M A R G U E R I T E F I G S A R I T A S A X E T B A R T L E T T S T A R R BURLESON P A R R T W I G G C L E O BEACH L O G A N V E R N O N E L G I N G E M I N I B E A C O N C A N T W E L L L O N G V I E W SUMMERS E L E S A W E S T G A T E TRACY V A N C L E V E L I L Y P A L M E R O B R E W S T E R BONITA P O N D E R H W Y 4 4 ELM F R O N T A G E N A Y L O RGARFIELD I H 3 7 F L O O D S A N T A E L E N A CHIPITO P O T H TARLTON RUSSELL J A M E S MAGNOLIA W A C O BREAKWATER M E U L Y R Y A N SECOND G U A T E M O Z I N AUSTIN C E N I Z O M O R R I S KI N G C A R R I Z O I N D U S T R I A L F I S K S O U T H V I E W PAUL C O K E JUANITA C O L E M A NTHOMAS BUSHICK B L U C H E R GULDEN TWELFTH L O U I 3 7 I 3 7 H W Y 4 4 S T A P L E S H W Y 1 8 1 N I N E T E E N T H I 3 7 S A V A G E I 3 7 S H O R E L I N E C A N T W E L L M O R R I S T W E L F T H OCEAN P O T H SHELY B U F O R D µDISTRICT 1 SEE INSETMAP INSET MAP 1 2 34 5 8 7 9 6 #STREET FROM TO1ACACIAMUELLERIH 372BRECKENRIDGELEIGHWESTLAND3CRAIGBROWNLEESIXTEENTH4DRISCOLLKENWOOD NAYLOR5KENWOODOLD ROBSTOWN LONGVIEW6LANCASTERLEOPARDMUELLER7LEIGHVILLABRECKENRIDGE8TUMBLEWEEDHORSE SHOE OUTPOST 9 HAMPSHIRE PADRE ISLAND DR.BENYSALTERNATE P O R T ALAMEDA STAPLES A Y E R S McARDLE PADRE ISLAND SANTA FE GOLLIHAR A G N E S A I R L I N E M O R G A N BALDWIN D A V I D G R E E N W O O D W E B E R K O S T O R Y Z C A R R O L L HORNE BROWNLEE E V E R H A R T OCEAN L U M O H I O T E N T H C R A I G VI R G I N I A T E X A N NORTON R O B E R T A I R P O R T HARRY O S A G E L A R E D O C R O S S T O W N C O L E TROJAN FIFTEENTH P O S T C O L U M B I A A N G E L A M A R I E V E S T A L S A R I T A C A R V E R C H E Y E N N E M A R Y N A P L E S Y O R K L I P A N LAM ONT R A M S E Y SIX T H J O S E N I A G A R A SIXTEENTH D I N N R A Y H A M L I N V A K Y M O L I N A MANSHEIM B U F O R D L O U I S I A N A D O L P H I N CENTER B A R R E R A D E V O N W E S T P O I N T BRAWNER H W Y 2 8 6 S H A W D E L M A R A T L A N T I C L O U M I A M I R O P E S R U T H SHELY P A L M SO NORA THIRD L O G A N HUGO I V Y T E X A S C H R I S T I E FLOYD S O U T H E R N OLSEN M A C A R T H U R C O T T C H A S E FOURTEENTH E L V I R A S A L E M EIGHTEENTH B O O T Y F R E N C H SUNNYBROO K ORLANDO E L E V E N T H B E L M E A D E B R O C K L O L I T A P A L O M A AUSTIN T Y L E R NEM EC V A L D E Z HARRIS S I N C L A I RROSSITER D O R T H Y H A K E L H I A W A T H A SEVENTEENTH S E V E N T H O R C H I D D E N V E R E L I Z A B E T H TOPEKA Z A R S K Y L E O P A R D L E W I S K A S P E R C O M A N C H E FIF T H B L A K E L A Z Y N E S B I T T P U E B L O S H A R O N CUIPER F I R DUNBAR D R I F T W O O D BELTON S A B I N A S V I L L A R R E A L A N N A P O L I S H E W I T C L A R K S O R R E L L F U R M A N ADKINS KAY R A L S T O N Y O L A N D A C O S N E R FT WORTH H I G H L A N D A R A N S A S ADA S A M C A R L T O N M A R Y L A N D N O R V E L T O W N S E N D F L O R I D A KIMBROUGH ADAMS B L O O M I N G T O N LAWNVIEW ALEXANDER S H E R I D A N N I N E T E E N T H M A R G U E R I T E H A R R I S O N F I G F R O N T A G E R I G G A N L E A S H A W N E E C A R M E L N O R T H W A T E R L U C I L L E MARION SEGREST J E A N TOT TON L A R K S P U R L O W M A N M O H A W K P A R R R A M O N A TIM G R A N T G R E E L Y H E R N D O N HOUSTON C L E O MT VERNON D E L A I N E LINCOLNBLUEBELLE R I L E Y DIXIE C A M B R I D G E D E F O R R E S T ARLINGTON E L G I N GAINES VIOLA S H E P H A R D BLEVINS W Y N O N A D O D Y T R I N I T Y HEADLEY C L I F F O R D KEYS U P R I V E R B R A D S H A W BRANNAN HAROLD FRANCIS H O L M E S P R I N S T O N JANS S E N C R E W S E L E S A BARNES BEVLY F R A N C E S C A ISLLA A N T E L O P E A L D E N HERITAGE A M I S T A D P E N N I N G T O N E L E A N O R M C C L E N D O N MAHAN C H U R C H I L L J A C K S O N H E L E N B R E N T W O O D M I L D R E D S P R I N G A L I C E E D I T H R O S S I L I N D A V I S T A W E S T G A T E TRACY L A N S D O W N MANITOU W I L S H I R E R O C K F O R D D I L L O N B O B A L O C A P E C O D B L U N T Z E R R E Y N A A N IT A CHESTNUT C A S A D E O R O P A L M E R O M E L B O U R N E H U R O N E L D O N B E T E L ROSLYN C H A M B E R L A I N C H I P P E W A H I D A L G O W E I R LAWTON BIRCH T A N C A H U A V I T E M B O R M O N D BONITA P O N D E R A R L E N E L Y N C H BURNEY ORMS W E X F O R D S T I R M A N BRADFORD E I S E N H O W E R N E L L M O K R Y H O S P I T A L BRETT O D E M YALE S H O R E L I N E H A R M O N E V E L Y N T E A K W A L T H A M NIMITZ STAPLES SER.RD L A U R A B U S H C A R M E L S O U T H D A Y T O N A B E R M U D A TASCO L E O N H O F F M A N KAREN M O R A Y C U B C A L V I N K I L G O R E S T A P L E S -7 T H H A N C O C K ROOSEVELT C A T A L I N A B U R R C L O Y D E EASLEY K U S H G L A Z E B R O O K LEE P A R A D E S A N A N T O NIO A N D O V E RALMA D R E X E L R O J O M A R K I N S C O R A L C A S A L I N D A P I N E T E R E S A BRUSHWOOD WATSON P H I L I P LINDEN D O D D R I D G E V A N C E AVALON P A S A D E N A R E Y N O S A V E R B E N A R O S E D A L E HEINLEY D O D D W Y N W O O D ROSALIE C A S T E N O N O L E A N D E R N A T I O N A L M AVIS EAST TARLTON C I R C L E C O T T A G E B L A N C O A N D E R S O N W I L L O W PEARSE C U L B E R S O N Q U E E N LORITTE A S P E N SEVILLE D I C K E N S L E M I N G H O P P E R V A N D E R B I L T M U S T A N G H U D SO N KENTNER C A P E H E N R Y M O N I T O R A S H L A N D C O L L I N G S W O O D W R A Y C E D A R S H E R W O O D W I L L I A M S O N M E U L Y R I T A FANNIN R Y A N C R E S T V I E W R O S E DELPHINE DATE GOLIAD HICKORY WILMA P O E N I S C H CYPRESS EDWARDS M E A D O W B R O O K M U S S E T T DALRAIDA B U F F A L O K O S A R E K PECAN H O W A R D CAPE ANN ROGERS S E Q U O I A D A K I N A B N E R B A R R Y M I R A M A R R O S E W O O D E S P I N O S A PYLE W I N N I E ADELMENDOZA W I L L O W B R O O K PRESA DELGADO C A R A N C A H U A U R B A N N I C H O L S O N SECOND H A Y W A R D C A P E H A T T E R A S C A P E A R O N HARVA RD R A N D A L L M O N E T T E CORDELIA I N D I A N A G U A T E M O Z I N S T P I U S KATHY A N T H O N Y J O A N N C A D D OSHERMAN C H E R R Y T W E N T Y FI F T H M O R R I S HEMLO CK S E A V I E W HALSEY A R C H D A L E KIN G DELANO A N G E L O WALTO N HARRIETT C A P E M A Y C A S A V E R D E R O S E B U D I N D U S T R I A L VALENCIA B E V E R L Y H IB I S C U S G O R D O N L A N I E R P R E S C O T T R O G E R S O N ESTATE B U R K S H I R E BOISDARC CAPE ANN-OCEAN M O N T C L A I R KITCHENS M O R A V I A N B A L B O A S A N T A M O N I C A M C C A L L H A N D O V E R C H A N D L E R L A V A C A F L Y N N JUAREZ E A S T E R C U N N I N G H A M TIMROD G R E E N G R O V E K E N D A L L C H E R Y L T W E N TI E T H S H A M R O C K M A R G O T E R R A C E F E R N F A I R F I E L D L A R C A D E CASA ROSA B R O O K D A L E B E L L E V I E W C R A N E S T R A T T O N M I T C H E L L K I R K W O O DROSS REDWOOD GERTIE POPE B R A N D E S K Y GOLLIHAR S.R. REIDROBIN D O L O R E S W I L L A R D JARVIS W A Y S I D E JUANITA S O U T H L A N D P U R L M C G R E G O R P E E R M A N W I N T E R S WH I T IN G BOLIVAR D R I S C O L L G A B R I E L P E L S S O U T H H E W I T A L L E Y SHIRLEY MERIDIAN T W E N T Y S E C O N D D U N C A N M E R R I M A C C O K E G R E E N W A YVERNERCAPE ROM AIN C O L E M A N A N G E L E V E R G R E E N T W E N T Y FI R S T SYCAM ORE M A R K S M A B L E ROBINHOOD BARCELONA PA I N TE R H A M L E T T M O O D Y E A S T G A T E WHITTIER R O B I N S O N S T A F F O R D A L T A P L A Z A B R O U G H T O N JOHANNA W R I G H T L O U I S E ANDREWS A R C H E R B A Y S I D E Y U C C A J O H N L E E T A R P O N CASA BONITA M A N O R JUNIOR TRENTO N MORALES F R A N K L I N E L L I S LITTLE JOHN S U N R I S E EUNICE H O L L Y W O O D L A U R E L R O N S O N O C E A N V I E W R O B B R I C H T E R N O G A L E S B R A N I F F C U R T I S S K O S A R CRESCENT F O S T E R MAPLE S T I N S O N BURNET B L U N D E L L WESLEY S U N S E T M E L D O P A R K NORMANDY P A R K B R E E Z E W A Y C A M D E N B A R R A C U D A ALAMO TALISMAN C L O D A H C A S A G R A N D E E A S T E R N C O N C O R D B A Y R I D G E A G A R I T O B A Y O U BUCKAROO TWELFTH TOMPKINS M A D R I D B R I G H T N A V A J O V E R A C R U Z H AW T H O R N E B A Y C L I F F BERNANDINO SOLEDAD F L O R E S GLENDALE F A I R C H I L D CAPE FEAR G R E G O R Y MONTGOMERY C A M E L L I A M E L R O S E A Y E R S -C A R L T O N B R A W N E R -M E L D O P R I M R O S E S O U T H G A T E K E N W O O D GUADALUPE MC DANIEL R A W L E I G HRAMBLER C LI N TO N B A Y S H O R E STANLEY MT VERNON/SPID K A T H E R I N E S K I N N E R SWANTNER A B E R D E E N S H O P P I N G NEM EC-SPID MULBERRY A L L E N B A T T L I N B U C L O R R A I N E D E L M A R S -S .R . G R A N A D A KING RICHARD F R I E N D S H I P C H E N O W E T H STAPLES-SWANTNER W A S H I N G T O N E A S T H E W I T A L L E Y GREEN M O R N I N G S I D E K A R C H M E R C A L D W E L L COTTONWOOD L O W E L L C R O S S T O W N CONDEE I M P E R I A L C A M P B E L L F L O R E N C E L A U R E N R O C K L A W N OCEAN-SECOND KENT JACQUELYN SANTA FE-THIRD E L V I R A J E A N P R E S C O T T N A P L E S G R E E N G R O V E PADRE ISLAND TOPEKA OCEAN S A R I T A T W E L F T H B R A W N E R T E N T H SWANTNER C R O S S T O W N P O E N I S C H T W E L F T H C R O S S T O W N D A Y T O N A P R E S C O T T PADRE ISLAND PAINTER M A R G U E R I T E R I G G A N PADRE ISLAND C R O S ST O W N S T I R M A N D R I F T W O O D T W E N T Y FIF T H M O R R I S HUDSON C R O S S T O W N H O F F M A N H W Y 2 8 6 C A T A L I N A DENVER H O L M E S O R M O N D BERNANDINO W I L S H I R E A R L E N E BRAWNER C H E R Y L PADRE ISLAND GOLLIHAR OCEAN N A P L E S NOGALES M E L B O U R N E C A L V I N C O R A L MARION F I G N I C H O L S O N B L U N D E L L P R E S C O T T FIF T H M O K R Y R A M S E Y O C E A N C O L E V E R N E R HOUSTON PECAN C R O S S T O W N A S H L A N D THIRD H O W A R D A Y E R S D E V O N A B E R D E E N PA D R E IS L A N D C H A S E MT VERNON POPE F R A N K L I N E A S T E R B E R M U D A G R E E N G R O V E B R O C K G R E E N G R O V E W I L M A C O R A L P R I N S T O N TARLTON SOLEDAD FERN M O H A W K PA D R E IS L A N D T E R E S A B A R R A C U D A C H I P P E W A C R O S S T O W N K A S P E R H W Y 2 8 6 C A M B R I D G E E L G I N KAREN G R A N T I N D I A N A FL O RID A M O N E T T E LAM ONT KIN G P R E S C O T T A S H L A N D D R I F T W O O D ADKINS M E N D O Z A HOUSTON GUADALUPE C A M B R I D G E PRESA MORALES J O A N N F R O N T A G E MANSHEIM LAMONT HARRIETT S E V E N T E E N T H F R A N K L I N D A V I D SI X T E E N T H V E R B E N A SHERMAN B R A D S H A W M E A D O W B R O O K T E X A S GREEN C O N C O R D B R A W N E R B R E N T W O O D B A L B O A M O R A V I A N N A P L E S POPE C R O S S T O W N AUSTIN L A N S D O W N D O D Y PADRE ISLAND S H E R I D A N PADRE ISLAND S H A R O N YALE SECOND O C E A N GOLLIHAR C L E O C A S T E N O N REID BRAWNER P A S A D E N A H A N C O C K STAPLES SER.RD OCEAN O D E M M A R Y ARANSAS G R E G O R Y JANSSEN THIRD P E A R S E M A R I O N PECAN B L U N T Z E R M C C A L L PADRE ISLAND SHELY M O N I T O R M I R A M A R PADRE ISLAND S T A P L E S M A R Y P A R A D E EI G H T E E N T H ISLLA T E A K NORTON YALE D E V O N G A B R I E L E L G I N C O L E M A N D O L P H I N C O L E M A N R O S S I T E R HWY 286 C H E R Y L N A P L E S TOPEKA D O L P H I N NINETEENTH D I L L O N R U T H D O D Y O H I O FIF T E E N T H OCEAN JOHANNA D E L A I N E S H A R O N M I R A M A R B A R R A C U D A W I L L I A M S O N B A R R A C U D A C L O Y D E PADRE ISLAND NOGALES M A R I O N K I R K W O O D M O N E T T E FT W O R T H D O D D A N T H O N Y K O S A R E K M O R A V I A N N E S B I T T S T I R M A N AUSTIN DELPHINE B R A W N E R L E M I N G PADRE ISLAND A R L E N E C A D D O M O K R Y S A B I N A S M A R G U E R I T E J E A N U R B A N PADRE ISLAND P R E S C O T T PADRE ISLAND BOLIVA R C R O S S T O W N S A M C U N N I N G H A M PADRE ISLAND P E N N I N G T O N GAINES P E E R M A N DENVER L O U I S I A N A C O S N E R ADKINS REDWOOD FIFTH SI X T E E N T H M O R A V I A N G R A N T BARNES GUADALUPE LORITTE W A S H I N G T O N C I R C L EPEERMAN B U F O R D C A T A L I N A C O R A L M O N T C L A I R D O L P H I N C O L U M B I A L A R C A D E C R O S S T O W N REID JARVIS DENVER D O D D OCEAN HORNE F R O N T A G E K O S A R E K L A V A C A PADRE ISLAND H A M L I N E L I Z A B E T H B R E N T W O O D E L G I N M O R R I S LAMONT H A K E L PECAN I N D I A N A A R C H E RLegend FINAL ALTERNATE DISTRICT 2 µ 42 5 6 3 17 #STREET FROM TO1BELTONCROSSTOWNREYNOSA2BEVLYDEAD END LANSDOWN3BOLIVARCROSSTOWNSARITA4BROCKSTAPLESGOLLIHAR5CHAMBERLAINSTAPLESREID6DALRAIDADAKINCARROLL 7 BELTON REYNOSA GREENWOODALTERNATE PO R T ALA M E D A STAP L E S AY E R S McARDLE PADRE ISLAND SAN T A F E GOLLIHAR AGNES A I R L I N E MORGA N BALDWIN DA V I D GR E E N W O O D WE B E R KO S T O R Y Z CA R R O L L HORNE BRO W N L E E EV E R H A R T OCEAN LU M OHI O T E N T H CRAIG VI R G I N I A TEX A N NORTON RO B E R T A I R P O R T HARRY O S A G E LARE D O C R O S S T O W N COL E TROJAN FIFT E E N T H P O S T CO L U M B I A A N G E L A MA R I E VE S T A L SA R I T A CA R V E R C H E Y E N N E MARY NAP L E S YO R K LIPAN LAMONT RA M S E Y SI X T H J O S E NI A G A R A SIXT E E N T H DI N N RA Y HA M L I N VAK Y M O L I N A MANSHEIM BUFOR D LOU I S I A N A DO L P H I N CEN T E R B A R R E R A DE V O N WEST P O I N T BRAWNER HW Y 2 8 6 SH A W DEL M A R ATL A N T I C LOU MI A M I ROP E S RUTH SHELY P A L M SONORA THIR D LO G A N HUGO IV Y TEX A S CH R I S T I E FLOY D SOU T H E R N OLSEN MA C A R T H U R CO T T CH A S E FOU R T E E N T H E L V I R A SA L E M EIGH T E E N T H BOOTY FR E N C H SUNNYBROOK ORLANDO E L E V E N T H B E L M E A D E BR O C K LOLITA PA L O M A AUS T I N TY L E R NEMEC V A L D E Z HARRIS SIN C L A I R ROS S I T E R D O R T H Y HA K E L H I A W A T H A SEV E N T E E N T H S E V E N T H OR C H I D D E N V E R ELIZ A B E T H TOP E K A ZA R S K Y LEOPAR D LE W I S KA S P E R COMAN C H E FI F T H BL A K E LA Z Y NE S B I T T P U E B L O SH A R O N CUIPER FI R DUNBAR DR I F T W O O D BELTON SA B I N A S VILLAR R E A L AN N A P O L I S HE W I T CL A R K SOR R E L L FURMA N ADKINS KAY RAL S T O N Y O L A N D A CO S N E R FT W O R T H HIG H L A N D A R A N S A S ADA SA M CA R L T O N MA R Y L A N D NORVEL TO W N S E N D FL O R I D A KIMBROUGH ADAMS BLOOM I N G T O N LAW N V I E W ALEXANDER SH E R I D A N N I N E T E E N T H MARGU E R I T E HAR R I S O N FI G FR O N T A G E RI G G A N LE A S H A W N E E CAR M E L N O R T H W A T E R LUCILLE MARION SEGREST JE A N TOTTON LA R K S P U R LO W M A N M O H A W K P A R R R A M O N A TIM GRA N T GREELY HE R N D O N HOUSTON CL E O MT VERNON DEL A I N E LINCOLNBL U E B E L L E RILEY DIXIE CA M B R I D G E DEF O R R E S T ARLINGTON EL G I N GAINES VIOLA SH E P H A R D BLEVINS WY N O N A DO D Y TR I N I T Y HEADLEY CLIF F O R D KEYS UP RIVE R BR A D S H A W BRANNAN HAROLD FRANCIS HO L M E S PR I N S T O N JANSSEN CR E W S E L E S A BARNES BEV L Y F R A N C E S C A ISLLA ANTELO P E A L D E N HERITAGE AM I S T A D PE N N I N G T O N E L E A N O R MC C L E N D O N MAHAN CH U R C H I L L JAC K S O N HE L E N BR E N T W O O D MI L D R E D SP R I N G AL I C E ED I T H RO S S I LINDA V I S T A W E S T G A T E TRACY LA N S D O W N MANI T O U WILS H I R E R O C K F O R D D I L L O N BO B A L O CA P E C O D B L U N T Z E R REYNA A N I T A CHESTNUT CA S A D E O R O PAL M E R O ME L B O U R N E HURON EL D O N BE T E L ROSLYN CHA M B E R L A I N CHIPPE W A HIDALG O WE I R LAWTON BIRCH T A N C A H U A VI T E M B OR M O N D BONITA PON D E R A R L E N E LY N C H BURNEY ORMS WE X F O R D STIR M A N BRADFORD EI S E N H O W E R NE L L MO K R Y HOSPIT A L BRETT OD E M YALE S H O R E L I N E H A R M O N EV E L Y N TE A K WA L T H A M NIMITZ STAP L E S S E R . R D LA U R A B U S H CAR M E L S O U T H DA Y T O N A BER M U D A TASCO LE O N HO F F M A N KAREN MOR A Y CUB C A L V I N KI L G O R E S T A P L E S - 7 T H HANCO C K ROOSEVELT CAT A L I N A BU R R CL O Y D E EASLEY KU S H GL A Z E B R O O K LEE PA R A D E S A N A N T O N I O AN D O V E R AL M A D R E X E L RO J O MA R K I N S COR A L CA S A L I N D A PINE T E R E S A BRUSHWOOD WATSON PH I L I P LINDEN DOD D R I D G E V A N C E AVALON PAS A D E N A R E Y N O S A V E R B E N A RO S E D A L E HEINLEY DO D D WY N W O O D ROSALIE CA S T E N O N OLE A N D E R NATION A L M A V I S EAST TARLTON CIR C L E CO T T A G E BL A N C O AND E R S O N WI L L O W PEARSE C U L B E R S O N QU E E N LORITTE AS P E N SEVILLE DI C K E N S LEM I N G HOP P E R VA N D E R B I L T MU S T A N G HUDSON KENTNER CA P E H E N R Y MO N I T O R AS H L A N D CO L L I N G S W O O D WR A Y CE D A R SH E R W O O D WILL I A M S O N M E U L Y RITA FANNIN RYAN C R E S T V I E W R O S E DELPHINE DATE GOLIAD HICKORY WILMA PO E N I S C H CYPRESS EDWARDS ME A D O W B R O O K MUSSE T T DALRAIDA BUFFAL O KO S A R E K PECAN HOWAR D CAPE ANN ROGERS SE Q U O I A DA K I N A B N E R BA R R Y MIR A M A R R O S E W O O D E S P I N O S A PYLE WI N N I E ADELMENDO Z A WI L L O W B R O O K PRESA DELGADO C A R A N C A H U A UR B A N NI C H O L S O N SEC O N D HA Y W A R D CA P E H A T T E R A S CA P E A R O N HARVARD RA N D A L L MO N E T T E CORDELIA IND I A N A G U A T E M O Z I N ST PIUS KATHY AN T H O N Y JO A N N CA D D O SHERMAN CH E R R Y T W E N T Y F I F T H MORRIS HEMLOCK SE A V I E W HALSEY A R C H D A L E KI N G DELANO AN G E L O WALTON HARRIETT CA P E M A Y CA S A V E R D E ROS E B U D INDU S T R I A L VALENCIA BE V E R L Y H I B I S C U S GOR D O N LA N I E R PR E S C O T T RO G E R S O N ESTATE BU R K S H I R E BOISDARC CAPE ANN-OCEAN MO N T C L A I R KITCHENS MO R A V I A N B A L B O A SAN T A M O N I C A MC C A L L HA N D O V E R CH A N D L E R LA V A C A FL Y N N JUAREZ EA S T E R CUN N I N G H A M TIMROD GR E E N G R O V E KE N D A L L CH E R Y L T W E N T I E T H SHAMROCK MA R G O TE R R A C E F E R N FA I R F I E L D LA R C A D E CASA R O S A BR O O K D A L E BE L L E V I E W CR A N E S T R A T T O N MITC H E L L KI R K W O O D ROSS REDWOOD GERTIE POPE BR A N D E S K Y GOLLIHAR S.R. REIDROBIN D O L O R E S WI L L A R D JARVIS WA Y S I D E JUANITA SOUTH L A N D PU R L M C G R E G O R PEE R M A N WI N T E R S WHITING BOLIVAR D R I S C O L L GA B R I E L P E L S SO U T H H E W I T A L L E Y SHIRLEY MERIDIAN T W E N T Y S E C O N D D U N C A N ME R R I M A C C O K E GR E E N W A Y VE R N E R CAPE ROMAIN COLEM A N ANG E L EV E R G R E E N T W E N T Y F I R S T SYCAMORE MA R K S MA B L E ROBINHOOD BARCELONA PAINTER HA M L E T T MO O D Y E A S T G A T E WHITTIER RO B I N S O N ST A F F O R D AL T A P L A Z A BR O U G H T O N JOHANNA WRIGHT LOU I S E ANDREWS AR C H E R BAY S I D E YU C C A JO H N L E E T A R P O N CAS A B O N I T A MA N O R JUNIOR TRENTON MORALES FR A N K L I N EL L I S LITTLE JOHN SUN R I S E EUNICE HO L L Y W O O D LAU R E L RO N S O N OC E A N V I E W RO B B RI C H T E R NOGALES BRANIF F CURTIS S KOSAR CR E S C E N T FOS T E R MAPLE STINSO N BURNET BL U N D E L L WESLEY SUN S E T MEL D O P A R K NORMANDY PARK BRE E Z E W A Y CA M D E N BAR R A C U D A ALAMO TALISMAN CL O D A H CA S A G R A N D E EASTER N CO N C O R D BAY R I D G E AGARIT O B A Y O U BUC K A R O O TWE L F T H TOMPKINS MADRID B R I G H T NAVAJO V E R A C R U Z HAWTHORNE BA Y C L I F F BERNANDINO SOLEDAD F L O R E S GLENDALE FAIRCH I L D CAPE FEAR GREGOR Y MONTGOMERY CAM E L L I A MEL R O S E AY E R S - C A R L T O N BRA W N E R - M E L D O PRI M R O S E SOUTHGATE KENWO O D GUADALUPE MC DANIEL RA W L E I G H RA M B L E R CLINTON BA Y S H O R E STANLEY MT VERNON/SPID KAT H E R I N E SKINNE R SWA N T N E R AB E R D E E N SH O P P I N G NEMEC-SPID MULBERRY AL L E N B A T T L I N B U C LOR R A I N E DEL M A R S - S . 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GRANA D A KING RICHARD F R I E N D S H I P CHE N O W E T H STA P L E S - S W A N T N E R WA S H I N G T O N EA S T H E W I T A L L E Y GREEN MOR N I N G S I D E KA R C H M E R CALDW E L L COTTONWOOD L O W E L L CROSS TOW N CONDEE IMPER I A L CA M P B E L L FL O R E N C E L A U R E N ROCKL A W N OC E A N - S E C O N D KENT JACQUELYN SA N T A F E - T H I R D E L V I R A JE A N P R E S C O T T NAP L E S GR E E N G R O V E PADRE ISLAND TOP E K A OCEAN SA R I T A T W E L F T H BRA W N E R T E N T H SWA N T N E R CR O S S T O W N PO E N I S C H T W E L F T H CR O S S T O W N DA Y T O N A PR E S C O T T PADRE ISLAND PAINTER MARGU E R I T E RI G G A N PADRE ISLAND C R O S S T O W N STIR M A N DR I F T W O O D T W E N T Y F I F T H MORRIS HUDSON CR O S S T O W N HOF F M A N HWY 28 6 CAT A L I N A DEN V E R HO L M E S OR M O N D BERNANDINO WILS H I R E AR L E N E BRAWNE R CH E R Y L PADRE IS L A N D GOLLIHAR OC E A N NA P L E S NOGALES ME L B O U R N E CA L V I N COR A L MARION FI G NI C H O L S O N BL U N D E L L PR E S C O T T FI F T H MO K R Y RAMSE Y O C E A N COL E VERNER HOUST O N PECAN C R O S S T O W N AS H L A N D THIRD HOWAR D AY E R S DE V O N AB E R D E E N PADRE ISLAND CH A S E MT VERNON POPE FR A N K L I N EA S T E R BER M U D A GR E E N G R O V E BR O C K GR E E N G R O V E WILMA COR A L PR I N S T O N TARLTON SOLEDAD FERN M O H A W K PADRE ISLAND T E R E S A BAR R A C U D A CHIPPE W A C R O S S T O W N KA S P E R HW Y 2 8 6 CA M B R I D G E EL G I N KAREN GRA N T IND I A N A FL O R I D A MO N E T T E LAMONT KI N G PR E S C O T T AS H L A N D DRI F T W O O D ADKINS MENDO Z A HOUSTON GUADALUPE CA M B R I D G E PRESA MORALES JO A N N F R O N T A G E MANSHEIM LAMONT HARRIETT S E V E N T E E N T H FR A N K L I N D A V I D SI X T E E N T H V E R B E N A SHERMAN BR A D S H A W ME A D O W B R O O K TEX A S GREEN CO N C O R D BRA W N E R BR E N T W O O D B A L B O A MO R A V I A N NA P L E S PO P E C R O S S T O W N AUS T I N LA N S D O W N DO D Y PADRE ISLAND SH E R I D A N PADRE ISLAND SH A R O N YALE SE C O N D O C E A N GOLLIHAR CL E O CA S T E N O N REID BRAWNE R PAS A D E N A HANCO C K STAP L E S S E R . R D OCEAN OD E M MARY ARA N S A S GREGOR Y JANSSEN THI R D PE A R S E MA R I O N PECAN B L U N T Z E R MC C A L L PADRE ISLAND SHELY MO N I T O R MIR A M A R PADRE ISLAND S T A P L E S MARY PA R A D E EI G H T E E N T H ISLLA TE A K NORTON YALE DE V O N GA B R I E L EL G I N COLEM A N DOL P H I N COLEM A N ROS S I T E R HW Y 2 8 6 CH E R Y L NA P L E S TOP E K A DOL P H I N NINE T E E N T H DILLON RUTH DO D Y OHI O FI F T E E N T H OCEAN JOHANNA DEL A I N E SH A R O N MIR A M A R BAR R A C U D A WIL L I A M S O N BAR R A C U D A CL O Y D E PADRE ISLAND NOGALES MA R I O N KI R K W O O D MO N E T T E FT W O R T H DO D D AN T H O N Y KO S A R E K MO R A V I A N NE S B I T T ST I R M A N AUS T I N DELPHINE BRA W N E R LEM I N G PADRE ISLAND AR L E N E CA D D O MO K R Y S A B I N A S MARG U E R I T E JE A N UR B A N PADRE ISLAND PRE S C O T T PADRE ISLAND BOLIVAR CR O S S T O W N SA M CUN N I N G H A M PADRE ISLAND PE N N I N G T O N GAINES PEE R M A N DEN V E R LOU I S I A N A CO S N E R ADKINS REDWOOD FIFT H SI X T E E N T H MO R A V I A N GRA N T BARNES GUADALUPE LORITTE WA S H I N G T O N CIR C L E PEE R M A N BUFOR D CAT A L I N A COR A L MO N T C L A I R DOL P H I N CO L U M B I A LA R C A D E C R O S S T O W N REID JARVIS DENVER DO D D OCEAN HORNE F R O N T A G E KO S A R E K LA V A C A PADRE ISLAND HA M L I N ELIZAB E T H BR E N T W O O D E L G I N MORR I S LAMONT HA K E L PECAN IND I A N A AR C H E RLegend FINAL ALTERNATE DISTRICT 2 µ 42 5 6 3 17 # STREET FROM TO1 BELTON CROSSTOWN REYNOSA2 BEVLY DEAD END LANSDOWN3 BOLIVAR CROSSTOWN SARITA4 BROCK STAPLES GOLLIHAR5 CHAMBERLAIN STAPLES ALAMEDA6 DALRAIDA DAKIN CARROLL 7 BELTON REYNOSA GREENWOODALTERNATE I 37 F M 6 6 5 F M 4 3 H W Y 4 4 W E B E R L E O P A R D HOLLY B E A R A Y E R S G R E E N W O O D P O R T H W Y 2 8 6 F M 2 2 9 2 K O S T O R Y Z IH 37 ACCESS BALDWIN SARATOGA PADRE ISLAND STAPLES C A R R O L L C L A R K W O O D J O E M I R E U R F L A T O GOLLIHAR S E D W I C K McARDLE R A N D M O R G A N A I R P O R T M A I N C R 3 4AGNES N A V I G A TI O N HORNE REID TIGER D A V I D ALAMEDA SACKY R H E W W E S T P O I N T H O P K I N S B U S H F R O N T A G E H EI N S O H N T E X A N NORTON VI R G I N I A B R O N C O F M 7 6 3 H A L L C R O S S T O W N TROJAN M O LI N A M A N N I N G P O S T C O L U M B I A O H I O A L P I N E A N G E L A SANTA FE V E S T A L S A R I T A C A R V E R B O C K H O L T MILO CIVITAN Y O R K M O R G A N R A M S E Y J O S E D I N N R A Y V A K Y CAPRI S U N T I D E M C B R I D E WOW B A R R E R A MANSHEIM PINSON U P R I V E R D E V O N L A N T A N A S H A W O DAY C H E Y E N N E R I C H T E R O S A G E M I A M I F R I O N I A G A R A SHELY B A T E S C LIF F M A U S SONORA L O G A N I V Y T E X A S LEXINGTON C H R I S T I E TRIPOLI H E R E F O R D OLSENMAC A R T H U R C O T T FLOYD E L VI R A G IL LI A M SO KOL SUNNYBROO K ORLANDO L O L I T A F L O R I D A AUSTIN T Y L E R O L D B R O W N S V I L L E NEMEC V A L D E Z HARRIS R O S S I T E R H A K E L S I N C L A I R 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B I R D E L I Z A B E T H PEARSE XANADU EL PASO LANDS A S P E N SEVILLE V E R A C R U Z VANDERBILT N A V A J O H U D S O N C A M A R G O M O N I T O R GAVILA N FANNIN R Y A N DELPHINE DATE D O D D R I D G E L O C K E F O R T U N E DALRAIDA K O S A R E K PECAN G I B S O N ETRING R O S E W O O D I N G L E W O O D S U N S H I N E PYLE W I N N I E H W Y 4 4 R A M P T U L O S O M E N D O Z A SAN ANTONIO S T I L L W E L L S H A S T A S P I N D L E T O P C H I C K E R Y BEVECREST A N T H O N Y C H E R R Y E K L U N D HARRIETT VALENCIA R O O T C R E S T F O R D L A N I E R P R E S C O T T CRESTHILL M O R A V I A N JUAREZ V A L L E Y E A S T E R C U N N I N G H A M CRESTWATER C H E R Y L L A R C A D E C R A N E ROSS OPPORTUNITY ROBIN CAROLYN S E R V I C E JUANITA C A R R I A G E W I N T E R S G A B R I E L A L A N I Z D I A M O N D C U T PO LLEX TRIPLE CROWN PA I N TE R H A M L E T T M O O D Y G R E E N T R E E R O B I N S O N JOHANNA W R I G H T A R C H E R GIBBS H E N D R I C K S C R E S T L E A R E C Y C L E TRENTON MORALES RIVER BEND LA JOYA S I L V E R B E R R Y FREDERICK E U N I C E T I M B E R L I N E R Y L A N BRAEBURN NOGALES C U R T I S S K O S A R BARNES C A L L E C U E R N A V A C A ALAMO C O N C O R D C H IS O L M H I L L S U L A I N E C H E S T E R CREST COLONY J E F F E R S O N G R E E N P A R K L A K E T A H O E C A L L E L A S C O L O N I A S C A M E L L I A A N G E L I Q U E W I L S H I R E HALA PIT Z E N I T H CORTA STANLEY Z A R A G O S A ELDERBERRY SWANTNER RENE C O M P L E X C O R P O R A T E Z A P A T A F R I E N D S H I P T U P P E R PANGANI D R Y E R GREEN R I O G R A N D E D I L L O N P A D R E I S L A N D H W Y 4 4 P R E S C O T T O L D B R O W N S V I L L E PADRE ISLAND U P R I V E R BRAWNER I H 3 7 A C C E S S HUDSON P A D R E IS L A N D C O S N E R B R A W N E R H W Y 4 4 P A D R E IS L A N D H W Y 4 4 GOLLIHAR I 37 C L A R K W O O D M E N D O Z A J O Y C E PADRE ISLAND HORNE K A S P E R H W Y 4 4 U P R I VE R H W Y 4 4 P E A R S E HOUSTON A G N E S D E V O N S T I R M A N S A R I T A SARATOGA S A N T A E L E N A H W Y 4 4 H W Y 4 4 N A P L E S JOYCE BRAWNER P A D R E I S L A N D CAROLYN L E O P A R D D A Y T O N A I H 3 7 A C C E S S CROSSTOWN PADRE ISLAND H A L L SHELY SARATOG A H W Y 4 4 T U L O S O H W Y 2 8 6 TARLTON H W Y 2 8 6 SARATOGA F I G G I B S O N H W Y 2 8 6 A Y E R S M O K R Y JOHANNA LANDS A G N E S REID P A D R E IS L A N D T E A K H W Y 2 8 6 OMAHA C L A R K W O O D B R A W N E R CABANISS P R E S C O T T Legend FINAL ALTERNATE HOLLY CAIN W E B E R S T A P L E SWILLIAMS E V E R H A R T BONNER PADRE ISLAND F L Y N N A I R L I N E CURTIS CLARK TIGER SHEA SCHANEN W O O L D R I D G E T R I P O L I P A T T O N O DAY S T A N D R E W S KILLARMET M E L I S A N E L S O N DEL STARR B U R T O N CORONA SPOHNCONGRESSIONAL T R E Y W A Y K E Y W E S T KEVINBRAY OLYM PIA F R E S N O BROMLEY COVENTRYCAPRI MONTEGO MT VERNON SARATOG A CORK GREENBRIAR GALWAY L E S L E L O K E Y L O S T C R E E K S A F A R I BOROS BRETT MOULTRIE 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D E N B O A R D W A L K A M I S T A D FAWN H E R R I N G P E N N I N G T O N WHITELEY VALOR S C A R L E T O A K CANTERA M I L D R E D BRUSHWOOD A L I C E R O S S I E V A N S L A N S D O W N S P A N I S H W O O D ROSE B O B A L O SOUTHHAVEN EAGLE C A P E C O D S U S A N W O O L E R I E S E A L A N E LYONS CANO L O K E Y SHADI E L D O N P R A I R I E HANLEY ASWAN S T P E T E R V E N I C E C H A M B E R L A I N O H I O W E I R E M U N E W Y O R K B I M I N I N A N C Y O R M O N D S A F A R I BOROS VINEYARD A R L E N E G I A N T S ORLEANS W E X F O R D S T I R M A N N E L L M O K R Y BRETT L I P T O N S H I R E PONTCHARTRAIN RICHLAND T E A K NELA STONEGATE P R I N C E AAVA DAYTONA B E R M U D A H O F F M A N A R N O L D M O R A Y WILLOWICK V I A L O U X OAKDALE BREWTO N C A T A L I N A C L A U D I A JESSICA HAVERHILL G L A Z E B R O O K P A R A D E B O N H A M C A B A N I S S SAN ANTONIO ESPLANADE N A H I D C O R A L UTICA FOX RUN DEM A ARMAN C A S A L I N D A D A L M A TI O N G R A N D J U N C T I O N P H I L I P OXFORD BAUER B R A E S V A L L E Y L I N D E N JUNE D O W N I N G N A G L E PIPER HINMAN P A R K V I E W A Q U A R I U S D O D D R I D G E V A N C E KERRY HIGH BANK P A S A D E N A T O B E N DONEGAL P R I M A V E R A K E R N LONG MEADOW M A R S E I L L E O L E A N D E R M AVIS C I R C L E A L A Z A N HOUSTON T U L A N E P I C A D I L L Y P A R I S HIALEAH BURNHAM W I L L O W R O O N E Y A S P E N D I C K E N S L E M I N G OCASEY SUNLIGHT J U L I A C A T C A Y M O N I T O R RIVER OAKS AIRDOME MEADOWBREEZEMALDEN F O R T G R I F F E N A B E T O H O L L A N D W I L M A N A S S A U CHICAGO M E A D O W B R O O K LOCKE RUSS K O S A R E K A Z O R E S PECAN CONVAIR CAPE ANN BAR-T LAKE SUPERIOR B A R R Y V E N T U R E I N G L E W O O D V A N E R N ADEL L A C O S T A M T ZI O N C H A R T E R C R 7 B SAVOY M E R L I N SARAZEN S I R G R E G S H A S T A U R B A N N I C H O L S O N T H E M A N S I O N S JETS C A P E A R O N L Y N D A L E E TARAFAYA R A N D A L L M O N E T T E BAHAMA W I L D E R O C K S T P I U S SPRING BROOK K A T H Y ALHAM BRA A N T H O N Y J A M A I C A C A D D O S T J O S E P H NAVY MILKY WAY P A N A Y SANDPIPER WASHAM S E A F O A M A Q U I L A O D E S S A M I C H E L I N E H A L I F A X G E I G E R JUDIE C R E S T F O R D M I L A N MAYO J O R D A N B E R L E T GRAND CANAL R O G E R S O N T A R T A N B U R K S H I R E L A N D S E N D CRESTHILL BILTMORE B I R C H W O O D PREMONT C R E S T M O R E M O R A V I A N LA R A M IE GADWELL SUEZ D A T E P A L M L A V A C A A N A C U A E G Y P T I A N WOODH AVEN M I T C H E L L J E R I C H O GERTIE B R A N D E S K Y M C A L P I N H E A V E N S G A T E P R I S C I L L A H A R B O R V I L L A G E W O O D I R O N F R U I T W O O D DENALIEGRET I D Y L W O O D ROSELAND BOBTAIL N A Z A R E T H URSA B L U E L A K E STAPLES SER.RD ROBINH OOD P A R K L A N D S K Y C R E S T NATCHEZ ESSEX E L B A A M E T H Y S T RIATA B R I S B A N E B A Y S I D E JUNIOR C A P R I C E Y A U P O N PENNY PEARSONALLMANMISTY 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FINAL ALTERNATE DISTRICT 5 µ 5 6 2 1 4 3 8 7 #STREET FROM TO1LAKE TAHOE SUN VALLEY SNOWBIRD2MICHAUXFULTONDEAD END3SNOWBIRDLAKE TAHOE SUN VALLEY4WINDOWSGRAND JUNCTION MONARCH5WOOLDRIDGE N SR LOST CREEK STAPLES6YUKONJORDANBRAZOS 7 HALFPENNY BROCKHAMPTON HAMPTON8WOODGATEHEAVENSGATENORTHGATE ALTERNATE Resolution approving the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP) WHEREAS, in 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented; WHEREAS, in 2015, Residential and Local Reconstruction Fund 1042 was created in order that funds might be deposited specific to this element of the SIP in accordance with financial budgetary policies; WHEREAS, in June 2016, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council with recommendations for the Residential Street Rebuild Program (RSRP). WHEREAS, on August 30, 2016, by Resolution No. 030938, the City Council approved the Residential Street Reconstruction Test Project to define the scope and costs of the RSRP; WHEREAS, staff has proceeded to finalize the RSRP street selection criteria, evaluation matrix and process steps ("RSRP Guiding Principles"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of, supports and directs staff to proceed with implementing the concepts, direction and selection criteria for the Residential Street Rebuild Program (RSRP). ATTEST: THE CITY OF CORPUS CHRISTI ciake__ele. it. a K4(1.co ebecca Huerta City Secretary Mayor 03108 INDEXED Corpus Christi, Texas of l61/4/{CL , 2017 The above resolution was passed by the following vote: Mayor V Rudy Garza 1-td— Paulette Guajardo Michael Hunter at Joe McComb 14-- Ben Molina Lucy Rubio 01A! Greg Smith dij. f__ he--Carolyn Vaughn 31038 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE:October 18, 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: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP)Project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 with Hanson Professional Services, Inc. to continue the development and design of the Bond 2016 RSRP Project; and to execute a geotechnical testing agreement with Professional Service Industries, Inc., for the RSRP Project. BACKGROUND AND FINDINGS: The Street Improvement Plan (SIP) is a strategy addressing maintenance and repair of the entire street system. Residential street improvements are one element of the SIP for program development, funding, and execution. Staff has been working to develop a citywide Residential Street Rebuild Program (RSRP). In 2016, Council passed a resolution approving Test Projects to provide up-to-date costing for residential street reconstruction/rehabilitation and execution process information for the RSRP. The Bond 2016 RSRP Project in the amount of $11 million was approved by voters on November 8, 2016. Street selection Engineering Contract and Testing Agreement BOND 2016 Residential Street Rebuild Program (RSRP)Project 2 criteria, an evaluation matrix and process steps (“RSRP Guiding Principles”) were approved by Council on March 21, 2017. Scope: Approximately 50% of the City’s residential streets are in poor condition and the Bond 2016 RSRP Project is one step towards addressing the situation. The Project will repair selected residential streets in all five districts. The RSRP provides for the repair of existing City residential streets by extending the life and structural integrity of existing pavement through rehabilitation or replacing failed pavement through reconstruction of a pavement section designed to current City standards. The RSRP includes improvements to pavement, curb and gutter, sidewalks, ADA as required by Texas Department of Licensing Review(TDLR), and limited underground utility improvements. The streets selected for the RSRP Project are first identified based on the Pavement Condition Index (PCI) (streets with a PCI value within the range of 35 – 55). The list is further refined based on Street Selection Matrix criteria which was approved by Council on March 21, 2017. Items included in the Street Selection Matrix are: Rideability Safety (Road Hazards) Proximity to Schools Developed Frontage Utility Conflicts Street Functionality Concrete Work (sidewalks, curb & gutter, driveways) A small contract with Hanson Professional Services (Hanson) was administratively executed on June 15, 2017, for development of a Work Plan of residential streets for implementation of the Bond 2016 RSRP Project. This Work Plan is scheduled to be presented to City Council at the October 31, 2017 meeting for review and approval. This contract amendment with Hanson will provide for preparation of required Indefinite Delivery/Indefinite Quantity (ID/IQ) documents, including bid documents for selection of construction contractors, and preparation of the delivery orders (DO’s) which include proposed repairs and quantities of work required for each specific street within the Work Plan. A DO includes: A short narrative of expected work for each street. A complete listing of included streets with pertinent data on a street by street basis. Cost data utilizing the unit bid price matrix. Aerial photo plans depicting limits of construction, areas of pavement repair, and any items required that are included in unit price bids. Any additional information that may assist the Contractor during construction. Geotechnical testing is also required to identify underlying pavement conditions used in developing DO’s. A contract for geotechnical testing is included with this agenda item. ALTERNATIVES: 1.Authorize execution of an amendment to the preliminary design contract for engineering services, and execution of a testing services agreement. (Recommended) 2.Do not authorize execution of an amendment to the preliminary design contract for engineering services and a testing services agreement. (Not Recommended) 3 OTHER CONSIDERATIONS: Hanson Professional Services, Inc. is the design engineer selected for this project under RFQ 2016-06. Professional Services Industries, Inc. is the company selected for geotechnical testing services under RFQ 2017-01. CONFORMITY TO CITY POLICY: This contract complies with City policy regarding Professional Service Contracts and financial polices as part of the FY2017 Operating Budget. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Budget $49,660 $10,950,340 $11,000,000 Encumbered / Expended Amount 49,660 0 49,660 This item 0 608,878 608,878 Future Anticipated Expenditures This Project 0 10,331,000 10,331,000 BALANCE $0 $10,462 $10,462 Fund(s): Bond 2016 Comments: N/A RECOMMENDATION: Execute Amendment No. 1 with Hanson Professional Services, Inc. in the amount of $552,667, and execute a geotechnical testing agreement with Professional Services Industries, Inc. in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Geotechnical Testing Agreement Council Presentation October 31, 2017 Residential Street Rebuild Program (RSRP) BOND 2016 Engineering Contract & Testing Agreement 1 2 Project Scope Engineering Design Contract Work Plan Development – Original Contract o Developed “candidate list” using RSRP Guiding Principles o Prepared Final Work Plan Work Plan Implementation - Amendment No. 1 (THIS ITEM) o Prepare Bid documents - Indefinite Delivery Indefinite Quantity (ID/IQ) Contracts •Up to 2 Contractors o Prepare Delivery Orders (DO’s) - 1 per District •Determine specific work to be performed at each location o Responsible for public outreach o Perform construction warranty phase services Geotechnical Services Agreement (THIS ITEM) Perform field & laboratory testing (coring samples) Identify underlying soil characteristics Information critical to accurate work specifications during DO development o Helps to ensure successful performance and longevity of new pavement 3 Project Schedule Program Estimate: 395 Days 13 months 2017 2018 N D J F M A M J J A S O N Design Bid / Award Construction PROJECT BUDGET ESTIMATE E17019 Residential Street Rebuild Program Project PROJECT FUNDS AVAILABLE: BOND 2016 General Obligation Bonds……………………………………………...………………………11,000,000$ TOTAL……………………………………………………………………………………………………………11,000,000$ FUNDS REQUIRED: Construction:…………………………………………………………………………………………………………………………………………………….………8,800,000 Construction (estimate) …………….…………………………………………………………8,000,000 Contingency (10%)…………………………………………………………...………………800,000 Design Fees:…………………………………………………………………………………………………………………………………………………………….658,538 Preliminary Work Plan (Hanson).……………………………………………………………49,660 Engineering Service (Hanson)….Amendment No. 1 (THIS ITEM)…….……………552,667 Geotechnical Services (PSI) (THIS ITEM)………………………………………………56,211 Construction Testing and Inspection:…………………………………………………………………………………………………………………485,000 Construction Materials Testing (estimate)…………………………………………………100,000 Construction Inspection (estimate)………………………………………………………… 385,000 Reimbursements (Estimate):…………………………………………………………………………………497,000 Contract Administration (Engineering/Finance/Capital Budget)…………………………220,000 Engineering Services (Project Mgt/Constr Mgt)……………………………………………275,000 Misc. (Printing, Advertising, etc.)……………………………………………………………2,000 TOTAL……………………………………………………………………………………………………………10,440,538$ ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………… 559,462$ * *Any remaining funds will be used for construction on additional streets. 37 37 181 77 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES RESIDENTIAL STREET REBUILD PROGRAM PROJECT Project Number: E17019LOCATION MAP NOT TO SCALE CITY-WIDE PROJECT N CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Hanson Professional Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Residential Street Rebuild Program (Project No. E17019): Original Contract June 8, 2017 Administrative Approval $49,660 In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No. 1, Exhibit "A". In the Original Contract, Fees shall be amended as set forth in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $552,667, for a total restated fee not to exceed $602,327. All other terms and conditions of the June 8, 2017 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI HANSON PROFESSIONAL INC. Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary �/ i/. Ji ./Iii rari A. J - ckso Vice President 4501 Gollihar Road Corpus Christi, TX 78411 361-814-9900 Office gjackson@hanson-inc.com 08/21/2017 Date K -ENGINEERING DATAEXCNANGE.ANGIEMISTREET\E17019 RESIDENTIAL ST REBUILD\A.M.ENDMENT 1 HANSON12015 1001 AMENDMENT TO CONTRACT PROFESSIONAL SERVICES.DOC REV. 10/1/15 Naismith/Hanson Engineering 1 Planning 1 Architecture 1 Allied Services Now part of Hanson Professional Services Inc. HANSON www.hanson•inc.com August 15, 2017 Mr. J.H. Edmonds, P.E. Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Amendment 1 - Residential Street Rebuild Project (RSRP) City Project No. E17019 NEI/Hanson Project No.17L0066 Dear Mr. Edmonds: Please accept this letter as our formal proposal for our Contract Amendment No. 1 on the above referenced project. The original agreement, processed as a small Architect/Engineer (A/E) agreement, was issued to complete the Street Rebuild Prioritization and will result in development of a final list of street segments to be evaluated for construction as part of the RSRP program. The work anticipated under this contract amendment consists of the development of the necessary Indefinite Delivery/Indefinite Quantity (IDIQ) construction delivery orders to execute the improvements to the identified street segments under the RSRP. Project Description: This project sets up the initial year of construction for the RSRP. Funding for the project was approved by the voters as part of the Bond 2016 election. The construction budget for the initial year is set at $8,100,000.00. Scope of Services: Design Phase (Indefinite Delivery/Indefinite Quantity 1ID/IQ1 contracts) 1. Project Meetings with City staff will be held at key milestones. The initial meeting will be to discuss the formatting required for the ID/IQ Plans and Specifications. Follow up meetings will be conducted to review the 60% submittals and the final plan submittal. 2. It is anticipated that Geotechnical Technical Testing will be completed on each of the selected street segments. The Consultant will visit each segment with a representative of the geotechnical firm, to select the optimal location for the bore(s). 3. Prepare a set of plans and specifications that will be utilized by the City for bidding in order to issue two (2) ID/IQ contracts. The ID/IQ bid set will incorporate two (2) of the five (5) delivery orders (described under the Construction Phase) and will include cross sections and details to use as the basis for unit pricing by the ID/IQ construction contractors for all items that are anticipated for the roadway rebuild program. 4. A 60% submittal of the plans and specifications will be provided for review/comment by the City. A final sealed submittal will be provided for bidding. Minor comments on the sealed set will be TBAE Firm 13553 ■ TBPE Firm 417 • TBPG Firm 50017 ■ TBPLS Firm 100395-00 4501 Gollihar Road. Corpus Christi, TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 • naismlth-engineering.com AMD. NO. 1 EXHIBIT "A" Page 1 of 5 Mr. J.H. Edmonds August 15, 2017 addressed if required. Bidding Phase Assist with the Bidding process, consisting of attending pre-bid meetings, bid openings, addressing questions and issuing addenda and recommending award. Provide documents required for CivCast. Construction Phase — Delivery Order Preparation It is anticipated that two ID/IQ contracts will be issued by the City. One ID/IQ contract will cover City Council Districts 1 and 2. The second will cover City Council Districts 3, 4, and 5. A total of five (5) Delivery Orders (Dos) will be issued to include one per City Council District. The NE will perform contract administration to include the following: 1. Attend one (1) pre -construction meeting for each DO with the City and each of the ID/IQ contractors to discuss the process of implementing the program. 2. The total construction budget for the program is $8,100,000. The distribution of funds by percent of need per District will be based on the following: District 1 23.6% of Need District 2 23.6% of Need District 3 17.5% of Need District 4 20.2% of Need District 5 14.9% of Need 3. Perform limited site visits, consisting of visual field observations, to confirm areas identified for improvements based on the previous condition assessments and prioritization. Including assessment of roadways, concrete structure or items contained in the unit bid price contracts. 4. Identify and coordinate efforts with other local authorities having jurisdiction or that may be impacted by the construction process, consisting of the Regional Transportation Authority, identified School Districts and public medical facilities providing emergency services. 5. Review the geotechnical investigations for the identified street segments. The geotechnical investigation will be completed by a third party hired directly by the City. 6. Prepare draft DOs for issuance to the Contractors. Two (2) of the five (5) DOs will be issued in a draft format as part of the ID/IQ bid documents. During the Construction Phase an updated set of DOs will be finalized and issued for the construction process. Each of the DOs will include: a. Reference to the requirements outlined in the ID/IQ contract. b. A short narrative outlining the level of effort expected to be completed on each street segment. c. Cover sheet and Vicinity/Site Map. d. Quantity/Cost Sheets shown in a table format outlining the estimated quantities, unit pricing and total estimated cost per street segment. e. Plan sheets (11"x17") for each of the street segments will include the limits of construction, areas of pavement rehabilitation, limits of areas outside the pavement section to be constructed, boring locations and descriptions for any items required that are included in the unit pricing. Typical cross sections for rehabilitation of the street segment will be provided. f. Each Delivery Order is based on having 14 plans sheets with an average of 500 LF of street per plan sheet. HANSON AMD. NO. 1 EXHIBIT "A" Page 2 of 5 Mr. J.H. Edmonds August 15, 2017 g. An option to prepare 10 additional plan sheets is included in the scope of work. The City's Project Manager will authorize the sheets if deemed necessary. h. Additional information that may assist the contractor to understand the scope of work to be completed. 7. Submit the draft delivery orders to the designated City staff and make field visits with staff and contractor to fully review the proposed scope, costs and other ancillary items. 8. Update the draft delivery orders based on City and Contractor feedback. Submit the final deliver orders for approval. 9. Conduct one (1) meeting for each DO with the Contractor and City staff to review the final delivery orders and ensure coordination prior to commencing the construction. 10. Issue the final approved delivery orders to the contractor for construction. 11. Review field and laboratory tests furnished by the City and/or the contractor. 12. Respond to Requests for Information (RFIs) that arise during the construction process. 13. Provide limited construction phase services for DOs which include bi-weekly meetings per each of the two (2) ID/IQ contracts. Each active DO will be visited bi-weekly (2 per month) throughout the duration of the DO. One visit will include a project meeting along with site visit and reporting (6 hours max per visit). The second visit will be to the sites only including reporting (4.5 hours max per visit). 14. Prepare change orders as authorized by the City (coordinate with the City's construction division). 15. Conduct, along with City Staff, a pre -final and a final inspection of the completed construction on each street segment, and provide the City with a Certificate of Completion for the Delivery Order. 16. Prepare record drawings of construction for each Delivery Order as completed. Special Services A. Permitting. Prepare and submit identified permits to the following authorities: 1 Texas Department of Licensing and Regulation (TDLR) for accessibility review by an independent Registered Accessibility Specialist (RAS). It is expected that each of the DO's will be registered as a separate project. Fees include the Registration Fee ($175), the Plan Review Fee ($315) and the inspection fee ($375). B. Topographic Surveying. A basic topographic survey will be completed on each of the street segments. Cross sections will be at 100' intervals and will include horizontal and vertical locations for the limits of sidewalk, if present, curb and gutter (C&G), storm drainage components, and the centerline of the roadway. In addition any storm drainage or sanitary sewer manholes and water or gas valves that fall within the pavement will be identified and located. Items which impact accessibility or are required for utility adjustments will also be included in the topographic survey. All other items that do not affect the intent of the improvements (power poles, hydrants, etc.) will not be surveyed but will be displayed as part of the aerial photography provided as a background. C. Asphalt Maintenance Report. Prepare a report that addresses asphalt pavement maintenance and new design options. Includes a review of common or existing methods and new technologies available to extend the life of rehabilitated pavements and new pavements. Contact contractors, local transportation agencies, suppliers and other publicly available resources to develop a short report which addresses the methods available. The anticipated HANSON AMD. NO. 1 EXHIBIT "A" Page 3 of 5 Mr. J.H. Edmonds August 15, 2017 costs and life cycle analysis for the varying systems will be addressed. D. Public Outreach. It is anticipated that public outreach will be a very important component of implementing this program. In support of the City staff, the consultant will retain a sub - consultant (Olivarri & Associates) to conduct specific public outreach associated with the work (See Exhibit A). The outreach scope consists of one (1) public meeting per City District to initiate the construction process. Thereafter the consultant (Olivarri & Associates) will assist the City with up to 80 hours of follow-up to address items which may be specific to each District or street segment. The Hanson employee time will include the preparation of exhibits required for public meetings, attendance at the public meetings and addressing any resident concerns during construction. The City's Project Manager will authorize public outreach items as deemed necessary. Warranty Phase The warranty phase is based on one 12 -month warranty period by the contractor after acceptance of the street Delivery Order by the City. As part of the warranty phase, the A/E will perform the following tasks: 1. Prepare a list of all the street segments completed per Delivery Order, recommend acceptance of the sites and commencement of the warranty period. 2. Conduct a warranty inspection of all the street segments in the Delivery Order towards the end of the 12 -month period and generate a warranty items punch list. During the inspection, the A/E will note defects that require action from the contractor to maintain, fix, restore, patch or replace in accordance with the construction contract requirements. The findings of the A/E inspection will be summarized in a report to be submitted to the City staff. The report will outline the deficiencies and provide a recommendation for correcting them. Schedule: It is expected that the final street candidate list will be approved by the City Council by the end of September, 2017. The design phase will commence immediately thereafter with a goal of advertising for bids in November, 2017. Construction Phase estimated to conclude in September, 2018. See detailed schedule attached as Exhibit B. Fees: A. Basic Services Design Phase (Two IDIQ & Two DO) Bidding Phase Delivery Orders and Construction Allowance to prepare additional 10 sheets (Authorization By the City PM is required) Total Basic Services $113,718.00 $ 9,488.00 $284,538.00 $ 41,228.00 $448,972.00 B. Special Services Topographic Surveying $38,000.00 Public Outreach (Authorization By the City PM is required) $28,520.00 Permitting $ 6,385.00 Asphalt Maintenance Report $16,280.00 ELI < HANSON AMD. NO. 1 EXHIBIT "A" Page 4 of 5 Mr. J.H. Edmonds August 15, 2017 Total Special Services $ 89,185.00 C. Warranty Phase $ 14,510.00 TOTAL CONTRACT AMOUNT $552,667.00 Once again we thank you for the opportunity to assist you with this project and we look forward to working with you, City Staff and the City Council. Should you have any questions or require any additional information, please do not hesitate to call. Sincerely, HANSON PROFESSIONAL SERVICES, INC. Grant A. Jackson, P.E. Vice -President 1:117L0066/Agreements/Amendment No. 1 Request (081517) ELI <-.: HANSON AMD. NO. 1 EXHIBIT "A" Page 5 of 5 Exhibit A Residential Streets — Strategic Assistance on Communications and Outreach Olivarri & Associates, Inc. (OA), primarily Leah Olivarri, would be available to assist the city and the project team with communications and outreach. Given the intensity of activities associated with the residential streets planning and construction effort, especially given the workload associated with other capital projects and engineering activities, additional support for the Engineering and Capital Projects PIO (city's P10) may be needed. OA would coordinate with the city's PIO and provide assistance as assigned. Below are examples of the type of services that may be required: 1. Assist with development of overall communications and outreach plan for residential streets; 2. Assist with logistics associated with public meetings, including owner data base review, set up of meetings, attendance at meetings, meeting summaries, or other tasks; 3. Assist with presentations and materials development including update information to report on progress of projects; 4. Assist with research or scrips for video segments; 5. Assist with image development for residential street effort: 6. Attendance at team or construction meetings providing reports to PIO as needed; 7. Develop media materials or notices; 8. Develop tracking system for inquiries by residents; 9. Assist with one-on-one responses/meetings with residents or other inquiries from residents; 10.Assist with review of traffic and street closure notices; 11.Assist with potential development of residential streets Facebook or other social media; 12. Development system to evaluate communication and outreach processes for future use and decision-making; and 13. Provide other assistance or back-up for the city's PIO as project evolves. 14. Serve as point of contact for residents and facilitate resolving questions/concerns by coordinating responses with appropriate City staff. AMD. NO. 1 EXHIBIT "A-1" Page 1 of 1 City of Corpus ti City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST COMPANY• Hanson Professional Services, Inc. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78411 2. Partnership 8 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the Cityof Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `firm: Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 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 None 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 None 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: Grant A. Jackson, P.E. Title: (Type or Print) Signature of Certifying Person: Vice -President DEFINITIONS Date: 08/21/2017 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 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: 2017-252481 Date Filed: 08/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hanson Professional Services Inc. Springfield, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E17019 Professional Services for Residential Street Rebuild Program 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling . 1 Intermediary Snowden, Charles Ponte Verdra, FL United States X Messmore, James Wheaton, IL United States X Biggs, Mina Springfield, IL United States X Hollahan, Dennis Springfield, IL United States X Loos, Lucinda Edwards, IL United States X Pecori, Sergio Springfield, IL United States X Ball, Jeffery Dawson, IL United States X Keim, Jo Ellen New Berlin, IL United States X Bowen, Jeffery Jacksonville, FL United States X Whalen, Daniel Bloomington, IL United States X • Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 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: 2017-252481 Date Filed: 08/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hanson Professional Services Inc. Springfield, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of COrpuS Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E17019 Professional Services for Residential Street Rebuild 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. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sigriat(re of authorize. agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE T 1 Sworn to and subscribed before me, by the said (-1C cis:\A PI !i rN JA-rV5.-,--' this the .:),4v` c( day of AllG\u S t , 20 7 to certify which, witness my hand and seal of office. , •....1•7; JOHN PENA JR - • ° .. Notary Public, Siate of Texas ::1/4..- AUGUST 24, 2019 (1)./..) �\ \ ):s\,, l ey�U JIB i, 'i s�_4\5 �"'f (;`� ` I.D.# 130342379 Printed 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 V1.0.3337 AGREEMENT for Geotechnical Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and PROFESSIONAL SERVICE INDUSTRIES, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Henry Galindo, 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: Residential Street Rebuild Program BOND 2016 GO (Proiect No. E170191 ("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 $56.211. 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 govemment, 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 ONAL S ICE INDUSTRIES, INC. 9-27-a07 Jeff H. Edmonds, P.E. Date ^1t'do, P. E. Date Director of Engineering Services r. ranc Manager 810 South Padre Island Drive Corpus Christi, TX 78416 (361) 854-4801 Office henry.galindo©psiusa.com K. ENGINEERING DATAEXCHANGEV NGIEMISTREET1E17019 RESIDENTIAL ST REBUILD%GEO TESTING PS1\15 1215 TESTING AGREEMENT DOC Rev. 12/15115 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E17019 Accounting Unit: 3554-051 Account: 550920 Activity: E 17019013554EXP Account Category: 50920 Fund Name: Street GO BOND 2016 Encumbrance No. KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E17019 RESIDENTIAL ST REBUILDIGEO TESTING PSII15 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Intertek September 22, 2017 City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Ms. Sarah West, P.E, CFM, Major Projects Engineer Re: Proposal for Geotechnical Engineering Services (Revision No. 3) Residential Street Rebuild Program (RSRP) Project No. E17019 ± 45,500 LF of Residential Streets City Districts 1 thru 5 Corpus Christi, Texas PSI Proposal No. 0325-219654 Dear Ms. West: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal to conduct a geotechnical exploration at the above referenced project. PSI thanks you for the opportunity to propose these geotechnical services and looks forward to being part of the design team. A review of project information, along with a proposed scope of services, schedule and fee information is provided below. PROJECT UNDERSTANDING Project information was provided directly by Ms. Sarah West, P.E. with the City of Corpus Christi Department of Engineering Services. The geotechnical exploration will be performed for the repair of distressed pavement. The details of the site and the proposed development are given below. TABLE 1: SITE DESCRIPTION Residential Street Locations* City District 1: 13 Streets (±11,025 LF)* City District 2: 7 Streets (±10,495 LF)* City District 3: 9 Streets (±8,400 LF)* City District 4: 7 Streets (±9,495 LF)* City District 5: 6 Streets (±6,085 LF)* Site History Existing residential streets experiencing pavement distress Site Concerns Traffic control may be required. Automobiles parking in the street obstructing drill rig. Underground utilities. Ground Surface Soil Support Capability Firm Enough for Field Equipment *The names of streets and the exact number of lineal feet of pavement to be repaired were unknown at the time of this proposal. The footages shown were provided by the City of Corpus Christi for proposal fee estimates. Professional Service Industries, Inc. (PSI) • 810 S. Padre Island Drive • Corpus Christi, TX 78416 • Phone (361) 854-4801 • Fax (361) EXHIBIT "A" Page 1 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 TABLE 2: PROJECT DESCRIPTION Pavement Description ±45,500 LF of City Wide Residential Streets Pavement Construction Type Rehabilitation or Reconstruction of Existing Distressed Pavement with New Flexible Pavement Existing Grade Change within Project Site Match Existing Final Grade Unknown Pavement repair designs will be based on AASHTO 1993 and City of Corpus Christi Pavement Requirements. Should the above information or assumptions be inconsistent with planned construction, the Client should contact the PSI office and allow necessary modifications be made to the proposal. SCOPE OF SERVICES The geotechnical engineering scope of services will include the following items. • Field exploration consisting of drilling and sampling of the subsurface materials and observing groundwater levels at the site. • Laboratory testing of the subsurface materials. • Performing engineering analysis and providing geotechnical recommendations for the rehabilitation or reconstruction of distressed pavement in written report format for each city district included in this proposal. Field Exploration PSI proposes that the subsurface conditions be explored by soil borings following the provided PSI drilling program. The table below summarizes the exploratory boring program. Table 3: Summary of Boring (Assumed 1 Boring per 500 LF Street Location Number of Boring Depth(s) Drilling Footage Borings (feet) (feet) District 1 22 5 110 District 2 21 5 105 District 3 17 5 85 District 4 19 5 95 District 5 12 5 60 TOTAL 91 455 The proposed borings will be located within street pavement and City ROW areas. The borings locations will be identified in the field using available natural landmarks or GPS coordinates. PSI understands the boring locations will be coordinated with Hanson Professional Services and GPS coordinates for the boring locations will be provided. References to elevations of various subsurface strata will be based on depths below existing grade at the time of drilling. CM -52 EXHIBIT "A" Page 2 of 5 IEXHIBIT "A" I Page 3 of 5 Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 • During the field activities, the subsurface conditions will be observed, logged, and visually classified. Field notes will be maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions. • Final depths of the borings may be extended or reduced depending on the subsurface materials identified during field activities. • PSI will contact Texas811 or other public utility clearance companies prior to the start of drilling activities. It is our experience that these companies do not mark the locations of privately owned utilities. This proposal is based on private utility lines and other subsurface appurtenances are located in the field by others prior to field activities. PSI will take reasonable care to locate all utilities prior to drilling based upon the Texas811, or other public utility clearance companies, services and field observations by PSI. • PSI will exercise reasonable caution to avoid damages to underground utilities by contacting local utility companies prior to the field activities. However, private utility locations are often unknown by public utility companies and by the utility owners. If private utility markers are located within the vicinity of the borings, PSI will contact the utility company indicated on the marker. PSI will not be responsible for damage to the site or any buried utilities that are not made known to us. • Some damage to the ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. The field crew will take reasonable care to avoid damaging the ground surface, but no restoration other than backfilling the borings is included in this proposal. Excess auger cuttings and drilling spoils not used to backfill the borings will be collected and removed from the site. • PSI will provide traffic control during drilling and sampling operations. Table 4: Anticipated Field Exploration Description Drilling Equipment Truck Mounted Drilling Equipment Drilling Method Continuous -Flight Auguring Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer Split Spoon Testing (ASTM D1586) Sampling Procedure Soils: ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 5 -foot Boring Backfill Procedures Bentonite/Asphalt Cold Patch Sample Preservation and Transportation Procedure General Accordance with ASTM D4220 Laboratory Testing Representative soil samples obtained during the field exploration program will be transported to the PSI laboratory for testing. The nature and extent of this laboratory testing program will be dependent upon the subsurface conditions identified during the field exploration program. The laboratory testing program will include moisture content tests, Atterberg limits tests, percent of fines passing the No. 200 Sieve, and other tests as required to identify the engineering characteristics of the subsurface materials. Portions of any samples that are not altered or consumed by laboratory ��i Residential Street Rebuild Program, Corpus Christi, 7X PSI Proposal No. 0325-219654 testing will be retained for 60 days after the issuance of the geotechnical report and will then be discarded. Engineering Analyses and Report The results of the field exploration and laboratory testing will be used in the engineering analysis and in the formulation of the recommendations. The results of the subsurface exploration, including the recommendations and the data on which they are based, will be presented in a written geotechnical report. PSI understands a separate geotechnical report for each of the five (5) Districts included in the rebuild program is requested. The geotechnical reports will include the following items: • A review of surface topographical features, geologic features, and site conditions; • Boring location plan and boring logs with laboratory test results of subsurface materials encountered; • Discussion of potential soil movements associated with shrinking and swelling soils at the site and methods to reduce these movements to more tolerable levels for the proposed construction; • Site preparation recommendations for the recommended street rehabilitation or, if necessary, street reconstruction; • Recommendations for the rehabilitation and/or reconstruction of the existing distressed pavements. As requested, one hard copy of the geotechnical report, and one electronic copy on CD or flash drive, will be prepared and submitted to the Client. If requested by the Client, additional hard and electronic copies can be provided. Each geotechnical report will be reviewed, signed, and sealed by a registered Professional Engineer. SCHEDULE Due to the project schedule for Delivery Order releases, PSI understands the final reports will be required to be completed with the following order and due dates: 1. Districts 2 and 5: November 27th; 2. District 3: December 15th; 3. District 1: January 12th; 4. District 4: January 26th. Based on the site accessibility, drilling can typically commence within approximately one week after receipt of authorization to proceed, weather permitting, and the clearing of underground utilities within the vicinity of the proposed borings is completed. PSI anticipates about 2 to 3 days of drilling time for each District. PSI can consult with the engineering consultants as field and laboratory test results become available and provide preliminary recommendations as required to assist in design. Delays sometime occur due to adverse weather, utility clearance requirements, site clearing requirements for drill rig access, obtaining drilling permits, obtaining Right of Entries and other factors Intertek psi EXHIBIT "A" Page 4 of 5 Residential Street Rebuild Program, Corpus Christi, TX PSI Proposal No. 0325-219654 outside of PSI's control. In this event, PSI will communicate the nature of the delay and provide a revised schedule, if needed, as soon as possible. FEE PSI proposes that the fee for performance of the outlined scope of services be charged on a unit rate basis based upon the attached Estimated Fee Breakdown. Based on the scope of services outlined above, the estimated total fee will be $56,112.00. The estimated fee is based on the boring locations being accessible to truck mounted drilling equipment and the Client providing permission for PSI to enter and access the site. It should be noted that fees associated with locating private underground utilities, reviewing construction drawings, preparing construction specifications, attending special conferences, providing environmental consulting, and any other work requested after submittal of the report is not included in the proposed fee. AUTHORIZATION PSI will proceed with the work upon issuance by the City of Corpus Christi of the Notice To Proceed (NTP). CLOSING We appreciate the opportunity to offer professional services for this project and looks forward to being part of the design team. If there are any questions, please feel free to contact our PSI office. Respectfully submitted, Professional Service Industries, Inc. ovts�`' Hen , ' alindo, P.E. Dexter Bacon, P.E. Chief Engineer Branch Manager IEXHIBIT "A" Page 5 of 5 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 1 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 Tess 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 1 reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is domiciled in Texas) Employer's Liability not Statutory $500,000/$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 Tess 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 CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. IEXHIBIT "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. 1 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 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 0110112017 Total Current Previous 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 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 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% 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 Christi City of Corpus Christi Ordinance 17112 as amended,, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Professional Service Industries, Inc. P. O. BOX: STREET ADDRESS: 810 South Padre Island Drive CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 4. Association 2. Partnership ❑ 5. Other 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N 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 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: Henry Galindo, P.E. _itle: (Type or Priv Signature of Certifying Person: Branch Manager DEFINITIONS Date: 1:1)-74PP17 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. 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: 2017-267842 Date Filed: 10/03/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Professional Service Industries, 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. E17019 Geotechnical Engineering Services 4 Name of Interested Party Ci ty,State, Country (place of business) Nature of interest (chock applicable) Controlling Intermediary Grigsby, Michael Houston, TX United States X Andrews, Todd Arlington Heights IL United States X Dayton, Doug Arlington Heights IL United States X Tlemann, Gregg Arlington Heights. IL United States X Campbell, Gavin Arlington Heghts, IL United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 sweav or affirm, under per- ty of perjury, that the above disclosure is true and correct AFFIX Sworn 20- I " I01 REYNA RODRIGUEZ Notary ID • 124230215 ,/ My Commission Expires ���,r► July 19. 20' a, NOTARY STAMP I SEAL ABOVE to and subscribed before me, by the said Sinatur .utharizi d a ent of contracting business entity ,,r�� I - e - C 4ifir1 � this the day of e i�aer , r a_, to certify which, witness my hand and seal of office. 4..a— 2tif1444 2°1115"-e Z 44114),P4a.AW 14 41-1144-1 officer administering oath Signature of officer a roistering oath Printed name of officer administering oath Title of Forms provided by Texas Ethics Commission www 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: 11/7/2017 Legistar Number: 17-1082 Agenda Item:Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $552,667 for a restated fee of $602,327; and to execute a geotechnical testing agreement with Professional Services Industries, Inc., of Corpus Christi, Texas in the amount of $56,211 for the Bond 2016 Residential Street Rebuild Program (RSRP)Project. Amount Required: $ 608,878 Fund Name Accounting Unit Account No.Activity No.Amount Street GO BOND 2016 3554-051 550950 E17019-01-3554-EXP $552,667 Street GO BOND 2016 3554-051 550920 E17019-01-3554-EXP 56,211 Total $608,878 □ Certification Not Required Director of Financial Services Date: __________________________, 2017 DATE:October 11, 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 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the O.N. Stevens Water Treatment Plant (ONSWTP) Maintenance Building for Total Base Bid. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract. BACKGROUND AND FINDINGS: CIP Description: The City initiated ONSWTP Raw Water Influent Improvements project to eliminate all hydraulic constrictions in front-end piping and increase water treatment capacity. The existing maintenance building blocks the headworks improvements at the plant. In addition, it cannot meet requirements of mechanical, instrumentation and electrical needs in operations and AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 Construction Contract O.N. Stevens Water Treatment Plant Maintenance Building (Capital Improvement Program) maintenance. A new ONSWTP Maintenance Building will include three work shops, offices, and workstations to accommodate approximately twenty staff. A shared overhead traveling bridge crane will be available for two shops to handle work items up to five tons. Project Scope: The location of existing maintenance building at the ONSWTP conflicts with the proposed raw water improvements project. Based on the difficulty of de-conflicting the needed raw water piping improvements with the existing building location, the decision was made to abandon the existing building and reconstruct it in a better location. The new building will also be better able to support the electrical, mechanical and instrumentation maintenance mission. This scope of work includes construction of an 8,400 square-foot metal maintenance building with three shops, space to accommodate 20 workers, overhead doors to accommodate large equipment, an overhead bridge crane, site work, grading, paved parking and laydown areas. On September 13, 2017, the City received a proposal from one (1) bidder. That bid was responsive and within the Engineer’s Estimate. The City’s Engineer, Freese and Nichols, Inc., analyzed the sole proposal. The lowest responsible bidder, based on the quantities provided for evaluation purposes, is Pepper Lawson Waterworks, LLC. Based on a review of Pepper Lawson Waterworks’ experience and resources from the information they submitted in accordance with the contract documents, Pepper Lawson Waterworks is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize execution of construction contract. (Recommended) 2. Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: Following the City’s standard procurement procedure for construction services, construction documents were posted on the CivCast website for one-month public advertisement. During this time, Freese and Nichols, Inc., contacted several general contractors soliciting participation on this project, six contractors attended the pre-bid meeting. A total of ten general contractors and dozens of subcontractors/manufacturers were registered as plan holders on the CivCast project portal (plan holders attached). In spite of the pre-bid interest, the City only received one construction bid from Pepper Lawson Waterworks, LLC. Pepper Lawson is the contractor currently working on City’s ONSWTP High Service Pump Building No.3 (HSPB#3) project. That fact probably limited the number of bids received. Other contractors were aware that the existing HSPB#3 contractor was bidding and would probably have an advantage by already being mobilized on site. The construction market is also experiencing high demand, and most contractors have a significant backlog. CONTRACTOR BASE BID Pepper Lawson Waterworks, LLC The Woodlands, Texas 1,662,390 Engineer’s Opinion of Probable Construction Cost 1,836,300 After bid opening, City staff and the Consultant Engineer analyzed the construction proposal and deemed this bid is beneficial for the City based on the following evidence: The bidder is a reputable water treatment facility contractor and is working on another ONSWTP project; The bid was approximately $175,000 lower than the Engineer’s Opinion of Probable Construction Cost (OPCC); This bid is a reasonable cost for the construction with the building construction elements averaging $131/square foot (SF). This project is in the critical path to proceed with ONSWTP Raw Water Influent and Chemical Feed System Improvements project which are intended to improve water quality and treatment capacity of ONSWTP. Re-bidding the project is not likely to produce more bidders or lower bids but will require additional administrative and professional service costs. The Engineering Department and the Utility Department are, therefore, recommending award of the ONSWTP Maintenance Building construction contract to Pepper Lawson Waterworks, LLC. 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 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP)2,400,000 2,400,000 Encumbered / Expended Amount This Item 1,662,390 1,662,390 Future Anticipated Expenditures This Project 406,239 406,239 BALANCE 331,371 331,371 Fund(s): Water CIP #6 Comments: This project requires approximately 225 days for construction with anticipated completion in August 2018. This construction contract will result in the expenditure of an amount not to exceed $1,662,390. RECOMMENDATION: City Staff recommends approval of a construction contract with Pepper Lawson Waterworks, LLC of The Woodlands, Texas in the amount of $1,662,390 for the ONSWTP Maintenance Building for Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Letter of Recommendation Plan Holders List PROJECT BUDGET ESTIMATE FUNDS AVAILABLE: Water CIP……………………………………………………………………………………………………………………….$2,400,000 TOTAL FUNDS AVAILABLE……………………………………………………………………………………………………………………….$2,400,000 FUNDS REQUIRED: Construction and Contingency:……………………………………………………………………………………………………………………1,828,629 Construction (Pepper Lawson Waterworks, LLC) THIS CONTRACT………………………………………………………………………………1,662,390 Contingency 10%……………………………………………………………………………………………………………………166,239 Construction Inspection and Testing:……………………………………………………………………………………………………………………119,000 Construction Inspection Estimate……………………………………………………………………………………………………………………84,000 Construction Materials Testing Estimate……………………………………………..35,000 Reimbursements:………………………………………………………………………………………………………….121,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)……………………….48,000 Engineering Services (Project Mgmt/Constr Mgmt) …………………………………………………………………………….72,000 Misc…………………………………………………………………………………………………………………………….1,000 TOTAL………………………………………………………………………………………………………………………………………$2,068,629 ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………$331,371 This contract was designed under another project. The construction of the maintenance building was pulled out as a separate project due to necessary construction sequencing of all planned work. O.N. STEVENS WATER TREATMENT PLANT MAINTENANCE BUILDING 37 37 77 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N O.N. Stevens Water Treatment Plant Maintenance Building Project Number: E16427LOCATION MAP NOT TO SCALE PROJECT LOCATION Council Presentation October 31, 2017 O.N. Stevens Water Treatment Plant Maintenance Building 1 2 ONSWTP Raw Water Influent Cost * Demolition of Maintenance building is included with estimation $45,000 Items Engineer's Estimate ($) Existing raw water infrastructure demolition $860,000 Site Piping and electrical work $5,730,000 Raw water metering structure $1,100,000 Raw water junction structure $1,160,000 CL2 and LAS pumped diffusion flash mix and splitter structure $1,645,000 Plant 1 pump diffusion flash mix and metering vault $1,080,000 Plant 2 pump diffusion flash mix and metering vault $1,080,000 Mobilization (5%)$633,000 OH$P (15%)$1,900,000 Contingency (20%)$2,200,000 Total (Estimate)$17,388,000 3 ONSWTP Chemical Feed Cost Analysis Items Engineer's Estimate ($) Existing chemical feed infrastructure demolition $32,500 Site Piping and electrical work $4,016,000 West chemical storage $1,653,000 East chemical storage $592,000 Plant 1 rapid mix and sedimentation $465,000 Plant 2 rapid mix and sedimentation $465,000 Cl2 and LAS flash mix pumped diffusion $230,000 Mobilization (5%)$373,000 OH$P (15%)$1,190,000 Contingency (20%)$1,490,000 Total (Estimate)$10,506,500 4 Why this project is needed •Blocks pipe routing for ONSWTP Raw Water Capacity/Quality Improvements projects •In the midst of chemical feed tanks and near chlorine delivery area (TCEQ and Safety issues) 5 Existing Maintenance Facility •A modified shell installed in 1990’s •No lift equipment for large repairs/maintenance •Inadequate work space for 20 FTEs 6 Existing Maintenance Facility (Cont.) •Unable to carry out repairs and maintenance of large parts •External contactors for moving heavy equipment 7 Project Highlights New maintenance building •Pre-engineered metal building (8,400 SF), one-story •20 staff working area •Two-ton bridge crane •Three workshops •Part storage/warehouse •Concrete foundation •Windstorm certification •Emergency vehicle access •Site work 8 Construction Bid Cost •$175,000 lower than the Engineer’s Estimate (OPCC) •$75,000 allowance accounts for unexpected conditions, may not be needed. Items Cost ($)Unit price ($/SF) Mobilization (bonds, insurance, traffic control, Storm water pollution protection, etc.)$99,155 $11.80 Site improvements $304,650 $36.27 Water line improvements $17,676 $2.10 Wastewater line improvements $23,233 $2.77 Gas line improvements $6,915 $0.82 Electrical conduit for future I.T $30,825 $3.67 Maintenance building $1,104,936 $131.54 Allowance $75,000 $8.93 Total $1,662,390 $197.90 9 Construction Bid Reasons for one bid received: •Existing contractor has cost-saving advantages as already working on site •Construction market booming Re-Bid will result in: •Mobilization $125,000 •More expenditures in consulting fee, administrative fees of construction bids, and construction delay Recommend: Award to current bidder is in best interest of the City 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: 2017-264434 Date Filed: 09/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pepper Lawson Waterworks, LLC The Woodlands, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. The 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. E16427 O.N. Stevens WTP Maintenance Building 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cadagua US, LLC Austin, TX United States X Webber, LLC The Woodlands, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT II Cirv.PDANNA E HEULE1 Notary ID#131029938I My Commission Expires !March 3, 2021 I swear, or affirm, , un penalty of perjury, that the above disclosure is true and correct. Emilio Lopez Pacetti Sig Pacetti ture of authorized agent of contracting business entity , this the 22nd day of September, AFFIX Sworn 20 17 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said , to certify which, witness my hand Emilio Lopez and seal of office. Anna E. Heule Estimating Coordinator/Notary Signature of o ice 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 800 N. Shoreline Blvd., Suite 1600N  Corpus Christi, Texas 78401  361-561-6500  fax 361-561-6501 www.freese.com September 20, 2017 Jeffery Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: O.N. Stevens WTP Maintenance Building City Project No. E16427 Mr. Edmonds: The City of Corpus Christi received a sealed bid proposal for the above referenced project on September 13, 2016 at 2:00 p.m. at the City Secretary’s office. Attached is a tabulation of this bid proposal. One (1) sealed bid was received for this construction project. The bid proposal was properly executed and submitted in compliance with the bidding requirements for this project. No irregularities were noted in the bid. The bid breakdown for the bid is shown on the attached Tabulation of Bid(s), and the Base Bid is summarized below: Bidder Total Base Bid Pepper Lawson Waterworks $1,587,390.00 There was an allowance of $75,000 on the job for all bidders for unanticipated repairs. There are no Additive Alternates on this project. The Engineer’s Opinion of Probable Construction Cost for this project, including the allowance, was $1,836,300. Pepper Lawson Waterworks is the apparent low bidder for this project based on Total Base Bid or Total Base Bid plus Allowance. Total Base Bid plus Allowance Pepper Lawson Waterworks $1,662,390 Based on the City's evaluation criteria for this project, Pepper Lawson Waterworks is the lowest qualified Bidder, and their Total Amount Bid is within the City's construction budget. Therefore, FNI recommends that the City award the construction contract for O.N. Stevens WTP Maintenance Building (City Project No. E16427) to Pepper Lawson Waterworks. of The Woodlands, Texas in the amount of $1,662,390.00 for the scope of work including the base bid plus allowance at this time. The allowance will only be utilized at the City's discretion. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. OF p...•... TF II/za.ci fr.* io�7 , . * # 1• 117 ▪ * BRIAN D. BRESLER % ▪ i '0 p'• 112706 • o ••. (,C II'�c•• ENS. • sec, FREESE AND NICHOLS, INC, TEXAS REGISTERED ENGINEERING FIRM F-2144 cc: Daniel Deng, P.E. Attachment: Tabulation of Bids E16427 O.N. Stevens Water Treatment Plant Maintenance Building Company Industrial Solutions, Inc Associated Construction Partners Ltd Barcom Construction, Inc. Jericho Inc SafeNet Services, LLC Pepper Lawson Waterworks | a Division of Webber JE Construction Services, LLC PPD&C, LLC Progressive Structures HASEN Construction Services Texas Reexcavation LC Professional Application Services, Inc. Large & Sons Foundation Drilling T & G Services - Field Division Hub City doors Highway Barricades and Sevices LLC Integrated Corrosion Delta Rigging and Tools Altus Traffic USA Garland Heating and Air Conditioning Sixense, Inc TOM WRIGHT CONSTRUCTION,LLC Safety First Traffic Solutions The Turner Co. FERGUSON PLANT DIVISION Benningfield Steel Fabrication, LLC CMC Rebar Waukesha-Pearce Industries Process Solutions Southern Crushed Concrete Southern Crushed Concrete King Fabrication, LLC Seguin Fabricators, Misc Metals Fabricator SolkaNavaTorno, LLC Carl Crull, P.E. Freese and Nichols Freese and Nichols, Inc. Halff Associates, Inc. Martinez, Guy & Maybik Freese and Nichols, Inc. City of Corpus Christi Armorock ICP L&R Precast Concrete Work Inc. Deltek JNB Paint Bid Tracker Webber, LLC North America Procurement Council AMTEK Austin Mcgraw-hill Construction Bid Source UT Austin Contractors Register, Inc. Del Mar College PTAC Virtual Builders Exchange ConstructConnect The Blue Book Anchor Sales & Service Garrett Construction Company Safety First Traffic Solutions RS Water Holdings Hydro Ex LLC Chanin Engineering, LLC knape Associates Martin Marietta Mako Contracting Fastco sandblasting and painting Black Castle General Contractor innovative soil solutions Vulcan Materials Company Mickie Service Forterra Pipe & Precast TITAN PIPE & SUPPLY COMPANY, INC. Two Guns Consulting & Construction, LLC Texas Rhino Shield Terrapure Environmental (Environmental Solutions) Rigid Global Buildings System Controls & Instrumentation S Thomas Construction, LLC. American Steel Building Co. Urban Engineering City of Corpus Christi Capital Programs South Texas Steel HAAS-ANDERSON CONSTRUCTION, LTD DATE:October 10, 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 William J. Green, Interim Director of Development Services BillG@cctexas.com (361) 826-3276 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: 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 $67,450 for the Allison Basin Wastewater Master Plan Update. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional services contract for Allison Basin Wastewater Master Plan Update. BACKGROUND AND FINDINGS: The purpose of the City’s Wastewater Master Plan is to ensure the wastewater collection systems are designed to satisfy current and future demands. The northwest portion of the Allison Wastewater Treatment Plant (WWTP) service area has experienced significant growth in AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 Professional Services Contract Allison Basin Wastewater Master Plan Update recent years. The existing Wastewater Master Plan needs to be updated to account for recent and proposed growth patterns. Development Services and the Water Utilities Department have jointly requested an update to the Wastewater Master Plan in the northwest portion of the Allison basin to allow for the orderly development of the wastewater collection system. The scope of this project is to update land use assumptions and flow projections in the study area. The existing hydraulic model will be utilized to assist in identifying phased collection system improvements, downstream impacts of projected flows, and to develop planning level cost estimates for recommended improvements. The proposed collection system improvements and recommended future implementation plan will then be summarized in a technical memorandum. Development Services will use the technical memorandum to update the existing Wastewater Master Plan. The Master Plan update will be presented to City Council for review and approval in the June 2018 timeframe. Freese and Nichols, Inc. was selected as Consulting Engineer for this project through Request for Qualifications No. 2017-01 for Public Works, Engineering, Planning and Testing Services. ALTERNATIVES: 1. Authorize execution of contract. (Recommended) 2. Do not authorize execution of 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 Development Services Department FINANCIAL IMPACT: Operating □Revenue □Capital □ Not applicable Fiscal Year 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (Wastewater Operating)78,000 78,000 Encumbered / Expended Amount This Item 67,450 67,450 Future Anticipated Expenditures This Project 4,400 4,400 BALANCE 6,150 6,150 Fund(s): Wastewater Operating Comments: The contract amendment will result in the amount not to exceed $67,450. RECOMMENDATION: City Staff recommends approval of a professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $67,450 for Allison Basin Wastewater Master Plan Update. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Form 1295 (in contract) Presentation PROJECT BUDGET ESTIMATE FUNDS AVAILABLE: Wastewater Operating ……………………………………………………………………………………….$78,000 TOTAL FUNDS AVAILABLE…………………………………………………………………………………….$78,000 FUNDS REQUIRED: Professional Services Contract (Freese Nichols) THIS ITEM…………………………………………………………67,450 Reimbursements:………………………………………………………………………………………………………….4,400 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)……………………….1,560 Engineering Services (Project Mgmt) …………………………………………………………………………….2,340 Misc…………………………………………………………………………………………………………………………….500 TOTAL………………………………………………………………………………………………………………………………………$71,850 ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………$6,150 Allison Basin Wastewater Master Plan Update 37 77 37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N Allison Basin Wastewater Master Plan Update Project Number: E17082LOCATION MAP NOT TO SCALE PROJECT LOCATION 37 Page 1 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.DOC CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E17082 ALLISON BASIN WASTEWATER MASTER PLAN UPDATE 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 North Shoreline Boulevard, 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 2 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 as Exhibit 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- 1. 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 3rd party owners/operators. Page 3 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 $67,450. 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, as shown in Exhibit B-1, 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 4 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. Page 5 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 W ork 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 6 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 7 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 8 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 9 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 filing 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 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 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 10 Rev. 17-9 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17082 ALLISON BASIN WW MASTER PLAN UPDATE\CONTRACT\CONTRACT.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 of compensation, 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://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/legalich46.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/govemment/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 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. 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. to's ' fl Jeff H. Edmonds, P.E. Date Ron( uzma , P.E. Date Director of Engineering Services Principal 800 N. Shoreline, Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 651-6501 Fax APPROVED AS TO LEGAL FORM rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Project Number E17082 Accounting Unit 4200-33000-042 Account 530000 Activity E17082 -01 -4200 -EXP Account Category 30000 Fund Name Wastewater Operating Amount $67,450 MENGINEERING DATAEXCHANGEIJENNIFIRWASTEWATEME771382 ALLISON BASIN WW MASTER PLAN UPOATEICONTRACTCONTRACT.DOC Page 11 Rev. 17-9 10431 Morado Circle, Suite 300 Austin, Texas 78759 512-617-3100 fax 512-617-3101 www.freese.com September 18, 2017 Mr. Jiangang (Daniel) Deng, P.E. Major Projects Engineer City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Re: Allison Basin Wastewater Master Plan Update Freese and Nichols Professional Services Proposal Dear Mr. Deng, Freese and Nichols, Inc. (FNI) is pleased to provide our Allison Basin Wastewater Master Plan Update professional services proposal. Project Understanding: Freese and Nichols, Inc. (FNI) understands that the City of Corpus Christi (City) requires an amendment to the Wastewater Master Plan in the northwest portion of the service area in the Allison WWTP Basin. City Planning staff will provide updated Land Use Assumptions for the study area that includes residential population and non-residential acreages. It is assumed that the City’s SewerGEMS hydraulic model is a reasonable representation of the existing collection system in the Allison WWTP Basin and that the model will not require significant updates or calibration. The purpose of this Wastewater Master Plan Amendment study is to update the land use assumptions and flow projections in the study area, utilize the hydraulic model to assist with the identification of phased collection system improvements to serve projected flows, and to develop planning level cost estimates for recommended improvements. The assumptions, methodology, and recommendations will be summarized in a technical memorandum. Basic Services: 1. Data Collection and Review: A data request memorandum will be prepared and submitted to the City. FNI will review and analyze available data that is pertinent to the study area. Data requested may include previous Wastewater Master Plan documents, the hydraulic model, historical flow data, and development plans. Exhibit A Page 1 of 3 Page 2 2. Update Wastewater Flow Projections in Study Area: FNI will update the wastewater flow projections for existing, 2025, and buildout conditions in the study area based on updated land use assumptions and selected design criteria (gpcd, peaking factor) from the 2004 Wastewater Master Plan. 3. Conference Call: FNI will conduct a conference call with City staff to review updated land use assumptions and flow projections. FNI will solicit comments on the flow projections and make revisions as needed based on direction from the City. 4. Basin Delineation: FNI will evaluate the study area to determine potential sub-basin boundaries that will allow smaller lift stations or phased improvements that extend further out from the existing collection system. 5. Hydraulic Analysis: FNI will utilize the City’s SewerGEMS model to perform hydraulic analysis of the wastewater collection system and its ability to convey projected peak flows. FNI will evaluate the impacts of the updated flow projections on local and downstream conveyance infrastructure. FNI will perform hydraulic modeling for existing, 2025, and buildout peak wet weather flow conditions. 6. Development of Improvement Alternatives: FNI will utilize the hydraulic modeling analysis results to evaluate improvement alternatives to convey projected peak flows. The improvement alternatives will be evaluated with considerations for maximizing existing infrastructure and phasing improvements to defer capital costs. 7. Progress Meeting: FNI will attend a meeting with City staff to discuss the hydraulic analysis and improvement alternatives. FNI will solicit comments on the proposed improvements and make revisions as needed based on direction from the City. 8. Cost Estimates: FNI will update the capital improvements plan (CIP) for the study area and provide planning level cost estimates in 2017 dollars for the proposed improvements. 9. System Mapping: FNI will create an overall map showing the proposed improvements in the study area. Block maps will also be provided using the same template as the current Allison Basin Wastewater Master Plan so that the sheets with revised improvements can be replaced in the current plan. Shapefiles of the proposed improvements will be provided to the City. 10. Technical Memorandum: FNI will develop a technical memorandum (TM) summarizing the assumptions, methodology and findings of the study. FNI will deliver one (1) electronic PDF copy of the TM. Special Services: A. Update Land Use Assumptions in Study Area: Based on development information received, FNI will update the land use assumptions for the service area to be defined by the City. Residential units and commercial acreages for existing, 2025, and buildout conditions will be identified within the service area. B. Stakeholder Meetings: FNI will attend up to three meetings with the Planning and Zoning Committee and/or City Council to discuss the results of the study. FNI will prepare presentations and/or meeting materials as needed. Exhibit A Page 2 of 3 Page 3 Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of Fifty-Three Thousand Nine Hundred Dollars ($53,900). An additional allowance for Special Services to be authorized as needed for a fee not to exceed Thirteen Thousand Five Hundred Fifty Dollars ($13,550) as shown in the table below: Basic Services Fees A. Basic Services $53,900.00 B. Special Services $13,550.00 Total Authorized Fee $67,450.00 Project Schedule: ·Deliver Technical Memorandum within three months of City providing Land Use Assumptions for the study area We look forward to working with your team on this project. Please feel free to contact me at 512-617- 3192 if you have any questions. Respectfully, Freese and Nichols, Inc. Stephanie Neises, P.E. Project Manager Ron Guzman, P.E. Vice President/Principal Exhibit A Page 3 of 3 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements.EXHIBIT "B" If applicable, refer to the contract for information on what to include with time and materials (T&M).Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): ` HOURLY RATE ($/hr) TX REGISTRATION #: 1 Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 Contract for Professional Services Exhibit C 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 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 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 Contract for Professional Services Exhibit C 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. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: 800 N. Shoreline Blvd., STREET ADDRESS: Suite 1600N CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 2.2$, v.y a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-260510 Date Filed: 09/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Allison WW Provide Professional Engineering services as requested by the City of Corpus Christi relating to the Allison Basin Wastewater Master Plan Update project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Cole, Scott Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X New, John San Antonio, TX United States X Taylor, Jeff Houston, TX United States X Milrany, Cindy Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 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. tiii:Wik LISA BOGGS - Notary Public, State of Texas My Commission Expires 06/25/2019 Signature o uthorized a ent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE f Sworn to and subscribed before me, by the said crt 6 LtEr- "1a1 , this the 1 ` day of, ctriefil her, 20 1 7 , to certify which, witness my hand and seal of office. 4,14 k6f-tort 121A-10(r.c., ministering oath Li SQ. --Px, ignature of . cer adrdiii ring oath Printed name of officer u rristering oath Title of officer Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V1.0.3337 Council Presentation October 31, 2017 Allison Basin Wastewater Master Plan Update 1 2 Project Location ALLISON BASIN WASTEWATER MASTER PLAN UPDATE 3 Project Vicinity 4 Project Scope This project includes: •Update land use assumptions and flow projections in study area •Utilize hydraulic model to assist in identifying phased collection system improvements and the downstream impacts •Develop planning level cost estimates for recommended improvements •Prepare technical memorandum summarizing findings 5 Project Schedule Project Duration: 3-5 Months DATE:October 18, 2017 TO:Margie C. Rose, City Manager FROM:Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 CAPTION: . Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program. PURPOSE: The purpose of the Assistance to Firefighters Grant (AFG) Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. The CCFD has been awarded a $314,361 grant which requires a 10% hard match of $31,436. The funds will be utilized to (a) provide training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications (b) provide hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. ALTERNATIVES: None OTHER CONSIDERATIONS: None Acceptance of a grant in the amount of $314,361 from the Department of Homeland Security, Assistance to Firefighters Grant Program with a required hard match of $31,436. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 31, 2017 Second Reading Ordinance for the City Council Meeting of November 7, 2017 CONFORMITY TO CITY POLICY: Council approval needed to accept grant. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Grants FINANCIAL IMPACT: □Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $345,797 $345,797 BALANCE $345,797 $345,797 Comments:None RECOMMENDATION: Staff recommends accepting the grant in the amount of $314,361 from the Department of Homeland Security, Assistance to Firefighters Grant Program with a required hard match of $31,436. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436; and appropriating $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency into the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi to accept grant for the for Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters; WHEREAS, the City of Corpus Christi shall agree to make available non-federal funds in an amount equal to and not less than 10 percent of the grant awarded; and WHEREAS, failure to adhere to the award conditions will cause the City of Corpus Christi to be considered in default of the grant agreement, and may require the return of all federal funds disbursed under the grant. Be it Ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.The City Manager or designee is authorized accept a grant in the amount of $314,361 from the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program with a City hard match of $31,436. SECTION 2. That $314,361 grant is appropriated in the No. 1062 Fire Grants Fund to carry out Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications and providing hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. 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 View Award Package Page 2 of 24 pETAirk^ U S Department of Homeland Secunty Washington D C 20472 FEMA 4 V St- Congratulations, 4 Ms. Jessica Thomas City of Corpus Christi Fire Department 1201 Leopard Corpus Christi, Texas 78400-2825 Re: Award No.EMW-2016-FO-02944 Dear Ms. Thomas: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2016 Assistance to Firefighters Grant has been approved in the amount of $314,361.00. As a condition of this award, you are required to contribute a cost match in the amount of $31,436.00 of non -Federal funds, or 10 percent of the Federal contribution of $314,361.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' e -grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2016 Assistance to Firefighters Grant Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM,gov, Your registration must be completed on-line at https://www.sam.Qov/Dortalioublic/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms. please follow these instructions: Step 1: Please go to https://portal.fema.aov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system. Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line, Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action, In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished_ we recommend printing your award package for your records. Step 2: If you accept your award, you will see a link on the left side of the screen that says "Update 1199A" in the Action column. Click this link. This link will take you to the SF -1199A, Direct Deposit Sign-up Form. Please complete the SF -1199A on-line if you have not done so already. When you have finished, you must submit the https://eservices.fema.gov/FemaFireGrarlt/firegrant/jsp'fire_admin/awards/ specIview_award ... 6/26:'2017 View Award Package Page 3 of 24 form electronically. Then, using the Print 1199A Button, print a copy and take it to your bank to have the bottom portion completed. Make sure your application number is on the form. After your bank has filled out their portion of the form, you must fax a copy of the form to FEMA's SF -1199 Processing Staff at 540-504-2883. You should keep the original form in your grant files. After the faxed version of your SF 1199A has been reviewed you will receive an email indicating the form is approved. Once approved you will be able to request payments online. If you have any questions or concerns regarding your 1199A, or the process to request your funds, please call (866) 274-0960. Sincerely, aa") Bridget Bean Acting Assistant Administrator for Grant Programs https://eservices.fema.gov/FemaFireGrant/firegrantljspffire__admin/awards/spec/view _award ... 6/26/2017 DATE:September 29, 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 CAPTION: Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) PURPOSE: The purpose of this agenda item is to obtain authority to execute a Master Service Agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of October 31, 2017 Second Reading for the City Council Meeting of November 7, 2017 Master Service Agreement Seawater Desalination (Capital Improvement Program) BACKGROUND AND FINDINGS: CIP Description:Seawater Desalination To provide the City with reliability, security, sustainability and availability of seawater as possible future water source, this project provides preliminary design of seawater desalination plant. The scope of this project includes governmental funds application, plant site selection, desalination technology design, water infrastructure integration plan, source water characterization, project cost analysis, etc. Project Background: The City of Corpus Christi (City), as the largest wholesale water provider in the Coastal Bend Region, has a long history of planning for and developing water supplies to meet current and future needs. Seawater desalination is a recommended water management strategy in both the 2016 Region N Regional Water Plan and 2017 State Water Plan. This strategy is currently recommended to meet manufacturing and steam-electric needs in Nueces and San Patricio Counties starting in the 2030 decade. However, the City anticipates the plant may be designed to produce water meeting drinking water requirements and this water will be fully incorporated into the regional water supply system. To provide the City and Region with a diverse, reliable, secure, sustainable future water supply and boost development of district economy, the City issued a Request for Qualifications (RFQ) No. 2014-06 - Owner’s Representative Services for Industrial Seawater Desalination on September 15, 2014. Based on selection criteria published in the RFQ, Freese and Nichols, Inc., (FNI) team was selected as the most highly qualified consultant firm by the selection committee consisting of technical representatives from the City and area Stakeholders. On November 18, 2014, by Resolution No. 030355, City Council endorsed and authorized the City Manager’s execution of a Letter of Intent to Proceed with the Corpus Christi Regional Economic Development Corporation (CCREDC), the San Patricio Municipal Water District (SPMWD), and the Port Industries of Corpus Christi (PICC) to develop the feasibility for an Industrial Seawater Desalination Facility in the Corpus Christi area. An original Architect/Engineer contract for Phase I of Seawater Desalination Feasibility was awarded to FNI in May 2015 with the cost shared by City for $47,745, CCREDC for $150,000, and PICC for $150,000. Phase I of Seawater Desalination Feasibility was accomplished in December 2015 and resulted in definition and selection of a preferred prospective seawater desalination project. In view of the complexity of the seawater desalination project, the stakeholders determined several fundamental activities needed additional definition and concurrence prior to initiating Phase II Project Procurement and Implementation. In July 2017, the City was awarded $2.75 million in deferred financing from the State Water Implementation Revenue Fund for Texas (SWIRFT) for planning a seawater desalination treatment project. SWIRFT funds will be used to support needed additional fundamental activities for planning the seawater desalination project. Project scope includes, but is not limited to, project procurement methodology, concentrate management strategies, seawater desalination project siting, site surveys and studies, source water characterization, confirmation of plant size, water users, water demand, points of product water delivery, infrastructure integration plan, conceptual design of intake and outfall facilities, power supply agreement, project delivery technical strategy, filing of owner’s permit applications, supplemental project definition summary report and project procurement plan, Texas Water Development Board financial assistance (SWIRFT #1, completed), project management, meetings and coordination, and communication and public outreach, etc. Execution of this project will be through a Master Service Agreement (MSA) to provide required professional engineering services for the Seawater Desalination project. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders (TOs). Future TOs will be issued with specific scope of work and associated fees. Total TOs will not exceed the MSA contract value. The first TO will be presented to Council for authorization before the Notice to Proceed is issued. Future TOs will be administratively issued by City Manager or designee. ALTERNATIVES: 1. Authorize execution of Master Service Agreement. (Recommended) 2. Do not authorize execution of Master Service Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable 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 2017-2018 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 351,675 0 351,675 Appropriation This Item 2,750,000 2,750,000 Revised Budget 351,675 2,750,000 3,101,675 Encumbered / Expended Amount 351,675 351,675 This Item 2,627,000 2,627,000 Future Anticipated Expenditures 123,000 123,000 BALANCE 0 0 0 Fund: Water Supply CIP No. 9 RECOMMENDATION: City Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Contract Form 1295 (in contract) Ordinance appropriating $2,750,000 of Series 2017 Utility Revenue Improvement Bonds in Fund No. 4482 for the Seawater Desalination Project #E15117; changing the FY 2018 Capital Improvement Program Budget adopted by Ordinance 031249 to increase revenues and expenditures by $2,750,000; authorizing the City Manager or designee to execute Amendment No. 1 of the Seawater Desalination Project #E15117 using a Master Service Agreement with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $2,627,000 for a total restated fee of $2,974,745 for the Seawater Desalination project; and requiring further authorization to issue the Notice to Proceed for Task Order 1 under the Master Service Agreement. (Capital Improvement Program) (CIP) WHEREAS, the City executed a Contract for Professional Services providing for Owner’s Representative Services, funded by the City, Port Industries of Corpus Christi, and Corpus Christi Regional Economic Development Corporation, with Freese and Nichols, Inc. on May 14, 2015; WHEREAS, the City Council approved the FY 2017 – 2018 Capital Improvement Program (CIP) Budget on its second reading on September 19, 2017, by Ordinance No. 031249; WHEREAS, the FY 2018 CIP Budget included a project for Seawater Desalination Project (Project #E15117) budgeted for $1,000,000 per year for the next three years; WHEREAS, City Council authorized the issuance of $2,750,000 in Utility System Revenue Improvement Bonds through the Texas Water Development Board; and WHEREAS, funding for the Seawater Desalination Project (Project #E15177) will be increased in FY 2018. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $2,750,000 of revenues from Series 2017 Utility Revenue Bonds to the Seawater Desalination Project to fund 4482. SECTION 2.Revenues and expenditures in the amount of $2,750,000 are increased in the FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249. SECTION 3.The City Manager or designee is authorized to execute an amendment using a Master Service Agreement for the Seawater Desalination Project in the amount of $2,627,000 with Freese and Nichols, Inc. of Corpus Christi, Texas. SECTION 4. The City Manager or designee shall receive City Council authorization before issuing the Notice to Proceed for Task Order 1 under the Master Service Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on _________________, 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 _________________, 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_____________ PASSED AND APPROVED on _____________________, 2017. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE FUNDS AVAILABLE: Water Operating………………………………………………………………………………………………………………………51,675 *Port Industries of Corpus Christi (PICC)…………………………………………………………………………..150,000 *Corpus Christi Regional Economic Development Corporation (CCREDC) ………………………………………….150,000 Texas Water Development Board……………………………...………………………………………………………………………..2,750,000 Total…………………………………………………………………………………………………………………………………………$3,101,675 FUNDS REQUIRED: Professional Services:………………………………………………………………………………………………………………..2,974,745 *Project Feasibility (Freese and Nichols, Inc.)…………………………………………………………………………………….347,745 MSA Seawater Desalination (Freese and Nichols, Inc.) THIS ITEM………………………………………………………………………2,627,000 Reimbursements:………………………………………………………………………………………...…………………………….126,930 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)……………………….………….48,390 Engineering Services (Project Mgmt/Constr Mgmt) …………………………………………………………………………….77,540 Misc…………………………………………………………………………………………………………………………….1,000 TOTAL………………………………………………………………………………………………………………………………………$3,101,675 ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………$0 *Contract executed May 14, 2015. Funds from PICC and CCREDC were paid directly to Freese & Nichols. SEAWATER DESALINATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N Seawater Desalination Project Number: E15117 LOCATION MAP NOT TO SCALE Plant Site Consideration Council Presentation October 31, 2017 Seawater Desalination 1 2 Project Background •Discussion & Planning for this project prompted by 2011 – 2013 drought •Discussions involved City of Corpus Christi and key Regional Stakeholders: Corpus Christi REDC Chemours San Patricio MWD OxyChem Lyondell Basell Valero Flint Hills Resources Sherwin Alumina Port of Corpus Christi Citgo Voestalpine Texas Talen Energy AEP Texas Cheniere 3 Project Background (Cont’d.) Specific Project Drivers: • Drought exposure coupled with increased economic activity • Desire to reduce risk of curtailment to industrial operations • Concern that reliance solely on surface water could impact region’s competitiveness • Interest in diversifying and strengthening the region’s water supply by adding a drought-proof source • Seawater desalination as water supply insurance 4 Project Background (Cont’d.) Procurement of an Owner’s Representative Team •City and Stakeholders agreed to solicit and secure a professional services agreement for Owner’s Representative Services with the most highly qualified firm or team Owner’s Representative role •Advise the City in connection with a regional seawater desalination project delivery; and •Identify risks and assist in the development of technical, organizational, financial, and environmental strategies. 5 Project Background (Cont’d.) Selection of Owner’s Representative Services •Review and selection team consisted of City Staff and Stakeholders’ Representatives •Frank Brogan (CCREDC / Port) •Michael Douglas (Sherwin) •Robert Kunkel (Lyondell Basell) •John Tummons (Oxy) •Mark Van Vleck (CoCC) •Brian Williams (SPMWD) •Four responses received and shortlisted for interviews •Selection: Freese & Nichols’ Team •Local/Regional/State expertise •Supplemented with U.S./global expertise in all areas of seawater desalination project development 6 Project Background (Cont’d.) Phase I-A – Evaluation of Feasibility & Cost Modeling •Phase I-A funded by Stakeholders & City Stakeholder Contribution CCREDC $150,000 Port Industries Corpus Christi members $150,000 City of Corpus Christi $ 47,745 Phase I-A Total $347,745 7 Phase I-A Outcomes • Initial Plant Siting: Inner Harbor and La Quinta Channel areas • Preferred capacity (phased): 2 X 10 MGD plants (expandable) • Estimated Cost for each 10 MGD potable plant approx. $150M • Industrial water requires separate transmission system ($100+ million) • Power from the grid feasible/affordable (estimated $0.05 per kw-hr) • Preferred Project Agency: Local Governmental Corp (LGC) enabling access to public financing which offers significant savings 8 Next Project Phase Phase I-B (This item) Proposed Work Products include •Procurement Methodology •Site Selection •Source Water Characterization •Pre-Design •Filing Permit Applications Leading to Future Phase II •Project Procurement & Implementation 9 TWDBSWIFT Funding[Phase I-B] Texas Water Development Board (TWDB) • State Water Implementation Fund for Texas (SWIFT) • Council Workshop Presentation on Project – (April 13, 2017) • Application Supported by Council (April 25, 2017) • Bond Issuance Approved by Council (August 29, 2017) • Loan Closing Scheduled (November 21, 2017) Financing Arrangement • $2.75M Loan • Principal Lump Sum Payment After 8 Years 10 Why is this contract needed? •Stakeholders determined: •Supplemental Project Definition Activities, including: •Technical •Environmental •Permitting •Are needed prior to initiating Phase II •Reduction of project risk for Owner in contracting, construction, and operation •Amendment of Master Services Agreement and follows the scope and tasks outlined in SWIFT submittal 11 FNI Team – Owner’s Rep Ron Guzman Jorge Arroyo John Wolfhope N. Voutchkov Neil Callahan Scope of Phase I-B Contract Supplemental Project Definition Activities include: • Project Procurement Methodology • Concentrate Management Strategies • Project Siting, Site Surveys and Field Studies • Filing of Owner’s Permit Applications • Infrastructure Integration Plan 12 • Conceptual Design of Intake & Outfall Facilities • Source Water Characterization • Power Supply Conceptual Design & Agreement • Project Procurement Plan • Communication and Public Outreach 13 Scope of Phase I-B Contract Page 1 Rev. 17-9 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES E15117 SEAWATER DESALINATION 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 FREESE AND NICHOLS, INC., a Texas Corporation, 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces County, 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 ............................................................................................ 7 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS Page 2 Rev. 17-9 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 . 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 ta sk prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 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 s ubconsultants of Consultant. 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. Changes in Consultant’s team that provides services under this Agreement 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 an d 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 Basic Services included in this Agreement and Additional Services Task A, Communications and Public Outreach, shall not exceed $2,627,000 (Two Million, Six Hundred Twenty- Seven Thousand Dollars). 2.2 The Consultant’s fee for each Task Order will be on either a Lump Sum (LS) or Time and Materials (T&M) basis with a not-to-exceed amount to be negotiated during project execution. 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 3 Rev. 17-9 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 wh o 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: TASK DESCRIPTION NOT TO EXCEED AMOUNT MAXIMUM CONTRACT AMOUNT $2,627,000 BASIC SERVICES TASKS Estimated Fee 1 Project Procurement Methodology $102,000 2 Concentrate Management Strategies $168,000 3 Seawater Desalination Project Siting $459,000 4 Site Surveys and Studies $193,000 5 Source Water Characterization $180,000 6 Confirmation of Plant Size, Water Users, Water Demand, and Points of Product Water Delivery $40,000 7 Infrastructure Integration Plan $281,000 8 Conceptual Design of Intake and Outfall Facilities $82,000 9 Power Supply Agreement $65,000 10 Project Delivery Technical Strategy $190,000 11 Filing of Owner's Permit Applications $334,000 12 Supplemental Project Definition Summary Report and Project Procurement Plan $144,000 13 TWDB Financial Assistance (SWIFT #1) $21,000 14 Project Management, Meetings, and Coordination $202,000 BASIC SERVICES SUBTOTAL $2,461,000 ADDITIONAL SERVICES A Communications and Public Outreach $166,000 Page 4 Rev. 17-9 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 suc h 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. 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 standards may be rejected. 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, 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 sup plier 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. Page 5 Rev. 17-9 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 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 2 years beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date 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 fo r 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 corr ect 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. Page 6 Rev. 17-9 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 Agreemen t, including but not limited to specifications, designs, plans and exhibits. 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 e xtend 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 led ger, 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, d uties 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. Page 7 Rev. 17-9 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 endan ger 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. 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 The City may assert a claim against the Consulta nt’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to d esign 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. 9.4 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 exces sive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 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 Page 8 Rev. 17-9 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. 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 o f 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. Page 9 Rev. 17-9 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 A greement. 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. 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 d uties 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, pursuan t 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 under the same or similar circumstances and professional license; and p erformed 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 Co de 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 goveming 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 govemmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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://www.cctexas.com/government/citv-secretary/conflict-disclosure/index 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 Articles I - 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 FREESE AND NICHOLS, INC. Jeff H. Edmonds, P.E. Date Ron G aralitP.E. Date Director of Engineering Services Principal 800 N. Shoreline Boulevard, Suite 1600N Corpus Christi, TX 78401 (361) 561-6510 rg@freese.com Page 10 Rev. 17-9 Page 11 Rev. 17-9 APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney Date ATTEST ________________________________ Rebecca Huerta, City Secretary Date for City Attorney Project Name Seawater Desalination Project Number E15117 Accounting Unit 4482-068 Account 550950 Activity E15117-01-4482-EXP Account Category 50950 Fund Name Series 2017 Utility Rev Bd Amount $2,627,000 Master Services Agreement 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 “Company Name” (Consultant) dated _________________, 201 7 (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 part ies. 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 ENGINEERING, INC. _____________________________________ (Date) _______________________________________ Jeff H. Edmonds, P.E. (Date) Director of Engineering Services Vice President Corpus Christi, TX 784 (361) Office RECOMMENDED _______________________________________ Operating Department (Date) Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL PROJECT NAME: Seawater Desalination 1. PROJECT DESCRIPTION This effort will consist of supplemental project definition activities resulting from the initial feasibility phase of this project as well as additional site selection and permitting activities. A collaborative effort was undertaken in Corpus Christi by a diverse stakeholder group (Stakeholders)1 to evaluate the feasibility of developing a non-curtailable seawater desalination water supply. Phase I of the project resulted in the definition and selection of a preferred prospective Seawater Desalination project. The Stakeholders determined thereafter that several fundamental activities remained that needed additional definition and concurrence prior to initiating Phase II: The Project Procurement and Implementation. The Stakeholders determined that to have greater certainty of the project feasibility and its cost impact, it would be necessary to undertake certain Supplemental Project Definition and Permitting Activities, including conducting various technical and outreach tasks to bring the Seawater Desalination Project to a Project Procurement level of readiness. Funding for implementing the Supplemental Project Definition Activities has now been secured from the Texas Water Development Board’s State Water Infrastructure Fund (SWIFT). SWIFT loan closing is anticipated for November 2017. 1 Stakeholders are identified in the original Contract Agreement as follows: The City of Corpus Christi, Corpus Christi Regional Economic Development Corporation, San Patricio Municipal Water District, Port of Corpus Christi, DuPont, OxyChem, Sherwin Alumina Company, Lyondell Bassell, Citgo, Flint Hills Resources, Valero, Topaz Power, AEP Texas, Cheniere Energy, and Voestalpine Texas. Master Services Agreement 2. SCOPE OF SERVICES This Scope of Services addresses the following tasks as part of its Basic Services: 1. Project Procurement Methodology 2. Concentrate Management Strategies 3. Seawater Desalination Project Siting 4. Site Surveys and Studies 5. Source Water Characterization 6. Confirmation of Plant Size, Water Users, Water Demand, and Points of Product Water Delivery 7. Water Infrastructure Integration Plan 8. Conceptual Design of the Plant Intake and Outfall Facilities 9. Power Supply Agreement 10. Project Delivery Technical Strategy Session 11. Filing of Owner’s Permit Applications 12. Supplemental Project Definition Summary Report and Project Procurement Plan 13. TWDB Financial Assistance (SWIFT #1) 14. Project Management We understand that the City is focused on acquiring the necessary permits for the implementation of a seawater desalination project or projects in the Coastal Bend. The Basic Services proposed for execution through Task Authorizations under this MSA include what are expected to be Owner’s Permits: Water Rights Permit & New Source Approval - TCEQ Texas Pollutant Discharge Elimination System (TPDES) Permit – TCEQ Public Water System (PWS) Registration and Compliance with PWS Regulations – TCEQ We will possibly also require: Texas Land Application Permit (TLAP) for sludge disposal There is a different, more comprehensive, list of permits required for the actual construction of the plant, but we do not consider that list to be specifically Owner’s permits. It includes construction permits which will be expected to be obtained by a design-build contractor. This list has been previously provided to the City. The only Owner’s Permit not included in the proposed Basic Services is the US Army Corps of Engineers 10/404 Permit. The 10/404 Permit scope and effort are difficult to estimate prior to the identification of a desalination plant site. Furthermore, some scope items (specifically surveys) included in the Additional Services will be required to support permitting activities. Again, these items cannot be defined until a desalination plant site is selected. If a regulatory agency requests additional supporting evaluations, surveys, data, or documentation, the City will need to approve some Additional Services tasks to complete the permitting processes. Additional services including Communications and Outreach; optional support for determining a cost allocation and rate strategy; selection of the LGC; and other optional tasks are addressed in the Additional Services Section of the present Scope of Services. Master Services Agreement BASIC SERVICES 1. PROJECT PROCUREMENT METHODOLOGY It is assumed that the Seawater Desalination Project will be procured using a design-build (DB) approach; however, there are multiple DB modalities that could be applied to procuring the project. In Texas, a public entity is required to document the adoption of the Project Procurement Method it will follow to procure a project; the purpose of this task is to document the LGC’s selection of a project procurement methodology. The Consultant will: A. In coordination with the LGC, prepare and provide a memorandum discussing up to three Project Procurement Methodology Alternatives including the general impact of the various alternatives on the following project factors: i. Risk allocation; ii. Life-cycle cost; iii. Estimated time line to procure a project; iv. List and description of key agreements; v. Estimated project procurement budget. B. Brief the LGC and Stakeholders; solicit their review comments and finalize the Project Procurement Methodology Memorandum C. Document selection of the Project Procurement Methodology by obtaining copy of the LGC’s minutes and resolution 2. CONCENTRATE MANAGEMENT STRATEGIES Securing a sustainable concentrate disposal method is critical to the success of the seawater desalination project. The purpose of this task is to examine alternative concentrate management options and develop a framework to address concentrate management issues in the siting and permitting of the Seawater Desalination Project. A memorandum will be prepared identifying one or two concentrate management alternatives that are most viable for the site-specific conditions of potential plant sites. (At this project phase note that no detailed environmental or ecological field studies would be implemented to address potential impacts of concentrate discharges to federally-listed species or other resources pertaining to regulatory compliance, such as tidal wetlands, oysters, and seagrasses). The Consultant will: A. Prepare a Concentrate Management Strategies Memorandum including: i. Key concentrate management decision factors; ii. Concentrate management regulations; iii. Overview of potentially feasible concentrate management options; iv. Discharge modeling strategies; and, v. Concentrate Disposal Modeling Screening Tool B. Brief staff of the Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, Texas General Land Office, the US Army Corps of Engineers, National Marine Fisheries Service, Environmental Protection Agency, and US Fish and Wildlife Service; C. Brief the LGC and Stakeholders; solicit their review comments and finalize the Concentrate Management Strategies Memorandum; Master Services Agreement 3. SEAWATER DESALINATION PROJECT SITING The purpose of this task is to select the site(s) for a potable water Seawater Desalination Project and document the selection process for regulatory purposes. The Site Selection Recommendation will consist of three steps: First, developing a Site Screening and Site Selection Strategy; second, screening and ranking of Potential Sites to select up to four (4) Candidate Sites; and, third, evaluation of Candidate Sites to select the Preferred Site(s). Site Screening and Candidate Site Selection will include desktop environmental surveys to evaluate the potential direct effects of the proposed project to various ecological resources that pertain to regulatory compliance. Ecological resources to be evaluated generally include seagrasses, oysters, tidal wetlands, and federally-listed species, for example. Due to the scope and potential effects of the proposed project, there exists the possibility that US Army Corps of Engineers (USACE), in consultation with other state and federal agencies, may require an Individual Permit (IP) review process. Part of that IP review process requires that an applicant demonstrate that the preferred site is the “Least Environmentally Damaging Practical Alternative (LEDPA)” when compared to alternative sites. During this phase of the project, only desktop surveys would be implemented to identify the LEDPA. The Consultant will: A. Prepare a Site Screening/Selection Strategy Memorandum. i. Preparing a draft Site Screening/Selection Strategy Memorandum including: a. Seawater Desalination Siting Selection Factors; b. List of Potential Sites; c. Potential Sites Screening Matrix; d. Develop Concentrate Disposal Modelling Screening Tool. ii. Briefing relevant state and federal regulatory agencies to discuss site selection strategy; iii. Incorporating any necessary changes to the draft Site Screening/Selection Strategy Memorandum to address regulatory agencies’ feedback; iv. Submitting draft Site Screening/Selection Strategy Memorandum to LGC and Stakeholders for review and comment; v. Addressing review comments and finalizing the Site Screening/Selection Strategy Memorandum. B. Conduct Site Screening and Candidate Site Selection. This task consists of implementing the Site Screening/Selection Strategy to screen, review and rank Potential Sites to select up to four (4) Candidate Sites -two in the Ingleside area and two in the City of Corpus Christi area- and includes the following: i. Screening and ranking Potential Sites: for each potential site, a site description including applicable intake and concentrate management strategies, results of applying the Concentrate Disposal Modelling Screening Tool, risk and environmental sensitivity issues will be included; ii. Preparing a draft Candidate Site Selection Recommendation; iii. Presenting the draft Candidate Site Selection Recommendation to LGC and Stakeholders; iv. Incorporating any necessary changes to the Candidate Site Selection Master Services Agreement Memorandum to address feedback provided by LGC and Stakeholders; v. Finalizing the Candidate Site Selection Memorandum; vi. Document LGC authorization to conduct evaluation of the selected Candidate Sites. C. Conduct Candidate Site Evaluation and Recommend Preferred Site i. Obtain site access authorizations and conduct Candidate Sites visits; ii. Conduct necessary desktop surveys for seagrass, oysters, tidal wetlands; iii. Conduct desktop habitat assessments for federally-listed species; iv. Prepare draft Candidate Sites Evaluation and Siting Recommendation Memorandum including: a. Candidate Site Description and Evaluation; b. Assessment of intake strategies and intake recommendation for each site; c. Assessment of concentrate management strategies and discharge recommendation for each site; d. Run Concentrate Modelling Screening Tool; e. Site Permitting Overview; v. Conduct briefing meetings with state and federal regulatory agencies to discuss results of candidate sites evaluations; vi. Prepare draft template Site Land Use Agreement; vii. Submit Candidate Sites Evaluation and Siting Recommendation Memorandum and draft template Site Land Use Agreement to LGC, and Stakeholders for review; viii. Address review comments and revise Candidate Sites Evaluation and Siting Recommendation Memorandum and draft template Site Land Use Agreement as needed; ix. Conduct Workshop to Present and approve Site Selection Report and Draft Land Use Agreement; x. Provide draft workshop minutes for comments, address comments and finalize minutes documenting site selection decision; xi. Assist in negotiation and execution of Land Use Agreement/Option. 4. SITE SURVEYS AND STUDIES The purpose of this task is to conduct necessary site surveys and complete studies required for preliminary design and permitting of the desalination project. A. Complete Site Surveys, including: i. Brine dispersion modeling ii. Traffic and access survey for the Preferred Site/s iii. Assessment of site risks (erosion, siltation, flooding, major storms) for the Preferred Site iv. Power supply study to identify potential sources of power for the desalination plant and facilities (conduits, transformers, etc.) needed to deliver this power to the desalination plant site. Master Services Agreement 5. SOURCE WATER CHARACTERIZATION The purpose of this task is to prepare and begin implementation of a Source Water Characterization Plan. The Consultant will: A. Prepare and Implement Source Water Quality Characterization Plan; this task includes the following: i. Preparing a draft Source Water Quality Characterization Plan; ii. Briefing TCEQ on the draft Source Water Quality Characterization Plan; iii. Incorporating any necessary changes to the Source Water Quality Characterization Plan to address TCEQ’s feedback; B. Completing a Source Water Sampling and Laboratory Analysis and data collection and reporting as per the Source Water Quality Characterization Plan. Conduct watershed sanitary survey for selected site; this task includes: i. Preparing a Watershed Sanitary Survey; ii. Briefing TCEQ on the results of the Watershed Sanitary Survey and Source Water Quality Characterization; iii. Incorporating any necessary changes to the Watershed Sanitary Survey to address TCEQ’s feedback; iv. Providing a final Watershed Sanitary Survey Report for the Selected Site to the City and the LGC. C. Implement Data Collection Plan 6. CONFIRMATION OF PLANT SIZE, WATER USERS, WATER DEMAND, & POINTS OF PRODUCT WATER DELIVERY The purpose of this task is to confirm the plant size, the water users, water demand and points of product water delivery. The Consultant will: A. Prepare a memorandum confirming: i. Plant(s) size, ii. water users, iii. water demand, and iv. points of product water delivery B. Present the memorandum to the LGC and Stakeholders for comment C. Address comments and finalize memorandum; D. Document LGC and Stakeholders approval of memorandum Master Services Agreement 7. INFRASTRUCTURE INTEGRATION PLAN The purpose of the Infrastructure Integration Plan is to examine water quality compatibility and desalinated water delivery alternatives to select a desalinated water conveyance and integration strategy to incorporate the desalination plant into the regional water supply system. The Consultant will: A. Prepare a Water Quality Integration Report. This task includes, i. Preparing a Water Quality Integration Report (WQ Report) assessing potential impacts and mitigating measures associated with the delivery of desalinated seawater into the regional drinking water system; ii. Submitting WQ Report to City, LGC, and Stakeholders for review; iii. Addressing review comments and finalizing WQ Report; B. Conveyance Infrastructure. This task includes the following: i. Preparing a draft Alternative Water Delivery Routes and Preferred Route Memorandum including: a. Mapping of alternative delivery routes; b. Rights-of-way issues; c. Condition and capacity of existing conveyance infrastructure; d. Pressure and volume delivery requirements; e. Onsite/offsite storage requirements; f. Type and size of structures at the points of interconnection with the water delivery infrastructure; g. Initial subsurface survey along proposed routes; h. Environmental, traffic and noise sensitivity assessments; i. Rights of way acquisition requirements; j. Cost estimates ii. Submitting draft Alternative Water Delivery Routes and Preferred Route Memorandum to City, LGC, and Stakeholders for review; iii. Addressing review comments and finalizing the Alternative Water Delivery Routes and Preferred Route Memorandum; iv. Prepare Water Delivery Infrastructure Report and Draft Existing Infrastructure Use Agreements for the Preferred Delivery Route; v. Assist in negotiation and execution of Existing Infrastructure Use Agreements of the LGC with the Infrastructure Owners; vi. Assist in negotiation and execution of Right of Way/Land Acquisition Agreements of the LGC with the Land Owners. Master Services Agreement 8. CONCEPTUAL DESIGN OF INTAKE AND OUTFALL FACILITIES The purpose of this task is to prepare a conceptual design of the intake and outfall facilities in preparation for permit applications. The Consultant will: A. Prepare Conceptual Design of the Plant Intake and Outfall Facilities i. Prepare and Hold Technical Team Coordination Call ii. Analyze options and select most viable type, location and configuration of intake and outfall facilities for the Preferred Site/s iii. Consider environmental or ecological constraints in design to avoid or minimize impacts to resources (in case the project requires an IP review process and LEDPA must be demonstrated) iv. Prepare Intake/Outfall Selection Memo v. Conduct Technical Team Review vi. Revise, finalize and deliver Intake/Outfall Selection Memo 9. POWER SUPPLY AGREEMENT The purpose of this task is to develop a power supply agreement for the seawater desalination project. The Consultant will: A. Develop a high-voltage power supply specification; B. Meet with Power Supplier(s) to define size and location of high voltage power supply facilities for the seawater desalination project; C. Prepare preliminary design of the high voltage power supply system; D. Prepare Draft Power Supply Term Sheet; E. Discuss Draft Power Supply Term Sheet with power supplier and determine conditions and costs for power supply; F. Present proposed High Voltage Power Supply System and Term Sheet to the LGC; G. Develop Draft Power Supply Agreement; H. Assist the LGC with the negotiation of the Power Supply Agreement with the Supplier Master Services Agreement 10. PROJECT DELIVERY TECHNICAL STRATEGY The purpose of this task is to summarize relevant project information and prepare a strategy to guide Project Delivery activities. The Consultant will: A. Develop agenda for the Technical Strategy Session; B. Develop Technical Strategy Session Workbook & Presentations; C. Confirm project size, desalinated water users and points of water delivery; D. Seawater quality, modeling requirements, and data requirements; E. Regulatory and Construction Permits, Permitting Strategy; F. Site access, land use rights and rights of way issues; G. Pilot Test Requirements; H. Concentrate Management; I. Project and Program Critical Path; J. Design Criteria Package Development; K. Design Criteria Outline; L. Coordination with Contract Development and/or Development of Term Sheet for Water Purchase Agreement; M. Project Risk Allocation; N. Going forward - Issue Resolution Activities; O. Facilitate two-day workshop; P. Prepare Technical Memorandum summarizing the outcomes of the Project Delivery Technical Strategy Session. 11. FILING OF OWNER’S PERMIT APPLICATIONS The purpose of this task is to prepare and file water-rights and relevant permits required for the seawater desalination project. The Consultant will: A. File Owner's Permits Applications. This task includes: i. Coordinate with US Army Corps of Engineers to identify required Section 10 and 404 permit authorizations (i.e., Pre-Application Meeting or Joint Evaluation Meeting). ii. Attend meetings with other applicable resource agencies to confirm and/or define other permitting requirements iii. Preparing and filing TPDES permit application iv. Prepare and filing land application for water treatment sludge permit application v. Preparing water rights and new source approval application a. Environmental tasks to address Texas Water Code §§11.147, 11.1491, 11.150, and 11.152 and Title 30 Texas Administrative Code §§297.53, 297.54, 297.55, and 297.56 ·Attend two pre-application meetings with TCEQ WR Permit Staff to identify permit application requirements and to obtain Master Services Agreement concurrence on the desktop studies to be performed to support the WR Permit application ·Perform desktop evaluation of project effects on bay/estuary inflows based on TCEQ eFlow Rule ·Perform desktop evaluation of project effects on fish and wildlife habitat ·Perform desktop analysis of project effects on water quality ·Perform desktop analysis of project effects on instream uses ·Prepare technical memorandum summarizing desktop studies for inclusion with the TCEQ water right permit application ·This scope assumes that environmental studies will be prepared based on desktop analysis of available information for effects on bay/estuary inflow, fish and wildlife habitat, water quality and instream uses. Field studies, if required and authorized, can be provided as additional services. vi. Preparing and filing application for public water system registration vii. 12. SUPPLEMENTAL PROJECT DEFINTION SUMMARY REPORT AND PROJECT PROCUREMENT PLAN The purpose of this task is to summarize the results of the Supplemental Project Definition Phase and identify key next steps associated with permitting and project implementation. The Consultant will: A. Prepare a Supplemental Project Definition Summary Report and Project Procurement Plan: B. Conduct a workshop to present and discuss the Supplemental Project Definition Summary Report and Project Procurement Plan; C. Revise and finalize the Supplemental Project Definition Summary Report and Project Procurement Plan as needed to address workshop comments; 13. TWDB FINANCIAL ASSISTANCE (SWIFT #1) This task has been ongoing since January 1, 2017 and will conclude with the execution of a loan agreement with the TWDB. The purpose of this task is to assist the City in securing SWIFT funding in the 2017 cycle to implement the Supplemental Project Definition and permitting Activities. The Consultant will: A. Assist the City with preparation and filing of a SWIFT Abridged application; B. Upon issuance of a Texas Water Development Board (TWDB) invitation to file a full SWIFT application, assist the City in preparing a financial assistance application package for funding of the Supplemental Project Definition and Permitting activities (Draft SWIFT Application); C. Monitor TWDB’s SWIFT financial assistance review process through financial close of application; attend up to three (3) coordination meetings with TWDB and City staff as needed. Master Services Agreement 14. PROJECT MANAGEMENT, MEETINGS, AND COORDINATION The purpose of this task is to provide oversight for an orderly and timely execution of the Scope of Services. A. Meetings i. One (1) Kick-off Meeting; ii. Coordination meetings every two months with City staff and Stakeholders Representatives; iii. All meetings associated with the contract administration, project management, and outreach will be approved by the City Project Manager(s) before they are scheduled. B. Status Reports i. Provide monthly status reports including: a. progress in the last month; b. anticipated progress for the upcoming month; c. upcoming submittals/milestones; d. upcoming meetings/workshops, data requests/project needs; and e. list of milestones denoting completion or notes for pending completion. ii. If needed, hold a monthly conference call with City and Stakeholders Representatives to discuss the monthly status report. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by City. The Consultant may not begin work on any services under this section without specific written authorization by City. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by City as required. The Consultant shall, with written authorization by City, perform the following: A. Communications and Public Outreach i. Develop an Outreach Plan and Protocol with objectives, milestones, target stakeholders and partners, and logistics for Local, State, and (optional) Federal outreach. This plan will need to be updated throughout the project; ii. On an on-going basis, identify potential outreach opportunities and action items; iii. Monitor state and relevant stakeholders’ desalination-related legislative initiatives; iv. (Optional) Monitor federal stakeholders’ desalination related initiatives; v. Schedule and participate in up to four (4) legislative briefings with TWDB, Legislators, Texas Desal Association; vi. (Optional) Hold Strategy or Educational Workshop(s) for stakeholders, public officials, and public; vii. Prepare briefing materials for key stakeholders which could include federal, state, and local entities or individuals; viii. Prepare presentations and provide general support to the City, the LGC and Stakeholders; ix. Public Outreach efforts: a. Provide technical information to support communication and outreach efforts by the City, the LGC and Stakeholders; Master Services Agreement b. Provide logistical support for planning, coordinating, and implementing the Outreach Plan and Protocol; c. As needed, assist with media outreach through preparation of project briefing materials or media releases; d. Provide up to two (2) project update presentations to the Corpus Christi City Council and the San Patricio Municipal Water District. x. Attend and assist with updates to the Stakeholders Group. B. Preparation and submission of a Section 10/404 permit application with US Army Corps of Engineers C. Preparation of any National Environmental Policy Act (NEPA) documents, including those that may be needed to support a US Army Corps of Engineers Individual Permit, or for TWDB funding assistance. D. Geotechnical study for the Preferred Site/s E. Bathymetric Survey of the Intake and Discharge Areas of the Preferred Plant Site F. Detailed Ecological Surveys or Impact Assessments of the Intake and Discharge Areas of the Preferred Plant Site (e.g., federally-listed species, Essential Fish Habitat, etc.). G. Coordination with TCEQ, other agencies, project opponents and interested parties in water right permitting process after submission of application. H. Providing expert testimony in contested case water right hearing, if needed. I. Sediment Transport Study J. Survey topography, existing utilities, and structures (above and underground) of the Preferred Site K. Survey Large-Volume Water Customers; L. Assist in cost allocation and rate structure strategy development; M. Assist in the evaluation of organizational options for the Seawater Desalination Project; N. Conduct detailed Concentrate Discharge Modelling for permitting of facilities; O. Develop methodology to value contributed assets such as land, power, and other project- related infrastructure; P. Conduct a workshop to assist the LGC with the selection of a Seawater Desalination Project Procurement Methodology; Q. Develop requisite documents for a Design-Build Seawater Desalination Project Procurement Phase; R. Prepare agreements necessary to support implementation of the Seawater Desalination Project; S. Assist in securing financial assistance for permitting, pre-design and project procurement activities; T. Specific, additional spatial data analyses beyond what is described herein; Master Services Agreement EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are 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. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other – specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other – specify: Add additional subconsultants as needed. Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements.EXHIBIT "C" If applicable, refer to the contract for information on what to include with time and materials (T&M).Page 1 of 1 1 Rev 07/16 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 2 Rev 07/16 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: 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. Excerpt from Form 00 72 00 General Conditions - 1 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 - 2 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 - 3 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 - 4 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 - 5 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 Project 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 - 6 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 - 7 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 - 8 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 - 9 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 - 10 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 - 11 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 - 12 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 - 13 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 - 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 AGENDA MEMORANDUM Firs Reading for the City Council Meeting of October 31, 2017 Second Reading for the City Council Meeting of November 7, 2017 DATE:October 12, 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 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 CAPTION: Ordinance appropriating $4,899,563.58 from a Federal Aviation Administration Grant; appropriating $544,395.98 from Airport Operating Reserve and transferring to Airport Capital Reserve for the Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron project; amending the FY ’18 Capital Improvement Program (CIP) Budget by $5,443,959.56; and authorizing the City Manager, or designee, to execute a construction contract with SpawGlass Civil Construction, Inc., of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. PURPOSE: The purpose of this Agenda Item is to appropriate a federal grant and obtain authority to execute a construction contract with the lowest responsible bidder, SpawGlass Civil Construction, Inc. of Houston, Texas for the CCIA East General Aviation (GA) and Terminal Apron Project. BACKGROUND AND FINDINGS: This project is an approved CCIA Capital Improvement Project that is a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Construction Contract Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction Airport Capital Improvement Program Airport Capital Improvement Program description:“Reconstruct East GA Apron to include the removal of existing asphalt pavement and replace with reinforced concrete, aircraft tie-downs, striping and upgrades of apron lighting. Existing apron has shown signs of deterioration and base failures and needs replacement. East and North aprons serve Signature Flight Support Fixed Based Operator (East FBO) and are essential for maintaining service to GA aircraft. Project will be phased accordingly within funding availability.” The Terminal Apron and East General Aviation Apron are areas of the airport where aircraft are parked, unloaded or loaded, refueled, or boarded. The Terminal Apron services commercial passenger airlines that access the main Terminal and the East GA Apron services additional aviation activities outside the terminal including the Signature Flight Support Fixed Based Operator (East FBO). The total pavement area of the two aprons is approximately 161,000 square yards (SY) with approximately 102,000 SY for the Terminal Apron and approximately 59,000 SY for the East General Aviation (East GA) Apron. The existing apron pavement is a combination of Portland Cement Concrete (PCC) and Hot-Mix- Asphalt-Concrete (HMAC) and is experiencing severe distress with minor longitudinal / transverse cracking, rutting and concrete spalling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or prop wash. The pavement cracking allows greater water penetration into the base and subgrade accelerating structural degradation of pavement. The apron pavement improvements are planned for six construction phases. Phase 1 was designed by KSA and is currently under construction by SpawGlass Civil Construction, Inc. The final phase of construction, Phase 6, is planned to start in 2021. This item awards the construction contract to SpawGlass for Phase 2 of 6. Project Scope: This construction contract provides for rehabilitation / reconstruction of the southeast corner section of East GA and Terminal Apron pavements. During the design phase, replacement of existing HMAC was recommended with PCC to support heavy aircraft and equipment loads with less overall maintenance. This project was developed with a Base Bid plus three Additive Alternatives as follows: Base Bid – Rehabilitate and replace existing HMAC with PCC for approximately 7,733 SY of Terminal Apron and 2,635 SY of East GA Apron. Work includes grading, pavement markings, electrical and drainage improvements. Additive Alternate No. 1 – Increase GA Apron Reconstruction to replace an additional 1,615 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. Additive Alternate No. 2 – Increase the GA Apron Reconstruction to replace an additional 807 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. Additive Alternate No. 3 – Increase the GA Apron Reconstruction to replace an additional 807 SY of existing HMAC pavement with PCC with associated grading, pavement markings, and electrical improvements. On August 9, 2017, the City received proposals from three (3) bidders. One bidder was determined to be non-responsive and the proposal rejected. The responsive bids are as follows: Both bids were within engineer’s estimate and available funds. The lowest responsive and responsible bidder was determined to be SpawGlass Civil Construction, Inc. of Houston, Texas. ALTERNATIVES: 1.Authorize execution of construction contract. (Recommended) 2.Do not authorize execution of construction contract. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2017-2018 Airport Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Airport FINANCIAL IMPACT: □ Operating □ Revenue X Capital □ Not applicable Fiscal Year 2017-2018 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $7,944,000.00 $15,888,000.00 $23,832,000.00 Encumbered / Expended Amount This item Construction 4,241,714.70 4,241,714.70 Future Anticipated Expenditures This Project 3,116,485.30 15,888,000.00 19,004,485.30 BALANCE $0.00 $0.00 $0.00 Fund(s): Airport CIP AV 06, AV08 Comments: N/A Contractor Base Bid Add Alt 1 Add Alt 2 Add Alt 3 TOTAL SpawGlass Civil Construction, Inc. Houston, Texas $3,369,687.21 $422,597.95 $224,722.84 $224,706.70 $4,241,714.70 Bay, Ltd. Corpus Christi, Texas $3,696,035.15 $448,533.00 $239,828.98 $231,758.98 $4,616,156.11 Engineer’s Opinion of Probable Cost $3,855,000 $454,624 $222,789 $222,789 $4,755,202 RECOMMENDATION: City staff and Garver, LLC. recommend the construction contract be awarded to SpawGlass Civil Construction, Inc. in the amount of $4,241,714.70 for the base bid and three additive alternates for the Corpus Christi International Airport (CCIA) East GA and Terminal Apron project. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Form 1295 Grant Award Page 1 of 2 Ordinance ORDINANCE APPROPRIATING $4,899,563.58 FROM A FEDERAL AVIATION ADMINISTRATION GRANT; APPROPRIATING $544,395.98 FROM AIRPORT OPERATING RESERVE AND TRANSFERRING TO AIRPORT CAPITAL RESERVE FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT (CCIA) EAST GENERAL AVIATION (GA) AND TERMINAL APRON PROJECT; AMENDING THE FY ’18 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY $5,443,959.56; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH SPAWGLASS CIVIL CONSTRUCTION, INC., OF HOUSTON, TEXAS IN THE AMOUNT OF $4,241,714.70 FOR THE CCIA EAST GA AND TERMINAL APRON PROJECT FOR THE BASE BID PLUS THREE ADDITIVE ALTERNATES. WHEREAS, SpawGlass Civil Construction, Inc. was the lowest responsible bidder for the CCIA East GA and Terminal Apron Project; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $4,899,563.58 from the Federal Aviation Administration Grant No. 3- 48-0051-056-2017 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That $544,395.98 from Airport Operating Reserve is appropriated and transferred to Fund 3018 Airport Capital Reserve Fund. SECTION 3. That the FY 2017-2018 Capital Improvement Program Budget adopted by Ordinance 031249 is changed to increase revenues and expenditures by $5,443,959.56. SECTION 4. The City Manager or designee is authorized to execute a construction contract with SpawGlass Civil Construction, Inc. of Houston, Texas in the amount of $4,241,714.70 for the CCIA East GA and Terminal Apron project for the base bid plus three additive alternates. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2017, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Carolyn Vaughn ____________ Debbie Lindsey-Opel ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2017, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Carolyn Vaughn ____________ Debbie Lindsey-Opel ____________ PASSED AND APPROVED on this the _______ day of _______________, 2017. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROJECT FUNDS AVAILABLE: Airport Grant (Federal Aviation Administration)………………………………………………………………………………4,899,564 Airport CIP………………………………………………………………………………………………………………..544,396 TOTAL FUNDS AVAILABLE…………………………………………………………………………………………………..5,443,960 FUNDS REQUIRED: Construction Fees:…………………….…………………………………………………………………………………….4,665,886 Construction (SpawGlass Civil Construction) THIS ITEM……………………………………………………………………………..4,241,715 Contingency (10%)……………...……………………………………………………………………………………………………………………….424,171 Design, Construction Management & Testing Fees:…………………………………………………………………………………………..279,100 Engineer (Garver, LLC.) Task Order No. 4….…………………………………………………………………………………………………….279,100 Contract Management, Reimbursements and Miscellaneous:……………………………………………………………………………………..273,197 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)……………………………………………………………………………….108,879 Engineering Services (Project Mgt)………………………………………………………………………………..163,318 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..1,000 TOTAL………………………………………………………………………………………………………………………………………5,218,183 ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………225,776 Corpus Christi International Airport PROJECT BUDGET ESTIMATE Airport Capital Improvement Program East General Aviation and Terminal Apron Reconstruction 37 37 181 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION N CCIA East GA Apron and Terminal Apron Reconstruction Project Number: E15223 & E15224 LOCATION MAP NOT TO SCALE Council Presentation October 31, 2017 Corpus Christi International Airport (CCIA) East General Aviation (GA) and Terminal Apron Reconstruction 1 2 Project Location 3 Project Vicinity 4 Project Scope This is a joint FAA/City project with respective cost sharing of 90/10 to rehab/reconstruct the Terminal and East General Aviation Aprons.The combined aprons total approximately 161,000 SY that include both HMAC and PCC pavement. This item includes construction award for Phase 2 of 6. Construction award of Phase 2 includes Base Bid plus Additive Alternatives 1, 2, & 3 to SpawGlass Civil Construction, Inc. with the following: Replacement of 13,597 SY of existing HMAC with new PCC pavement with associated excavation, grading, compaction and concrete placement New pavement markings Electrical upgrades for airfield lighting and signage Drainage improvements 5 Project Schedule Projected Schedule reflects City Council award in October 2017 with anticipated completion in November 2018. O N D J F M A M J J A S O N D J F M A M J J A S O N Design Bid/ Award Construction 20172016 2018 6 Project Scope Questions? 7 Project Scope Rehabilitate Terminal Apron, Base BidThis phase will consist of the rehabilitation of approximately 7,733 S.Y. of Hot-Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical and drainage improvements Rehabilitate East GA Apron, Base Bid This phase will consist of the rehabilitation of approximately 2,635 S.Y. of Hot-Mix Asphalt Concrete with Portland Cement Concrete, grading, and pavement markings.Additive Alternate I Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 1,615 SY of Hot-Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements. Additive Alternate II Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 807 SY of Hot-Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements.Additive Alternate III Additional East General Aviation Apron Reconstruction for this project consists of the reconstruction of approximately 807 SY of Hot-Mix Asphalt Concrete with Portland Cement Concrete, grading, pavement markings, and electrical improvements. 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512,485.0009 FAX 512.485.0010 www GarverUSA com September 11, 2017 City of Corpus Christi Engineering Services Attn: Mr. Jeff Edmonds 1201 Leopard Street Corpus Christi, Texas 78401 Re: Corpus Christi International Airport East GA and Terminal Apron Reconstruction — Project No. E15223 and E15234 Recommendation of Award Dear Mr. Edmonds: Bids were received for the "East GA and Terminal Apron Reconstruction" project at City Hall at 2:00 p.m. (local time) on August 9, 2017. The bids have been checked for accuracy and for compliance with the contract documents. A tabulation of the bids received is enclosed with this letter. A total of 3 bids were received on the project. The bid by Mitchell Enterprises, Ltd. was rejected (see attached Evaluation of Bids letter dated August 23, 2017, and Rejection of Bid letter dated September 7, 2017). Therefore, of the remaining bids, SpawGlass Civil Construction, Inc. submitted the low bid for the project in the amount of $3,369,687.21 for the base bid and three additive alternates. The Engineer's Opinion of Probable Cost was $3,855,000 for the base bid and three additive alternates. We believe that the bid submitted by SpawGlass Civil Construction, Inc. represents a good value for the Corpus Christi International Airport. Contingent upon approval of Federal Aviation Administration funding for the project, we recommend that the construction contract for the "East GA and Terminal Apron Reconstruction" be awarded to SpawGlass Civil Construction, Inc. Please call me if you have any questions. Sincerely, GARVER, )rLC Jldsh Cra rd, P.E. Project M ager Attachments Bid Tabulation Evaluation of Bids letter, dated August 23, 2017 Rejection of Bid letter, dated September 7, 2017 TABULATED Br Josh Crawford, P.E. TABULATION OF BIOS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TIME OF COMPLETION: Baso 814: 365 Calendar Days BID GATE_ August 9, 2017. 100 PM (Local TImsl ENGINEER'S ESTIMATE: BASE BID: i 3,655,001100 EAST DA AND TERMINAL APRON RECONSTRUCTION PROJECT 140. 615223 6 E15234 ENGINEERS ESTIMATE MITCHELL ENTERPRISES, LTD 700 N. CROCKETT BHERMAN, TEXAS 75090 SpAWGLASS CML. CONSTRUCTION, INC. 13100 WEST ROAD HOUSTON, TEXAS 77041 BAY LTD 1414 VALERO WAY CORPUS CHRISTI TEXAS 75409 ITEM QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BIO PART A- BASE 85) -GENERAL Al 1 LS. 012901 MDBIUZATION $250.000.00 5250.000.00 5359-51200 *359.912.00 1334.310.00 $334.31000 5137.00000 5137.000.00 A2 1 L5. 012901 BONDS AND INSURANCE 5101000.00 5100.000.00 1125.584.00 5125.664.00 174.521.00 574.521.00 535.000.00 535.000.00 A3 1 LS. 012901 OWNER'S PROTECRYE INSURANCE 510.000.00 510.000.00 115480.00 319,480.0[ *3.735.00 53.735.00 510.500.00 310.500.00 SUBTOTAL PART A - BASE BID - GENERAL Moms 81 Nov A3) 5350.000.00 5503,956.00 3412.566.00 5152.500.00 IPitt 13 -BASE BIO -TERMINAL APRON 011 L5. S5.120.7.1 SITE PREPARATION 5250.410.00 5250.410.00 1136.762.00 5130.782.00 *317,801.61 5317,601.61 5334.300.00 5334.300.' $2 1 LS. 55-1304.1 TRENCH AND 00CAVAI1DN SAFETY SYSTEMS 15.000.00 55.000.00 51.404.00 31 404.0C,___ 26,437.85 56.437.55 51.000.00 51.000. 83 453 LF. 55-220-5.1 DITCH GRADING 515.00 36.79500 146.00 920,83800 53152 514.414.46` 525.00 511.325. 64 1 L.S. 55-3065.1 LOCKOUTITAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 510.000.00 510.000.00 35.00000 15.000.00 53.046.47 53.046.47 52.60000 52.600.�� 65 7 EACH 55-301-5.1 EXISTING BASE MOUNTED EDGE UGHT, REMOVED $300.00 52.10000 *404.00 52.82100 5131.99 5923.93 3630.00 14.410.,, 06 250 LF. 55301-5.i EXISTING CONCRETE ENCASED, ELECTRICAL CONDUIT. MAY 2'C, REM0YEO 520.00 $5.000.000 520.00 55.000.00 513.52 33.300.00 310.75 52.687, 57 5 EACH 55-3165.118617(1.16AS( MOUNTED TAXIWAY EDGE UGHT. INSTALLED 5250000 *12.500.00 11.178.00 57.390.00 51.079.86 35.399.30 52100.00 510.500.'' $B 1 LS. SS -3165.I TEMPORARY 0.IRFIFLD LIGHTING 55.000.00 f5,000.00k 56,160.00 58.160.00 52.904.63 52.604.63 3460000 *4800.'' 09 7783 5.3' P-1015.1 PAVEMENT REMOVAL, ASPHALT (51 510.00 *77530.00 511.00 515.513.00 510.81 184.13423 1150 327.240. 010 4380 C,Y P•15I4 3 UNCLASSIFIED EX{AYATKI11I 315.00 *85.700.00 525.00 5109300.00 921.47 194.035.60 31225 553855. 1311 1000 C.Y P-152.4.2 UNSUITABLE EXCAVATION 530.00 530.000.00 53000 030.000.00 521.63 521.630.OT` 360.00 360.000. 012 1 LS. P-L5G5.1 TEMPORARY EROSION CONTROL 130.000.00 530.000,00 110,395.00 510,395.00 528.801.43 128.5001.43 526.200.00 326200. 013 7856 S.Y P-306-8.1 CEMENT TREATED BASE COURSE 110'1 *3500 *274550.00 544.00 5345.564.00 341.70 332739520 534.00 9267.104. 014 7783 S.Y P•501-5-1 P0RTLANO CEMENT CONCRETE PAVEMENT (15') *21000 31,634.430.00 5119.00 *926.177.00 515645 31.217,683.84 3230.00 11,790,090.'' 015 922 5.F P-620-5 Ila PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA 53.00 52.766.00 53.00 32.756 OC 5367 $3.311.7` $3.40 33.134. 016 1756 SP P-620-5 116 PAVEMENT MARXINGS (MACK' WITHOUT REFLECTIVE MEDIA 1100 55.28900 52.00 s3 512.0C 52.94 15,162.64 13.40 15 970.4 FAST OA AND TERMINAL APRON RECONSTRUCTION PROJECT NO. E15223 6• E15231 ENGINEERS ESTIMATE MITCHELL ENTERPRISES, LID 700 N. CROCKETT SHERMAN, TEXAS 75090 SPAWOLASS CMS. CONSTRUCTION, INC. I MOO WEST ROAD HOUSTON. TEXAS 77041 BAY LID 1414 VALERO WAY CORPUS CHRIST, TEXAS 78409 617 801 S.F P.620-5.2 PAVEMENT MARKING REMOVAL 111.00 59.811.00 53.00 52.403.00 52-69 92.154.69 13.40 32.723.41 018 - 0.4 ACRE 1.9015.1 SEEDING 37.0300 32.800.00 19.000.00 93.600.00 128,393.10 11105727 330.000.00 112.000.0C 1119 367 S Y 1.904-5 1 SODDING 315.00 58.506.00 513.00 14,77106 924.03 68.519.01 526.00 19,542.00 920 875 LF. L1085,1NO. 8 AWG, SkV, L 824,TYPECCARLF INSTALLED IN TRENCH, OUCT BANK 0R CONDUIT 12.00 11,750OG 54.00 $3.500.00 31.82 51,592.50 91.95 51,70621 621 375 LF. 1'108.5-2NO. 6AWG, SOLID, BARE COUNTERPOISE WIRE,INSTALLED IN TRENCH. ABOVE THE DUCT BANK 071 CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS 1200 3750.00 17.00 12.625.00 92.33 5873.75 11.95 373125 622 375 LF 11105 1 NON-ENCASED. ELECTRICAL CONDUIT 1'WAY I'C 51500 35.625.00 16.00 33.000.00 57.82 32.820.00 115.75 15.908.2E SUBTOTAL PART B - BASE BED -TERMINAL APRON (Items 161 thru 822) 12443.000.00 11.720.928.00 32.164,455.15 12.637,426.3! Part C -BASE BD - EAST OA APRON Cl 1 LS 55.3I0 -3.15,7E PREPARATION 5250.385.00 1254365.00 114.439.00 314.439.00 510241707 1102.117.07 $6.200.00 56200.'• C2 1 LS. 553304.1 TRENCH AND EXCAVATION SAFETY SYSTEMS 55000.00 3500000 586200 1862.00 56 437.85 36.437.35 31,300.00 11.300.... C3 2635 5.Y P-101.5.2 PAVEMENT REMOVAL ASPHALT I31'} 310.00 326.350.00 318.00 547.430.00 510.06 526,508.10 38.10 521.343. , C4 33 S.Y P 101 5.3 PAVEMENT REMOVAL, PCC E31'} 510.00 9330.00 560.00 51,960.00 3157.45 15.185.85 8130.00 14.290.•, C5 1027 C.Y. P.1524.1 UNCLASSIFIED EXCAVATION $15 00 115.405.00 525,00 925,675.00 523.30 $23.929.10 356.00 S16.432... C6 1000 C.Y. P 15242 UNSUITABLE EXCAVATION 530.00 330.000.00 53000 130,000.00 52269 322690.00 547.00 547,000., , C7 2635 S.Y. 9-155.8.1 LIME TREATED SUBGRADE(12°I 56.00 115.610.00 51400 136,590.00 11120 120512.00 97.50 119762.., C8 87 TON P-155.8.2 LIME 5250.00 321.750.00 9261.00\ 922,707.00 5242.46 521.094.02 5260.00 824.360.,, 19 1 LS. P156-5.1 TEMPORARY EROSION CONTROL 530.000.00 53000490 93,636.00 13.838.00 59.894.43 99.894.43 126.200.00 926200... 010 2635 S.Y P-304-8.1 CEMENT TREATED LASE COURSE (141 535.00 392.225.00 544.00 1115.940.00 343.55 $114.754,25 $35.00 S92.225... Cll 2666 S.Y. P-5018.1 PORTLAND CEMENT CONCRETE PAVEMENT (15') 5210.00 5560,280.00 5119.00 1317.492.00 1180,11 5427.173.46 1230.00 6613.040.', C12 281 S.F P-620-5.1 la PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA 53.00 5843.00 53.00 5643.00 13.67 5103127 53.40 5955.4, C13 518 S.F. P-6205,116 PAVEMENT MARKINGS {BLACK) WIT70UT REFLECTIVE MEDIA 53.00 51.554.00 52.00 11036.0k 32.94 51.522.02 53.40 51.7612° 114 188 S.F. P-620-5.2 PAVEMENT MARKING REMOVAL $11.001 12.068.00 53.00 _ 5564.00 52.69 $505.72 53.40 $839 , SUBTOTAL PART C -BASE BID - EAST GA APRON IC1 thn$ C141 $1,052.000.00 $619-894,00 5792688.06 $876,106. • . ADCITVE ALTERNATE I Pin 0-ADOINEE ALTERNATE I -EAST OA APRON 0! I 1 EACH SS301 5.1 EXISTING BASE MOUNTED EDGE LIGHT, REMOVED 1 f300,00 5300.0 9434.00 5404.05 5132.00 513205 52200.04 32.200., RECONSTRUCTION CONSTRUCITON EAST GA AND TERMINAL APRON ECO PROJECT NO. E3 i N4 ENGINEERS ESTIMATE MITCHELL ENTERPRISES, LTD 700 N. CROCKETT SHERMAN, TEXAS 75090 SPAWGLASS CONSTRUCTION, 13800 WEST HOUSTON. TEXAS CIVIL INC. ROAD 77041 BAY 1111 VALERO CORPUS CHRISTL LTD WAY TEXAS 76409 02 2 EACH SS-3105.1 L.661T{L1 BASE MOUNTED TAXIWAY EDGE UGHT, INSTALLED 32.500.00 55.000.00 11.170.00 52.438 OC 91.117.72 32.235.44 51,700.00 93.100.00 03 1615 S.Y P.101-5.2 PAVEMENT REMOVAL ASPHALT 1111 510.00 918.150.00 Si8.00 529,070.00 . 313.91 322.464.65 18.70 514.050.50 04 647 C.Y. P-152--1 UNCLASSIFIED EXCAVATION 515.00 99.705.00 125.00 116,175.0 119.79 112804.13 912.00 57,764.00 05 1639 S.Y. P-155.9,1 LIME-TREATED SUBGRADE 1121 56.00 99.534.00 514.00 122948-00 517.23 526.239.97 17.50 517.29250 D6 54 TON 9-155-6.2 LIME 5250.00 913.500.00 1261.00 114.094.00 5242.46 113.092.51 3211.00 511.394.00 D7 1627 5-Y, 9-3048.1 C0MENT•TREATED BASE COURSE 2101 935.00 556.945.00 344.00 171.588-00 540.10 365.242.70 931.00 350.437.00 08 1615 S.Y P-501.6.1 PORTLAND CEMENT CONCRETE PAVEMENT {]5'{ 9210.00 3330150.00 5119.00 5192.105.00 5167,67 5270,767.0 1210.00 1339.150.00 09 0I ACRE T.901 5.1 SEEDING 57.000.00 1700.00 59.000.00 1900.00 939.504.90 53.950.49 947000.00 54.700.00 010 56 S.Y 7.904-5 1 SODDING 515.00 3640-00 513.00 3726.00 324,03 31,345.64 120.00 91.120.00 011 400 LF 1.108.5 I NCI AWG, 5 kV, L-824, TYPE [CAME. INSTALLED IN TRENCH. DUCT BANK OR CONDUIT 52.00 mama 34.00 51.600.00 32.07 5626.011 51.55 9620.00 012 100 LF 1.108.5.2 NO 6 AWG, 5000, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE OUCT BANK OR CONDUIT, INCLUDING GROUND ROOS AND GROUND CONNECTORS 92.00 0200.00 14.00 $400.00 55.09 5509.00 51.55 5155.00 013 100 LF L-110.5 1 NON-ENCASED, ELECTRICAL CONDUIT. 1•WAY 2"C 31500 51.500.00 $4.00 3400.0', 39.66 9968.00 51250 11.250.00 SUBTOTAL PART D - ADDITIVE ALTERNATE I -EAST OA APRON 1D1 tars D131 3454,824.00 1353445.00 1422,597.95 9446.533.00 ADDITIVE ALTERNATE 0 - Pad E- ADDITIVE ALTERNATE 6 - EAST GA APRON El 807 0Y 9-101 5.2 PAVEMENT REMOVAL, ASPHALT 1111 510.00 56070.00 518.00 514.526.00 510.06 38,118.42 31225 59.555.75 E2 314 C.Y P-15241UNC1ASSIFIE0C4CAVATION 11500 $6.00 54710.00 54.914.00 125.00 514.00 17.550,00 511468.00 537.47. 517.53 511.765.56 114,357.07 916.75 911.67 55.259.50 59.557.73 E3 619 S.Y 9-1558 1 UME TREATED SUBGRADE 0I1 E4 27 TON P 155-8.2 LIME 1250.00 56 750.00 5261.00 57.047.00 1242.46 18.548.42 $220.00 55.940.00 ES 813 S.Y. P 304.8.1 CEMENT-TREATEO BASE COURSE (101 135.00 128.155.00 $14.00 535.772.00 94325 535,166.64 528.00 522.764.00 E6 607 S.Y. P-501.9.1 PORTLAND CEMENT CONCRETE PAVEMENT 1151 5210.00 5169.470.00 3119.00 596.033.00 9183.19 5148.076.43 5230.00 5165.610.05 E7 28 S.Y. T-904-5.1 SODDING 115.00 9120.00 113.00 1364.00k 124.01 3672.28 529.00 3612.00 SUBTOTAL PARTE-ADDITIVE ALTERNATE R • EAST OA APRON 4E1 Sum E71 5222.789.00 5173.055.00 5224,722.04] 1239.625.96 f ADDITIVE ALTERNATE 111 Pad F - ADDITIVE /ALTERNATE 10 -EAST GA APRON 91 807 S.Y 1.•101 5.2 PAVEMENT REMOVAL ASPHALT 111'1 510.00 36.070.00 518.00 T 514.526.00 51006 98,110.42 112.25 59.565.75 F2 314 C.Y. 9 15241 UNCLASSIFIED EXCAVATION 115.00 54710.00 325.00 97.650.00 537.47 111755.66 118.75 55.259.5E F3 819 S.Y 9-155.8.1 UME TREATEDSUBGRADE 117-1 56.00 11.91400 114.00 111.466.0k 517.53 514.357.07 511.67 $9.557731 EAST OA AND TERMINALAPRON RECONSTRUCTION N , ER3 & ECON PROJECTENGINEERS ESTIMATE MITCHELL ENTERPRISES, LTD 700 N. CROCKETT SHERMAN, TEXAS 75090 SPAWGLASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 BAY LTD 1414 VALERO WAY CORPUS CHRISTI, TEXAS 70409 F4 27 TON P.155-8.2 LIME 5250.00 38.750.00 5261.00 57.047.60 3242.48 38548.42 5220.00 15.940.00 F5 613 S.Y. P-304-8.1 CEMENT•TREATEO BASE [GORSE (14') 535.00 528.455.00 544.00 535.772.00 34328 535.188.64 520.00 522.764.00 F6 807 S.Y. P501-8.1 PORTLAND CEMENT CONCRETE PAVEMENT IIS') 5210.00 5189.470.00 5119.00 596.03300 1183.47 5146.06029 $220.00 *177.540.00 F7 28 S Y. 7 904 51 SODDING 51500 3420.00 517.00 3384.00 124.01 5872.2E 529.00 3812.00 SUBTOTAL PART F -ADDITIVE ALTERNATE 01- EAST OA APRON IF1 time F7) 5222.789.0C 5173.056.00 5224,708.70 $231.759.98 BASE BIO SUMMARY TOTAL BASE BID - PART A 3360000.00 3503,958.00 5412.566.00 3182.500.00 TOTAL BASE ON/ - PART B 52.443000.00 31.720.928.00 52.164,455.15 52 637,426.95 TOTAL BASE BIP - PART C 51.052.000.00 1619694.00 5792.666.06 $878,108.80 GRAND TOTAL BASE IND 53.855000.00 32,844,576.0C 53,369.88721 33698,035.15 Designates Cone :led Total Price - Ener in Extensions ADDITIVE ALTERNATE SUMMARY TALADDITIVE ALTERNATE' • IPART DI 3454,624.00 3353.446.00 5422597.95 5448,533.00 TAL ADDITIVE ALTERNATE I - MART E) [ 5222,789.00 3173,058,08 5224 72284 $239,829.98 TOTAL ADDITIVE ALTERNATE 01 • MART F) . 5222,789.00 3173 058.00 3224 706.70 5233 758.98 Designates Cone :led Total Price - Ener in Extensions ENGINEERING SERVICES PO Box 9277 Corpus Christi Texas 78469-9277 1201 Leopard stmt 3'd Flom Corpus Christi Texas 78401 Phone 361-826-3500 Fax 361-826-3501 www.ectexas.coon Construction Inspection 4917 Holly Rd., Bldg 5 Carpus Christi Texas 78411 Phone 361-826-3555 Fax 361-826-3520 September 7, 2017 Mitchell Enterprises, Ltd P.O. Box 3109 Sherman, Texas 75091 Re: Rejection of Bid for Projects # E15223 and E15234 Corpus Christi international Airport East GA and Terminal Apron Reconstruction Projects Dear Bidder. The City of Corpus Christi (the "City") received your bid for Projects # El 5223 and E15234, Corpus Christi international Airport, East GA and Terminal Apron Reconstruction Projects. The City hereby rejects your bid for the following reason(s) listed in the bid documents. 24.01 The following will be cause to reject a Bid. ❑ BID ACKNOWLEDGEMENT FORM/Bid Submittal is not signed. ❑ No Bid Security, with Power of Attorney, submitted as required. ❑ Evidence of collusion among Bidders. ❑ Swom testimony or discovery in pending litigation with City which discloses misconduct or willful refusal by Bidder to comply with subject contract or Instructions of City. ❑ Failure to attend the mandatory Pre -Bid Conference. ❑ Bidder has been debarred or suspended by Owner. ❑ Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. 24.02 The following may be cause to reject a Bid or to deem a Bid non-responsive or irregular: ❑ Poor performance under a previous City contract. ❑ Failure to achieve reasonable progress on an existing City contract. ❑ Default on previous contracts. ❑ Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements. El Bid contains omissions, alterations of form, additions, qualifications or conditions not called for by City, or is incomplete. ❑ Failure to acknowledge receipt of Addenda. ❑ Evidence of Bidder's lack of capacity to perform the Work. September 7, 2017 Page 2 of 2 ❑ Failure to submit STATEMENT OF EXPERIENCE within the allotted time(s). ❑ Failure to timely execute Contract after award. ❑ Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.). ❑ Bidder's Safety Experience. ❑ Failure of Bidder to demonstrate, through submission of the Statement of Experience, the experience required as specified in Section 00 4516 STATEMENT OF EXPERIENCE. ❑ Evidence of Bidder's lack of sufficient resources, workforce, equipment or supervision. ❑ Unbalanced Unit Price Bid. ❑ Evidence of Bidder's lack of capacity to perform the Work. If you would like to have your bld documents returned, please contact us to schedule a pick up. Thank you for your interest in this project. Si , Dana M. Espinal, MBA Senior Protect Manager Engineering Services Reviewed by: ngineer o3 ord 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.GarverUSA.com August 23, 2017 City of Corpus Christi Engineering Services Attn: Mr. Jeff Edmonds 1201 Leopard Street Corpus Christi, Texas 78401 Re: Corpus Christi International Airport East GA and Terminal Apron Reconstruction — Project No. El 5223 and El 5234 Evaluation of Bids Dear Mr. Edmonds: Bids were received for the above referenced project at City Hall at 2:00 p.m. (local time) on August 9, 2017. The bids have been evaluated for accuracy and for compliance with the contract documents. A total of 3 bids were received on the project with Mitchell Enterprises, Ltd as the apparent low bidder. The tabulation of the bids received is also enclosed with this letter. Per Article 7 of Section 00 30 00 Bid Acknowledgement Form and Article 1 of Section 00 45 16 Statement of Experience, each bidder was required to provide the following for evaluation. 1. Bid Security 2. Section 00 30 00 Bid Acknowledgement Form and documentation of signatory authority 3. Section 00 30 01 Bid Form 4. Section 00 30 02 Compliance to State Law on Nonresident Bidders 5. Section 00 30 05 Disclosure of Interest 6. Section 00 30 06 Non -Collusion Certification 7. Section 00 72 03 Minority/MBE/DBE Participation Policy 8. Section 00 45 16 Statement of Experience Please consider the following as a summary of submittals we found to have information omittedor were potential discrepancies in each bidder's submittal. Mitchell Enterprises, Ltd. • Section 00 30 00 Bid Acknowledgment Form: o Form was signed and attested but bidder did not provide separate documentation for signatory authority, as required per Article 10 of this Section. • Section 00 72 03 Minority/MBE/DBE Participation Policy: o The DBE subcontractor, AJ Airfield Lighting and Signs, was committed to $390,000 of the proposed total amount (base bid and additive alternates) for electrical and civil work associated with lighting/signs and cement treated base/base courses. AJ Airfield Lighting and Signs is DBE certified as an electrical contractor (NAICS 238210) but not for civil work associated with cement treated base course/base course. o If DBE goals are not met, the form included in this Section titled, Schedule of DBE Mr. Edmonds August 23, 2017 Page 2 of 3 Unavailability, is required to be signed by bidder. This form was not provided. o The bidder's total price for lighting/signs and cement treated base/base course is equivalent to 18.2% of the total proposed amount (base bid plus additive altemates) proposed. The percentage committed to the DBE subcontractor, AJ Airfield Lighting and Signs, per the DBE participation forms provided by the bidder does not match percentage proposed in bidder's Section 00 45 16 Statement of Qualifications for description of work to subcontract. • Section 00 45 16 Statement of Experience: o As required in Table 1 of this Section, in response to the question regarding bidder's average revenue for this current year, the bidder stated $12,000,000. The bidder's proposed total bid of $3,544,140 is approximately 30% of the bidder's estimated revenue. o The following questions were required to be addressed with a yes/no response, per Table 1 of this Section. ■ Question 1 regarding bidder's history of being disqualified from a bid within the past 10 years was not answered yes/no, but instead answered as not applicable. Due to the response from this question we cannot determine if this event has occurred. ■ Question 2 regarding bidder being released from bid or proposal in the past 10 years was not answered yes/no, but instead answered as not applicable. Bidder omitted disclosing a request on July 15, 2016 for release from previous bid with City of Corpus Christi for project El 5221. Question 3 regarding history of bidder being in default on project or failure to complete work was not answered yes/no. but instead answered as not applicable, Due to the response from this question we cannot determine if this event has occurred. • Question 4 regarding bidder being involved in claims or litigation with project owners within the past 10 years (and if answer is yes, provide details in a separate attachment) was answered yes. Bidder acknowledged current claim with the City of Wichita Falls but details in separate attachment were not provided. Follow up with project owner indicated this is not a claim but currently in litigation. • Question 5 regarding history of liens or claims for outstanding invoices for project begun within the preceding three years was not answered yeslno, but instead answered as not applicable. Due to the response from this question we cannot determine if this event has occurred. o As required per Table 2 of this Section, the names of entities performing subcontracting work was not provided. Estimated percentage of contract price for base courses and electrical work to be subcontracted did not match that provided for DBE subcontractor committed to 11.0% in Section 00 72 03. o The following was determined from a follow up discussion with references provided by the bidder for the project experience, as required per Table 3 of this Section. • Reference follow up on the Taxiway and Apron Improvements project at Perryton-Ochiltree Airport reported contract time was 270 calendar days with 107 days for weather and time suspension for a total of 377 contract days; bidder stated contract days was 385 days. Reference stated the project was Mr. Edmonds August 23, 2017 Page 3 of 3 351 days late. Number of days late was omitted by bidder. • Reference follow up on the Hangar and Apron Improvements project at South Texas International Airport confirmed bidder's statement regarding issues with site work contractor failing to meet grades, but also indicated issues obtaining TCEQ approval for fuel storage tank removal which resulted in the original completion date of January 26, 2017 passed and number of days late are still accruing. Number of days late was reported by bidder as 64. • Reference follow up on the Phase II Construction project at Waco Regional Airport confirmed contract was 92 days late. Number of days late was omitted by bidder. • Reference follow up on the Taxiway Rehabilitation at Wichita Falls confirmed project was deemed substantially complete on July 26, 2017 and is a minimum 409 days late as reported by bidder. Bidder stated the claim/issue/litigation is currently in negotiation, however, reference confirmed this issue is in litigation. SpawGlass Civil Construction, Inc. • Bid Security: o Bidder provided a correct City project name but incorrect City project number. Bay, Ltd. • Section 00 72 03 Minority/MBE/DBE Participation Policy: o The minimum goal of 8.87% was not met and provided one email to one potential firm as good faith effort. • Section 00 45 16 Statement of Experience: o Resumes for key personnel were not provided as required by Table 2 of this Section. o Backup documentation for the bidder's Experience Modification Ratios, as required by Table 1 of this Section, was omitted. Due to the failure to provide information and the potential discrepancies noted above for the apparent low bidder, we are unable to provide a recommendation of award. Additionally, we recommend the City consult with the FAA as it considers awarding the contract. Sincerely, GARVER, LLC Crbord, P.E. oject nager Attachments: Tabulation of Bids Cc Fred Segundo; Mario Tapia, Victor Gonzalez, Frank Mclliwain Dana @spinal, Sylvia Amaga Jerry Shoemaker. Marcelino Sanchez 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: 2017-265597 Date Filed: 09/26/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SpawGlass Civil Construction, 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. E15223 & E15234 CCIA East GA and Terminal Apron Reconstruction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SpawGlass Holding LP Selma, TX United States X SG Enterprises, Inc. Selma, TX United States X SpawGlass Employee Holding Co Selma, TX United States X Blalock, Robert Austin, TX United States X AI-Nahhas, Amer Katy, TX United States X Friedel, Robert Garden Ridge, TX United States X Stone, Joel Buda, TX United States X Hinson, Dan Pearland, TX United States X Dralle, Laurie San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 , i AFFIX Sworn 20 AFFIDAVIT —ems —pppoilllimlillagftallerlintellinfillir o� °G ROBIN Y FALKE A „Ir. Notary Public, State of Texas PI Commission Expires F F JUNE 7, 2018 misupgrumeginseamosicoftwasumasPisws NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said 1—) , to certify which, witness my hand I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity !� ` ry e..( R(-' `'Gi'. S , this the 01,4' day of k _ and seal of office. .--Z6,10-.....4 \'JlY'1 -G.\ 1.-.C.- NOVCLV- Printed name of offi er administering oath Title of officer administ ring oath Signature of officer a ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 �1 U.S. Department of Transportation Federal Aviation Administration SPONSOR COPY GRANT AGREEMENT PART 1 —OFFER 3-48-0051-056-2017 Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Corpus Christi, Texas (herein called the "Sponsor") September 7, 2017 Corpus Christi International Airport 3-48-0051-056-2017 782001259 FROM: The United States of America(acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated September 7, 2017, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport (herein called the "Project") consisting of the following: Rehabilitate Terminal Apron, (Construction); Rehabilitate Terminal Apron (Design); Rehabilitate East GA Apron, (Construction); Rehabilitate East GA Apron, (Design) which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014,and the Sponsor's acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. 1 3-48-0051-056-2017 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS ANDAGREESto pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $5,576,215. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $5,576,215.000 airport development. 2. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR §200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR §200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2017, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or 2 3-48-0051-056-2017 misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-705-5771) or on the web (currently at http://fedgov.dnb.com/webform). 12. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by 525,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of condition No. 1. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 3 3-48-0051-056-2017 16. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 17. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; C. May be increased by not more than 15 percent for land project. 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR §180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR §180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 4 3-48-0051-056-2017 21. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 18, 2012, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 23. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General — Actions, limitations and exceptions of the Inspector General's office are established under 41 U.S.C. § 4712(b) 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under4l U.S.C. § 4712(c). 5 3-48-0051-056-2017 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIA ON ADMINISTRATION 1, (Sign' !u ) Ben Gutt ry (Typed Name) Manager, Texas Airports District Office (Title of FAA Official) 6 3-48-0051-056-2017 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penaltkof perjury that the foregoing is true and correct.' �Z t 4-1,oD Executed this 8 day of n City of Corpus Christi, Texas By: Title: (Name of Sponsor) gnature of Sponsor's Authorized Official) Iv►'r; C. l v v /q� (Typed Name of Sponsor's Authorized Officiaal),� Assi, AN'+c CLQ- MANAC�a'R (Title of Sponsor's Authorized Officidl rJJ ������jj� �f CERTIFICATE OF SPONSOR'S ATTORNEY 1, G i/Zeth kh I the lei/ , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor/is empowered to enter into the foregoing Grant Agreement under the laws of the State oft &k: S. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms th= -of. 5 0 t Dated at ''_ I �/ (location) this __ _day of By: (Signature of Sp•nsor's Attorney) 'Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 7 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 7, 2017 Second Reading for the City Council Meeting of November 14, 2017 DATE:October 10, 2017 TO:Margie C. Rose, City Manager FROM:William J. Green, P.E., Interim Director, Development Services Department BillG@cctexas.com (361) 826-3276 CAPTION: Case No. 0917-04 Guernsey: A change of zoning from the “RS-6” Single Family 6 District to the “ON” Neighborhood Office District. The property is described as being 0.655 acres out of 26.32 acres of U Lott Tract, located on the south side of Staples Street, east of Casa Linda Drive, and west of Hayward Drive. PURPOSE: This property proposes to develop two office buildings on the property with a maximum square footage for each building of 4,000 square feet and each having an approximate height of 20-22 feet to ridge. RECOMMENDATION: Planning Commission and Staff Recommendation (October 4, 2017): Approval of the change of zoning from the “RS-6” Single Family 6 District to the “ON” Neighborhood Office District Vote Results: For: 5 Against: 0 Absent: 4 Abstained: 0 BACKGROUND AND FINDINGS: “RS-6” Single Family 6 District to the “ON” Neighborhood Office District to allow for the construction of two buildings with neighborhood office uses. Each building will Rezoning Property Located at 3413 South Staples Street be a maximum of 4,000 square feet with an approximate height of 20-22 feet to ridge. The site can accommodate 33 parking spaces and two driveways are requested. The proposed rezoning to the “ON” Neighborhood Office District is not consistent with the adopted Future Land Use Map. However it is consistent with PlanCC and the Southeast Area Development Plan. The proposed rezoning is also compatible with the general character of the surrounding area, which are a combination of low density residential, medium density residential, and commercial uses. 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 Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning is not consistent with the Future Land Use Map. However, it is consistent with PlanCC, the Southeast Area Development Plan and the character of the surrounding area. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ 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 Eugene Guernsey and Celeste Guernsey (“Owners”), by changing the UDC Zoning Map in reference to 0.655 acres out of 26.32 acres of U Lott Tract, from the “RS-6” Single Family 6 District to the “ON” Neighborhood Office 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 Eugene Guernsey and Celeste Guernsey (“Owners”), for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, October 4, 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 “ON” Neighborhood Office District, and on Tuesday, November 7, 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 Eugene Guernsey and Celeste Guernsey (“Owners”), the Unified Development Code (“UDC”) of the City of Corpus Christi, Texas (“City”) is amended by changing the zoning on a property described as 0.655 acres out of 26.32 acres of U Lott Tract, located on the south side of Staples Street, east of Casa Linda Drive, and west of Hayward Drive (the “Property”), from “RS-6” Single Family 6 District to the “ON” Neighborhood Office District (Zoning Map No. 045040), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-04 Joe Garcia\Council Documents\Ordinance_0917-04_Guernsey.docx Page 2 of 3 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\0917-04 Joe Garcia\Council Documents\Ordinance_0917-04_Guernsey.docx Page 3 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 STATE OF TEXAS JOB NO. 14-3026 COUNTY OF NUECES 0.655 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of a 27.75 acre tract conveyed to Winnifred Laughlin Benton as in Volume 300, Page 268 of the Deed Records of Nueces County, Texas, same being the property as described and conveyed in Document No. 2006053546 of the Warranty Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 1/2 inch iron rod found for the South corner of this tract, same being the East corner of Lot 1, Block 1, W.B. Ray Heights as recorded in Volume 14, Page 51 of the Map Records of Nueces County, Texas, same lying in the Northwest right-of-way margin of Hayward Drive; THENCE, along the common boundary line with said Lot 1, BIock 1, NORTH 53 degrees 29 minutes 16 seconds WEST 110.00 feet to a 1/2 inch iron rod found for the West corner of this tract, same being the North corner of said Lot 1, Block 1, same lying in the Southeast boundary line of Lot 7, Block 15, Casa Linda Estates Unit 1 as recorded in Volume 18, Page 27 of the Map Records of Nueces County, Texas; THENCE, along the common boundary line with said Block 15, Casa Linda Estates Unit 1, NORTH 36 degrees 29 minutes 40 seconds EAST 270.04 feet to a drill hole found for the North corner of this tract, same being the East corner of said Block 15, Casa Linda Estates Unit 1, same lying in the Southwest right-of-way margin of South Staples Street; THENCE, along said Southwest right-of-way margin of South Staples Street, SOUTH 31 degrees 00 minutes 28 seconds EAST 122.64 feet to a 5/8 inch iron rod set for an East corner of this tract, same being the point of curvature of a curve to the right at the intersection of said South Staples Street with said Hayward Drive; THENCE, along said curve to the right with a radius of 30.00 feet, a central angle of 89 degrees 56 minutes 47 seconds, a length of arc of 47.10 feet, a tangent of 29.97 feet and a chord bearing and length of SOUTH 14 degrees 01 minutes 56 seconds WEST 42.41 feet to a 5/8 inch iron rod found for the end of said curve and point of curvature of a curve to the left, same lying in said Northwest right-of-way margin of Hayward Drive; THENCE, along said Northwest right-of-way margin of Hayward Drive and with said curve to the left, with a radius of 255.90 feet, a central angle of 22 degrees 30 minutes 19 seconds, a length of arc of 100.52 feet, a tangent of 50.91 feet and a chord bearing and length of SOUTH 47 degrees 45 minutes 10 seconds WEST 99.87 feet to a 5/8 inch iron rod found for the end of said curve and a corner of this tract; THENCE, continuing along said Northwest right-of-way margin of Hayward Drive, SOUTH 36 degrees 30 minutes 00 seconds WEST 86.01 feet to the point of beginning and containing 0.655 acre of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the _14t day of _November , 2014. Ronald A. Voss, Registered Professional Land Surveyor No.2293 EXHIBIT A B. RAY HEIGHTS V. 14, P.51 (M.R.N.C.T.) t`• o`Zg ,40 . 30 O Q� \ ' ��©p0 �6, V ,� V LOT 7 0 CASA LINDA ESTATES UNIT 1 V. 18, P. 27 (M.R.N.C.T.) "VACANT LOT" LOT 1 15 SERVICE )7'' DRIVE 11)".L9—' o0 G1 6'9,6 --(S /40 � 1/1/St. r` g 4/) ,-SET 518" I.R. [S 31° 00' 00" E 122.57] (S 31° 00' 28" E 122.64') SOUTH STAPLES STREET NOTES: (1.) Found 518" I.R. @ all lot corners unless noted otherwise. (2.) House Ties are to the foundation. I, Ronald A. Voss, a Registered Processional Land Surveyor, do hereby certify that this survey was made on the ground of the property shown hereon under my direction and supervision; that it is my knowledge and belief; that there are no apparent encroachments or overlapping of improvements with the deed lines except as shown hereon. This Survey was performed without the benefit of a Title Policy or Title Opinion. NOTE: THIS SURVEY IS FOR THE SOLE USE OF THE BUYER, TITLE COMPANY, OR MORTGAGE COMPANY IN THIS TRANSACTION ONLY. NO LICENSE HAS BEEN CREATED, EXPRESSED OR IMPLIED, TO COPY THE SURVEY, WHICH I5 VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER: /,r ly.'- PD. D.N. This property Iles within Zone C, according to FIRM 85 which Is NOT within the 100 year Flood Plain. NOT VALID WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL. Registered Professional Land Surveyor State of Texas No. 2293 DATE: 11/14/2014 REVISION: CREW: RS & DL OFFICE: RV & RG GF#: JOB#: 14-3026 0.665 Acre Out Of A 27.75 Acre Tract Conveyed To Winnifred Laughlin Benton In Volume 300, Page 268 (D.R.N.C.T.) & And As Described And Conveyed In Doc. No. 2006053546 (W.D.R.N.C.T.) Corpus Christi, Nueces County, Texas KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL FENCE VOSS ENGINEERING, INC. ENGINEERING & LAND SURVEYING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415 PHONE: 361.854.6202 FAX: 361.853.4696 EXHIBIT B City Council Presentation November 7, 2017 Zoning Case #0917-04 Eugene and Celeste Guernsey From: “RS-6” Single Family 6 District To: “ON” Neighborhood Office District 2 Aerial Overview Subject Property at 3413 S. Staples Street 3 N 4 Zoning Pattern “ON” 1995“CN-1/SP” 1995 “CN-1” 1999“CN-1” Pre-1967 “RS-6” 1995 “RS-6” “RM-1” Pre-1967 Subject Property “RS-6” Pre-1967 5 Staff Recommendation Approval of the “ON” Neighborhood Office District PLANNING COMMISSION FINAL REPORT Case No. 0917-04 INFOR No. 17ZN1032 Planning Commission Hearing Date: October 4, 2017 Ap p l i c a n t & L e g a l De s c r i p t i o n Owner: Eugene and Celeste Guernsey Applicant/Representative: Joe Garcia Location Address: 3413 South Staples Street Legal Description: Being 0.655 acres out of 26.32 acres of U Lott Tract, located on the south side of Staples Street, east of Casa Linda Drive, and west of Hayward Drive. Zo n i n g Re q u e s t From: “RS-6” Single Family 6 District To: “ON” Neighborhood Office District Area: 0.655 acres Purpose of Request: This request is to build two office buildings on the property. The maximum square footage for each building is 4,000 square feet with each having an approximate height of 20-22 feet to ridge Ex i s t i n g Z o n i n g a n d La n d U s e s Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 District Vacant Medium Density Residential North “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential South “CN-1” Neighborhood Commercial District Commercial Commercial East “CN-1/SP” Neighborhood Commercial District with Special Permit “RM-1” Multi-Family 1 District Commercial Medium Density Residential Commercial Multi-Family Residential West “RS-6” Single-Family 6 District Low Density Residential Medium Density Residential AD P , M a p & Vi o l a t i o n s Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “ON” Neighborhood Office District is inconsistent with the adopted Future Land Use Map. However, it is consistent with the Southeast ADP. Map No.: 045040 Zoning Violations: None Staff Report Page 2 T ra n s p o r t a ti o n Transportation and Circulation: The subject property has approximately 155 feet of street frontage along Staples Street which is designated as A-1 a Minor Arterial Undivided and 220 feet on Hayward Drive which is designated as Local Residential. St r e e t R . O . W . Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Staples Street “A1” Minor Arterial Undivided 95’ ROW 64’ paved 100’ ROW 65’ paved No Data Available Hayward Drive “Local” Residential 50’ ROW 28’ paved 60’ ROW 30’ paved No Data Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single Family 6 District to the “ON” Neighborhood Office District to build two office buildings. Development Plan: The subject property is comprised of 0.655 acres and planned for the construction of two office buildings on the property. The maximum square footage for each building is 4,000 square feet with each having an approximate height of 20-22 feet to ridge. Existing Land Uses & Zoning: The existing site is zoned “RS-6” Single Family 6 District and is vacant. The properties to the north make up the Casa Linda Estates subdivision and are also zoned “RS-6” Single Family 6 District. The east is zoned both “RM-1” Multifamily 1 District and “CN-1/SP” Neighborhood Commercial District with a special permit in 1995 with use of the Buccaneer Apartments and Peerless Cleaners, respectively. To the south is “CN-1” Neighborhood Commercial District with several uses in the Casa Linda Shopping Center including retail, salon, cleaners, insurance agency, and a restaurant. The west is zoned “RS-6” Single Family 6 District with the continuation of the Casa Linda Estates subdivision. 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. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the “ON” Neighborhood Office District is inconsistent with the Future Land Use Map. The following policies of the Southeast ADP and PlanCC are applicable to this case: Staff Report Page 3 •Stabilize and conserve residential neighborhoods (Southeast ADP, Policy Statement a.). •Encourage a well-integrated development plan that protects existing residential neighborhoods when conversion of residential use to higher intensity use occurs. (Southeast ADP, Policy Statement f.). •Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. (PlanCC, Element 3, Goal 9). •Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (PlanCC, Element 4, Goal 2). •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. (PlanCC, Element 7, Goal 1, Strategy 5). Department Comments: •The proposed rezoning is compatible with PlanCC, and the Southeast 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 residential development. •Neighborhood Office is an appropriate transitional zoning for properties abutting residential uses. Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the “RS-6” Single Family 6 District to the “ON” Neighborhood Office District. Vote Results: For: 5 Opposed: 0 Absent: 4 Abstained: 0 Pu b l i c N o t i f i c a t i o n Number of Notices Mailed – 23 within 200-foot notification area 6 outside notification area As of September 29, 2017: In Favor – 1 inside notification area –0 outside notification area In Opposition –1 inside notification area –0 outside notification area Totaling 2.42% 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\0917-04 Joe Garcia\Council Documents\CC Report_0917-04_Guernsey.docx SUBJECT PROPERTY DateCreated: 9/8/2017 /l Pjrepared,By:/JerremyM"\ Department of Development Services \ % F /\ CASE: 0917-04 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 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home YIN City of Corpus __ Christi ' LOCATION MAP (LOCATION MAP] ��rpus Christi uevelopment Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 18 176000010010 ALSU INC 1400 Ocean Dr Apt 902E Corpus Christi, TX 78404 ("— AIMW ZIP 78401 $ 000.46° 02 411 0000340617 SEP 22 2017 CASE: 0917-04 SUBJECT PROPERTY WITH ZONING ® Subject Properly R10.1 libaftnarably I RN2 PWltlhm+l2 w-7 WRIIarnity 3 ON Pref I fl.I dike RIA -AT MORSfamlly AT CNA Nagnb@Mead Camelot= D1.2 Nalyhbohood Common.! CR Mien Cemmarclel CR.2 CG I CG -2 u CSP CR.} FR 11 RP Moen Cemmerdal Ganem Commercial General Commercial Nnnabe Common's! baronial= Commercial Rood Cemmercb' F.rm Rural NNW; Crarby Yuantie Park R. light Industrial $ Neany Induatrbl PUO Phoned Unk Mr. dewing RS 10 Slnyb-FemlPy 10 RS -0 Single -Family S RS -an SInsinFamly a S R6 -TF Tial-F2310y RS -1 F Sln0N.FawlPV 1S RE Rafidantbl Eatab RS -Tel Townbduo SP Spacial Pwrnit Ry Raerutnml NOM. Part R. wlacto dPore _r Q City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested L.. the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nt)mero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a Ia commission durante la junta v su ingles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 hares antes de Ia junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-04 Eugene Guernsey and Celeste Guernsey have petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single Family District to the "ON" Neighborhood Office District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 0.655 acres out of 26.32 acres of U Lott Tract, located on 'the south side of Staples Street, east of Casa Linda Drive, and west of Hayward Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 4, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: dL-Sc -€, e_LAR J& N Wso AI 211. Address: / 416©O /411 DR. 9'o ZT3 CitylState: dog PQSt2-1R/.57-'', f X (vriN FAVOR ( ) IN OPPOSITION REASON: DE✓E-L /1E.n/T puri F12.' Mo_bac,L©,=R,CE 7,LA11-]/futti Nn/`rLL fM1-Rev/E7 H E At 1c 1-f a sH w Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1032 Property Owner ID: 18 Phone: 1�3h kr 7 - o©19S ( -LL 4, I) 2_15_ta687 Case No. 0917-04 Project Manager. Laura Sheldon Email: LauraS2@cctexas.com Printed Name: S a 1 t a 5 r 7-. 14- Pvi a h k Address: vZ L4 Q-4 City/State: C Phone: l) a 1J 1 ecc? ( ) IN FAVOR OO IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No 17ZN1032 Property Owner ID: 14 Signature Case No 0917-04 Project Manager Laura Sheldon Email: LauraS2@cctexas.com AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 7, 2017 Second Reading for the City Council Meeting of November 14, 2017 DATE:October 10, 2017 TO:Margie C. Rose, City Manager FROM:William J. Green, P.E., Interim Director, Development Services Department BillG@cctexas.com (361) 826-3276 CAPTION: Case No. 0917-05 AN Corpus Christi Chevrolet, LP.: A change of zoning from the “CG-1” General Commercial District to the “IL” Light Industrial District. The property is described as being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive (SH 358), east of Airline Road, and west of Nile Drive. PURPOSE: The purpose of this item is to rezone the property to allow for a vehicle repair facility including a paint and body shop accessory to a vehicle sales establishment. RECOMMENDATION: Planning Commission and Staff Recommendation (October 4, 2017): Denial of the change of zoning from the “CG-1” General Commercial District to the “IL” Light Industrial District, in lieu thereof approval of the “CG-1” General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 5 Against: 0 Absent: 4 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the “CG-1” General Commercial District to the “IL” Light Industrial District to allow for a vehicle repair facility including a paint and body shop accessory to a vehicle sales establishment. Rezoning for a Property at 6686 South Padre Island Drive (SH 358) The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Future Land Use Map. However, the proposed use is consistent with the Southeast Area Development Plan (ADP) and PlanCC. ALTERNATIVES: 1. Deny the request. 2. Approve CG-1 to IL (3/4 vote required) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southeast Area Development Plan and is planned for commercial uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Future Land Use Map. However, the proposed use is consistent with the Southeast Area Development Plan (ADP) and PlanCC. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ 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: Ordinances Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code (“UDC”), upon application by AN Corpus Christi Chevrolet, LP. (“Owner”), by changing the UDC Zoning Map in reference to the property described as being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, from the “CG-1” General Commercial District to the “CG-1/SP” General Commercial District with a Special Permit; 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 AN Corpus Christi Chevrolet, LP. (“Owner”), for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 4, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the “CG-1” General Commercial District to the “CG-1/SP” General Commercial District with a Special Permit, and on Tuesday, November 7, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; 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 AN Corpus Christi Chevrolet, 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 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive (SH 358), east of Airline Road, and west of Nile Drive (the “Property”), from the “CG-1” General Commercial District to “CG-1/SP” General Commercial District with a Special Permit (Zoning Map No. 040035), as shown in Exhibits “A” and “B”. Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is “Vehicle Service, Heavy” as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 7:00 PM Monday through Saturday. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_Special Permit_AN Corpus Christi Chevrolet, LP..docx Page 2 of 3 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Outdoor Paging Systems/Intercom Systems : Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City’s official publication as required by the City’s Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_Special Permit_AN Corpus Christi Chevrolet, LP..docx Page 3 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 pilnntm.pn% o ol•nOl /aii •34 i e...-.� i 11 ;'t • T fate falx •b..i�•i 1111+ } 1 {II 1 1 1 I I I 1 I I r II 1 1 I 1 1 I I I 1 1 1 I' I I 1 i I I 1 1. r I 1 I N-7-33(- ASWAN DRIVE sir Rreuc aaw. X II I lilllllh� I, S �1'� F VIII 1 9i'OOnfr ger•,fmlpml weer 00• . 11 l`` 1 ;Il ,1 it jIlIIlillF WIRE Inii;1J1111I II `I i��iE1FE;EI1i#iEi illi E4 II ii�1 ; 1 ISP 1lo1.%111:11 iii h .1 [ i AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRNE 81.002 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN wmcww 1 COMM.; I � F= PO Ordinance amending the Unified Development Code (“UDC”), upon application by AN Corpus Christi Chevrolet, LP. (“Owner”), by changing the UDC Zoning Map in reference to the property described as being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, from the “CG-1” General Commercial District to “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 AN Corpus Christi Chevrolet, 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, October 4, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the “CG-1” General Commercial District to “CG-1/SP” General Commercial District with a Special Permit, and on Tuesday, November 7, 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 AN Corpus Christi Chevrolet, 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 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive (SH 358), east of Airline Road, and west of Nile Drive (the “Property”), from the “CG-1” General Commercial District to “IL” Light Industrial District (Zoning Map No. 040035), 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. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_AN Corpus Christi Chevrolet, LP..docx Page 2 of 3 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\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_AN Corpus Christi Chevrolet, LP..docx Page 3 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 TexasGeoTech ENGINEERING & LAND SURVEYING, INC. 347 ACRE TRACT Being 3.17 acre (138,070.86 sq. ft.) tract of land, out of Block 2 — Lot 1-R of the WOODLAWN ESTATES UNIT 3, a plat recorded in Volume 67, Pages 500-501 of the Map Records of Nueces County, Texas and being more fully described as follows; BEGINNING at a 5/8 inch iron rod found for the east corner of said Lot 1-R, same being the interior corner of Block 2— Lot 2-R of the said WOODLAWN ESTATES UNIT 3, said rod being the east corner of this tract; THENCE 5 28° 34' 54" W with the east lot line of said Lot 1-R, a distance of 316.28 feet to a point for the south corner of this tract; THENCE N 61° 31' 41" W a distance of 436.27 feet to a point for the west corner of this tract; THENCE N 28° 28' 34" E a distance of 316.28 feet to a point on the north lot Zine of said Lot 1-R and being the north corner of this tract; THENCE 5 61° 31' 41" E with the north lot line of said Lot 1-R, a distance of 436.27 feet to the POINT OF BEGINNING and containing 3.17 acres, more or Tess. This field notes description constitutes a legal document, unless it appears in its entirety, in its original from, seal and signature, surveyor assumes no responsibility or liability a distance of its correctness It is strongly recommended , a distance of the continuity of fixture surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. August 10, 2017 Lot 1-R.doc rrel L. Moore Register Professional Land License Number 4854 pilnntm.pn% o ol•nOl /aii •34 i e...-.� i 11 ;'t • T fate falx •b..i�•i 1111+ } 1 {II 1 1 1 I I I 1 I I r II 1 1 I 1 1 I I I 1 1 1 I' I I 1 i I I 1 1. r I 1 I N-7-33(- ASWAN DRIVE sir Rreuc aaw. X II I lilllllh� I, S �1'� F VIII 1 9i'OOnfr ger•,fmlpml weer 00• . 11 l`` 1 ;Il ,1 it jIlIIlillF WIRE Inii;1J1111I II `I i��iE1FE;EI1i#iEi illi E4 II ii�1 ; 1 ISP 1lo1.%111:11 iii h .1 [ i AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRNE 81.002 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN wmcww 1 COMM.; I � F= PO City Council Presentation November 7, 2017 Zoning Case #0917-05 AN Corpus Christi Chevrolet, LP From: “CG-1” General Commercial District To: “IL” Light Industrial District 2 Aerial Overview Subject Property at 6686 South Padre Island Drive 3 N 4 Zoning Pattern RS-6 Pre-1967 RS-6 Pre-1967 CN-1/SP 1982 CN-1 1967 CN-1 1973 CN-1 1965 RS-6 Pre-1967 RM-1 2013 RS-6/SP 2010 CG-1 1996 CG-2 1995 CG-2 Pre-1967 CN-1 Pre-1967 CG-2 Pre-1967 CN-1 Pre-1967 CG-2 1973 CG-2 1974 CG-2 1999 CG-2 2005 CG-2 1983 RS-6 Pre-1967 CG-2 1974 CG-2 1976 CG-2 1974 CG-2 Pre-1967RS-6/SP 1974 RS-6/SP 1981 RS-6/SP 1982 5 Site Plan 6 Building Plan Comparison Previously Approved Proposed 7 Staff Recommendation Denial of the “IL” Light Industrial District in lieu thereof Approval of the “CG-1” General Commercial District with a Special Permit (SP). PLANNING COMMISSION FINAL REPORT Case No. 0917-05 INFOR No. 17ZN1034 Planning Commission Hearing Date: October 4, 2017 Ap p l i c a n t & L e g a l De s c r i p t i o n Owner: AN Corpus Christi Chevrolet, LP. Applicant: MULTATECH Architects & Engineers Location Address: 6686 South Padre Island Drive Legal Description: Being 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive (SH 358), east of Airline Road, and west of Nile Drive. Zo n i n g Re q u e s t From: “CG-1” General Commercial District To: “IL” Light Industrial District Area: 3.17 acres Purpose of Request: To allow for a vehicle repair facility including a paint and body shop accessory to a vehicle sales establishment. Ex i s t i n g Z o n i n g a n d La n d U s e s Existing Zoning District Existing Land Use Future Land Use Site “CG-1” General Commercial Commercial Commercial North “RS-6/SP” Single-Family 6 District with a Special Permit Commercial Commercial South “CG-2” General Commercial Commercial Commercial East “RS-6/SP” Single-Family 6 District with a Special Permit Commercial Commercial West “CG-1” General Commercial Commercial Commercial AD P , M a p & Vi o l a t i o n s Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Future Land Use Map which calls for mixed uses. However, the proposed use is consistent with the Southeast Area Development Plan (ADP) and PlanCC. Map No.: 040035 Zoning Violations: None Tr a n s p o r t a ti o n Transportation and Circulation: The subject property due to rezoning by metes and bounds does not front upon a street. However, the platted lot has approximately 474 feet of frontage along Daly Drive which is designated as a Local/Residential Street and approximately 663 feet of frontage along South Padre Island Drive (SH 358) which is designated as a “F1” Freeway/Expressway. Staff Report Page 2 St r e e t R . O . W . Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Daly Drive Local/Residential 50’ ROW 28’ paved 50’ ROW 25’ paved N/A South Padre Island Drive “F1” Freeway/Expressway 400’ ROW Varies paved 268’ ROW 228’ paved 11,295 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-1" General Commercial District to the “IL” Light Industrial District to allow for a vehicle repair facility including a paint and body shop accessory to a vehicle sales establishment. Development Plan: The subject property is 3.17 acres in size. The applicant has submitted the following statement, “This site currently operates several AutoNation sales centers (which include maintenance shops) in the previously zoned B-4 and both a Collision Center (which includes body work and painting) and sales in the previously zoned B-3. In 2011, when Corpus Christi adopted the Unified Development Code (UDC) it re-established the zoning as CG-1 and CG-2, respectively, which only allows “Vehicle Service, Limited” or minor repairs. The Collision Center was classified as “existing, non- conforming.” Body work and painting is now classified as “Vehicle Service, Heavy” and is only allowed In Industrial zoning. The existing Collision Center is for customer vehicles that have been in an accident, the proposed Recon Center, located on the same lot and in the same CG-1 zoning, is for used cars obtained through trade-ins that are to be reconditioned and resold. The Recon Center has already been approved and permitted (#C38734), but AutoNation would like to add heavy engine work and painting to their current services, similar to the Collision Center. AutoNation would like to change the zoning to Light Industrial (IL) which would allow this work to be added to the new facility.” Existing Land Uses & Zoning: The subject property is currently zoned “CG-1” General Commercial and consists of a large multi-brand vehicle sales and service complex. The subject property was rezoned from “RS-6” Single-Family 6 District to “CG-1” General Commercial in 1996 for a multi-brand vehicle sales establishment with a service department. To the north and east is zoned “RS-6/SP” Single-Family 6 District with a Special Permit. The property to the north was rezoned from “RS-6” Single-Family 6 District to “RS-6/SP” Single-Family 6 District with a Special Permit in 2010. The Special Permit conditions does not allow for any structures, requires landscaping, screening, and is only to be used as vehicle parking. The property is designed to act as a buffer between the vehicle sales complex and the residential neighborhood to the east (Meadowland & Meadowland). To the west is parking for the vehicle sales complex and a collision center. Across Daly Drive, is a multifamily apartment complex rezoned to “RM-1” Multifamily 1 District in 2013. To the south of the subject property is South Padre Island Drive (SH 358). AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 3 Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the “IL” Light Industrial District is inconsistent with the Future Land Use Map. However, the proposed use is consistent with the Southeast Area Development Plan (ADP) and PlanCC and consistent with the following policies of the Central Business ADP and PlanCC: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Steps should be taken to prevent negative impacts and promote sensitive design. Lighting from non-residential uses should be directed away from residential areas; Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect; Placing low intensity activities next to single family uses; and because non-residential areas are considered most suitable next to higher level roads, "also acceptable" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. (Policy Statement B.2) • Industrial zoned areas in the Southeast should not be expanded more than shown in the Future Land Use Plan. (Policy Statement B.5). Department Comments: • The proposed rezoning is inconsistent with the Future Land Use Map. However, the proposed use is consistent with the Southeast Area Development Plan (ADP) and PlanCC. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The proposed use does not have a negative impact upon the surrounding neighborhood. • The proposed rezoning is incompatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. The potential rezoning would have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the “IL” District. The rezoning to the “IL” District for the purposes of an ancillary auto repair shop with paint and body capabilities would be better suited to be granted by Special Permit (SP). • The subject property is suitable for the uses proposed by this rezoning, as the property is currently a multi-brand vehicle sales establishment with a collision auto repair facility. Staff Report Page 4 • According to the former Corpus Christi Zoning Ordinance, under the “B-3” Business District (“CG-1” General Commercial District), “Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment.” • The multi-brand vehicle sales establishment has remained in conformance with the Unified Development Code (UDC) and the Special Permit conditions set in 2010. • The addition of the paint and body shop of the vehicle repair facility would not have an adverse impact as it will always remain a secondary and ancillary use to the multi-brand vehicle sales establishment. • An SP would provide the use requested by the applicant while protecting the integrity of surrounding uses including the nearby single-family neighborhood. • All uses will be subject to the City’s noise ordinance to prevent a nuisance from occurring. • The applicant is requesting a reconditioning center to operate as an ancillary vehicle repair shop. The paint and body use, as well as, the proposed vehicle repair is defined by the Unified Development Code (UDC) as “Vehicle Service, Heavy.” However, the previous dealership did not operate any paint and body repair uses. The Unified Development Code (UDC) defines vehicle services as: Vehicle Service, Limited: Minor repair or replacement of parts, tires, tubes, or batteries, diagnostic services; minor motor services such as grease, oil, spark plug, or filter changing; tune-ups; emergency road services; replacement of starters, alternators, hoses, belts, and points; brake or muffler repair, wheel alignment, automobile washing, automobile upholstery, window-tinting, state inspections and associated minor repairs; routine servicing of air-conditioning systems, or other similar minor repair services. Minor repairs do not include uses listed under “vehicle service, heavy.” Vehicle Service, Heavy: General repair or overhaul of engines, air-conditioning systems, transmissions, or radiators for motor vehicles; Repair of bodies, frames, or fenders, painting, undercoating, or rust-proofing; repair of heavy load vehicles such as, tractor trailers, commercial dump trucks, or transit vehicles; customizing; vehicle steam cleaning; and other similar uses. Major repairs do not include uses listed under “vehicle service, limited.” Planning Commission and Staff Recommendation (October 4, 2017): Denial of the change of zoning from the “CG-1” General Commercial District to the “IL” Light Industrial District, in lieu thereof approval of the “CG-1” General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is “Vehicle Service, Heavy” as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 7:00 PM Monday through Saturday. Staff Report Page 5 3. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Outdoor Paging Systems/Intercom Systems : Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 5 Opposed: 0 Absent: 4 Abstained: 0 Pu b l i c N o t i f i c a t i o n Number of Notices Mailed – 13 within 200-foot notification area 5 outside notification area As of October 4, 2017: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 0.91% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\PC Documents\Staff Report_0917-05_AN Corpus Christi Chevrolet, LP.docx RS -6 SUBJECT PROPERTY 13 $ Feet Date Created: 9/19/2017 Prepared By: Joanna Scott Department of Development Servicey / / / CASE: 0917-05 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 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition S, A 414,446. SUBJECT cdyo PROPERTY °e&% NQv /LOCATION MAP City of Corpus Christi TexasGeoTech ENGINEERING & LAND SURVEYING, INC. 347 ACRE TRACT Being 3.17 acre (138,070.86 sq. ft.) tract of land, out of Block 2 — Lot 1-R of the WOODLAWN ESTATES UNIT 3, a plat recorded in Volume 67, Pages 500-501 of the Map Records of Nueces County, Texas and being more fully described as follows; BEGINNING at a 5/8 inch iron rod found for the east corner of said Lot 1-R, same being the interior corner of Block 2— Lot 2-R of the said WOODLAWN ESTATES UNIT 3, said rod being the east corner of this tract; THENCE 5 28° 34' 54" W with the east lot line of said Lot 1-R, a distance of 316.28 feet to a point for the south corner of this tract; THENCE N 61° 31' 41" W a distance of 436.27 feet to a point for the west corner of this tract; THENCE N 28° 28' 34" E a distance of 316.28 feet to a point on the north lot Zine of said Lot 1-R and being the north corner of this tract; THENCE 5 61° 31' 41" E with the north lot line of said Lot 1-R, a distance of 436.27 feet to the POINT OF BEGINNING and containing 3.17 acres, more or Tess. This field notes description constitutes a legal document, unless it appears in its entirety, in its original from, seal and signature, surveyor assumes no responsibility or liability a distance of its correctness It is strongly recommended , a distance of the continuity of fixture surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. August 10, 2017 Lot 1-R.doc rrel L. Moore Register Professional Land License Number 4854 pilnntm.pn% o ol•nOl /aii •34 i e...-.� i 11 ;'t • T fate falx •b..i�•i 1111+ } 1 {II 1 1 1 I I I 1 I I r II 1 1 I 1 1 I I I 1 1 1 I' I I 1 i I I 1 1. r I 1 I N-7-33(- ASWAN DRIVE sir Rreuc aaw. X II I lilllllh� I, S �1'� F VIII 1 9i'OOnfr ger•,fmlpml weer 00• . 11 l`` 1 ;Il ,1 it jIlIIlillF WIRE Inii;1J1111I II `I i��iE1FE;EI1i#iEi illi E4 II ii�1 ; 1 ISP 1lo1.%111:11 iii h .1 [ i AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRNE 81.002 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN wmcww 1 COMM.; I � F= PO Persons with disabilities planning to attend this meeting, who may require special services, are request to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con ince,. r.idades, aue tienen la intencion de asistir a este junta y que reouieren servicios especiales, se les suplica que den a iiso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niumero (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 dirigirse a la commission durante la junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero(361) 826-32.40 al menos48 horas antes de la junta para solicitar un interprete ser presente durante la junta. L CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-05 AN Corpus Christi Chevrolet, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -1" General Commercial District to the "IL" Light industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive, east of Airline Road, and west of Nile Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 4, 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: Address: 1301 *Swab b ( ) IN FAVOR (VrIN OPPOSITIQN REASON: sn/CUficWood bfrx._ -� kr+owii�- �-F LsrAosses i4 'aim: IL! 5tibt,t., 4 frAitm R:veckly 14644-- Yta /44- r (14x t;tA, apt, ci-ki hakfla piety SEE MAP ON REVERSE SIDE Case No. 0917-05 INFOR Case No.: 17ZN1034 Project MAndrew Dimas Property Owner ID. 2 Email: andrewd2anager:@cctexas.com City/State: l US CivilSM I Phone: Z.l -g0 'fgb Signa re City of Cor dS Christi Developr lent Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 2 502400020080 ENGLISH CYNTHIA MERLE IND 1309 Aswan Dr Corpus Christi, TX 78412 "74,4 U S. POSTAGE )} PITNEY BOWES 022 4 P 78401 $ 000.46° 0 V 00003406 17 SEP 22 2017 RS -6 CG -1 SUBJECT PROPERTY CG -2 f 400 • .'.CASE: 0917-05 • SUBJEQT`PROPERTY WITH ZONING j Subject t 1 Pro=em R14.1 MuIIIlam ly 1 R11,2 YYRllarin RM.] .1kulmlamlryl1 011 Pmin4lole Office 'RICA? Yollf.mly AT Ctl 1' 1lerdheerlload Caromrro1.1 CN.7 R.Iaftsereood Cen4o6eial CFI.I Re.art Camnter Ml CR2 CO 1 CI cI COD CR FR BP Rood Commercial G eneral Cmnm.rC1.l General Commercial Mlenelw Conm.rciel O.emtawn Comm.rcul R..ort Commers Yl Ferro Rural H lelora Ova ay Raelnea. Pare IL URI Ineusalal IN Hem" Indu.m.I PUD !PI.nMd UPI' Pm. Grmtey.. R8-10 $ln l.iamdy tp RA4 slnol.-campy a Rs.4S MIgNJamRy 41 ll3-17 yroo•Fmolly 18.11 3lnpleromlly 11 RE. Resldenl1l Estate RS 711 Tmwnhae.. SP &Prole'Penn %I .Rice 11On.l VeAeNP.Ik RMH lanunciuradHome '- th :IECT! PRO✓jERr? t C City r..f CUM Chrt..;li !LOCATION MAP 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 este junta v nue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nutne-6 (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 reruest an interpreter pe present during the meeting. Si usted desea diri• irse a la commission durante la "unta s in les es limitado favor de llamar al d='artamento de servicios de Desarrollo al niimero 361 826-3240 al meno 46 horas antes de la unta Tara solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-05 AN Corpus Christi Chevrolet, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 3.17 acres out of Lot 1-R, Block 2, Woodlawn Estates Unit 3, located on the north side of South Padre Island Drive, east of Airline Road, and west of Nile Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 4, 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: L b (,JA (/Orri fs- Address:/ t- 9 -rt L7 City/State: (ac ` () IN FAVOR (AIN OPPOSITION Phone: .p le REASON: t_.. SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1034 Property Owner ID: 6 Signature Case No. 0917-05 Project Manager: Andrew Dimas Email. andrewd2@cctexas.com CKy W Capin. CIuht$ OevelopmeM Servkm Oepl. P.O. Sox 7177 Corpus Christi. Texas 784 1. 668500180010 NORMAN LOWELL KEITH 1229 CLARION OR Corpus Cerise. TX 78412 NS•6 w, l $ 000.46° suaJ cT lRT•Y CASE: 0917-05 SULLItC I I.1I0PtlII Y WI H ZONING 0 1% Pea IN la Sin IA M..wr . .Y.••••.0 Owbamaelton Mai *awe Yam. Mae DATE:October 16, 2017 TO:Margie C. Rose, City Manager FROM:Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 CAPTION: Ordinance authorizing the City Manager to execute a five-year Lease Agreement with Rotary Club of West Corpus Christi for the use of property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements. PURPOSE: The Water Utilities Department seeks approval to enter into a five (5) year lease agreement with the West Corpus Christi Rotary Club as sponsors for Boy Scout Troop 18 for the parcel and improvements located near McKenzie Road and Allison Drive. BACKGROUND AND FINDINGS: The West Corpus Christi Rotary Club (WCCRC) sponsors Boy Scout Troop 18 in accordance with the governing rules of the South Texas Council of the Boy Scouts of America. Boy Scout Troop 18 activities are held at a Boy Scout hut on the leased premises and are offered to all boys meeting eligibility requirements. The West Corpus Christi Rotary Club is a member in good standing with Rotary International District 5930. The Rotary Club constructed a Boy Scout hut at the McKenzie Road site, at their expense, and have utilized the current leased premises since 1972. A Boy Scout Troop must be sponsored by a recognized civic organization in order to be an active unit with the Boy Scouts of America. In addition to having proper sponsorship, the troop must re-charter annually with the local council. The name of the local council is South Texas Council of the Boy Scouts of America. ALTERNATIVES:Do not renew lease. OTHER CONSIDERATIONS: Not applicable. Renewal of Lease with West Corpus Christi Rotary Club AGENDA MEMORANDUM First Reading for the City Council Meeting of November 7, 2017 Second Reading for the City Council Meeting November 14, 2017 CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Water Utilities Department - Wastewater FINANCIAL IMPACT: □Operating □ Revenue □Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments:This item will not have an impact on the operating budget. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with Rotary of West Corpus Christi Ordinance authorizing the City Manager to execute a five-year Lease Agreement with Rotary Club of West Corpus Christi for the use of property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.That the City Manager or his designee is authorized to execute a five-year Lease Agreement with Rotary Club of West Corpus Christi for the use of City property near McKenzie Road and Allison Drive by Boy Scout troop sponsored by the Rotary Club, in consideration of the Rotary Club maintaining the premises and improvements. A copy of the lease shall be filed with the City Secretary’s Office. 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 ____________ PASSED AND APPROVED on this the _______ day of _______________, 2017. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor LEASE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND ROTARY CLUB OF WEST CORPUS CHRISTI STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF NUECES This lease is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and ROTARY CLUB OF WEST CORPUS CHRISTI ("Lessee"), a Texas nonprofit corporation, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Director means the City's Executive Director of Water Utilities or designee. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. Lessee means ROTARY CLUB OF WEST CORPUS CHRISTI, a Texas nonprofit corporation. Premises means a tract or parcel of land located near McKenzie Road at Allison Drive, designated on the attached drawing, Exhibit A, and by metes and bounds on Exhibit A-1, together with all improvements. Risk Manager means the City's Director of Risk Management or that Director's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Section 2. Purpose. Lessee's purpose for this Leaseis for Lessee to use the Premiess for activities related to Lessee's sponsorship of a Boy Scout Troop. Any change in purpose requires prior written approval of the Director. Section 3. Leased Premises. The Leased Premises is a tract or parcel of land near McKenzie Road and Allison Drive designated as Tract "B", as shown on the drawing attached as Exhibit Al, together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Parks Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to the right of either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless sooner terminated under Section 31. This Lease begins immediately after City Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy upon written approval of the City Manager or designee if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this lease, and upon the same terms and conditions as set out in this lease. b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant, deserted, or unused by Lessee for a continuous period of thirty (30) days. 2 Section 8. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must maintain the Premises by mowing, collecting litter, etc. and other property maintenance tasks that may be directed in writing by the Director. Section 11. Lessee Responsible for Activities. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29 of this Lease. b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that activities are confined to the prem ises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director, and Engineering Services Director for review and written consent. 3 d. If the Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Director, Engineering Services Director, City's Building Official, and their designated representatives. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City as additional consideration for this Lease. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. 4 c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Director. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee may post the Premises with signs to prohibit trespassing. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 5 Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. Lessee must maintain the Premises and improvements constructed thereon. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Director's written demand. At a minimum, maintenance includes: a. Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; b. Lessee shall keep the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, all improvements, irrigation systems and fair weather parking area. c. Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; d. Lessee must keep safe and in good repair all improvements. Lessee must make all repairs within 48 hours after the need for repair is, or should have been discovered. e. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; f. Lessee must ensure that parking is confined to designated areas; g. Lessee must maintain the Premises within the Lease boundary lines. Grass on the Premises must not exceed 12 inches. Failure to keep the grass below 12 inches shall be grounds for termination. Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Director retains the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or used by any other activities sponsored by the Lessee on the Premises. Lessee agrees to comply with the City's water conservation requirements adopted by City ordinance. 6 Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees') from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses 7 of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit B, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. f. Lessee is responsible for insuring its own personal property at the Premises. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, the City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. 9 c. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Water Utilities Dept. P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: Executive Director (361) 826-1800 IF TO LESSEE: Rotary Club of West Corpus Christi Attn: President P.O. Box 4613 Corpus Christi, TX 78469-4613 (361) 815-3099 d. Either party may change the address to which notice is sent by using a method set out in subsection (a) of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. 10 Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 46. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by City Manager's designee. 11 4 EXECUTED IN DUPLICATE ORIGINALS on the ) 6 day of , 2017. LESSEE: B: TARY CL T CORPUS CHRISTI , President STATE OF TEXAS COUNTY OF NUECES / This instrument was acknowledged before me on ai / / ' , 2017, by , President of Rotary Club of West Corpus Christi, a Texas nonprofit corporation, on behalf of the corporation. ,,AG‘a/e lotary Public, ate of Texas Printed Name: .6.8,1• �i/2G7C CAROL J WHITLOCK { Notary Public f" [i STATE OF TEXAS Seal: ';:^�-;= My Comm. Exp. 07-18-2019 Expiration Date: 12 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO FORM: This `t' day of , 2017 Lisa Aguilar, 1A)ssistant City Attorney For City Attorney Margie C. Rose City Manager Allison Waste Water Treatment Plant Tejas Bowman Archery Association Lease 400' 300' W,ost Corpus Ch = ' Rotary Club Boy Scout Lease Tejas Bowman Archery Association Lease EXHIBIT A-1 An area 300' by 400' from Tract B, Nueces View Tract, recorded in Volume 28,page 64, Nueces County Plat Records, the same area more particularly described by the following metes and bounds: From the center line of McKenzie Road, a distance along the center of Alison Drive of 918', more or less, to a 2" pipe located upon the approximate right-of- way line (West) of Allison Drive, for a place of beginning, thence 400' Northwest to a 2" pipe, thence 300' Northeast to a 2" pipe, thence 400' Southeast to a 2" pipe on the approximate right-of-way line of Allison Drive, thence 300' Southwest along Allison Drive to the point of beginning, all of which being a 2.75 acre tract of land. 15 EXHIBIT A-2 This Exhibit A2 contains detailed conditions for using the Premises ("Premises") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Lease and Use Agreement with ROTARY CLUB OF WEST CORPUS CHRISTI. 1. Lessee Maintenance Rcsponsibilities. Lessee must maintain the Premises and improvements constructed thereon. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Director's written demand. At a minimum, maintenance includes: Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; Lessee shall keep the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, all improvements, irrigation systems and fair weather parking area; Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; Lessee must keep safe and in good repair all improvements. Lessee must make all repairs within 48 hours after the need for repair is, or should have been discovered; Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; Lessee must ensure that parking is confined to designated areas; Lessee must maintain the Premises within the Lease boundary lines. Grass on the Premises must not exceed 12 inches. Failure to keep the grass below 12 inches shall be grounds for termination. 16 Utilities. Lessee must pay for all utilities, such as electricity, water, wastewater, and solid waste bills associated with its usage of the Premises. Lessee must pay for all its phone bills. 1.1 Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-1800 and talk to the Director, or designee. 17 EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non -renewal, or termination and 10 day written notice of cancellation for non-payment of premium is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: 1. The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a blanket waiver of subrogation is required on all applicable policies. 2. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" 18 between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". 3. The name of the project must be listed under "Description of Operations" 4. At a minimum, a 30 -day written notice to the Risk Manager of cancellation, material change, non -renewal or termination and a 10 day written notice of cancellation for non-payment of premium is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. West CC Rotary Club Lease for Boy Scouts ins. req. 10-10-17. 19 DATE:October 16, 2017 TO:Margie C. Rose, City Manager FROM:Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 CAPTION: Ordinance authorizing the City Manager to execute an amendment to the Lease Agreement with Padre Island Yacht Club for expanded leased area near the Wastewater Treatment Plant on Whitecap Blvd to include additional area of 50 feet by 300 feet and amendment of renewal term provisions. PURPOSE: The Water Utilities Department seeks approval to amend the lease agreement for property located at 13403 Whitecap Blvd as requested by the Padre Island Yacht Club. BACKGROUND AND FINDINGS: The existing lease between the City of Corpus Christi and the Padre Island Yacht Club was authorized in 1995 to include a total lease area of 2.55 acres adjacent to the Whitecap Wastewater Treatment Plant. The original term was 10 years and was renewed for an additional 10 years in 2005. In 2011 a replacement lease was approved for 14 years, expiring July 11, 2025, in an effort to refinance loans and make needed improvement to its facilities. The Padre Island Yacht Club approached the City about including the 50-foot X 300-foot parcel west of the existing property. The additional section of land shown in Exhibit A would increase to the acreage to 2.89 acres. The annual income is proposed to increase from $2000 to $2300. The club would also be responsible for platting and the payment of all costs related to required permits. ALTERNATIVES:Do not amend the lease. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State statutes regulating procurement. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 7, 2017 Second Reading Ordinance for the City Council Meeting December 12, 2017 Amendment to Lease with Padre Island Yacht Club EMERGENCY / NON-EMERGENCY: Non-emergency. 28 day delay. DEPARTMENTAL CLEARANCES: Water Utilities Department - Wastewater FINANCIAL IMPACT: □Operating X Revenue □Capital □Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years (7)TOTALS Line Item Budget $ 2,000 $14,000 $ 16,000 Encumbered / Expended Amount This item 300 2,100 2,400 BALANCE $2,300 $16,100 $18,400 Fund(s): Wastewater Fund 4200 Comments:This item will have a minimal impact on the non-wastewater rate revenue. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment to Agreement with Padre Island Yacht Club Ordinance authorizing the City Manager to execute an amendment to the Lease Agreement with Padre Island Yacht Club for expanded leased area near the Wastewater Treatment Plant on Whitecap Blvd to include additional area of 50 feet by 300 feet and amendment of renewal term provisions Whereas, the Padre Island Yacht Club (“PIYC”) lease was approved on August 23, 2011 for lease of property adjacent to the Wastewater Treatment Plant located on Whitecap Blvd; Whereas, PIYC leases 2.55 acres near the Wastewater Treatment Plant on Whitecap Blvd. Whereas, the lease terminates July 11, 2025, with one option to renew for additional 10 years; Whereas, PIYC requests additional area 50 feet wide by 300 feet long; Whereas,PIYC requests amendment to the renewal term so that the lease will be renewed as long as PIYC is in good standing with the lease term and subject to compliance with the City’s long-term wastewater management plans Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.That the City Manager or designee is authorized to execute an amendment to the Lease with the Padre Island Yacht Club to expand the leased area and adjust the renewal term provisions. A copy of the amendment shall be filed with the City Secretary’s Office. The amendment takes effect on the expiration of sixty days following the date of final adoption by the City Council. 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 ____________ PASSED AND APPROVED on this the _______ day of _______________, 2017. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor AMENDMENT NO. 1 TO PADRE ISLAND YACHT CLUB LEASE Whereas, on August 23, 2011 the Corpus Christi City Council authorized a Lease Agreement with the Padre Island Yacht Club ("Club") regarding the use of city property through July 11, 2025; Whereas, the City leases total leased area of 2.55 acres to the Padre Island Yacht Club; Whereas, the Padre Island Yacht Club has requested additional leased area of additional 0,34 acres; and Whereas, the Padre Island Yacht Club also requests change in Section 2 and other minor clarifications to the Lease Agreement; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 1 of the Lease Agreement is amended to extend the Premises as follows: "1. Premises. City leases to Club a 40 foot wide by 795 foot long portion of submerged land adjacent to the Whitecap Plant, as described by and }eaind€ n the attached and incorporated Exhibit A. Further City leases to Club an adjacent strip of upland 100 feet wide by 795 feet long, and an additional section of land 50 feet wide by 300 feet long, all as shown as a preliminary exhibit en Exhibit A, for a total leased area of 2 approximately 2.89 acres, collectively called "Premises". 2) Section 2b of the Lease Agreement regarding the Term is hereby amended as follows. The changes are shown in redline format. "2. Term: a. The original term of the 1995 lease was ten (10) years. The term of the 2005 lease was also for ten (10) years, commencing on July 11, 2005. The term of this lease shall be to extend the lease term to July 11, 2025 ("lease termination date"). The Club has the option, with approval of the City Council, to renew this lease for an additional ten (10) year term after the July 11, 2025 lease termination date ("renewal option"). At least two (2) years prior to the lease termination date of July 11, 2025, the Club shall give the City Manager written notice of whether the Club intends to exercise the renewal option. Within 2 sixty (60) days after the written notification, the City Council will advise the Club whether they approve the renewal. The approval may not be unreasonably withheld as long as the Club is in compliance with the terms of this Lease and the requested renewal is in compliance with the City's long-term wastewater management plans." 3) Section 3 a of the Lease Agreement regarding Rental Payments is hereby amended as follows. The changes are shown in redline format. "3. Rental Payments. a. Club agrees to pay ten percent (10%) of all gross income or $AAAA $2300 annually, whichever is greater, from reoccurring monthly assessments and slip rentals, in advance on or before the tenth (10th) of each month. b. Club shall keep records of the monthly dues and slip rent received. Club records of monthly dues and rent received must be open to City Manager's designated representative during Club's business hours. These records must be retained for five (5) years after expiration or other termination of this lease." 4) Section 4d and 4g of the Lease Agreement regarding Improvements is hereby amended as follows. The changes are shown in redline format. "d. Club shall obtain all necessary permits and comply with all federal, state, and local laws and regulations, including platting requirements, with respect to construction and repairs to the pier and improvements. Any application to the Corps of Engineers ("Corps"), whether made in the name of the City or Club, must shall be submitted to City Engineer for its approval before submission to the Corps, which approval will not be unreasonably withheld, and all related expenses must be paid for by Club. The Club is responsible for payment of all costs related to any required permits, including costs for any required zoning and platting changes." "g. A boat pump out facility has been constructed upon the premises, the boat pump out facility is deemed to be an improvements, and all necessary approvals and permits for the boat pump out facility have been received. The Club shall exercise reasonable normal care and maintenance of the boat pump out facility,provided that the all boats has have reasonable water access at all times to the boat pump out facility." 3 5) Section 16 and Section 17 regarding' Drug Policy and Violence in the Workplace Policy are amended as follows. The changes are shown in redline format. "16. Drug Policy. Upon hiring one or more full or part time employees, Lessee Club must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy." "17. Violence Policy. U on hirin one or more full or art time employees, Lcssoc Club must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy." 6) The City will obtain a final metes and bounds survey exhibit to identify the entire leased Premises, to be attached as new Exhibit A. The Club shall reimburse the City for the cost of the survey, within 30 days of invoice from the City. 7) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. 8) This Amendment becomes effective upon the expiration of sixty days after final City Council approval. EXECUTED IN DUPLICATE ORIGINALS this day of , 2017, by the authorized representative of the parties. City of Corpus Christi, Texas By: Name: Title: Date: Approved as to legal form: 1 c/ l $lao 1-7 Lisa Aguilar, Ass nt City Attorney For the City Attorney Padre Island Yacht Club By e(-1-get<L,-,-- Darold Smith, �mgdo�e Date: E x h i b i t A C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E1A05\@BCL@940E1A05.doc DATE:October 17, 2017 TO:Margie C. Rose, City Manager FROM:William J. Green, P.E., Interim Director, Development Services Department BillG@cctexas.com (361) 826-3276 CAPTION: Ordinance exempting Summer Breeze Estate Phase 2, Block 1, Lots 1-10 located west of Flour Bluff Drive and north of Yorktown Boulevard from the payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Summer Breeze Estate Phase 2, Block 1, Lots 1-10 from paying $ 28,670.75 in wastewater lot or acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: LJA Engineering, Inc, on behalf of Bryan R. Tucker, property owner, submitted a request to exempt wastewater lot or acreage fees in the accordance with Section 8.5.2.G.1. Section 8.5.2.G.1 states that City Council, with Planning Commission’s recommendation, may exempt a tract of land from the wastewater lot or acreage fees provided the area is not likely to be served with wastewater services within the next 15 years. The potential Wastewater Lot or Acreage Fees are approximately $ 28,670.75, based on the rate of $1,571.00 per acre. The subject property consists of 18.25 acres. The subject property, known as Summer Breeze Estate Phase 2, Block 1, Lots 1-10 located west of Flour Bluff Drive and north of Yorktown Boulevard. The owner is proposing to develop a 10-lot subdivision. Each lot will contain a minimum of ½ acre. Exemption from the Wastewater Lot or Acreage Fees for Summer Breeze Estate Phase 2 located west of Flour Bluff Drive and north of Yorktown Boulevard AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 7, 2017 Second Reading for the City Council Meeting of November 14, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E1A05\@BCL@940E1A05.doc There is no wastewater services within a reasonable distance. According to the adopted wastewater master plan, the subject property is to be served by a lift station that is to be built south of Yorktown Boulevard. The lift station will then pump the wastewater north along Flour Bluff Drive to the existing manhole north of Glenoak Drive. The Planning Commission determined that the subject property is not likely to be served with wastewater service within the next 15 years. Presently, surrounding properties are either undeveloped or serviced by similar on-site sewage facility infrastructure. If the City Council denies the exemption request, the subject plat can be recorded with the payment of the required wastewater lot or acreage fees. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: On April 5, 2017, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E1A05\@BCL@940E1A05.doc COMMENTS: None RECOMMENDATION: On April 5, 2017, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. RECOMMENDATION: Approve wastewater lot or acreage fee exemption. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Presentation K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL ORDINANCE EXEMPTING SUMMER BREEZE ESTATE PHASE 2, BLOCK 1, LOTS 1-10, LOCATED WEST OF FLOUR BLUFF DRIVE AND NORTH OF YORKTOWN BOULEVARD, FROM THE PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Summer Breeze Estate Phase 2, Block 1, Lots 1-10, located west of Flour Bluff Drive and north of Yorktown Boulevard, is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that the area is not likely to be served by the City wastewater services within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of the Summer Breeze Estate Phase 2, Block 1, Lots 1-10, Mr. Bryan R. Tucker (“owner”), the Planning Commission recommends the City Council approving the applicant’s request to waive wastewater lot or acreage fees in the accordance with Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk’s Office prior to the recordation of the plat. K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1 - LAND DEVELOPMENT\2-PH II, BLK 1, LOTS 1- 10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Bryan R. Tucker, 3746 Scarlet Oak Drive, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Summer Breeze Estate Phase 2, Block 1, Lots 1-10, hereinafter called "Development," (Exhibit 1); and,. WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; Summer Breeze Estate Phase 2, Block 1, Lots 1-10 Page 1 INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SUMMER BREEZE ESTATES PHASE 2 BLOCK 1, LOTS 1-10 INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this /7 day of ,", 2017. DEVELOPER/OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of DC:t , 2017, by PNt [A IDPItiral Alicia Del Valle Notary Public, State of Texas Expires:08-06-201$ tary -' a Iic, State of Texas Summer Breeze Estate Phase 2, Block 1, Lots 1-10 Page 2 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Summer Breeze Estate Phase 2, Block 1, Lots 1-10 Page 3 LJA Enpinearing, Ire" IA 8110 na12ln 0120 Phnom 301201.8351 Gomm Chnll Term Mill Fax 561.1570805 19PE Firm Rog. .16.1008 TeFLB 71117P/p. 410080 iI ;ragn iµI 1 y55 no •FIrY that I ma 413, 5710n X, M. ma- Jw '6i6enTvlagl a ,mc.naavr Iry b.., Z,a oa a 0070-xe-.o<Y vOwn 1,7. pbW[ re. b7 rrmxN nxraa1[o1e3mmare,po 91.11 .t,,e,lie, �noa of. 55. 51 05,,, ErATC '0X45 COL4tt 5# nvFCEs Mm me, tM1 eat.#2..w Mllvlq. Inu cg Fe*.ama °ix.mn,a v . p.rew. .M1vee Wuw� b - � n r 4�p, a�a Gran Nundor ,ur. 4 Fe [ ua lA. !w tM1. Fi+FonF onE aratlaral � I.MnYn netl na,a n ..n m nxvTal.: --- a0 .s xen. 6616 arr, 660 lh. Fl 74? 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Tn nmo aw+r. na naw a OA.M Mf�h Y,E 4F u[. nae n[ eh Pm, p RR VT a• m,ryT 07x.0 ma 4 x wlGaSSN' F""`i e0[[fft ''IAia . is i L+e[M 1L/11714.11g 9/1. m 077 m,er mwn 07014607.0144 swat ;an ul A[ nem fewi ttMp. 011. m <Imn 074611 KC[[[ wWem.. ./e• 4.51.1.1.1 en a u. w QAv.., 6.601 .va 1111.140 PLAT OF SUMMER BREEZE ESTATE PHASE 2, BLOCK 1, LOTS 1 - 10 BANG A PLAT OF 10.240 A8NLS OUT OF THE 654100 05 OF LOT 12, SECTION 58, FLOUR BLUFF AND ENCINAU FAIL. MO 6PF0EN 111CCM RECORDED IN VOLUME A. PAOES 41 - 45, MAP RECORDS CT NUECES COUNTY, 1E1045. ,m. 45151NITY MAP SCALE: 1' 2,003' City Council Meeting November 7, 2017 Wastewater Acreage Fee Exemption Request for Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 2 Aerial Overview Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 (18.25 Acres) 3 Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 (18.25 Acres) 4 Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 (18.25 Acres) 5 Planning Commission and Staff Recommendation Approval of the Wastewater Lot or Acreage fee exemption 6 Plat - Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E8E40\@BCL@940E8E40.doc DATE:October 17, 2017 TO:Margie C. Rose, City Manager FROM:William J. Green, P.E., Interim Director, Development Services Department BillG@cctexas.com (361) 826-3276 CAPTION: Ordinance exempting Oso George Village Unit 2, located north of Yorktown Boulevard and west of Rocher Road from the payment of wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Oso George Village Unit 2 from paying $ 74,748.16 in wastewater lot or acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Texas Geo Tech, on behalf of The Mostaghasi Investment Trust, property owner, submitted a request to exempt wastewater lot or acreage fees in the accordance with Section 8.5.2.G.1. Section 8.5.2.G.1 states that City Council, with Planning Commission’s recommendation, may exempt a tract of land from the wastewater lot or acreage fees provided the area is not likely to be served with wastewater services within the next 15 years. The potential Wastewater Lot/Acreage Fees are approximately $ 74,748.16, based on the rate of $1,571.00 per acre. The subject property consists of 47.58 acres. The subject property, known as Oso George Village Unit 2 is located north of Yorktown Boulevard and West of Roscher Road. The owner is proposing to develop a 71-lot subdivision. Each lot will contain a minimum of ½ acre. Exemption from the Wastewater Lot or Acreage Fees for Oso George Village Unit 2 located north of Yorktown Boulevard and west of Roscher Road AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 7, 2017 Second Reading for the City Council Meeting of November 14, 2017 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E8E40\@BCL@940E8E40.doc There is no wastewater services within a reasonable distance. According to the adopted wastewater master plan, the subject property is to be served by a lift station that is to be built south of Yorktown Boulevard. The lift station will then pump the wastewater north along Flour Bluff Drive to the existing manhole north of Glenoak Drive. The Planning Commission determined that the subject property is not likely to be served with wastewater service within the next 15 years. Presently, surrounding properties are either undeveloped or serviced by similar on-site sewage facility infrastructure. If City Council denies the exemption request, the subject plat can be recorded with the payment of the required wastewater lot or acreage fees. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: On October 4, 2017, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: □ Operating □ Revenue □ Capital ⾙ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only)Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940E8E40\@BCL@940E8E40.doc COMMENTS: None RECOMMENDATION: On October 4, 2017, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. RECOMMENDATION: Approve wastewater lot or acreage fee exemption. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Presentation K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS\11-7-2017\OSO GEORGE PHASE 2 WW FEE EXEMPTION\DO NOT UPLOAD\OSO GEORGE VILLAGE UNIT 2 ORDINANCE.DOC ORDINANCE EXEMPTING OSO GEORGE VILLAGE UNIT 2, LOCATED NORTH OF YORKTOWN BOULEVARD AND WEST OF ROCHER ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Oso George Village Unit 2, located north Yorktown Boulevard and west of Rocher Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that the area is not likely to be served by the City wastewater services within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Oso George Village Unit 2, The Mostaghasi Investment Trust (“owner”), the Planning Commission recommends the City Council to approve the applicant’s request to waive wastewater lot or acreage fees in the accordance with Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk’s Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2017 CC AGENDA ITEMS\11-7-2017\OSO GEORGE PHASE 2 WW FEE EXEMPTION\DO NOT UPLOAD\OSO GEORGE VILLAGE UNIT 2 ORDINANCE.DOC 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 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.Q. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and The Mostaghasi Investment Trust, 8026 Bar Le Doc Dr, Corpus Christi, Texas 78414 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Oso George Village Unit 2, Located northeast of intersection Yorktown Blvd and Roscher Rd., hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Page 1 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF OSO GEORGE VILLAGE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Page 2 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 3 EXECUTED original, this 1 7 day of Ceide 2017. VELOPER/OWNERS: Hossei' aghasi, Owner STATE OF TEXAS § COUNTY OF NUECES § This instr n was acknowledged be re o� 2017, by ..*1 YVONNE MUNOZ > +°�"„ .,. ,,' •, S\ ID# 12455834.3 . '---r Notary Public i, P1 ,.+ STATE QF TEXAS ,.,"Ti.... My Comm. Exp 08.22-2019 > PYvvvv, v -vV Sr -...e- 4. thi , day of Page 3 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 4 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED as to form: By: Buck Brice Assistant City Attomey For City Attorney Page 4 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 5 k e 3 4 8k 6 . .. w i g:ib C Qi WI; FSM '!ass: [itis .1;ikA 9 4i o Q 3 � k i; p f li Q � gitli ArNi a 309 2 12;;11i; 5?7 EXHIBIT 1 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 6 ..o J. .� �. - +s ? rs, O S Ae I4gz gl c 11 9 II¢4 iii hI . . iipiP;a$ ii t . � I' it OA 2.1 h ii a 4 51t-1=1:$!ii 14 11 vi 1' e Y 'r 2! I! I !ill trial! Q 2fi G%-1 t► is leg gge 1 6 3l� .1 e` iltiY'i;iM2I7f, ! ,A41441;147141 07 11 li gt 1 s k N i F_ 1a • 1 ;'441 el ■i ct Dr r, r �f 'I Qh ; i' • f•— u'C.er r— ) g 1 y' -- . i 4 " L t•ri-70- 1 r M» " It • Ti F .. ' • 1 1Jj��1 SRM yA +, i S • 1 } i t I i _ -" �° a-=`# NN .1.7" �Y r » V. N. s, '�_ L_ ��t -� t ;\ �. + 1 ,,,,, r 4 N: a g�± ' '.117:T4=a7 $any t.. e41 A g� A : - . "!� ; „ SI. ;44 Eta 1 1 ; .:f. ".... I„, ±!:i t. aaca t :3.1a Ant :las i s S a1 " $ rii'. 0 .1 W u e 6 ® S 11 ri epii la: Ig i�i 4 1 i; 4LA .0! ERS 'gam;: "ei: g""• � ,.: 17"�x i"0 �2.x514 ^ lie! S1 ,i5 a; FN! n"� (: .. •.y ,.'L;4 '• *� Pi.'r �-.A.a �-r�• l,l Sil 91$ t-ij ,1«i 1.) Cb t:19: 01;^1 1g1S' ...x; 33? ttoE=$'1 1 w yore t, $A�+• ai".4' titi1� tszi; Pt r6 3Z ei I1 0 EXHIBIT 2 w r Wastewater Lot or Acreage Fee Exemption Request for Oso George Village Unit 2 City Council Meeting November 7, 2017 2 Aerial Overview Oso George Village Unit 2 (47.58 Acres) 3 Oso George Village Unit 2 (47.58 Acres) 4 5 Planning Commission and Staff Recommendation Approval of the Wastewater lot or acreage fee exemption DATE:October 23, 2017 TO:Margie C. Rose,City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3873 CAPTION: Ordinance granting to Nueces Electric Cooperative, its successors and assigns, a non- exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights-of-way of the City of Corpus Christi, Texas PURPOSE:To grant new electric franchise to Nueces Electric Cooperative, with term of approximately 10 years, and ending December 31, 2028, to operate its facilities in the City public rights of way for the transmission and distribution of electric energy. BACKGROUND AND FINDINGS:The most recent franchise with Nueces Electric Cooperative (“NEC”) was approved on January 16, 1990 in Ordinance 020858. Under the new franchise, compensation for use of the City right of way is to be based on $0.002918469 per kilowatt hour multiplied by the number of kilowatt hours of electricity, in accordance with Section 33.008(b) of the Texas Utilities Code. The blue-green area of the map below shows the NEC service area with the City limits. Nueces Electric Cooperative Electric Franchise AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of November 7, 2017 Second Reading Ordinance for City Council Meeting of December 12, 2017 ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The Ordinance granting NEC franchise conforms with the City Charter and state law. EMERGENCY / NON-EMERGENCY: Non-emergency; two readings; 28-day delay; DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: □Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments:(Insert any brief comments that may be necessary to explain chart) RECOMMENDATION: Approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance granting electric franchise to NEC Execution Version AN ORDINANCE GRANTING TO NUECES ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS-OF- WAY OF THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS,Nueces Electric Cooperative, (hereinafter “NEC”) has been engaged in the electric power distribution business in the State of Texas and the City of Corpus Christi (hereinafter the “City”) for many years; WHEREAS, in September of 2004, NEC opted into customer choice, pursuant to Chapter 41 of the Texas Public Utility Regulatory Act, and by doing so, has the right to offer electric energy and related services directly to retail customers outside its certificated area. By opting into customer choice, NEC became a Retail Electric Provider (“REP”) wherein it serviced its members who utilized NEC infrastructure and purchased power from NEC, along with other members who utilized infrastructure of other investor-owned utilities yet purchased power from NEC; and WHEREAS, NEC has operated under franchises from the City for many years and the parties desire a new franchise under the terms and conditions contained herein which provide for a new franchise fee methodology pursuant to Texas Utilities Code Section 33.008 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant of Franchise. Pursuant to Article IX of its Charter and other applicable law, City hereby grants to NEC and its successors and assigns the non-exclusive right, privilege, franchise, and authority to set, erect, construct, support, attach, connect, extend, and stretch Facilities between, and maintain and operate and use lines and other Facilities in, above, under, across, and along the Public Rights-of-Way of the City, as the same now exist or may hereafter be laid out, in the City of Corpus Christi, Texas, for the transmission and distribution of electric energy and services incidental thereto either by means of overhead or underground conductors, with all necessary or desirable appurtenances and appliances, as currently installed or that may be installed in the future, including but not limited to: 1) underground conduits, poles, towers, wires and transmission lines, ducts, cables, braces, guys, anchors, manholes and vaults, transformers, switches, meter-reading devices, outdoor lighting, and fixtures, 2) communication systems and fiber optic cable and telegraph and telephone wires for its own use in its delivery of electricity, and 3) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing (hereinafter “Facilities”) for the purpose of transmitting and distributing electrical energy to said City and the inhabitants thereof, and persons and corporations within and beyond the limits thereof, for light, heat, power and similar purposes (and for broadband over power lines as set forth below) and to license or lease space on or within the NEC’s poles, conduit and appurtenant facilities for the attachment of third party facilities required or authorized under applicable law. “Public Rights-of-Way” shall mean all Execution Version rights-of-way for public roads, streets, avenues, alleys, sidewalks, highways, and all other public property of the City as the same now exist or may be hereafter laid out, platted, dedicated, acquired or improved within the present limits of the City and as such limits may be hereafter extended; and all utility easements either City owned, controlled or dedicated for the placement and location of various utilities (whether over public or private lands), except those dedicated for water, sewer, gas or other specific purposes only. Public Rights-of Way also specifically includes public parks, public squares, greenbelts, green space, drainage easements, and other areas set aside by the City for public recreation or other public use. The grant made herein is effective only to the extent of the City’s interest in a particular right-of-way; it does not grant any interest lawfully owned or retained by another person. This grant does not include the right to use the Public Rights-of-Way to conduct other businesses such as telecommunications or cable television even though electrical energy may be used for those purposes. Notwithstanding the foregoing, the grant herein to use drainage easements is specifically conditioned upon NEC’s securing the City’s written consent, through its Director of Engineering Services: 1) before any new Facilities may be placed in a drainage easement, and 2) before existing Facilities in a drainage easement may be expanded or altered (does not include normal maintenance). Before consent is granted, the Director must determine that the proposed new Facilities or the existing Facilities as expanded or altered, will not unduly impede the drainage function of the easement and will not unduly impede City access to the easement for maintenance, including mowing. The Facilities will be located as close as feasible to the edge of the easement without creating an encroachment on adjoining private property. From and after the effective date of this franchise, the placement and location of Facilities in public parks, public squares, greenbelts, green spaces, and other areas set aside by the City for public recreation or other public use will be covered under a special permit or specific express easement granted to NEC for such purposes. Facilities existing in those areas at the commencement of this franchise shall be exempted from such requirement. Requests for special permits or specific express easements shall not be unreasonably withheld, so long as the location and placement of the Facilities does not unreasonably interfere with the City’s use and enjoyment of the area for public recreation or other public purposes. The right granted to NEC to license or lease space on or within the company’s poles, conduit and appurtenant facilities for the attachment of third party facilities shall not constitute a grant by the City to the third party to locate and place facilities in, above, under, across, or along the Public Rights-of-Way nor does it delegate the right to NEC to grant such a right. NEC shall, within a reasonable time following its acceptance of this franchise and to the extent such information is available, furnish to City a list of the names, addresses, phone numbers, and representatives of each person or entity licensing or leasing space on NEC’s poles, conduits and appurtenant facilities for the attachment of third party facilities so that City can ensure that each such person or entity has been authorized by City to use City property. For the purposes of this section, “reasonable time” shall not be more than 60 days, unless both NEC and the City agree to extend the period of time as may be necessary for NEC to comply with this provision. NEC will update the list annually thereafter. NEC does not warrant the accuracy of any such information provided, and to the extent locations of attachment and/or locations of Facilities are described or shown, such locations of attachment and locations of Facilities are described or shown in their approximate locations. All information provided respecting attachments and locations of Facilities shall be used by the City solely for auditing and managing the Public Execution Version Rights-of-Way, and City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such information, without the prior express written consent of NEC. SECTION 2. Term. The franchise granted by this ordinance shall be for a term of approximately ten (10) years, commencing on _____________, and expiring on December 31, 2028, at midnight. SECTION 3. Construction and Maintenance Activities. (a) NEC Facilities shall be constructed and maintained in accordance with Good Utility Practices, as defined by the Public Utility Regulatory Commission of Texas (“PUCT”), and in conformity with the National Electrical Safety Code (“NESC”) and all applicable federal, state, and local laws and regulations governing operations in the Public Rights of Way, and so as not to interfere unreasonably with traffic over streets, alleys, and sidewalks, the flow of storm water in any gutter, drain, sewer, or open drainage system, or with the City’s water, wastewater, storm water and gas utility operations. “Constructed and maintained” includes installation, construction, relocation, maintenance, repair, and removal. (b) The surface of any Right-of-Way disturbed by NEC in the construction or maintenance of its Facilities shall be restored within a reasonable time after the completion of the work to as near as practical to its original condition as before the commencement of the work. Absent some independent intervening event or condition beyond NEC’s reasonable control, should the City reasonably determine, within one year from the date of such restoration, that such surface requires additional restoration work to place it in as near as practical to its original condition as before the commencement of the work, NEC shall perform such additional restoration work to the reasonable satisfaction of the City. No Right-of-Way shall be obstructed for a longer period or to a greater extent than shall be reasonably necessary to execute all work. (c) In constructing and maintaining its Facilities, NEC shall not disturb City’s street pavement, water, wastewater, gas, and storm water facilities without the approval of the City’s Director of Engineering, except during an emergency. Other than its regulatory fees governing excavations, no fees shall be charged by the City for its review and approval, which shall not be unreasonably withheld, delayed or conditioned so as not to unreasonably interfere with NEC’s obligation to serve or with customer response time. As soon as practicable after an emergency, NEC shall report the emergency work performed to the Director of Engineering. NEC shall, at its sole cost and expense, refill and repair (including by repaving any cut in any pavement or sidewalk) all excavations made by NEC in the Public Rights-of-Way and all damage to City’s streets, water, wastewater, gas, and storm water facilities in connection with the construction and maintenance of NEC’s Facilities. Likewise, City shall, at its sole cost and expense, refill, repair and return to grade all excavations made by City in the Public Rights-of- Way and all damage to NEC’s Facilities in connection with the construction, maintenance and modification of City’s Facilities. Provided, however, the City’s liability for damages under this Section 3(c) shall not exceed its limits of liability under the Texas Tort Claims Act. (d) NEC shall contain loose dirt and prevent erosion caused by its construction and maintenance activities, all in accordance with applicable Texas Commission on Environmental Quality (“TCEQ”) storm water regulations. Execution Version SECTION 4. Relocations and Securing Facilities. (a) City reserves the right to construct, maintain, and modify its facilities for City operations including streets, curbs, sidewalks, water, wastewater, gas, storm water, and communications for its own use (herein “City Facilities”). City shall give written notice to NEC whenever City has determined that removal, relocation, change or alteration of NEC’s Facilities is reasonably necessary for construction, maintenance, or modification of City Facilities. Alteration includes, without limitation, adjusting NEC manholes to a height even with the street surface. The amount of notice provided to NEC shall be reasonable under the circumstances, but not less than thirty (30) days. Upon notice by City, NEC shall, temporarily or permanently, remove, relocate, change or alter the position of NEC’s Facilities as soon as reasonably practical. NEC shall bear the expenses for any removal, relocation, change or alteration of its Facilities to permit the widening or straightening of a street, in accordance with Section 37.101(c), Texas Utilities Code. City shall bear the expenses for any other City requested removal, relocation, change or alteration unless applicable state or federal law requires NEC to bear such expenses. Notwithstanding anything to the contrary herein contained, NEC agrees to bear the expenses for any removal, relocation, change or alteration of its Facilities when requested by the City Manager for the City to meet Americans with Disabilities Act (“ADA”) compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the NEC capital investments incurred to meet the City’s ADA compliance are recoverable through such streamlined distribution regulations. (b) In situations where City does not require removal, relocation, change or alteration of NEC Facilities, NEC shall take responsibility for securing its poles and facilities during City operations. (c) In situations where NEC is required by the City to remove or relocate its Facilities to accommodate widening or straightening of a street by City, and NECis eligible under federal, state, county, City or other local agencies or programs for reimbursement of costs and expenses incurred by NEC as a result of such removal or relocation and such reimbursement is required to be handled through the City, NEC’s costs and expenses shall be included in any application by the City for reimbursement, if NEC submits is cost and expense documentation to the City prior to the filing of the application. City shall provide reasonable notice to NECof the deadline for NEC to submit documentation of the costs and expenses of such relocation to the City. (d) As to any removal, relocation, change or alteration of NEC’s Facilities whereby the cost and expense thereof is to be borne by NEC in accordance with this Section 4, NEC may, after receipt of written notice requesting such removal, relocation, change or alteration, submit in writing to the City alternatives to City’s construction plans, which would obviate the need for NEC to remove, relocate, change or alter its Facilities. Upon the City’s receipt from NEC of such written alternatives, the City shall evaluate such alternatives and shall advise NEC in writing if one or more of such alternatives are suitable to accommodate its needs, which would otherwise necessitate removal, relocation, change or alteration of NEC’s Facilities. In evaluating such alternatives, the City shall give each alternative proposed by NEC full and fair consideration with due regard to all facts and circumstances which bear upon the economics and practicality of removing, relocating, changing or altering NEC’s Facilities. The City shall Execution Version not evaluate alternatives proposed by NEC in an arbitrary or capricious manner. In the event the City reasonably determines that such alternatives are not appropriate, then NEC shall remove, relocate, change or alter its Facilities as otherwise provided herein. SECTION 5. Consideration. (a) For and as full consideration and compensation for this franchise and the rights granted herein and as rental for the use of the Rights-of-Way, NEC shall pay City an amount authorized by Section 33.008(b) of the Texas Utilities Code, currently the product of a factor of $0.002918469 per kilowatt hour multiplied by the number of kilowatt hours of electricity delivered by NEC, through its distribution facilities to its members who receive electricity from NEC within the boundary of its Certificated Area as determined by the Public Utilities Commission (known in NEC bylaws as Class W Members) and whose consuming facility’s point of delivery is located within the City, as such charge may be revised from time to time in accordance with Section 33.008(b) of the Texas Utilities Code or any other applicable provision of law regarding franchise fee payments. (b) Payments will be made each month throughout the term of the franchise, with each such payment to be made by electronic funds transfer not later than the first business day of the second month following the month in which deliveries occurred for the billing cycle for that month. For example, payment for May 2016 deliveries, which covers a billing cycle from April 29th through May 28th, would be paid not later than July 1st. With each monthly payment, NEC shall furnish to the City a report that accurately reflects the number of kilowatt hours for the month (meaning for the billing cycle for the month) delivered within the city limits and the charge per kilowatt hour determined in accordance with Section 33.008(b), Texas Utilities Code, or any alternate methodology upon which the parties have agreed payments shall be made. (c) The City shall notify NEC in writing of newly annexed and de-annexed areas. The notice shall include the ordinance number authorizing the action, an appropriate map identifying the areas and documentation of the notice to the State of Texas regarding the annexation or de-annexation. NEC shall have no responsibility for commencing payments to City for kilowatt hours delivered in newly annexed areas until it shall have received City’s notification. Upon City’s notification and starting the 91st day after receipt of such notice, NEC will commence payments to the City for kilowatt hours delivered in each newly annexed area and will make any appropriate adjustments in payments reflecting over deliveries of kilowatt hours in any prior month resulting from inclusion of kilowatt hours from de-annexed areas in the calculation of the monthly charge. Payments for deliveries in newly annexed areas and adjustments for over deliveries in de-annexed areas shall be made back to the effective date of the ordinance. SECTION 6. Alternate Compensation. (a) Under the authority granted by PURA Section 33.008(f), and in consideration of the City granting NEC a multi-year franchise, City and NEC agree to the possible implementation of a different level of compensation for the use of the Public Rights-of-Way than that prescribed by PURA Section 33.008(b). City shall have the opportunity to enact a factor increase by ordinance once every four (4) years during the term of this franchise, beginning on the date of Execution Version final approval of this franchise ordinance, provided however, the total franchise fee factor may not exceed $ 0.004377703 per kilowatt hour, unless authorized by other law. Upon written notification of City’s passage of such an ordinance, in form and substance satisfactory to NEC, approving a tariff for the collection and recovery by NEC of a municipal franchise fee charge equal in amount to the difference between compensation currently authorized under Section 33.008(b), at $0.002918469 per kilowatt hour, plus any incremental factor amount previously authorized by ordinance, basing the charge on the product of the currently authorized total factor multiplied by the number of kilowatt hours of electricity delivered by NEC within the City, and compensation that would be received by the City basing the charge instead on the new, approved total factor, but not more than $0.004377703 per kilowatt hour, NEC and City shall amend Section 5 of this franchise agreement to reflect compensation basing the charge on the new approved total factor,but not more than $0.004377703 per kilowatt hour. The effective date of the increase in the franchise fees shall be the effective date of the recovery mechanism (e.g. tariff schedule) for the collection and recovery of the incremental fee approved by City’s ordinance; provided however, payments for such increased fees shall not commence until 90 days after such effective date. (b) The change in the franchise fee rate provided in Subsection (a) above is expressly conditioned upon NEC’s ability to concurrently recover the additional franchise fees paid to the City. In the event that the PUCT or a court of competent jurisdiction finds that any portion of the franchise fees calculated in accordance with Subsection (a) above may not be concurrently recovered by NEC from customers or in some manner prevents NEC from recovering said franchise fees, then NEC shall not be obligated to pay to the City any amount above the amount NEC is allowed to recover from its customers. If the PUCT or a court of competent jurisdiction orders NEC to refund to customers any amounts collected for franchise fees paid in accordance with Subsection (a), such amount refunded shall be a credit against future franchise fees owed by NEC to City. (c) In the event any regulatory proceeding before any federal or state agency results in the approval of a more favorable franchise fee amount and/or method of recovery than that provided by the mechanism set out in this Section 6, the City and NEC agree to the further amendment of Section 5 to provide for payment in accordance with such approved franchise fee amount and/or method of recovery. (d) City and NEC agree that NEC may, in its sole discretion, support a legislative or regulatory initiative to provide for the collection and recovery of increased franchise fees, but in any event, NEC will not oppose such an initiative. SECTION 7. Indemnity. (a) NEC shall release, protect, defend, and hold harmless City, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with NEC’s, or its contractors’, agents’, or employees’ actual or alleged negligence in the construction, maintenance, and operation of its Facilities in the public Rights-of-Way of the City. Execution Version (b) To the extent permitted by law, City shall release, protect, defend, and hold harmless NEC, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with City’s, or its contractors’, agents’, or employees’ actual or alleged negligence in engaging in activities pursuant to the rights granted City in Section 14 and 15 hereunder. Provided, however, the City’s liability for an occurrence under this Section 7(b) shall not exceed its limits of liability under the Texas Tort Claims Act. SECTION 8. Assignment. This franchise may be transferred in accordance with Article IX, Section 4 of City’s Charter. This franchise shall inure to the benefit of and be binding upon the transferee. SECTION 9. Termination. This franchise may be terminated in accordance with Article IX, Section 5(a) of City’s Charter. SECTION 10. Maps. (a) Upon the City’s reasonable request, on a project-by-project basis, NEC will provide to the City copies of available maps, plats and drawings in use by NEC showing the location of its Facilities at locations within the Public Rights-of-Way. To the extent possible, NEC will provide such information to City in an electronic format, but NEC shall have no obligation to provide such information in any specific format. As to any such maps, plats and drawings so provided, NEC does not warrant the accuracy thereof and, to the extent the locations of the Facilities are shown, such Facilities are shown in their approximate locations. In addition, NEC and the City agree to share information about additions or modifications to their Facilities that could reasonably be expected to have a material impact on the other. (b) Any maps, plats and drawings and/or other information concerning the location of NEC’s Facilities provided by NEC to City shall be used by City solely for management of the Public Rights-of-Way. City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such maps, plats and drawings and/or any other information to any unauthorized third party, without the prior express written consent of NEC. (c) City and NEC agree to meet annually to share their plans for extension of Facilities to serve the public. The goal of the meeting will be to inform and update one another about projects in order to reduce cost and effectively provide services for ratepayers and taxpayers. Participants will include appropriate planning, engineering, and financial representatives of the parties. Representatives of the Texas Department of Transportation may be invited to attend, as well as other third party representatives, provided NEC and the City mutually agree. SECTION 11. Accounting and Audits. (a) NEC shall maintain adequate books and records relating to the performance of its obligations under this franchise. (b) City may cause, upon reasonable notice, an audit to be made of the books and records of NEC relating to NEC’s performance under this franchise only if any such audit Execution Version concerns a payment made less than two (2) years before the commencement of such audit in accordance with Section 33.008(e), Texas Utilities Code, or such other period as may be subsequently established by applicable state law. In the event City elects to exercise its right of audit, City shall provide to NEC written notice at least two (2) business days in advance of the audit. City shall select the auditor. NEC shall make available to the auditor personnel and records reasonably necessary to complete the audit. NEC shall answer questions and provide records or information within a reasonable period of time under the circumstances, including records maintained outside Corpus Christi. City shall bear the cost of the audit; provided that NEC shall bear the cost if the audit reveals underpayment of fees of more than three and one- half percent during the audit period. City and NEC shall meet and attempt in good faith to resolve any disputed issues arising from the audit report. Any underpayments discovered as a result of the audit shall be promptly paid by NEC, and likewise, City shall promptly refund any overpayments discovered. SECTION 12. Underground Electric Distribution Lines. NEC acknowledges the City’s desire to promote a policy of undergrounding Facilities within the Public Rights-of-Way whenever possible. The City acknowledges that the Facilities Extension Schedule of NEC’s approved Tariff for Electric Delivery Service (“Tariff”) provides that electric service will be provided to Retail Customers utilizing construction with standard facilities, which consist of overhead distribution facilities installed above ground. Underground electric connections and conversions from overhead to underground electric connection are specifically considered requests for non-standard facilities for which NEC may require a Contribution in Aid of Construction. NEC currently encourages, and will continue to encourage, the utilization of underground Facilities in new subdivisions and commercial installations within the City. NEC agrees to work with the City to install underground Facilities in all instances where it is practical and economically and operationally feasible to do so, all in accordance with the Tariff and NEC’s Underground Distribution Policy. NEC acknowledges that City may adopt an ordinance requiring developers to place residential distribution Facilities underground in new subdivisions. City will notify NEC in writing of the adoption of any such ordinance. After such notification, NEC will not install overhead distribution Facilities in a new subdivision without confirmation from City that City has exempted the installation from the City’s undergrounding requirement. For purposes of this paragraph, “underground” Facilities do not include primary feeders or other lines of a similar nature and function that comprise NEC’s distribution infrastructure. SECTION 13. Vegetation Management NEC shall have the right, consistent with its Tariff, to cut, trim, treat and dispose of trees and other vegetation upon and overhanging the Public Rights-of-Way of the City in the vicinity of NEC’s Facilities where such trees and other vegetation, in NEC’s reasonable opinion, constitute a hazard to NEC’s personnel or Facilities, or the provision of continuous electric service. SECTION 14. Access to City Facilities. Execution Version Upon reasonable advance notice by the City, NEC grants to City the right to cross NEC property to access or maintain City Facilities, provided such access shall not unreasonably interfere with NEC’s maintenance and operation of its Facilities or adversely impact site safety and/or security, and that determination shall be at the sole discretion of NEC. SECTION 15. Attachment of City Facilities to NEC Poles. NECgrants to City the right to attach lines for City purposes to poles and other Facilities used by NEC for distribution purposes, provided City agrees that such grant shall be in accordance with and subject to the terms and provisions of an appropriate Pole Attachment Agreement, Wi-Fi Agreement or other such agreement covering attachments to NEC Facilities. SECTION 16. Extension to City Property Line. Consistent with the Facilities Extension Schedule of NEC’s Tariff, NECwill ensure that reasonable consideration will be made to minimize the cost to the City for new distribution line extensions installed for the City and located inside city limits as well as for conversions from overhead to underground electric connection for existing lines within the city limits. SECTION 17. Compliance with Law; Police Power. NEC shall carry out operations under this franchise in compliance with all valid and applicable federal, state, and local laws, and NEC specifically agrees to comply with the provisions of any such City promulgated laws or regulations, provided that any such City promulgated laws or regulations shall not be in conflict or inconsistent with the express terms and conditions of this franchise and shall not conflict with the laws of the State of Texas or the laws of the United States of America. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 18. Venue. For proceedings and actions other than those required to be conducted before the Public Utility Commission of Texas (“PUCT”), venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be the State courts of competent jurisdiction of Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 19. Notices. All notices or other communications hereunder shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the addresses set forth below. Notice by facsimile or hand delivery shall be effective at the close of business on the day actually received, if received during business hours on a business day, and otherwise shall be effective at the close of business on the next business day. Notice by overnight United States mail or courier shall be effective on the next business day after it was sent. Notice by United States mail (other than overnight mail) shall effective three business days after it was sent. A party hereto may change its address by providing notice of same in accordance herewith. To City: City Manager, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469-9277. Fax number: 361-880-3839. Execution Version To NEC: Chief Executive Officer, 14353 Cooperative Avenue, Robstown, Texas 78380. SECTION 20. Captions. The Captions contained in this franchise are for convenience of reference only and are not intended to restrict, affect, enlarge or be of any weight in the interpretation or construction of the terms and conditions of this franchise. SECTION 21. Waiver. Failure of either party to require the performance of any term in this franchise or the waiver by either party of any breach of this franchise does not prevent subsequent enforcement of such term and is not deemed a waiver of any subsequent breach. The recitation of specific remedies in this franchise does not waive the right of either party to enforce this franchise by initiating legal proceedings to seek or obtain judicial enforcement of the other party’s obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION 22. Entire Agreement. This franchise contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this franchise. SECTION 23. Amendment. This franchise may be amended only by written agreement of NEC and the City in accordance with the City’s Charter. SECTION 24. No Third Party Beneficiaries. The City and NEC are entering into this franchise solely for their own benefit and nothing herein shall be construed to confer any right, privilege, or benefit on any person or entity other than the City and NEC. No action may be commenced or prosecuted against any party by any third party claiming as a third party beneficiary of this franchise agreement. The franchise agreement shall not release or discharge any obligation or liability of any third party to either party. SECTION 25. Requests for Confidential Information. In the event the City receives a request for the release of information provided by NEC, that is characterized in this franchise agreement as confidential or is characterized in writing by NEC as confidential when it provides the information to the City, the City shall follow the procedures in the Texas Public Information Act for requesting a Texas Attorney General’s Opinion regarding exemption of the information from disclosure and shall provide NEC with a copy of the request for the release of the information and a copy of its request to the Texas Attorney General asking for the opinion regarding exemption of the information from disclosure. If requested to do so, the City will provide information available to it and other reasonable assistance to NEC to assist NEC in establishing that the information is exempted from disclosure. SECTION 26. Severability. 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; provided, however, that this paragraph does not apply should the compensation provided to City hereunder be held invalid Execution Version by final judgment of a court of competent jurisdiction after all appeals, if any, and City may in that event declare this franchise null and void. SECTION 27. Publication. Publication shall be made as required by City’s Charter. SECTION 28. Acceptance. In order to accept this franchise, NEC must file its written acceptance within 30 days after final passage by the City Council of City. If the franchise is not accepted within 30 days, this ordinance shall be null and void. SECTION 29. Effective Date. Subject to Section 26, and provided NEC accepts the franchise by the filing of its written acceptance, this franchise ordinance shall take effect sixty (60) days following its final adoption by the City Council in accordance with the City Charter. Execution Version 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 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 _________________ PASSED AND APPROVED on this the ________ day of ___________________, 2017. ATTEST: _____________________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:10/11/2017 TO:Margie C. Rose, City Manager FROM:Kimberly Houston, Interim City Auditor KimberlyH@cctexas.com 826-3657 CAPTION: Ordinance to approve the 2018 Annual Audit Plan. PURPOSE: To request approval of the 2018 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 ½ City Auditor. BACKGROUND AND FINDINGS: In developing this audit plan, we sought input from the Mayor, City Council, the City Manager and the Executive Team. We developed this plan based on areas considered to be of highest risk to the City. The proposed audit plan was approved by the Audit Committee on October 10, 2017. Chapter 12 ½ Section 2 (h) (1) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting it to the full City Council for approval. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. OTHER CONSIDERATIONS: N/A Approval of 2018 Annual Audit Plan AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2018 Action Item for the City Council Meeting of November 14, 2018 CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 ½ EMERGENCY / NON-EMERGENCY: Non-Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee FINANCIAL IMPACT: □Operating □ Revenue □ Capital Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2018 Annual Audit Plan 2018 Annual Audit Plan Ordinance to Approve the 2018 Annual Audit Plan. Whereas, Section 12 ½ -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the 2018 Annual Audit Plan at its meeting on October 10, 2017; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the 2018 Annual Audit Plan, copy attached as Exhibit A. 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 Exhibit A Item No. Department & Audit Area Audit Objectives Estimated Hours A1 Utilities Utility Rate Model Are current rate model assumptions correct? Historically, have the forecasts been accurate? Do other cities charge higher rates for those outside the city limits? 300 AU17-001 Parks and Recreation Revenue Are sufficient controls in place for all revenue collections? 900 A2 Police Department Property Room Are sufficient controls in place over the evidence and property room function?500 A3 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs?440 A4 City-wide Contract Administration Are departments and contractors in compliance with major expenditure contract terms?800 F1 Public Works Street Construction Evaluate status of prior audit recommendations 100 F2 Aviation Leases Evaluate status of prior audit recommendations 100 F3 Aviation Rental Car Agencies Evaluate status of prior audit recommendations 100 F4 Municipal Court Fee Collections Evaluate status of prior audit recommendations 100 F5 Fleet Maintenance Allocations & Fuel Billing Evaluate status of prior audit recommendations 100 F6 Utilities Utility Rate Model Evaluate status of prior audit recommendations 100 F7 Development Services Funding Evaluate status of prior audit recommendations 100 SP Audit Committee Special Requests Allow time for special requests approved by the Audit Committee 200 CA Unannounced Cash Counts Are cash funds intact?100 FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse.860 Estimated Audit Hours 4,800 In Progress Planned City Auditor's Office 2018 Annual Audit Plan LEGEND 2018 Annual Audit Plan Project Carryovers DATE:October 25, 2017 TO:Margie C. Rose, City Manager FROM:E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 CAPTION: Ordinance to appropriate $615,000 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of replacement vehicles and equipment for beach operations damaged from Hurricane Harvey including 5 ATVS, 7 pickup trucks, 1 tractor, and 1 beach tech machine; including one vehicle declared totally damaged in an automobile accident; and amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $615,000. PURPOSE: Appropriate $615,000 in unreserved No. 1032 State Hotel Occupancy Tax (SHOT) Fund to purchase replacement vehicles and equipment damaged by Hurricane Harvey and increase expenditures in the FY2017-2018 Adopted Operating Budget by $615,000. BACKGROUND AND FINDINGS: On August 25, 2017, Hurricane Harvey, a category 4 hurricane, came ashore between Rockport and Port Aransas, Texas causing massive damage and significant tidal surge on Padre and Mustang Islands. As a result, flood waters were pushed over the protective dunes and caused salt water damage to vehicles and equipment which were secured at the Beach Operations location. One of the trucks, we are requesting reimbursement for, was previously damaged in an accident and was determined to be totaled. The office and several structures were also damaged due to wind, rain and high water. All damage has been reported to Risk Management and submitted to the Finance Department for FEMA reporting. The State Hotel Occupancy Tax (SHOT) Fund has approximately $4,500,000 in unreserved funds. ALTERNATIVES: None OTHER CONSIDERATIONS: None Ordinance to appropriate unreserved funds for replacement of hurricane damaged vehicles and equipment; including vehicle damaged due to automobile accident AGENDA MEMORANDUM First Reading item for the City Council Meeting of November 7, 2017 Second Reading item for the City Council Meeting of November 14, 2017 CONFORMITY TO CITY POLICY: City Council approval is required to appropriate funds. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department Legal Office of Management & Budget Finance FINANCIAL IMPACT: X Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $615,000.00 $615,000.00 Encumbered / Expended Amount This item $615,000.00 $615,000.00 BALANCE $0.00 $0.00 $0.00 Fund(s): State HOT Beach Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to appropriate $615,000 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of replacement vehicles and equipment for beach operations damaged from Hurricane Harvey including 5 ATVS, 7 pickup trucks, 1 tractor, and 1 beach tech machine; including one vehicle declared totally damaged in an automobile accident; and amending the FY 2017- 2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $615,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.That $615,000 is appropriated in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of replacement vehicles and equipment for beach operations damaged from Hurricane Harvey, including 5 ATVs, 7 pickup trucks, 1 tractor, and 1 beach tech machine; including one vehicle declared totally damaged in an auto accident. SECTION 2. That the FY 2017-2018 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $615,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2017, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Carolyn Vaughn ____________ Debbie Lindsey-Opel ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2017, by the following vote: Joe McComb ____________ Ben Molina ____________ Rudy Garza ____________ Lucy Rubio ____________ Paulette Guajardo ____________ Greg Smith ____________ Michael Hunter ____________ Carolyn Vaughn ____________ Debbie Lindsey-Opel ____________ PASSED AND APPROVED on this the _______ day of _______________, 2017. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor Item Description Approx. Cost 1 ATV - 4x4 - Replaces Unit 7874 Mule 25,000.00$ 2 ATV - 4x4 - Replaces Unit 7877 Mule 25,000.00$ 3 ATV - 4x4 - Replaces Unit 2846 Mule 25,000.00$ 4 ATV - 4x4 - Replaces Can Am Unit 3JBKGCN11DJ000992 25,000.00$ 5 ATV - 4x4 - Replaces Can Am Unit 3JBKGAN20FJ000417 25,000.00$ 6 4X4 Pickup - Replaces Unit 7885 45,000.00$ 7 4X4 Pickup - Replaces Unit 7879 45,000.00$ 8 4X4 Pickup - Replaces Unit 7889 45,000.00$ 9 4X4 Pickup - Replaces Unit 7881 45,000.00$ 10 4X4 Pickup - Replaces Unit 7880 45,000.00$ 11 4X4 Pickup - Replaces Unit 7851 45,000.00$ 12 4X4 Pickup - Replaces Unit 7855 45,000.00$ *13 90 HP Tractor - Replaces 2008 New Holland Tractor 110,000.00$ 14 Beach Tech Machine VIN WKU1805008L010068 65,000.00$ Total 615,000.00$ *On Current 2017-2018 Capital Outlay List Hurricane Harvey Replacement of Damaged Vehicles/Equipment Beach Operations DATE:November 7, 2017 TO:Margie C. Rose, City Manager FROM:Esther Velazquez, Assistant to City Manager EstherV@cctexas.com (361) 826-3093 Kim Baker, Assistant Director of Financial Services–Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with SMG, West Conshohocken, Pennsylvania, for the management of the American Bank Center complex, in accordance with RFP No. 1222, based on the best value proposal. The agreement will be for a not-to-exceed value of $16,557,171.15 excluding capital contributions to be determined, and approximately $2,759,528.52 will be funded in FY2017-2018. The term of the agreement is from February 1, 2018 to September 30, 2023, with three additional one year options subject to the sole discretion of the City, with a total for a potential multi-year not-to-exceed amount of $24,978,169.39. PURPOSE: The purpose of this agenda item is to execute a contract for the management of the American Bank Center complex. BACKGROUND AND FINDINGS: The American Bank Center consists of three facilities, a convention center, arena and an auditorium. Since its inception in 1979 and expansion in 2004 this center has hosted a number of events. It is the City’s intent to operate this center in a manner that is fiscally responsible with the objective of offering diverse event activity to area residents and visitors. The City contracts the management services out to firms that specialize in the management of these types of facilities. American Bank Center Management Services for Five Years, Eight Months at $16,557,171.15, with Three One-year Options and a Total Potential Multi-year Amount of $24,978,169.39. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 The current contract expires in January of 2018. A Request for Proposals (RFP) was issued in order to have a new contract in place before the current contract expires. Two proposals were received and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firm’s experience, team’s experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. Then the cost proposal was evaluated for each firm and the pricing score was tabulated and added to the technical proposal and interview scores to determine the highest scoring firm. The staff recommends awarding a service agreement to SMG for the management of the American Bank Center Complex as the highest scoring firm. ALTERNATIVES: No feasible alternatives are available. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: City Manager’s Office and Purchasing Division FINANCIAL IMPACT: x Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $4,657,193.48 $22,218,608.87 $26,875,834.35 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $2,759,528.52 $22,218,640.87 $24,978,169.39 BALANCE $1,897,664.96 $0.00 $1,897,664.96 Fund(s): Visitors Facilities Fund, Hotel Occupancy Tax Fund and Arena Facility Fund Comments:The contract value total is a not-to-exceed $16,557,171.15, of which $2,759,528.52 will be funded in FY2017-2018. The balance will be requested during normal budgeting process for future years. If all options are exercised the total contract value will be a not-to-exceed $24,978,169.39. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement RFP Matrix – American Bank Center Management Services Pricing Sheet Presentation Page 1 of 2 American Bank Center Management Services Schedule of Pricing NTE Contract Value Base Years Type Amount Comment BASE FEE $557,717.15 5 Yrs 8 Mos QUALITATIVE FEE $300,000.00 MAX AT 50K/YR QUANTITATIVE FEE $600,000.00 MAX AT 100K/YR SUBTOTAL $1,457,717.15 NTE VALUE FOR FEES MARKETING FUNDS $3,600,000.00 MAX AT 600K/YR CONVENTION CENTER MAINTENANCE $1,500,000.00 MAX AT 250K/YR ARENA MAINTENANCE $1,200,000.00 MAX AT 200K/YR OVERRUN STIPEND $9,000,000.00 MAX AT 1.5M/YR FOR APPROX 7M ANNUAL BUDGET SUBTOTAL $15,300,000.00 CAPITAL CONTRIBUTIONS TYPE A/HOT TBD FUNDING AVAILABLE AS APPROVED FOR CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $16,757,717.15 CONTRACTOR CONTRIBUTIONS ($200,000)ONE TIME FUNDS AVAILABLE BY SMG TO OFFSET COSTS AT CITY’S DISCRETION TOTAL NOT TO EXCEED VALUE $16,557,171.15 Page 2 of 2 American Bank Center Management Services Schedule of Pricing NTE Contract Value Optional Years Type Amount Comment BASE FEE $320,998.24 3 Yrs QUALITATIVE FEE $150,000.00 MAX AT 50K/YR QUANTITATIVE FEE $300,000.00 MAX AT 100K/YR SUBTOTAL $770,998.24 NTE VALUE FOR FEES MARKETING FUNDS $1,800,000.00 MAX AT 600K/YR CONVENTION CENTER MAINTENANCE $750,000.00 MAX AT 250K/YR ARENA MAINTENANCE $600,000.00 MAX AT 200K/YR OVERRUN STIPEND $4,500,000.00 MAX AT 1.5M/YR FOR APPROX 7M ANNUAL BUDGET SUBTOTAL $7,650,000.00 CAPITAL CONTRIBUTIONS TYPE A/HOT TBD FUNDING AVAILABLE AS APPROVED FOR CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $8,420,998.24 CONTRACTOR CONTRIBUTIONS $0 TOTAL NOT TO EXCEED VALUE BASE + OPTIONS $24,978,169.39 City of Corpus Christi Page 1 of 16 Service Agreement for Management of American Bank Center SERVICE AGREEMENT FOR MANAGEMENT OF AMERICAN BANK CENTER THIS Service Agreement for Management of American Bank Center ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and SMG (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”) and approval by City Council. WHEREAS, Contractor has bid to provide Management Services for the American Bank Center in response to Request for Proposal No. 1222 (“RFP”), which RFP includes the required scope of work and all specifications and which RFP and the Contractor’s proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1, 2, and 3 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 Management Services for the American Bank Center (“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 Exhibits 2 and 3. Services will include management of the Selena Auditorium, the Bayfront Plaza Convention Center, and the Arena facility located at 1901 N. Shoreline Blvd. (the “Facility”). The City grants Contractor the right and authority to manage the Facility in its own name and not as an agent of the City. 2. Exclusive Rights. The City hereby grants to Contractor, subject to the terms and conditions of this Agreement, the "Exclusive Right" to operate themselves or to contract with outside concessionaires for vending machines and for the provision of the Foodservices, to oversee the provision of those services by such concessionaires, and to allow such concessionaires the exclusive use of the foodservice premises at the Facility, subject to any limitations contained in this Agreement. The foodservice premises does not include the area outside of the Facility, such as parking lots or the Barge Dock. The City grants Contractor the exclusive rights to sell novelties, souvenirs, programs, records, tapes, clothing and gifts (collectively, "Novelties") at all Events held at the Facility. (A) The following shall be excluded from the Exclusive Right to provide Foodservices: i. Foodservices provided at fair or festival-type Events at the Facility may be excluded if, in the opinion of the City, the selling of the items from booths is an important part of the Event. Additionally, the Exclusive Right to provide Food and Beverage Services shall not prevent or prohibit an exhibitor from distributing without charge a sample portion of the type of food or merchandise manufactured and distributed in the normal course of the exhibitor's business, or from selling food items intended for consumption off the premises. City of Corpus Christi Page 2 of 16 Service Agreement for Management of American Bank Center ii. Contractor does not have exclusive rights to Foodservices provided at the Buccaneer Days festival. The City has entered into an agreement, which allows vending of food and alcohol at Buccaneer Days at specific locations adjacent to or within the Facility by persons other than the Contractor. iii. The City may, at the City’s discretion, enter into agreements regarding the Fiesta de la Flor event or other events held in the vicinity of the Facility, which allow vending of food and alcohol at specific locations adjacent to or within the Facility by persons other than the Contractor. 3. No Sale of Property. Contractor shall have no authority to sell or otherwise alienate any portion of the Facility or any equipment therein. Contractor shall notify the City of any property deemed surplus and follow City instructions regarding the property’s disposal. 4. No Capital Improvements. The Contractor shall have no authority to make any alterations or any capital improvements to the Facility without the prior written consent of the City. Should Contractor be responsible for any public works projects at the Facility, Contractor shall require payment bonds for any projects over $50,000 and performance bonds for any projects over $100,000. Any required bonds shall require City approval. Any contracts for construction of public works at the Facility must comply with Chapter 2258 of the Texas Government Code, or its successor, as amended. 5. Purchasing Procedures. The Contractor shall have the authority and discretion as to the purchase of all equipment, materials, supplies, and inventories reasonably required by it but shall endeavor to make all such purchases at the best price available, considering the quantities required and the quality desired. In doing so, Contractor must comply with prudent purchasing practices. (A) The Contractor may purchase or procure services from Affiliates of the Contractor, provided that the prices charged and the services provided are competitive with those obtainable from unrelated parties rendering comparable services. Contractor shall, at the City’s request, provide reasonable evidence establishing the competitive nature of such prices and services. Prior to engaging any of its Affiliates, Contractor shall notify the City, and the City may require the Contractor to obtain at least two other competitive bids for unrelated parties to ensure that such services are being provided on competitive terms. 6. Term. This Agreement begins on January 1, 2018 and expires on September 30, 2023 unless extended or terminated sooner pursuant to the terms of this Agreement. This Agreement includes an option to administratively extend the term for up to three 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. (A) Transition Period. The time period from January 1, 2018 to January 31, 2018 shall serve as a transition period. During the transition period, the City’s current contractor will City of Corpus Christi Page 3 of 16 Service Agreement for Management of American Bank Center continue the day-to-day management of the Facility. City shall work to allow Contractor to observe the management of the Facility and obtain information about upcoming events which the Contractor will manage once the transition period has ended. The City will work with the current contractor to provide access to the Facility for the Contractor and to obtain answers to any questions the Contractor might have regarding processes and upcoming events. Contractor will begin managing the Facility effective February 1, 2018. (B) Ending Transition. Contractor agrees that, when this Agreement expires or is otherwise terminated, Contractor will participate in a 30-day transition period with the City or any replacement contractor for the last 30 days during which Contractor is managing the Facility. During that time, Contractor will continue to manage the Facility and plan events, but will allow the City or the replacement contractor to observe, participate, and ask questions regarding the management of the Facility and any upcoming events which the City or the replacement contractor will manage following the termination of this Agreement. 7. Base Compensation and Payment. A total not-to-exceed value of $16,557,717.15 has been established as the total contract value over the base term of the contract excluding capital contributions to be determined. This value is broken out by type of compensation and outlined in Attachment B. As base compensation to Contractor for providing the services hereunder, City shall pay Contractor during the Management Term an annual fixed fee in accordance with Fee Schedule attached hereto as Attachment B. Such fee shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year. 8. Incentive Fee. In addition to the Fixed Management Fee, Contractor shall be eligible to earn an Incentive Fee each full or partial Operating Year of the Term. The Incentive Fee shall be comprised of both a qualitative based fee (“Qualitative Fee”) and a quantitative based fee (“Quantitative Fee”), as follows: (A) Qualitative Fee. Contractor shall be eligible to earn a Qualitative Fee of up to $50,000 in each Operating Year (pro-rated for any Operating Years of less than a full 12 months based on the actual number of days elapsed in such Operating Year out of 365). The Qualitative Fee shall be determined by the City, in its reasonable and good faith discretion, based on its evaluation of Contractor’s performance each Operating Year in each of the following five performance areas. The Qualitative Incentive fee shall be subject to annual appropriation in the operating budget of the City. i. Customer Satisfaction Scores. Contractor shall demonstrate quality service to customers of the Center on evaluations related to Center operations and services, including evaluations related to food quality, food and beverage concessions, catering services and servicing of conventions and meetings. Contract Administrator and Contractor shall cooperate in determining the form and components of the service evaluations and the process for administering such service evaluations. (Up to 30 points) ii. Joint CVB/Contractor Room Night Goal. Contractor shall work together with the CVB to meet or exceed the Joint CVB/Manager Room Night Goal for the City of Corpus Christi Page 4 of 16 Service Agreement for Management of American Bank Center Center. At least 30 days prior to and no more than 30 days following the start of each Fiscal Year, the parties shall mutually agree upon the Joint CVB/Contractor Room Night Goal for the Fiscal Year. (Up to 20 Points) iii. Event Day Goals. Contractor shall work to increase the number of days the Arena and Convention Center is utilized. At least thirty (30) days prior to and no more than thirty (30) days following the start of each Fiscal Year, the parties shall mutually agree upon the Event Day Goals for the Arena and Convention/Trade Shows for the Fiscal Year. (Up to 15 points) iv. Community Involvement. Contractor will work with local and civic non-profit organizations within the locale of the American Bank Center regarding events and marketing. All fulltime management FTE will participate in one program or organization with in the community on a volunteer basis. (Up to 15 points) v. Repairs and Maintenance Implementation. Contractor shall demonstrate quality maintenance and operation of the American Bank Center based upon a review by the Contract Administrator on a quarterly basis of the condition of the American Bank Center and equipment therein. Contractor shall demonstrate compliance with the provision of this Agreement based upon an annual review of the quarterly walkthroughs by the Contract Administrator. (Up to 20 points) (B) Quantitative Fee. Contractor shall be eligible to earn an incentive fee equal to 20% of the amount by which the Gross Revenue in each Operating Year exceeds the Gross Revenue Benchmark. For any Operating Years of less than a full 12-months, the Gross Revenue Benchmark shall be prorated based on the actual number of days elapsed in such Operating Year out of 365. If any Operating Years exceed a 12-month period, the Gross Revenue Benchmark shall be adjusted to account for such extra time by prorating such time that exceeds 12 months based on the number of actual additional days out of 365 and adding that prorated amount to the total Gross Revenue Benchmark. The Gross Revenue Benchmark shall be determined annually as part of the budget approval process. The Gross Revenue Benchmark and Gross Revenue shall include revenue from the Arena, the Convention Center, and the Auditorium. There shall be a cap or maximum limit on the amount of the Quantitative Fee in the amount of $100,000 per year. (C) The Incentive Fee earned by Contractor (both the Qualitative Fee and Quantitative Fee) shall be paid to Contractor no later than 90 days following the end of each Fiscal Year 9. Use of Facility at Direction of City. (A) At the direction of the City Manager, upon reasonable advance notice and subject to availability, Contractor shall provide use of the Facility or any part thereof to civic, special interest groups and nonprofit organizations located in Corpus Christi area at reduced rates. (B) Subject to the Policies and Guidelines established by Contractor and approved or modified by the City, the City shall not schedule use of the Facility pursuant to subsection City of Corpus Christi Page 5 of 16 Service Agreement for Management of American Bank Center (A) or Section 9, below, if such use will conflict with paying events booked by Contractor and shall in all instances be subordinate thereto in terms of priority of use of the Facility. 10. Use of Facility by City. (A) Subject to availability, the City shall have the right to use the Facility or any part thereof rent-free for meetings, seminars, training classes or other non-commercial uses, provided that the City shall promptly reimburse Contractor for any incremental out-of-pocket expenses incurred by Contractor (such as the cost of ushers, ticket-takers, set-up and take- down personnel, security expenses and other expenses) not included in the Approved Budget in connection with such use. Such non-commercial use of the Facility by the City shall i. not compete with or conflict with the dates previously booked by Contractor for paying events; ii. not consist of normally touring attractions (such as concerts and family shows); and iii. be booked in advance upon reasonable notice to Contractor pursuant to the Facility's Policies and Guidelines as approved or modified by the City. Upon request of the City, Contractor shall provide to the City a list of available dates for City's use of the Facility. To the extent that Contractor has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the City, Contractor may propose alternative dates for the City's event, and the City shall use commercially reasonable efforts to reschedule its event to allow Operator to book the revenue-producing event. (B) Subject to availability of unsold advertising space, the City may post advertisements at the Facility and in materials distributed at the Facility at no cost to the City. The City shall reimburse the Contractor for any production costs if applicable. 11. 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: Esther Velazquez City Manager’s Office 361-826-3093 EstherV@cctexas.com 12. Insurance. 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 and American Bank must be City of Corpus Christi Page 6 of 16 Service Agreement for Management of American Bank Center named as additional insureds. 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. 13. Inspection and Acceptance. Contractor agrees to use best efforts to repair any Services that are provided that are not in accordance with the terms of this Agreement. Contractor agrees to maintain the Facility and all of its equipment and fixtures in their current condition as of the date of this Agreement except for normal wear and tear. During the term of this Agreement and any Option Periods, Contractor agrees to replace any broken equipment with equipment of comparable quality. 14. Financial Statements. At the City's request, Contractor shall provide the City with the opportunity to review certain financial statements of Contractor. In connection with such financial statement review, Contractor shall represent and warrant to the City that (i) such Financial Statements were prepared in accordance with generally accepted accounting principles consistently applied and are true and correct in all material respects and present fairly the Contractor's financial position as of the date thereof; and that (ii) to the best of Contractor's knowledge there has been no material adverse change in Contractor's financial position from that reflected in the Financial Statements. 15. 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. 16. 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 or agent of the City. 17. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. 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. Before beginning any work, subcontractors must provide proof of insurance that complies with Attachment C. The certificate of insurance must name the City and American Bank as additional insureds. All subcontracts must include the indemnification provision found in Section 27 of this Agreement. 18. Contracts. (A) The Contractor shall have no authority, without the prior written consent of the City, to enter into any contract for the provision of goods and services to the Facility at any time beyond the date for the expiration of the term of this Agreement or any then-current City of Corpus Christi Page 7 of 16 Service Agreement for Management of American Bank Center Option Period. Contractor shall have the right to enter into, execute, and deliver contracts with users of the Facility which extend beyond or relate to dates falling after the expiration of the term of this Agreement or any then-current Option Period, subject to the written approval thereof by the City. (B) City approval is required for all contracts with Major Users. Major Users include any professional sports team, franchise, or university using the Facility as the site of its home games, as well as any event held at the Facility whose use thereof consists of more than ten days during any fiscal year and any entity with which the Contractor has a multi-year or annual agreement for use of the Facility. Contractor must timely negotiate agreements with the Major Users at the Facility, described in Attachment A. In particular, the Contractor must, within 30 days after executing this Agreement, enter into an agreement with Texas A&M University – Corpus Christi (“TAMU-CC”) assuming all responsibilities and obligations as the operator of the Facility pursuant to the terms and conditions of TAMU-CC’s current license agreement for use of the Facility. (C) All contracts entered into by Contractor requiring the consent of the City under this Agreement shall contain an express provision acknowledging that the same is subject to the City's approval. All contracts entered into by Contractor shall provide that the same are assignable to the City and, notwithstanding any contrary provision hereof, upon termination or expiration of this Agreement for any reason, Contractor shall assign to the City and the City shall assume in writing, all then outstanding contracts affecting the Facility entered into by Contractor in accordance with the authority granted Contractor hereunder; provided, however, the City shall not be obligated to assume any contracts or agreements entered into by Contractor in violation of this Agreement. Furthermore, notwithstanding the foregoing, the City shall not assume and shall not have responsibility for any acts or omissions of Contractor with regard to such contracts or agreements prior to the termination of this Agreement except as a consequence to the City's failure to provide funds under this Agreement. 19. Amendments. This Agreement may be amended or modified only by written amendment signed by both parties. 20. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same or any other term or condition of this Agreement. 21. Compliance with the Law. The Contractor shall comply with all applicable laws, rules, regulations, and ordinances relating to the use and operation of the Facility and the employment of its employees. The Contractor shall perform its obligations hereunder in good faith and in conformity with the standard to which a good operator would operate in similar circumstances. The Contractor shall require that all persons using the Facility or attending events therein comply with all legal requirements of all governmental authorities having jurisdiction. 22. Duty of Contractor. The Contractor shall owe to the City a duty to perform its obligations under this Agreement and to conduct the management and operating of the Facility at all City of Corpus Christi Page 8 of 16 Service Agreement for Management of American Bank Center times with integrity and good faith and in a manner which is in the best interests of the Facility and the City and consistent with the terms of this Agreement, including any guidelines or instructions in Attachment A. 23. Funding Limitations. The City recognizes and agrees that performance by Contractor of its responsibilities under this Agreement is subject to the City’s provision of funds to Contractor as provided in Attachment A and is limited by the City’s budget. 24. Operating Funds and Accounts. The City shall maintain operating accounts to be used for the operation and management of the Facility. The Contractor shall deposit all revenues into the operating accounts and use the funds in those accounts for the expenses related to the management of the Facility. The City shall deposit any funds provided in the annual budget into the accounts for use at the Facility. Any balance in the accounts shall be retained in reserves and used for payment of future operating expenses. 25. Taxes and Permits. (A) The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other required taxes. Upon request, the City Manager shall be provided proof of payment of any taxes related to this Agreement within 15 days of such request. (B) The Contractor must obtain all permits or licenses necessary for the management of the Facility, including any permits or licenses related to the sale or distribution of alcoholic beverages at the Facility. When necessary, the City will assist the Contractor in obtaining such permits. The Arena and Auditorium have each been designated as a Public Entertainment Facility by the Texas Alcoholic Beverage Commission. The City will assist the Operator in maintaining such designation if necessary. 26. 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: Esther Velazquez Assistant to the City Manager 1201 Leopard St. Corpus Christi, Texas 78401 361-826-3093 IF TO CONTRACTOR: SMG Attn: Doug Thornton Title: Executive Vice President, Stadiums and Arenas Address: PO Box 52439, New Orleans, LA 70152 Phone: 504.587.3827 City of Corpus Christi Page 9 of 16 Service Agreement for Management of American Bank Center 27. Indemnification. Contractor, its officers, agents, and employees (“Indemnitor”) shall indemnify and hold the City of Corpus Christi, its officers, agents, employees, and representatives (“Indemnitees”) harmless and defend the 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, attorney’s fees, and expert witness fees which arise or are claimed to arise out of or in connection with this Agreement or the performance of this Agreement, regardless of whether the injuries, death, or damages, are caused or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Indemnitor must, at its own expense, investigate all claims and demands, attend to the settlement or other disposition of such claims, 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 the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. This indemnity specifically includes any claims brought related to the sale or service of alcoholic beverages. CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, CONTRACTOR UNDER ANY CIRCUMSTANCES. 28. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to perform the work specified in this Agreement or for failure 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) The City Manager may terminate this Agreement for convenience upon 60 days’ advance written notice to the Contractor. (C) If the City elects to terminate funding for the operation and maintenance of the Facility, the City shall have the right to terminate this Agreement upon written notice to Contractor, such termination to be effective 60 days after such election to terminate. In such event, the City of Corpus Christi Page 10 of 16 Service Agreement for Management of American Bank Center City shall pay the Contractor all fees and other sums due hereunder through and including the date of termination, otherwise such termination by the City shall be without penalty or liability. (D) If the City’s annual budget or other budget process results in a reduction of the funds available to be paid to Contractor hereunder, Contractor shall have the right to either accept such reduced funding or to terminate this Agreement by written notice to the City within 60 days following Contractor’s notice of the reduction in funding. 29. Surrender of Improvements. Upon expiration or termination of this Agreement, Contractor shall promptly surrender the Facility to the City, leaving to the City all equipment, supplies, manuals, books, records, and inventories that are the property of the City or that have been purchased from funds made available by the City, and Contractor hereby quitclaims, transfers, sells, assigns, and conveys to the City, without recourse, representation, or warranty, all right, title, and interest that Contractor may have to all improvements made to the Facility and all equipment, materials, supplies, inventories and all other property so purchased. All such items including equipment shall be returned in their original condition less only normal wear and tear. Contractor agrees to execute any and all documents necessary to evidence such transfer promptly upon request therefore by the City. Contractor shall also deliver all documents, records, and other work product generated by Contractor for the City during the term of this Agreement. 30. Continuation of Performance. In the event of termination of this Agreement, Contractor, at the City's option, shall continue to perform under the provisions of this Agreement for a reasonable time, not to exceed six months, as determined by the parties to enable the City to make arrangements for a successor as operator of the Facility. 31. 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. 32. Bond Financing. Contractor acknowledges that the Facility is financed in large part with the proceeds of one or more series of City bonds ("Bonds") the interest on which is intended to be excluded from gross income for federal income tax purposes. In order to assist the City in preserving the tax-exempt nature of the Bonds, Contractor acknowledges and agrees as follows: (A) In determining whether to grant or withhold any approval of a contract for which approval of the City is required under this Agreement, the City may consider the effect of such contract for federal tax purposes on the exclusion of interest on the Bonds for federal income tax purposes. (B) Each of the following described contracts must be approved by bond counsel to the City before execution thereof by Contractor: City of Corpus Christi Page 11 of 16 Service Agreement for Management of American Bank Center i. Any contract relating to the Facility which grants a leasehold interest, term for years, or other real estate interest in the Facility (other than a revocable license), or grants a long term right to use the Facility on a basis different from that of the general public. ii. Any contract for the use of the Facility for shows, programs, conventions, and other events unless such contracts provide for use on a fixed fee basis (excluding the sale of merchandise or concessions in respect thereto which may be on a percentage of merchandise or concession revenues), determined on an event by event basis and where the right of the user to the Facility are those of a transient occupant rather than full legal possessory interest in the Facility as a lessee. (C) Any contract for the provision of services related to the Facility must, to the extent applicable, comply with the provisions of Revenue Procedure 2017-13 and the interpretations thereof. If required by bond counsel to the City or counsel to the underwriters, Contractor agrees to make modifications to this Agreement so that the same is, in the opinion of such counsel, a qualified management contract for purposes of Revenue Procedure 2017-13 promulgated by the Internal Revenue Service. In the event such modifications shall materially increase Contractor's obligations hereunder or materially decrease Contractor's rights hereunder, then Contractor shall have the right to terminate this Agreement upon not less than 90 days prior written notice to the City which notice must be provided to the City within 10 business days after Contractor is requested by the City in writing to enter into an amendment or modification hereof pursuant to this paragraph. If Contractor timely exercises its right of termination under this paragraph, Contractor shall continue to perform its obligations hereunder through the date of termination and the City shall continue to pay Contractor therefor in accordance with this Agreement; upon termination, neither party shall have any obligations accruing thereafter hereunder. (D) Any approval of a contract by the City required under this Section shall be given within 30 days following receipt by the City of a request for approval, failing which the City shall be deemed to have disapproved the same. (E) City and the Contractor agree that, for federal income tax purposes, the Contractor will not treat the managed Facility as property owned by the Contractor. 33. Breach. (A) Each of the following shall constitute breach under this Agreement: i. Failure to pay when due any amount required to be paid under this Agreement, if the failure continues for, in respect to any regularly scheduled payment due hereunder, ten days after notice has been given to the breaching party, or in respect to any payment due hereunder which is not a regularly scheduled payment, 30 days after notice has been given to the breaching party. City of Corpus Christi Page 12 of 16 Service Agreement for Management of American Bank Center ii. Failure to perform any other obligation under this Agreement (including Contractor's failure to meet the standards of performance stated in Attachment A), if the failure to perform is not cured within 30 days after notice has been given to the breaching party, except that if the breach cannot reasonably be cured within 30 days, a breach shall not be deemed to have occurred if the breaching party begins to cure the breach within the 30 day period and diligently and in good faith continues to pursue the cure of the breach and actually cures the same within 60 days following such notice. iii. Any representation or warranty of Contractor contained herein which shall be knowingly false or misleading in any material respect as of the date made or deemed to have been made. iv. The Contractor shall (A) admit in writing its inability to pay its debts as they become due or (B) file a petition in bankruptcy or for the reorganization or for the adoption of an arrangement under the Bankruptcy Code as now or in the future amended, or file a pleading asking for such relief, or have or suffer to be filed an involuntary petition in bankruptcy against it which is not contested and discharged within 60 days, or (C) make an assignment for the benefit of creditors, or (D) consent to an appointment of a trustee or receiver for all or a major portion of its property, or (E) be finally adjudicated bankrupt or insolvent under any federal or state law, or (F) suffer the entry of a court order, under any federal or state law, appointing a receiver or trustee for all or a major part of its property or ordering the winding up or liquidation of its affairs, or approving a petition filed against it under the Bankruptcy Code, as now or in the future amended, which order, if not consented to by it, shall not be vacated, denied, set aside or stayed within 60 days after the date of its entry, or (G) suffer the entry of a final judgment for the payment of money and the same shall not be discharged or a provision made for its discharge within 30 days from the date of entry thereof or an appeal or other appropriate proceeding for review thereof shall not be taken within said period and a stay of execution pending such appeal shall not be obtained, or (H) suffer a writ or warrant of attachment or any similar process to be issued by any court against all or any substantial portion of its property and such writ or warrant of attachment or similar process is not stayed or is not released within 45 days after its entry or levy or after any stay is vacated or set aside, or (I) suffer the placing of a judgment lien on its property and failure to cause such lien to be released and discharged within 45 days from the date such lien took effect. v. Contractor shall conceal, remove or permit to be concealed or removed, any part of its property with the intent to hinder, delay, or defraud its creditors or shall make any transfer of any of its property to or for the benefit of a creditor at a time when other creditors similarly situated have not been paid; or suffer or permit while insolvent any creditor to obtain a lien upon its property through legal proceedings, which lien is not vacated within 30 days from the date thereof. City of Corpus Christi Page 13 of 16 Service Agreement for Management of American Bank Center vi. Contractor shall create, assume, or suffer to exist any mortgage, lien, charge of security interest, or other encumbrance whatsoever relating to this Agreement or its rights and obligations under this Agreement, except any pledge or other encumbrance of the fees due Operator pursuant to this Agreement. (B) Each party shall promptly notify the other of any acts or omissions believed to be a breach by the other under this Agreement. In order to be effective, a notice of breach must be timely given, must state that it is a notice of breach, and must specify in reasonable detail the acts or omissions alleged to constitute a breach of this Agreement. Notice of breach is considered timely if given to the other party within 30 days after the non-breaching party learned, or reasonably should have learned, about the breach. (C) If breach occurs and is not waived in writing by the non-breaching party, then the non-breaching party shall have the following remedies which are not exclusive but cumulative in addition to any other remedies now or later allowed by law: i. The right to cure, at the breaching party’s cost and expense, any breach; ii. The right to sue to collect any sums not paid when due; iii. The right to sue to collect damages suffered by the non-breaching party by reason of the occurrence of a willful breach other than breach in the payment of money; or iv. The right to terminate this Agreement. 34. Right of Ingress and Egress. Contractor acknowledges that the City shall have the right to enter the Facility and grant to others the right of ingress and egress to and from the Facility for purpose of inspection thereof or the conduct of capital improvements and for other purposes. The City agrees to coordinate such entry with Contractor so as to minimize interference with scheduled activities at the Facility. 35. Intellectual Property Rights. Pursuant to the terms of this Agreement, the Contractor has agreed to advertise, promote activities, market and conduct public relations for the Facility. Contractor covenants and agrees, subject to the reasonable consent of the City, to develop all intellectual property rights required for the advertisement, promotional activities, marketing and public relations for the Facility. Any and all intellectual property rights including, without limitation, all names and logos for the Facility, shall be the sole and exclusive property of the City. Contractor hereby conveys to the City, without recourse, representation or warranty, any right, title and interest that Contractor may have in and to any such intellectual property rights, including, without limitation, all rights of common law, copyrights, rights of copyright renewal, trademarks and trademark rights, and Contractor agrees to execute any documentation reasonably required by the City to evidence such transfer. The City hereby grants Contractor a license during the term of this Agreement to use and to grant to others the right to use the intellectual property rights in connection with advertising, promotional activities, marketing and public relations for the Facility. City of Corpus Christi Page 14 of 16 Service Agreement for Management of American Bank Center 36. 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. 37. 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 solicitation document, including addenda (Exhibit 1) C. The Contractor’s response (Exhibit 2) 38. 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. 39. 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. 40. Force Majure. Neither party shall be in default hereunder or liable to the other for failure to perform where such default or failure is the result of acts of God, war, or any other similar cause outside of the reasonable control of the party who asserts that default or failure to perform is excused under this Section; provided, that in no event shall the provisions of this Section extend to any default or failure to perform due to labor shortages or strikes or economic hardship. In the event of a delay in performance excused by the operation of this Section, such delay shall only be for the period which the party claiming the delay was actually delayed in the performance of its obligation by the event outside of its reasonable control. 41. Non-Competition. During the term hereof, Contractor agrees that it shall not, directly or indirectly, own, manage or provide consulting or other management, marketing or promotions services, whether as a principal, partner, joint venturer, officer, director, member, employee, consultant, agent, independent contractor, or stockholder of any company or business engaged in operating, managing, marketing, promoting or providing consulting services with respect to, public assembly or other arena-type Facility located within a 100- mile radius of the Facility which competes with the Facility. The foregoing restriction and covenant shall not, however, (i) apply to facilities which are within the restricted area which Contractor is managing under a contract in effect as of the date hereof, such facilities being listed on an attachment hereto and made part hereof for all purposes, or (ii) be deemed breached by Contractor's participation as a promoter, sponsor, or co-promoter of events at any facilities if either (a) the same event has been scheduled to appear at the Facility within City of Corpus Christi Page 15 of 16 Service Agreement for Management of American Bank Center 12 months of its occurrence at such other Facility or (b) the same has not been scheduled to appear at the Facility because the participants (i.e., the promoter of the event in question or the principal performer of the event in question) in such event refuse or decline to appear at the Facility (upon request, Operator shall provide the City's Contract Administrator reasonable evidence thereof). In addition to its rights to terminate this Agreement should Contractor breach the provisions of this section, the City may collect from the Contractor, as liquidated damages and not as a penalty (a) reimbursement of all actual costs incurred by the City to replace Contractor's management team plus (b) all fees paid to Contractor hereunder during the 12- month period immediately preceding such termination. Contractor hereby stipulates and agrees that the foregoing restrictions on Contractor are reasonable in light of the services which Contractor will render hereunder both in terms of geography and duration. Contractor further agrees that the stipulated, liquidated damages set forth in the preceding paragraph hereof are reasonable due to the uncertainty to City of the amount of damages City will actually incur should Contractor breach such provisions, Contractor hereby stipulating and agreeing the City will actually incur damages in such event. The undersigned have executed this Agreement as of the date first set forth above. 42. 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 to Follow] Page 1 of 14 Attachment A – Scope of Work 1.1 Background Information A. The American Bank Center (ABC) complex consists of three facilities; the 10,000 seat multipurpose arena, the 170,000 square foot Convention Center with a 76,500 square foot Exhibit Hall, and the 2,500 seat Selena Auditorium as shown on the attached facilities map A-1 and aerial map A-2. The Center also includes a series of parking lots that serve the facility as shown on the attached parking lot map A-3. The Convention Center and Selena Auditorium were originally built in 1979. These facilities completed a major expansion and renovation in November 2004 in conjunction with the opening of the Arena. B. Since its opening, the ABC complex has hosted a variety of events including concerts, performing arts events, sporting events, family shows, conventions, tradeshows, public shows, meetings, banquets/receptions and special events. The Arena currently hosts Texas A&M University – Corpus Christi’s Men’s and Women’s Basketball teams, the North American Hockey League’s Corpus Christi IceRays and the National Arena League’s Corpus Christi Rage as tenant sports teams. C. It is the City's intention that the Facility be operated in a manner that is fiscally responsible with the objectives of offering diverse event activity (e.g., cultural, educational, entertainment, sporting, social and other activities) to area residents and visitors; attracting events (e.g., conventions and tradeshows) that generate economic and fiscal activity thereby stimulating the economy; minimizing financial operating requirements required from public funds; and, in general, maximizing the utilization of the Facility for the benefit of the City, while minimizing, to the extent practical, the net cost to the City. D. The Corpus Christi Convention and Visitors Bureau (CVB) plays an important role in the business bookings of the ABC complex as it is responsible for bookings going out 18 months in advance of the event. The CVB also tracks business statistics and reports on the economic impact of the ABC complex on a biennial basis. E. Demographic/Economic Data o The ABC complex is located in the S.E.A. District on the Bayfront in Corpus Christi, Texas. o Corpus Christi has a population of 324,074 and is the county seat of Nueces County. o The Metropolitan Statistical Area (MSA) is primarily composed of Nueces, Aransas and San Patricio Counties. o The MSA has an estimated population of 454,726. Growth has been relatively moderate over the past six years as the MSA has an estimated growth rate Page 2 of 14 of 6% from 2010 to 2016. o Approximately 62% of the population of the City of Corpus Christi and Nueces County is Hispanic or Latino. o The remaining population is made up of white (31%), Black/African American (4%) and other races (3%). o The median age for the City of Corpus Christi is 35. o The median household income for the City is $51,255 and County is $50,188. The unemployment rate as reported in December of 2016 was 5.4%. F. Mission Statement The mission of the American Bank Center is to serve as Corpus Christi’s premier event center providing unprecedented guest experiences. G. Mission Goals  Operate the American Bank Center with the highest possible standards of customer service continually evaluating customer satisfaction and quality of service performance  Provide economic benefits to Corpus Christi and maximize financial performance  Maintain the American Bank Center complex in a fiscally responsible manner. H. Critical City Issues  Explore the possibility of acquiring/building a Convention Center hotel adjacent to the Convention Center.  Approval for funding for capital improvements and equipment to keep the complex functional, fresh and attractive. I. The Contractor will have complete control over the operations of the auditorium, convention center and arena (complex) and will align the operations of these facilities to the following priorities: 1) Provide consistent high quality customer service 2) Manage, market and maintain the complex in a fiscally responsible manner 3) Enhance usage/occupancy 4) Maximize financial performance 5) Streamline operations to improve efficiencies J. Other relevant Background Data: a. City Provided Services: The City provides the following services for the facilities: Page 3 of 14 o Water/Wastewater and Gas Services o Insurance for the Building Facilities. o IT services and support. o Kitchen Equipment – Kitchen equipment is available in the American Bank Center for use by the Contractor. There are two fully equipped kitchens available for use. b. Available Funding from Corpus Christi Business and Job Development Corporation (Type A Board) for Arena 1. In November 2000 voters approved the adoption of a sales and use tax at the rate of one-eighth of one percent to be maintained in a separate fund, used only for the promotion, maintenance and operating costs of the Arena. This sales and use tax will be collected until 2025. The beginning fund balance is projected to be $20,000,000 for fiscal year 2018. 2. Arena Marketing/Co-Promotion Each year $600,000 in marketing/co-promotion funds are made available. The City Manager has the authority to approve $200,000 and use of the other $400,000 must be approved by the Type A Board. To qualify for funds the following must be considered: • The group considered for funding must hold an event and catering functions at the Arena. • The event must cause a significant or positive economic impact in Corpus Christi. • The level of support approved will take into account type of business: new, repeat, weekend, holiday, future meeting potential, etc. • Any unpaid invoice balance for the related service (difference between Marketing/Co-Promotion Fund contribution and vendor’s total bill) is the responsibility of the client. • Both parties of this agreement must endorse approval of an event’s application for the Marketing/Co-Promotion Fund for the funds to be dedicated. 3. Arena Maintenance and Operating Costs Each year $200,000 is made available for Arena maintenance. During the annual budget process the Contractor will conduct an assessment of the Arena and make recommendations for improvements. Contractor will submit the recommendations in the form of a projects list. If approved by City management, funding for the projects will be included in the American Bank Center’s proposed budget for approval Page 4 of 14 by the Type A Board and City Council. In fiscal year 2017 $1,500,000 was made available for maintenance and capital improvements to the Arena. Contractor shall utilize sound business practices to choose subcontractors to complete the work in a quality manner for a fair and reasonable price. c. Available Funding from Hotel Occupancy Tax (HOT) Funds for Convention Center Each year $250,000 is made available for Convention Center (includes Selena Auditorium) maintenance. During the annual budget process the Contractor will conduct an assessment of the Convention Center and make recommendations for improvements. Contractor will submit the recommendations in the form of a projects list. If approved by City management, funding for the projects will be included in the American Bank Center’s proposed budget for approval by City Council. In fiscal year 2017 $3,855,000 in HOT funds were made available for capital improvements to the Convention Center. Contractor shall utilize sound business practices to choose subcontractors to complete the work in a quality manner for a fair and reasonable price. d. Funding Chart – see attached funding chart A-4 for a summary of funds reflecting what was outlined above. e. Contractor Provided Services: In addition to the management services the Contractor provides the following services for the facilities: 1. Utilities/Waste Removal and Grounds Keeping: o Electric Service – current provider is Gexa at a rate of $.07485/kwh or an estimated cost of $1,136,430/year. o Waste Service/Removal - current provider is Republic Services and costs are approximately $30,000/year for the Convention Center and approximately $29,000/year for the Arena. o Landscape Maintenance Service – current provider Aspen Lawn at an estimated cost of $24,000/year. o Computer Leases – current provider City of Corpus Christi at an estimated cost of $15,000/year. o Telephone Service – current provider City of Corpus Christi at an estimated cost of $61,000/year. o Elevator Maintenance – current provider City of Corpus Christi at an estimated cost of $37,000/year. 2. Event cleaning costs per facility: Housekeeping responsibilities in the convention center include all Page 5 of 14 conversions, housekeeping support during the event, post-event strike and housekeeping to return the area to original condition. These costs will vary dramatically based on the size, scope and theme of the event. A small wedding reception for 75 guests will require substantially less set-up, event coverage and post-event strike and clean-up than a large 7,500-attendee convention. Housekeeping responsibilities in the Selena Auditorium and the arena are essentially limited to housekeeping-related responsibilities, but costs vary greatly in these venues as well. A lightly-attended “No Food or Drink” performance in the arena or Selena Auditorium will require much lower housekeeping staffing costs than a sold-out event with full concessions. The figures below reflect average event set-up, post-event strike and housekeeping costs ranging from low to high, by venue: Convention Center - $50 to $2,500 (includes conversion and strikes) Selena Auditorium - $150 to $600 Arena - $400 to $2,800 3. Non Event Cleaning Costs per Facility: The full-time facility housekeeping staff’s annual combined wages are $111,000. These cleaning wages include conversion (set and strike) responsibilities in the convention center. 4. Signage, sponsorships, naming rights: The Contractor for the ABC Complex manages the naming rights and venue sponsors for the venue. The naming rights for the venue, American Bank, are based upon a ten year agreement in which includes a Luxury Suite and Personal Seat Licenses. That agreement started December 1, 2014 and will continue until November 30, 2024. This Agreement will be assigned to the Contractor. The current provider of Management Services for the ABC Complex also maintains and implements various venue sponsorships including one year, three year, and five year agreements. These sponsorships contain temporary and permanent signage throughout the American Bank Center as well as other VIP amenities. Based upon their level of commitment, VIP amenities can include access to the VIP Lounge, free VIP parking, name plaques on seats, meet and greets, special food and beverage offers and private use of the complex. 5. Premium Seating/Suite Level Seats: Currently, there are eleven Luxury Suites on the second level of the north side of the building. Below the eleven Suites are sections 114, 115 and 116 in which is where the Premium Seating is located. Page 6 of 14 The Premium Seating otherwise known as the VIP Club or Personal Seat Licenses (PSL's). Luxury Suites are leased out on three or five year terms. Depending on the Suite tenants budget Suite agreements can include sponsorship collateral (permanent and temporary) throughout the complex, Premium Seating outside the Suite, season tickets, free parking, onsite promotions and third party tie-in's with public events. A Luxury Suite starts at $50,000 per year with a minimum of a three year term. Personal Seat Licenses start at $670 per seat if two PSL's are contracted. If three or more PSL's are contracted each seat is $570 per year. The Director of Marketing and Corporate Sales is responsible for creating awareness, selling and maintaining the day-to-day needs of Luxury Suite and Club Seat clients. 6. Food and Beverage Services: The Contractor will provide food and beverage services for events. Caterers can be in-house but will also include outside caterers that will go through a fair and open approval process conducted by the Contractor to participate. f. Tenant contracts: Contract periods are annual or multi-year, as mutually-agreed upon by the tenant and the ABC Complex Manager as follows: Tenant Name Activity Contract Period Scope of Contract Corpus Christi IceRays NAHL Hockey Multi-Year 27 regular season game dates in Arena TAMU-Corpus Christi Islanders Men’s & Women’s Collegiate Basketball Multi-Year 21 regular season game dates in Arena TAMU-Corpus Christi Graduation Ceremonies Multi-Year 3 per school year (August, December & May) in Arena Corpus Christi Rage National Arena League Annual 5 regular season game dates in Arena Hurricane Alley Roller Derby Women’s Flat Track Derby Association Annual 6 regular season bout dates in Exhibit Hall Buc Days Rodeo Professional Rodeo Cowboys Association (PRCA) Annual 4 performances in Arena It is important to note that local high school graduations are held at the convention center complex each year. In addition, the City utilizes the building facilities for specific events. A calendar of events has been attached A-5 to this scope of work for reference. The Contractor must execute agreements with the major tenants to continue their use of the American Bank Center. In particular the Agreement with Texas A&M University – Corpus Christi will be assigned. Page 7 of 14 1.2 Scope of Work The Contractor will provide following minimum management requirements: A. Manage and operate the complex and contract for its use that will meet the stated goals. Furnish all services, personnel materials, tools, machinery, equipment and other items necessary to manage the facilities. B. Manage all aspects of the complex in accordance with an approved operations plan. C. Maintain the complex in a sound and operationally effective condition to ensure protection and preservation of the City’s assets. Services include but are not limited to: routine repairs, preventative maintenance, janitorial services, grounds keeping services, maintenance of all interior and exterior walls of the facilities, maintenance of the landscaping around the facilities, walking inspections of the facilities on a daily basis, and maintenance of the parking lots to city codes and standards. Landscaping areas to be maintained will be as shown on the attached landscape maps A-. D. Manage the Food and Beverage Services, including alcoholic beverage services. The City is open to the Management Company offering food and beverage services through a subsidiary or division of the Management Company or through a third party independent subcontractor. The City will consider alternative arrangements for disallowing outside caterers to participate in the services, or minimizing outside catering services when the financial impact of doing so is determined to be in the City’s best interest. However, the City retains sole discretion in making that determination. The sale of alcoholic beverages will be permitted and conducted in accordance with regulations established by the City and the Texas Alcoholic Beverage Commissions regulations. E. The Contractor shall conduct the Foodservices so that all persons at the facility shall have a reasonable opportunity to purchase the food products sold at all events held at the facility. It is understood and agreed by the Parties that it is not always feasible to operate all of the concession facilities for each and every event held at the facility, and Contractor shall have the right not to operate one or more of the Concession facilities at any Event held at the facility, as Operator reasonably determines to be appropriate for the efficient and cost-effective performance of the Foodservices. The Contractor shall use its reasonable best efforts to operate the concessions services so that all customers at the facility shall be promptly and satisfactorily served the food products sold by way of concessions. All food products sold by the Contractor in providing the Foodservices shall be of the highest standard of quality and purity, and shall be appropriately prepared and appropriately served. All food products and Foodservices shall conform to all requirements of Page 8 of 14 applicable federal, state, county, and municipal laws and ordinances. F. The Contractor shall at all times maintain the Foodservice premises in a neat, clean, and sanitary condition. Employees or subcontractors of the Contractor shall deposit trash and garbage resulting from the Foodservices into suitable containers provided by the Contractor for waste removal. The Contractor shall make all arrangements for the collection of waste products from the facility. The Contractor shall determine the level of staffing needed to maintain this standard. Appropriate staff, based on the number of attendees and the rooms and facilities being used, shall be on site for each event to ensure that this standard is maintained during and following the event. G. The Contractor shall be responsible for repairing and maintaining all Foodservice equipment, including cleaning supplies, used in the operation of the Foodservices as well as interior areas the Foodservice premises. The Contractor shall provide all uniforms for its employees. H. The Contractor shall provide sufficient managerial and customer service personnel to provide high quality Foodservices at the facility. I. The Contractor shall exercise good faith efforts in managing and operating the Foodservices at the facility so as to minimize operating expenses and to maximize gross receipts, while maintaining a level of service that is satisfactory to the City. The Contractor will advertise, promote activities, market, and conduct public relations for the Foodservices. J. Solicit and engage potential clients for the use of the complex, negotiate and execute contracts for the use and schedule events for the short term and long terms use. K. Market the sale of luxury suites, box seats and personal seat licenses. L. Market for advertising, licensing, promotional activities and public relations of the complex. M. Manage and cater special events at the request of the City. N. Establish and submit an annual budget(s) for the complex, approve and monitor all expenditures for proper accounting controls and expense reporting, consolidate and submit monthly reports to City management to provide for overall responsible fiscal management of the operations of the complex. O. Hire and train the complex staff required to effectively manage the operations to include managers, supervisors and front line employees that will promote the City’s mission of excellent customer service. P. Project revenues generated from the complex for each budget year, monitor performance and tweak or adjust strategies in an effort meet or exceed projections. Q. Develop policies and procedures that will contribute to the highest Page 9 of 14 operational efficiencies of the complex. R. Solicit and contract for the naming rights of the complex as these rights become available for others to bid on. S. Implement energy and conservation measures in order to reduce costs associated with the operation of the complex. T. Establish policies and contract for events that will enhance tourism and economic activity in the Downtown area. U. Partner with the Convention and Visitors Bureau (CVB) to market the complex and enhance its use. Develop a marketing plan and brochure, a booking policy, and a complimentary sales responsibilities plan with the CVB and begin implementation thereof as soon thereafter as it is approved by the City. V. Manage the current Naming Rights Agreement between Operator and American Bank, and seek, negotiate and enter into contracts with future naming rights partners subject to the terms of this Agreement, for the naming rights of the Facility, and maximize additional naming rights revenue at the Facility to the extent not under the scope of the current Naming Rights Agreement to the maximum extent possible, not in conflict with the current Naming Rights Agreement. If necessary, Operator shall enter into an agreement with American Bank within sixty (60) days after the execution of this agreement to assume any obligations under the current Naming Rights Agreement, pursuant to the terms and conditions of such Naming Rights Agreement. 1.3 Budget A. General - The Contractor will prepare a budget each year, with the exception of the first year already in progress. The budget will align with the City’s fiscal year which runs from October 1st through September 30th. Approximately 140 days before the beginning of the fiscal year, the Contractor will submit the draft budget to the Contract Administrator for review and approval. Separate budgets will be due for the Convention Center and the Arena. The budget for the first year of the contract is attached A-7. Please note that this budget is for an entire year, part of which will have been expended when the new Agreement begins. B. Monthly Reports – report monthly by the 1st of the month status of the budget for the preceding month. These reports shall be submitted to the Contract Administrator. This report will include a summary, see attached Monthly Report Budget Summary sample A-8 and detailed backup of each cost item. C. Operating Expenses – includes all obligations in promoting, maintaining, marketing and managing the facilities. These expenses are typical of what would be included in the annual budget request: • Salaries, wages and benefits expense Page 10 of 14 • Costs of food service • Event services expenses • Equipment rental expenses • Repairs and maintenance expenses • Advertising, marketing and public relations expenses • Parking expenses • Costs of merchandise • Management and incentive fees • Cleaning expenses • Data processing expenses • Dues, subscriptions and memberships expenses • Printing and stationery expenses • Postage and freight expenses • Security expenses • Professional fees • Telecommunications charges • Utility expenses • Insurance expenses • Taxes • Training costs • Employee uniforms expenses • Credit card fees • Garbage removal expenses • Common-Area-Maintenance expenses • Pest control expenses • Permitting expenses • Talent costs (if Center is producing show) • Other operating expenses D. Operating Revenues – includes any and all revenues received through the operation, management or promotion of the facilities to include but not be limited to: • license, lease and concession fees and rentals, • revenues from merchandise sales, • revenues from advertising and sponsorship sales and renewals (including without limitation revenues from the sale of naming rights), • event sponsorship revenues, • equipment rentals, • utility revenues, Page 11 of 14 • box office revenues, • ticket surcharges, • ticket service fees, • parking revenues, • food service and concession revenues (however, if such revenues are collected in the first instance by and retained by the concessionaire, the amount of such revenues owed by the concessionaire to the Center shall be included as Operating Revenues), • commissions or other revenues from decoration and set-up, security and other subcontractors (however, if such revenues are collected in the first instance by and retained by such subcontractors, the amount of such revenues owed by such contractors to the Center shall be included as Operating Revenues), • miscellaneous operating revenues, • revenues generated from separate agreements with SMG Affiliates pertaining to the Center, and • interest revenues E. Budget Approval - The City will promptly review all proposed Budgets and promptly communicate to the Contractor any comments or suggested revisions thereto. The City shall, in any event, complete its Budget review and deliver its comments in accordance with the City's budget calendar. Final approval of any Budget shall, be completed in accordance with procedures applicable to the general City budget which is to be adopted by the end of each immediately preceding Fiscal Year. In the event a proposed Budget has not been approved in a manner which permits its incorporation into the general City budget for approval on or before the end of each immediately preceding Fiscal Year, the Budget for the previous period shall continue to control. Each Budget shall be considered approved only upon written approval thereof by the City. Each Budget, once approved in writing by the City, and each capital Budget, once approved in writing by the City, shall constitute an "Approved Budget." Operator shall operate and manage the Facility in accordance with the Approved Budget and in no event (other than in connection with an Emergency Expenditure) may Operator incur costs or expenses in excess of the amounts budgeted. Operator recognizes that approval of the Budgets shall be made or withheld by the City in the City's sole and absolute discretion. F. Stipend for Convention Center Management - The City will provide an annual stipend for the management of Convention Center in the amount not to exceed $1,500,000. This is the maximum contribution the City will make to operate this facility. A shared goal moving forward is to reduce this Page 12 of 14 stipend as much as possible in future fiscal years. G. Procurement – purchasing of goods and services shall be conducted in a manner that assures the City that the funds are being spent prudently and in accordance with generally accepted purchasing policies as governed by the State of Texas Local Government Code. Any goods or services purchased over $50,000 shall be done so in a completive market and results of this process shall be submitted to the Contract Administrator for concurrence that a competitive process was followed. Purchases under $50,000 will still be conducted using sound purchasing procedures such as soliciting informal quotes from multiple providers and such processes will be subject to audit by the City. All purchases of furniture, fixtures and equipment and all capital improvements by the Contractor shall be made in the name of the City. The Contractor shall establish an inventory control system to account for these purchases. An inventory list shall be provided with the monthly budget report. 1.4 Operation Plan The Contractor will provide within the first sixty days of operation and then annually thereafter an operating plan. This plan will outline the Contractor’s plan to manage and operate the facility. The Contractor shall devise and implement procedures including preventive and predictive maintenance to keep the facilities in good order and condition. The plan will outline at a minimum, facilities operations and maintenance, marketing plans, food service/catering plans, procurement plans, inventory tracking system plan, budgeting process. 1.5 Work Site and Conditions The work shall be performed at the American Bank Center Complex located at 1901 N. Shoreline Blvd., Corpus Christi, Texas 78401. 1.6 Performance Measures A key component of the management services is optimal tracking of performance and disseminating results in a timely manner. A. The primary purpose of a convention center is to generate economic benefit by attracting new visitors. Visitor spending generates tax revenues and jobs in the local economy. Convention centers also serve as the “living room of the community” providing a gathering place for entertainment and civic events. Convention centers do not typically generate operating profits. Rather, convention centers are a loss leader. They provide tourism infrastructure that benefits the larger hospitality and tourism industries. B. The goal for the Contractor for the American Bank Center is to ensure that both locals and visitors who use the American Bank Center are provided with a distinctive level of service excellence while maintaining a fiscally responsible operation that contributes economic benefits to Corpus Christi. Performance measures must be established to properly evaluate the city’s return on investment. Below is a set of goals, objectives and performance Page 13 of 14 measures that create a foundation for establishing these proposed performance measures with the company selected to manage the American Bank Center. C. GOALS 1. To operate with the highest possible standards of customer service continually evaluating customer satisfaction and quality of service performance. 2. To provide economic benefits to Corpus Christi and maximize financial performance. 3. To maintain the American Bank Center complex in a fiscally responsible manner. D. OBJECTIVES 1. Customer Service • Promote service vision to staff and clients: “By doing ordinary things in an extraordinary manner, we will earn the privilege of serving our customers again.” • Consistently deliver a quality event experience tailored to the satisfaction of every customer. • Provide staff with necessary information, resources, and ongoing training to facilitate the effective and efficient achievement of quality service performance goals. • Hire to assure the right person is in the right job and to enhance service capability. 2. Economic Benefits and Maximize Financial Performance • Generate sales tax dollars. • Attract out-of-state or out-of-area attendees to events at the Center, where they will spend their money on lodging, food, and retail establishments, providing state and local tax revenues, jobs for workers in the hospitality and retail industries, and profits for local businesses. • Provide leadership to the destination sales effort. • Schedule strategy meetings and training events with the Corpus Christi Convention and Visitors Bureau and with hotel sales and services teams. • Plan site visits for third-party planners and association site committees to attract future business to this region. • Increase the number of events booked in the arena vs. prior year. • Increase the number of event days vs. prior year. • Increase the attendance vs. the prior year. • Provide regularly scheduled updates on financials to city staff. Page 14 of 14 3. Maintain the complex in a fiscally responsible manner • Protect the city’s ongoing investment through a high level of maintenance and repair and overall operational standards to be implemented throughout the life of the agreement. • Manage and be responsible for all aspects of the facility’s day-to-day operation including repairs and maintenance, facility cleaning, improvements to the physical plant, exterior maintenance, landscaping, maintenance of sidewalks, driveways and parking areas as well as the purchasing of all required services including the hiring, coordination and oversight of contractors, vendors and suppliers. • Provide, manage and complete an annual Capital Improvement Plan. E. INCENTIVE FEE The Contractor shall be entitled to receive an incentive fee each full or partial operating year of the contract term. The incentive fee shall be comprised of both a qualitative based fee (“Qualitative Fee”) and a quantitative fee (“Quantitative Fee), as described in the Service Agreement. F. PERFORMANCE MEASURES CHART See attached Performance Measures chart A-9 which demonstrates the type of score card that will be used to measure the performance levels for incentive payments. A-1 – FACILITIES MAP A-2 – AERIAL MAP American Bank Center A-3 – PARKING LOT MAP A-4 – FUNDING CHART A-5 – CALENDAR OF EVENTS Month-Year Event Jul-17 Big Bang Celebration Firefighter II EMS Exam Wedding Texas FFA Convention Hijas de su Madre Roller Derby Dancing with the Stars Wedding Fair TXTA Texas Challenge City of CC Pre-Proposal Discover the Dinosaurs Fire Entrance Exam HEB Bakery Family & Friends Caregiver Wedding In Honor of Blue Jay & Vivian, Come Fly with Us Battle on the Bay Aug-17 TMRS Regional Conference TAMUCC Commencement TAMUCC Student Athlete Jehovah's Witnesses Conference Big Daddy Weave Texas Trophy Hunters Show A Night in Vegas Sep-17 International Cat Show Moody High School 50 Year Anniversary Roller Derby Home and Garden Show Wedding Grandparents and other Relatives Raising Children Street Safety Meeting King HS Homecoming County Judges Convention Best of the Best Kansas - Concert Fire Truck Pull Oct-17 Luther Jones Summit Women Leading Government Carroll HS Homecoming Roller Derby South Tx Mini Conterence A-5 – CALENDAR OF EVENTS TCOLE Training Corrdinator Gregory Portland Homecoming Wedding Comedy State of the District TPTA Texas Physical Therapy Assoc Ray HS Homecoming Nov-17 Duck's Unlimited Paw Patrol Comedy Wedding Wedding Wedding Quiceanera Nutcracker Ballet TYFA Sweet 16 Social Dec-17 Performance (not-announced) Concert (not-announced) Nutcracker Ballet Del Mar Graduation TAMUCC Commencement Feast of Sharing Street Safety Meeting Christus Physicians Group RSVP Holiday Party Disney Live Jan-18 NAACP Freedom Fund Banquet Hector P. Garcia Memorial Entertainment (not-announced) Feb-18 SCS Mardi Gras Party Home and Garden Show PATC Seminar BPA Convention Event (not-announced) Fullness of Truth Mar-18 BPA Convention Broadway Show Texas Water Utilities Annual CCA Concert Ballet Apr-18 Texas Skills A-5 – CALENDAR OF EVENTS London HS Prom Fusion National Dance Co Fiesta De La Flor CC Ballet Spring Performance May-18 Del Mar Graduation TAMUCC Commencement SEA Banquet Tuloso Midway Graduation Calallen Graduation Ray, Veteran, Carroll HS Graduations Gregory Portland Graduation London ISD Awards and Graduations CCISD Graduations Jun-18 Flour Bluff Graduation CCISD Graduations UMC-United Methodist TAPT Convention Convention (not-announced) Wedding TASBO Jul-18 TXTA Texas Challenge SXSW Head Start and Early Start Wedding Fair Battle on the Bay Wedding Aug-18 Pan American Golf Assoc Wedding Texas Trophy Hunters Show Jehovah's Witnesses Conference Health Fair Del Mar Graduation Convention (not-announced) Edspiration A-6 – LANDSCAPE MAINTENANCE MAP A-7 - PROPOSED 2018 BUDGET AMERICAN BANK CENTER PROPOSED FY18 BUDGET ARENA CONVENTION CENTER EVENT INCOME Direct Event Inrnnry Rental Lncorne $ 703,106 $ 646,556 Services Income 13,105 172,056 Direct Service Expenses 1135,3501 149,669] Total Direct Event Income 260,855 728,945 Ancillary Inrrrm. Food & Beverage 7913,757 868,015 Novelty 44,771E 13,366 Parking 202,204 2199,933 Other ,Ancillary 442,707 152,065 Total Ancillary Lnconre 1,489,044 1,253,313 Total Event Income 1,769,299 1,982,258 Other Operating Income 1,161,807 516,178 TOTAL REVENUES 2,931.,706 2,498,436 .Indirect Eeo ncwc Wages & Beaefrta 1,477.,232 1,797,092 Event Labor Allocated {485,000) 1300000] Contracted Services - 8,000 General & Ad min 165,904 252,350 Operations Expense 110,200 1.30,000 Repairs & Maint 160,000 225,000 Supplies 60,000 10,000 Insurance 45,000 60,000 LPtilities 905,907 1,598,678 Food & Bev Indirect Exp 250,004 430,000 Total Indirect Expenses 2,708.,939 4,211,120 NET INCOME { LOSS) $ 222,767 $ (1,712,684] A-8 - MONTHLY REPORT SUMMARY EVENT INCOMF Direct Event [flume Renal Income Services Income Direct Service Expenses Total Direct Event Income Ancillary Income road & Beverage Novelty Parking other ancillary Other Event Income Suite Ticket Sales Ticket Rebates Facility Fees total ancillary Income Total Event Income Other Operating Income TOTAL REVENUES AMERICAN BANK CENTER STATEMENT OF OPERATIONS ARENA CONVENTION CENTER Current Year-ta Year -to Current Yaer-to Year -to Month Date Date Month Date Date Actual Actual Budget Actual ActuaI Budget $ 5 - $ Indirect Expenses wages & Benefits Event labor Allocated Contracted Services - - - General&Admin - - - Operations Expense Repairs & Maint Supplies - - - Insurance - - - [Andes Fond & Bev Indirect Exp - - - Total Indirect Expenses NET INCOME ILOSS I 2018 American Bank center management Performance NNS iris CLsmmr• Sat'sfact:or: Scares Gaal 61]:Crt1O aveht •.•rnk �ar�Gaals Event EE STS )(lick l'1011 PI_ Corlrr Lnt.• Invalvemer:t 917'. Re5'�1dl_irtrn_:noe Imprnsntat�or.;Quar:.sriyl 917%` Quantitative Incentive Annual Gael Jeaua Februe March A ril lune lu .+.u_ust Se•tembe r Octobe-r Havember December Attachment B - Schedule of Pricing DATE: 8/7/2011 Fee Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 1222 American Bank Center Complex Management Services SMG PROPOSER PAGE 1 OF 2 RIZED 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 TOTAL PRICE 1.0 Annual Fee to Manage the American Bank Center Complex Year 1 (February 1, 2018 - September 30, 2018) S63,333.33 2.0 Annual Fee to Manage the American Bank Center Complex Year 2 (October 1, 2018 .- September 30, 2019) 595,000.00 3.0 Annual Fee to Manage the American Bank Center $96,900.00 Complex Year 3 (October 1, 2019 - September 30, 2020) Page 5of6 ITEM DESCRIPTION TOTAL PRICE 4.0 Annual Fee to Manage the American Bank Center Complex Year 4 (October 1, 2020 -- September 30, 2021) $98,838.00 5.0 Annual Fee to Manage the American Bank Center $104,887.66 8.0 Complex Year 5 (October 1, 2021 - September 30, 2022) $100,814.76 6.0 Annual Fee to Manage the American Bank Center $106,985.43 9.0 Complex Year 6 (October 1, 2022 - September 30, 2023) $102,831.06 TOTAL BASE YEARS $557,717.15 ITEM DESCRIPTION TOTAL PRICE 7.0 Annual Fee to Manage the American Bank Center Complex Optional Year 1 (October 1, 2023 - September 30, 2024) $104,887.66 8.0 Annual Fee to Manage the American Bank Center Complex Optional Year 2 (October 1, 2024 - September 30, 2025) $106,985.43 9.0 Annual Fee to Manage the American Bank Center Complex Optional Year 3 (October 1, 2025 - September 30, 2026) $109,12514 TOTAL OPTIONAL YEARS $320,99824 GRAND TOTAL ALL YEARS $878,715.39 Attachment B - Schedule of Pricing NTE Contract Value Base Years Type Amount Comment BASE FEE $557,717.15 5 Yrs 8 Mos QUALITATIVE FEE $300,000.00 MAX AT 50K/YR (Must be earned per terms of the Service Agreement) QUANTITATIVE FEE $600,000.00 MAX AT 100K/YR (Must be earned per terms of the Service Agreement) SUBTOTAL $1,457,717.15 NTE VALUE FOR FEES MARKETING FUNDS $3,600,000.00 MAX AT 600K/YR CONVENTION CENTER MAINTENANCE $1,500,000.00 MAX AT 250K/YR ARENA MAINTENANCE $1,200,000.00 MAX AT 200K/YR OVERRUN STIPEND $9,000,000.00 MAX AT 1.5M/YR FOR APPROX 7M ANNUAL BUDGET SUBTOTAL $15,300,000.00 CAPITAL CONTRIBUTIONS TYPE A/HOT TBD FUNDING AVAILABLE AS APPROVED FOR CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $16,757,717.15 CONTRACTOR CONTRIBUTIONS ($200,000) ONE TIME FUNDS AVAILABLE BY SMG TO OFFSET COSTS AT CITY'S DISCRETION TOTAL NOT TO EXCEED VALUE $16,557,171.15 Attachment B - Schedule of Pricing NTE Contract Value Optional Years Type Amount Comment BASE FEE $320,998.24 3 Yrs QUALITATIVE FEE $150,000.00 MAX AT 50K/YR (Must be earned per terms of the Service Agreement) QUANTITATIVE FEE $300,000.00 MAX AT 100K/YR (Must be earned per terms of the Service Agreement) SUBTOTAL $770,998.24 NTE VALUE FOR FEES MARKETING FUNDS $1,800,000.00 MAX AT 600K/YR CONVENTION CENTER MAINTENANCE $750,000.00 MAX AT 250K/YR ARENA MAINTENANCE $600,000.00 MAX AT 200K/YR OVERRUN STIPEND $4,500,000.00 MAX AT 1.5M/YR FOR APPROX 7M ANNUAL BUDGET SUBTOTAL $7,650,000.00 CAPITAL CONTRIBUTIONS TYPE A/HOT TBD FUNDING AVAILABLE AS APPROVED FOR CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $8,420,998.24 CONTRACTOR CONTRIBUTIONS $0 TOTAL NOT TO EXCEED VALUE BASE + OPTIONS $24,978,169.39 Attachment C - Insurance Requirements Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 of Corpus Christi and American Bank, N.A. 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 $5,000,000 Per Occurrence $5,000,000 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 EXCESS LIABILITY $9,000,000 Per Occurrence $9,000,000 Aggregate CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee $1,000,000 Per Occurrence LIQUOR LIABILITY $1,000,000 Combined Single Limit $5,000,000 Aggregate Operator and Any Subcontractors Are Responsible for All Damage to Their Own Equipment or Property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing American Bank Center Complex Management Services 06/30/2017 sw Risk Management AmericanBank CENTER American Bank Center Management Services Council Presentation November 7, 2017 Background AmericanBankr p CENTER Convention Center -190,931 sq ft facility that includes a 76,500 sq ft Exhibit Hall, 3 ballrooms, and 22 breakout rooms; original construction 1967, renovated in 2004 Selena Auditorium - 2,623 seat venue constructed in 1979 Arena - 7,384 fixed seat venue (can seat up to 8,884 with folding chairs on floor), constructed in 2004 as part of Bond Project 2000 In fiscal year 2017 the American Bank Center hosted 423 Events and 558,538 Visitors RFP Process AmericanBankµk`CENTER RFP Development Team - comprised of 4 City staff members from the departments of the City Manager's Office, Financial Services Purchasing Division, Strategic Management and Legal and 2 external stakeholders: • Paulette Kluge, CVB • Lee Trujillo, Type A Board July 10, 2017 - RFP Released August 9, 2017 - Proposals Due September 27, 2017 - Interviews Conducted Scoring Based on: • Technical Proposal • Interview • Price SMG Background Amer;canBank CENTER SMG is an industry leader in facility operations and management services: 40 Years of Facility Management Experience - municipalities make up 92% of their domestic client base 234 Facilities Managed in the United States (14 internationally) 9 Facilities Managed in Texas (15 regionally) Promotion - strong relationships with more than 25 major promoters bringing quality entertainment to the American Bank Center Annual Management Fee (base years) Changes to Agreement nme;canBank CENTER Current Areement Proposed A. reement Annual Incentive Fee Incentive Fee Measures $130,000 Max $130,000 • Improvement over Benchmark • F&B Profit Margin •Customer Satisfaction • Maintenance & Capital Goals $98,421 (average) Max $150,000 Qualitative & Quantitative (defined on next slide) City Subsidy No cap Cap at $1,500,000 Proposed Agreement Incentive Fee AmericanBankr CENTER Qualitative Fee in the Performance Areas of: • Customer Satisfaction Scores • Joint CVB/Contractor Room Night Goal • Event Day Goals • Community Involvement • Repairs & Maintenance Implementation Quantitative Fee: 20% of amount by which gross revenue exceeds gross revenue benchmark Pricing AmericanBank CENTER Not To Exceed Contract Value Optional Years Base Fee Qualitative Fee Quantitative Fee Marketing Convention Maintenance Arena Maintenance Overrun Stipend Capital Contributions (Type A & HOT) Contractor Contrib Total NTE Value $557,717.15 $300,000 $600,000 $3,600,000 $320,998.24 $150,000 $300,000 $878,715.39 $450,000 $900,000 $1,800,000 $5,400,000 $1,500,000 $750,000 $2,250,000 $1,200,000 $600,000 $1,800,000 $9,000,000 $4,500,000 $13,500,000 TBD TBD TBD ($200,000) $16,557,171.15 $8,420,998.24 $24,978,169.39 AmericanBank CENTER Questions? Forms provided by Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-279248 Date Filed: 11/02/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SMG Conshohocken , PA United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. SMG 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1222 Form 1295 Certificate of Interested Parties 4 Name of Interested Party City, State, Country (place of business} Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT 1 swear, or COMMONWEALTH OF PENNSYLVANIA affirm, under penalty of perjury, that the above disclosure is true and correct. NOTARIAL SEAL EVELYN M DOERR Notary Public i CNTY &-__WEST CONSHOHOCKEN KORO, MONTGOMERY My Commission Expires Sep 11, 2020 ignature of authorized agent of contracting business entity this the �1 day of di/6/11&k7 AFFIX NOTARY STAMP / SEAL ABOVE %//34,,eAls Sworn1to nd subscribed before me, by the said c--%C1 /7/ / 20 ! f , to certify which, witness my hand and seal of office. /)2 / a) ,6_. ie,`-,e, 41171V 1/21:$) i nature of fficer administering oath Printed name of officer administering oath Title of officer administering oath r Forms provided by Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.3337 Run: 11/2/2017 at 1:17:02PM Acct # Account Description CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 12 MONTHS ENDED September 30, 2018 ORGANIZATION: 13822 - Arena Maintenance & Repairs Fund: 1130 - Arena Facility Annual Original Budget Amended Budget Expenditures Commitments & Unencumbered % of Budget Encumbrances Balance Expended 530000 Professional services 530210 Building maint & service 530230 Equipment maintenance Total Operating Costs 200,000.00 0.00 0.00 200,000.00 0.00 0.00 200,000.00 200,000.00 0.00 0.00 0.00 0.00 0.00 6,404.11 1,617.27 200,000.00 (6,404.11) (1,617.27) 8,021.38 191,978.62 0.00 0.00 0.00 4.01 TOTAL 200,000.00 200,000.00 0.00 8,021.38 191,978.62 4.01 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting November 14, 2017 DATE: November 7, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(�cctexas.com (361) 826-3169 Corpus Christi Fire Department Medications for Emergency Medical Services CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Life - Assist, Inc., of Rancho Cordova, California to purchase medications for Corpus Christi Fire Department in response to Request for Bid (RFB) No. 1295 based on the lowest responsive, responsible bid for a total amount not to exceed $142,298.14, of which $118,581.78 is funded FY 2017-18 by the Fire Department. The term of this contract is for one year. PURPOSE: This item is to approve the Corpus Christi Fire Department Medications to be used for Emergency Medical Services. BACKGROUND AND FINDINGS: The majority of calls from 911 routed to the Corpus Christi Fire Department (CCFD) are requests for Emergency Medical Services. As such, various pharmaceuticals are needed to provide intervention and support to citizens found with cardiac issues, diabetic emergencies, seizure activity, overdoses, etc. These medications are carried by CCFD ambulances and fire apparatus responsible for emergency response. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bid, and one no bid and is recommending the award to the lowest responsive, responsible bidder, Life -Assist, Inc. 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: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $441,036.00 $23,716.36 $464,752.36 Encumbered / Expended Amount $151,030.47 $0.00 $151,030.47 This item $118,581.78 $23,716.36 $142,298.14 BALANCE $171,423.75 $0.00 $171,423.75 Fund(s): General Fund Comments: The contract total is $142,298.14, of which $118,581.78 is funded in FY2017-2018 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement. Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB 1295 -CORPUS CHRISTI FIRE Department MEDICATIONS for EMERGENCY MEDICAL SERVICES ITEM DESCRIPTION QTY UOM QuadMed Jacksonville, FL Life -Assist, Inc. Rancho Cordova, CA Basileia Group Houston, TX Bound Tree Medical Dublin, OH UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Acetaminophen Bottle 30 PK $1.00 $30.00 $1.23 $36.90 $1.65 $49.50 2 Acetaminophen Elixer Bottle 30 EA $4.96 $148.80 $3.93 $117.90 $1.26 $37.80 3 Adenosine 40 PK $73.00 $2,920.00 $82.50 $3,300.00 $83.30 $3,332.00 4 Albuterol 70 PK $6.30 $441.00 $3.25 $227.50 $5.89 $412.30 5 Aspirin 288 EA $1.08 $311.04 $1.23 $354.24 $0.76 $218.88 6 Atropine Sulfate 70 BX $10.66 $746.20 $128.65 $9,005.50 $113.20 $7,924.00 7 CA Gluconate 10% IV 12 PK $210.00 $2,520.00 $275.22 $3,302.64 $249.25 $2,991.00 8 CA Gluconate 2.5% Gel 80 EA $35.50 $2,840.00 $47.25 $3,780.00 $29.66 $2,372.80 9 Dextrose 50% 90 BX $78.50 $7,065.00 $113.61 $10,224.90 $89.70 $8,073.00 10 Diazepam 20 BX $310.00 $6,200.00 $312.36 $6,247.20 $297.00 $5,940.00 11 Diphenthydramine 20 BX $25.00 $500.00 $31.03 $620.60 $24.00 $480.00 12 Dopamine 8 BX $72.50 $580.00 $97.00 $776.00 $74.25 $594.00 13 Ephinephrine 1:1000 20 BX $410.00 $8,200.00 $467.50 $9,350.00 $490.75 $9,815.00 14 Ephinephrine 1: 10,000 94 BX $50.00 $4,700.00 $64.12 $6,027.28 $54.90 $5,160.60 15 Furosemide 24 BX $82.00 $1,968.00 $74.93 $1,798.32 $129.75 $3,114.00 16 Glucagon 180 EA $178.00 $32,040.00 $214.50 $38,610.00 $379.33 $68,279.40 17 Glucose Paste 600 EA $1.20 $720.00 $13.77 $8,262.00 $1.18 $708.00 18 Labetalol 20 BX $80.50 $1,610.00 $4.12 $82.40 $81.90 $1,638.00 19 Lidocaine 56 BX $30.00 $1,680.00 $37.70 $2,111.20 $30.90 $1,730.40 20 Lidocaine (pre -mixed) 4 CS $184.80 $739.20 $276.63 $1,106.52 $162.96 $651.84 21 Magnesium Sulfate 50% 7 BX $60.00 $420.00 $68.02 $476.14 $50.50 $353.50 22 Methylpred 15 BX $255.00 $3,825.00 $280.31 $4,204.65 $282.00 $4,230.00 23 Naloxone 128 BX $330.00 $42,240.00 $605.20 $77,465.60 $346.00 $44,288.00 24 Midazolam 16 BX $27.00 $432.00 $11.60 $185.60 $11.47 $183.52 25 Morphine Sulfate 48 BX $35.00 $1,680.00 $21.92 $1,052.16 $23.70 $1,137.60 26 Nitrostat Spray 98 EA $146.00 $14,308.00 $212.77 $20,851.46 $139.99 $13,719.02 27 Ondansetron 130 BX $13.68 $1,778.40 $13.95 $1,813.50 $14.30 $1,859.00 28 Sodium Bicarbonade 17 BX $13.50 $229.50 $119.71 $2,035.07 $105.50 $1,793.50 29 Transexxamic Acid 30 EA $14.20 $426.00 $173.17 $5,195.10 $19.88 $596.40 30 Expedited Deliveries 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 TOTAL NO BID $142,298.14 $219,620.38 $192,683.06 SUPPLY AGREEMENT NO. 1295 Corpus Christi Fire Department Medications THIS Corpus Christi Fire Department Medications Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Life -Assist, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Corpus Christi Fire Department Medications in response to Request for Bid No. 1295 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response 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 Supplier agree as follows: 1. Scope. Supplier will provide Corpus Christi Fire Department Medications 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $142,298.14, subject to approved extensions and changes. Payment will be made for goods delivered 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. 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: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Brandon Stowers Corpus Christi Fire Department 361.826.3941 BrandonSt©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier 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 Supplier 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 Supplier 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 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 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. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, 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 Supplier 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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 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: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Brandon Stowers Battalion Chief 2406 Leopard Street, Corpus Christi, TX 78408 Fax: 361.826.4287 IF TO SUPPLIER: Life -Assist, Inc. Attn: Michael Murray Pricing Analyst 11277 Sunrise Park Drive Fax: 800.290.9794 17. SUPPLIER SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier'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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier 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 Supplier, 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 Supplier 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier 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. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. 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. 25. 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: A ,c1iae( Au /lax Title: Pr, C)19 And/SI- Date: Icy/y.20/7 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1295 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide medications in accordance with the specifications listed herein. These medicines will be utilized by the Corpus Christi Fire Department, Emergency Medical Services technicians, to treat patients. This contract will provide needed medications to be purchased on an "as needed" basis by the Emergency Medical Services (EMS) Division of the Corpus Christi Fire Department. 2. Scope of work A. Delivery 1. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices will be quoted F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services will be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2. Delivery, as used in this section, means the goods ordered and received by the City. Receipt of goods that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractors inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Contractor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractors inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at Contractor's expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm CT. B. Defective Goods - Contractor shall pay for return shipment on any goods that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged goods. C. Product Expiration - Contractor shall provide medical supplies with a minimum expiration date of twelve months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. Page 1 of 3 D. Change on Unit of Measure - Contractor may change unit of measure as long as individual unit price remains consistent. E. Discontinued Items - In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1. Documentation from the manufacturer that the product has been discontinued. 2. Documentation that names the replacement product. 3. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6. These providers related to product discontinuance apply only to products specifically listed in this solicitation document. 3. Special Instructions A. Monthly orders of required medications (except for controlled medications listed below in special instructions section), will need to be shipped to: Corpus Christi Fire Department Attention: EMS Supply Coordinator 1501 Holly Road Corpus Christi, TX 78417 B. All controlled medications to be shipped as per DEA regulations to address on DEA Certificate. Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Page 2 of 3 Controlled Medication: Diazepam (Valium) Midazolam (Versed) Morphine Sulfate C. Contractor must process electronic Schedule II narcotic forms (e222). Page 3 of 3 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1295 Corpus Christi Fire Department Medications Date: 9/29/2017 Authorized Bidder: Life -Assist, Inc. Signature: PAGE 1 OF 4 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 UOM QTY Unit Price Total Price 1 Acetaminophen Box 500mg/tablet NDC # N/A Packaged: 50 box PK 30 $1.00 $30.00 Bid as specified sold in BT/100 2 Acetaminophen Elixer Bottle 16mg/5m1 NDC # 57896-0180-16 Packaged: bottles EA 30 $4.96 $148.80 3 Adenosine 6mg/2m1 NDC # 25021-301-02 Packaged: 10 vial/carton Albuterol 1.5 mg/3m1 NDC # 0487-9501-01 Packaged: 30 pouch/carton PK PK 40 70 $73.00 $6.30 $2,920.00 $441.00 4 Page 2 of 4 item Description UOM QFY Unit Price Total Price Asprin 81mg/1 tablet NDC # 0904-4040-73 Packaged: 36 tabs/bottle EA 288 $1.08 $311.04 6 Atropine Sulfate 1 mg/5ml NDC # 0409-4910-34 Packaged: 1 syringe/carton BX 70 $10.66 $746.20 Bid as specified, sold as CS/50 CA Gluconate 10% IV 1 gm/ 10m17 NDC # 63323-311-19 Packaged: 25 vial/tray PK 12 $210.00 $2,520.00 8 CA Gluconate 2.5% Gel 2g/1 tube NDC # N/A Packaged: N/A EA 80 $35.50 $2,840.00 9 Dextrose 50% 25g/50m1 NDC # 0409-7517-16 Packaged: 10 syringe/container BX 90 $78.50 $7,065.00 10 Diazepam 10mg/2m1 NDC # 0409-1273-32 Packaged: 10 cartridge/carton BX 20 $310.00 $6,200.00 11 Diphenhydramine 50mg/ 1 ml NDC # 0641-0376-25 Packaged: 25 vial/package BX 20 $25.00 $500.00 12 Dopamine 200mg/5m1 NDC # 0409-5820-01 Packaged: 25 vial/tray BX 8 $72.50 $580.00 Bid as specified, sold as cs/50 13 Epinephrine 1:1000 l mg/ l ml NDC # 42023-159-25 Packaged: 25 vial/carton BX 20 $410.00 $8,200.00 14 Epinephrine 1:10,000 l mg/ 10m1 NDC # 0409-4921-34 Packaged: 10 syringe/package BX 94 $50.00 $4,700.00 Page 3 of 4 item Description UOM QTY Unit Price Total Price 15 Furosemide 40mg/4m1 NDC # 0409-6102-04 Packaged: 25 vial/tray BX 24 $82.00 $1,968.00 16 Glucagon l mg/ l ml NDC # 0597-0260-10 Packaged: 1 kit/per kit EA 180 $178.00 $32,040.00 17 Glucose Paste 15g NDC # N/A Packaged: N/A EA 600 $1.20 $720.00 Bid as specified, sold as PK/3 18 Labetalol 20mg/4m1 NDC # 0409-2339-34 Packaged: 10 cartridge/package BX 20 $80.50 $1,610.00 19 Lidocaine 100mg/5m1 NDC # 0409-4903-34 Packaged: 10 syringe/container BX 56 $30.00 $1,680.00 20 Lidocaine (pre -mixed) 2g/500m1 NDC # 0264-9594-10 Packaged: 24 container/case CS 4 $184.80 $739.20 21 Magnesium Sulfate 50% 5g/lOm1 NDC # 63323-064-10 Packaged: 25 vial/tray BX 7 $60.00 $420.00 22 Methylpred 125mg/2m1 NDC # 0009-0047-22 Packaged: 25 vial/carton BX 15 $255.00 $3,825.00 23 Naloxone 2mg/2m1 NDC # 76329-3369-1 Packaged: 10 syringe/box BX 128 $330.00 $42,240.00 24 Midazolam 5mg/5m1 NDC # 0409-2305-05 Packaged: 10 vial/carton BX 16 $27.00 $432.00 Page 4 of 4 Item Description UOM QTY Unit Price Total Price 25 Morphine Sulfate 10mg/2m1 NDC # 0409-1893-01 Packaged: 10 cartridge/carton BX 48 $35.00 $1,680.00 26 Nitrostat Spray 0.4mg/60m dose NDC # 45802-210-01 Packaged: 1 bottle/carton EA 98 $146.00 $14,308.00 27 Ondansetron 4mg/2m1 NDC # 0409-1120-1 I Packaged: 10 syringe/carton BX 130 $13.68 $1,778.40 28 Sodium Bicarbonate 50mg/50m1 NDC # 0409-6637-34 Packaged: SOm1/1 syringe BX 17 $13.50 $229.50 29 Tranexxamic Acid 1000mg/10m1 NDC # 42192-605-10 Packaged: vials EA 30 $14.20 $426.00 Allowance: Expedited deliveries for Medications is to be issued by the Contract AdministratoLvia task orders LS 1 $1,000.00 _ $1,000.00 Total $142,084.94 * $142 298.14 * Mathematical error on vendor side. Corrected total amount was verified with vendor. Attachment C: 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 Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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) Employer's Liability Statutory and complies with Part II 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 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 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; Page 2 of 3 • 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. 2017 Insurance Requirements Fire Department EMS Medication Supplies 08/10/2017 sw Risk Management Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. is null for this Supply 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: 2017-272192 Date Filed: 10/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Life -Assist, Inc. Rancho Cordova, CA 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. 1295 Corpus Christi Fire Department Medications 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. TO'AN NGUYE COMM. # 2199016 `s ;l' NOTARY PUBLIC • CALIFORNIA � "hl/ SACRAMENTO COUNTY • f Corrin. Expres JUNE4, 2021 �ti�ti..y ti...e. Chtititiyyres JUN. Lea2,1 WS+L S .nature of AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me,bythe said N v \\ authorized agent of contracting business entity , this the \ day of 20 \-1 to certify which, witness my hand and seal of office. f \ �- ,. ► — \C, AP S. • . • e of officer . . - g oath Printed name of officer administ=ring o. th Title of office adm istering oath Forms provided by Texas Ethics Commission www.ethics.state ersion vJ_.u. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: October 13, 2017 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of IT bmercadocctexas.com (361) 826-3740 Software Maintenance agreements for the Public Safety's Computer Aided Dispatch, Records Management and Mobile Data Computers for a total potential multi-year amount of $577,898.17 CAPTION: Motion authorizing the City Manager, or designee, to execute all documents necessary to obtain two years of public safety software maintenance and support from Intergraph Corporation dba Hexagon Safety & Infrastructure for one year beginning November 1, 2017, in the amount of $246,612.28 for FY17-18 and for a second year for $259,661.48 in FY18-19 (subject to appropriation); and for payment from August 1, 2017, to October 31, 2017, in the amount of $71,624.41, for a total potential multi-year amount of $577,898.17. PURPOSE: To provide continued support and maintenance for our existing Public Safety software. BACKGROUND AND FINDINGS: The City of Corpus Christi purchased the current Intergraph software for Public Safety in December 2006 for which maintenance has renewed annually for the last 10 years. There are plans this fiscal year for staff to conduct an assessment on the current technology which will include a life expectancy on the current program. In addition, major technology advancements have been made in the Public Safety field that are worth a review for future years. The software installed includes the following components: • Computer Aided Dispatch - a centralized computer system by which information is received from the public through 911 and dispatched to emergency responders in the field for both Police and Fire • Records Management - a computerized system that serves as a repository of information the Police Department uses for offense reports, traffic reports, arrest records, supplemental reports and stores the master vehicle, person and property records • Mobile for Public Safety - a distributed computer system by which emergency responders in the field receive dispatch information and routing information to respond to emergency requests from the public ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City purchasing policies and procedures. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Information Technology Department Office of Management and Budget Finance Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $441,238 $259,661.48 $700,899.48 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $318,236.69 $259,661.48 $577,898.17 BALANCE $123,001.31 $0.00 $123,001.31 Fund(s): Municipal IS Comments: This item amount is for two years of service at a value of $506,273.76 plus payment of the previous months of service for $71,624.41. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Maintenance agreement. MAINTENANCE QUOTATION SUMMARY Agreement: 1-1 DURMQ7 Bill To: Corpus Christi TX City Of Department Finance Finance PO Box 9277 Corpus Christi TX 78469 USA 11( A HEXAGON SAFETY & INFRASTRUCTURE Performance Period: 11/1/17 through 10/31/18 Payment Type: Prepaid Annually Currency: USD Ship To: Quotation Summary: SW Maint Services Total Services Cost* Corpus Christi TX City Of David Travino 4th Floor MIS 1201 Leopard St Corpus Christi TX 78401 USA $246,112.28 $500.00 $246,612.28 * Total is exclusive of applicable taxes. Applicable taxes will be added to the invoice. The maintenance services quoted herein are subject to the attached Hexagon Safety & Infrastructure Maintenance Terms and Conditions. This agreement shall only become binding and effective upon the written acceptance by Hexagon Safety and Infrastructure. This quotation expires ninety (90) days from the date of issue by Hexagon Safety and Infrastructure. Offered by: Signature: Name: Date: Email: Telephone: THIS IS NOT AN INVOICE Intergraph Corporation Accepted by: 7Va /Z.G4.brL Harrison Gough Maintenance Contract Administrator 10/23/17 harrison.gough@hexagonsi.com 2567305851 Signature: Name: Title: Date: Email: Telephone: Fax: Please mark one of the following options when submitting your acceptance: A Purchase Order will not be issued. 0 A Purchase Order will be issued and shall reference the terms and conditions of above L� Customer signature above constitutes notice to proceed with this agreement. referenced quote. Page 1 of 4 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1DURMQ7 Corpus Christi TX City Of YR 1/2 Bill To: Corpus Christi TX City Of Department Finance Finance PO Box 9277 Corpus Christi TX 78469 USA Site Number: Ln Base Part 1 IPS0002TST 2 IPS0003 3 IPS0004 4 IPS0004 5 IPS0004A 6 IPS0004ATST 7 IPS0004TST 8 IPS0004TXR 9 IPS0009 10 IPS0012 11 IPS0015 12 IPS0019 13 IPS0019BCK 14 IPS0019TST 15 IPS0020 16 IPS0002 17 IPS0026 18 IPS0027 19 IPS0027TST 20 IPS0030 21 IPS0030TST 22 IPS0034 23 IPS0035 24 IPS0042B 25 IPS0045 26 IPS0048 27 IPS004TXC 29 IPS0052 00120870 Description I/Dispatcher - Test License I/Calltaker I/Informer I/Informer I/Informer to I/LEADS NL I/Informer to I/LEADS NL - Test License I/Informer - Test License I/LEADS Message Suite for Texas State Switch CC I/Mobile Data Terminal NL I/Page I/Tracker I/LEADS-Server NL I/LEADS-Server NL - Backup License I/LEADS-Server NL - Test License I/LEADS-Records Management System CC - Desktop Client I/Dispatcher I/LEADS-Jail Management System - Client CC I/LEADS-Mugshot Capture System NL I/LEADS-Mugshot Capture System NL - Test License I/LEADS-CAD Link NL I/LEADS-CAD Link NL Test License I/Major Incident CC I/Backup I/NetViewer - 50 users I/NetDispatcher - 5 users I/FRMS-CADlink NL I/CAD State Suite (Texas) I/Fire Station Alerting Serial MME-1-44SXWB MME-1-44SXUX 1-227214196 1-227214216 MME-1-44SZ65 1-260726323 MME-1-44SZ6U 1-251711725 1-227214176 MME-1-44SXE9 1-227214371 MME-1-44SZ6F MME-1-44SZ6K 1-249935137 MME-1-44RSJF 1-251468556 MME-1-44SXEE MME-1-44SZ6A 1-258551913 1-227214134 1-258551924 1-227214355 1-227214236 1-227214309 1-227214291 1-227214114 1-251711720 1-227214365 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/17 through 10/31/18 Currency: USD Ship To: Corpus Christi TX City Of David Travino 4th Floor MIS 1201 Leopard St Corpus Christi TX 78401 USA Begin End Service Level Mths Qty Mth Cost Total Cost 11/1/17 10/31/18 Premium 12 4 $0.00 $0.00 11/1/17 10/31/18 Premium 12 10 $53.91 $6,469.20 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 11/1/17 10/31/18 Premium 12 1 $316.25 $3,795.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 11/1/17 10/31/18 Premium 12 1 $575.00 $6,900.00 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 150 $21.56 $38,808.00 11/1/17 10/31/18 Premium 12 12 $215.63 $31,050.72 11/1/17 10/31/18 Premium 12 15 $14.38 $2,588.40 11/1/17 10/31/18 Premium 12 1 $143.75 $1,725.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 11/1/17 10/31/18 Premium 12 1 $431.25 $5,175.00 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 11/1/17 10/31/18 Premium 12 1 $718.75 $8,625.00 11/1/17 10/31/18 Premium 12 2 $359.38 $8,625.12 11/1/17 10/31/18 Premium 12 1 $143.75 $1,725.00 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 11/1/17 10/31/18 Premium 12 1 $143.75 $1,725.00 Page 2 of 4 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1DURMQ7 Corpus Christi TX City Of YR 1/2 Ln Base Part Description 30 IPS0063 I/Map Editor NL 31 IPS0004BCK 32 IPS0004BCK 33 IPS0009BCK 34 IPS0052BCK 35 IPS0015BCK 36 IPS0050BCK 37 IPS0018BCK 38 IPS0042B 41 GSPY5007 44 IPS0009TST 51 IPS0020 I/Informer - Backup License I/Informer - Backup License I/Mobile Data Terminal NL - Backup License I/Fire Station Alerting - Backup License I/Tracker - Backup License I/InterCAD NL - First License - Backup License I/Telephone Device for Deaf - Zetron NL - Backup License I/NetViewer - 50 users GeoMedia Professional NL I/Mobile Data Terminal NL - Test License I/LEADS-Records Management System Site Number: 50000658 Ln Base Part 39 IPS0002 40 IPS0020 43 IPS0001 HAC 50 IPS21179C 53 IPS0082 Site Number: Ln Base Part 42 IPS0080C 45 IPS3042 46 IPS3042DEV 47 IPS21007C 48 IPS21007TSTC Description I/Dispatcher I/LEADS-Records Management System CC - Desktop Client I/Executive for High Availability NL - Component INGR Rep Artifacts for Direct CAD - Comp Map Administration Utility 00268722 Description Mobile for Public Safety CC - Comp EdgeFrontier Runtime Engine EdgeFrontier Developer Engine SAP BusOBJ Intl Plat for Direct 10 NUL-Comp (Existing Cust) SAP BusOBJ Intl Plat - Direct 10NUL- Comp Test(Existing Cust) Serial 1 KJ4AGF00120870NMY 7S MME-1-4VF3UX MME-1-4VF3UU MME-1-4VF3V6 MME-1-4VF3VO MME-1-4VF3VC MME-1-4VF3VL MME-1-4VF3VF Begin 11/1/17 11/1/17 11/1/17 11/1/17 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/17 through 10/31/18 Currency: USD End Service Level 10/31/18 Premium 10/31/18 10/31/18 10/31/18 Premium Premium Premium 11/1/17 10/31/18 Premium 10/31/18 Premium 10/31/18 Premium 11/1/17 10/31/18 Premium 1-328476711 11/1/17 1B8LX2700120870LICG 11/1/17 L 1-249935147 1-243369270 Serial 1-243369260 MME-1-44RSI1 Serial 1-B8LX2700268722-1- BIOTQ2-6.4 1-B8LX2700268722-1- B IOTTS-6.4 10/31/18 Premium 10/31/18 Premium 11/1/17 10/31/18 Premium 11/1/17 10/31/18 Premium Begin End 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 Begin End 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 11/1/17 10/31/18 Mths 12 12 12 12 Qty Mth Cost 1 $57.50 12 1 12 1 12 1 12 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 1 $933.80 12 1 $115.00 12 1 $0.00 12 75 $21.56 Total Cost $690.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,205.60 $1,380.00 $0.00 $19,404.00 Subtotal for Site Number 00120870 $177,491.28 Service Level Premium Premium Mths 12 12 Qty 4 15 Mth Cost $215.63 $21.56 Premium 12 1 $861.93 Premium 12 1 $92.00 Premium 12 1 $203.00 Subtotal for Site Number 50000658 Service Level Premium Premium Premium Premium Premium Mths 12 12 Qty 155 1 Mth Cost $14.38 $424.00 12 1 $318.00 12 1 $181.00 12 1 $0.00 Total Cost $10,350.24 $3,880.80 $10,343.16 $1,104.00 $2,436.00 $28,114.20 Total Cost $26,746.80 $5,088.00 $3,816.00 $2,172.00 $0.00 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1DURMQ7 Corpus Christi TX City Of YR 1/2 Ln Base Part 49 IPS21049C Site Number: Ln Base Part 55 IPSCUSTOM03 56 IPSCUSTOM03 Site Number: Ln Base Part 57 ESCROW Description SAP BusObj Web Intel! for Direct 10 NUL-Comp (Existing Gust) 50010869 Description CAD I/FSA - Westnet Interface CAD I/FSA - Westnet Interface - Modification Billing Description Annual Software Escrow Fee Serial Serial Serial Begin 11/1/17 Begin 3/1/18 3/1/18 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/17 through 10/31/18 Currency: USD End Service Level 10/31/18 Premium End 10/31/18 10/31/18 Mths Qty Mth Cost 12 1 $107.00 Subtotal for Site Number 00268722 Service Level Premium Premium Mths 8 8 Qty 1 1 Mth Cost $87.50 $87.50 Subtotal for Site Number 50010869 Begin End Service Level Mths Qty Mth Cost 11/1/17 11/30/17 Premium 1 1 $500.00 Subtotal for Site Number Billing Total Cost $1,284.00 $39,106.80 Total Cost $700.00 $700.00 $1,400.00 Total Cost $500.00 $500.00 Grand Total Excluding Tax $246,612.28 Page 4 of 4 HEXAGON SAFETY & INFRASTRUCTURE MAINTENANCE RENEWAL POLICIES LATE RENEWAJ. If your maintenance renewal is not received prior to the performance period begin date, in addition to any reinstatement fees that may be charged as described below, maintenance services for the new coverage period may be terminated or suspended by Intergraph Corporation d/b/a Hexagon Safety & Infrastructure. This includes your ability to access system support or the knowledge base, and the ability to log or check support requests. Therefore it is important that you do not delay in renewing your maintenance service contract. REINSTATEMENT FEE FOR LAPSE IN HEXAGON MAINTENANCE COVERAGE Hexagon charges a 25% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. Notwithstanding the foregoing, for all Oracle products there is a 50% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. The reinstatement fee will be calculated and assessed for each month in which there has been a lapse in coverage. The details of this fee may be found in Section 4.1 of the Terms and Conditions. To ensure you are not assessed a reinstatement fee, please return your renewal instructions before the performance period begin date. LICENSE RE -PURCHASE FOR LAPSE IN MICROSOFT SQL SERVER AND BIZTALK MAINTENANCE COVERAGE Hexagon's agreement with Microsoft for reinstating maintenance that has lapsed on Microsoft SQL Server and BizTalk licenses obtained from Hexagon and for which Hexagon provides maintenance and support. Microsoft only allows Hexagon to provide maintenance (including upgrades of the Microsoft products) to you if you provide renewal instructions prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Microsoft license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of SQL Server and/or BizTalk, you are HEXAGON SAFETY & INFRASTRUCTURE required to re -purchase the licenses for the Microsoft products at the then current list price of those products, plus one year of maintenance coverage from the date of re -purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for SQL Server and/or BizTalk. BUSINESS INTELLIGENCE MAINTENANCE BEGINS WITH LICENSE PURCHASE; MAINTENANCE RENEWALS MUST BE RECEIVED BEFORE CURRENT MAINTENANCE TERM EXPIRES Due to constraints related to third -party content in the Business Intelligence suite, the maintenance term must begin when Business Intelligence licenses are purchased. The maintenance must renew, if elected, on the anniversary of the license purchase; therefore, your renewal instructions must be received prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Business Intelligence license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of Business Intelligence, you are required to purchase an upgrade of the Business Intelligence products at a price that is fifty percent (50%) of the then current list price, plus one year of maintenance coverage from the date of the upgrade purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for the Business Intelligence products. CHARGES ARE PAYABLE ANNUALLY AND IN ADVANCE Hexagon's payment terms are annual, in advance, for maintenance service contracts. If you wish to instead pay quarterly in advance, please request a revised quotation. A convenience fee of 15% will be added to contracts with quarterly payment schedules instead of annual. The convenience fee will be prorated across the four quarterly invoices. May 25, 2016 A HEXAGON SAFETY '&INFRASTRUCTURE Hexagon Safety & Infrastructure U.S. Maintenance Terms and Conditions for Software for Corpus Christi Texas This document ("Terms and Conditions") and the Quote to which these Terms and Conditions are attached set forth the terms and conditions for the maintenance of software and related support services by Intergraph Corporation doing business as Hexagon Safety & Infrastructure ("Hexagon") for Customer. 1. DEFINITIONS 1.1. "Affiliate" means any entity or person controlled by or under common control of Hexagon. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Hexagon is as well deemed an Affiliate of any other Affiliate of Hexagon; also Hexagon is an Affiliate of any of its Affiliates. 1.2. "Agreement" means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein. 1.3. "Coverage Period" means the period of performance set forth in the Quote. 1.4. "Covered Products" means the software listed on the Quote for which Services are to be provided to Customer by Hexagon. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software. 1.5. "Customer" means the entity or person purchasing Services. 1.6. "Quote" means a quotation for Services submitted to Customer by Hexagon or an authorized Hexagon partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Hexagon, according to, Section 3.2 and/or Section 12.1. 1.7. "Services" means the maintenance and support services for Covered Products that are further described in the Agreement. 1.8. "Software Product" includes Hexagon's or Hexagon's Affiliate's computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and "online" or electronic documentation, all copies, and any Updates of such Software Products. Software Products are subject to all of the terms and conditions of the End -User License Agreement ("EULA") provided with the Software Product. 1.9. "Third Party Software" means computer software or other technology in which any person or entity, other than Hexagon or Hexagon's Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) Page 1 of 14 applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the third party's software license or similar agreement ("SLA") provided with the Third Party Software. 1.10. "Update(s)" means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer's current version of the Covered Products. 1.11. "Upgrade(s)" means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products. 2. AUTHORIZATION OF SERVICES By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote; (c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a Quote, Customer authorizes Hexagon to provide the Services for Covered Products during the Coverage Period in accordance with the Agreement. The Services will be provided by Hexagon in accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become binding and effective upon the written acceptance by Hexagon or the first delivery of the Services set forth in the Quote, whichever is earlier. 3. TERM 3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only. 3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Hexagon will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Hexagon, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests. 4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE 4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the "Renewal Coverage Period") shall begin on the first day after the expiration or termination of the last paid -in -full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Hexagon will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then -current month. Page 2 of 14 4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased. 5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS Services described in this Section apply to Software Products only. Services for Third Party Software are set forth in Section 10. Hexagon offers two levels of Services for Software Products included in the Covered Products: Standard Support and Premium Support. Under both levels of Services, Hexagon shall provide reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide general advice as to the use of the Software Products included in the Covered Products. The level of Services will be set forth on the Quote and will include the following: 5.1. Standard Support: Standard Support will include and be limited to the following: 5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Hexagon's Customer Support Web Site where available at https://support.hexagonsafetyinfrastructure.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM — 5PM at Customer's local time, excluding Hexagon -observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer's local Hexagon office. 5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Hexagon will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the "Support Notices and Announcements" section on the Customer Support Web Site or applicable local support website or via direct notification by Hexagon. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Hexagon. Updates are shipped to Customer upon Customer request. Hexagon is not obligated to produce any Updates. 5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem Knowledge Base, an on-line self-help tool. 5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning production is down), then phone support is also available after-hours and on Hexagon -observed holidays. Hexagon may not provide both levels of support for all Software Products in all countries. Customer may choose any level of Services offered, however all Software Products included in the Covered Products under the Agreement must have the same level of Services when available. Page 3 of 14 Services are only available for the current version and the one version prior to the current version of a particular Software Product. Services are limited to the specific Software Products listed on the Quote and functioning on the appropriate Hexagon -supported operating system. 6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER'S OBLIGATIONS Performance of Services by Hexagon is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (collectively, minimum system requirements and customer obligations hereinafter referred to as "Customer Obligations"): 6.1. Customer's hardware and operating system software must meet the minimum system requirements specified by Hexagon and made available to Customer upon request. 6.2. Customer's system must have input and output devices that enable the use of Hexagon's diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Hexagon upon request. 6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products. 6.4. Customer will ensure availability of its own system technical support personnel so that Hexagon can fulfill its Service obligations. 6.5. When reporting problems to Hexagon's Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Hexagon to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed. 6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Hexagon through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Hexagon. 6.7. Customer is solely responsible for assuring the compatibility of non -Hexagon products with products provided by Hexagon. 6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Hexagon will not be liable for lost data. In addition, Customer shall provide for any other requirements reasonably specified by Hexagon and related to the rendition of the Services to be met. If Customer fails to fulfill its Customer Obligations, Hexagon is entitled to bill Hexagon's time and effort made necessary by Customer's failure at Hexagon's currently stated hourly rates. 7. EXCLUDED SOFTWARE SERVICES Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively "Excluded Services"): 7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration 7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System -level tuning and optimization and system administration support 7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in accordance with Section 8 Page 4 of 14 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of Services 7.10. Services required due to modifications of Covered Products by Customer. In the case of Hexagon software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products 7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer's disregard of the installation and operating instructions according to the documentation provided with the Covered Products 7.12. Services required due to failure of software or hardware not supplied by Hexagon and not covered in the Agreement 7.13. Services required due to Customer's use of hardware or software that does not meet Hexagon specifications or failure of Customer to maintain or perform industry standard maintenance on Customer's hardware or software 7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Hexagon, or used with peripherals, operational equipment or accessories not conforming to Hexagon's specifications 7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Hexagon's fault. 7.16. Services required due to customer's failure to fulfill the Customer Obligations set forth in Section 6 7.17. Services required due to faulty or incomplete Customer data. When ordered by Customer, Excluded Services or other software maintenance support services that are outside the scope of this Agreement will be billed by Hexagon according to the stated hourly rates and material prices in effect at the time such service is performed. 8. SYSTEM SUPPORT TECHNICIAN 8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services ("Authorized Contacts"). 8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Hexagon to handle them efficiently. Authorized Contacts must have successfully completed Hexagon product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer's operating system, network, and hardware and software systems. Customer agrees to promptly notify Hexagon of any replacement of an Authorized Contact. 9. REMOTE ACCESS Customer will permit Hexagon to electronically access Customer's system via SecureLinkTM SecureLinkTM is a tool for providing secure, auditable remote access to Customer's system in order for Hexagon support personnel ("Customer Support") to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. The Authorized Contacts should be available to assist Hexagon Customer Support as needed during this entire process. Customer Support will only access Customer's system with the knowledge and consent of Customer. For local variances specific Page 5 of 14 to the use of remote access tools other than SecureLinkTM, Customer should contact the local Hexagon support office. 10. THIRD PARTY SOFTWARE Support and Updates of Third Party Software shall be provided in the fashion and to the extent or duration that Hexagon is authorized to provide such by the third party manufacturer of the Third Party Software, and such Third Party Software Services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software. Services and Updates for any Third Party Software that are not listed on the Quote must be obtained from the third party owner of the products or their designated representative. 11. REQUIRED COVERAGE 11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2. 11.2. Prerequisite Licenses. All prerequisite Hexagon software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote. 12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS 12.1. Additions of Covered Products to Maintenance. 12.1.1. Additional Software Products from Hexagon. In the event Customer purchases additional licenses of Software Products from Hexagon during the term of this Agreement, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement. 12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Hexagon in writing about the newly acquired Software Products, and upon receipt of such notice, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Hexagon may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement. 12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote. 12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the Page 6 of 14 then -current Hexagon Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product. 12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Hexagon on a "Software Relinquishment Agreement" that the copies of the Covered Product for which Customer desires to cease Services (the "Relinquished Licenses") for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re -purchase the licenses at the then current list price. 13. PAYMENT 13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice. 13.2 Past Due Accounts. HEXAGON RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Hexagon, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (iii) under any agreement between Hexagon and Customer's parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Hexagon shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Hexagon is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency's fees, reasonable attorneys' fees and court costs. 13.3 Customer's Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Hexagon within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period. Page 7 of 14 14. CUSTOMER WARRANTIES During the Coverage Period, Customer shall commit to the following: 14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Hexagon so that Hexagon may issue a revised Quote to Customer. 14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote. 14.3. Customer shall, and Customer shall cause each of Customer's employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement. 15. INTELLECTUAL PROPERTY 15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Hexagon, Hexagon's Affiliate or applicable third party, and are licensed in accordance with the then current Hexagon EULA, EULA of Hexagon's Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer's request, Hexagon shall provide customer with such EULA or SLA. Upon Hexagon's request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA. 15.2. Confidential Information. Hexagon and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement "Confidential Information" shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. Confidential Information also shall include, whether or not designated "Confidential Information" (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Hexagon or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers. Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Hexagon shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature. The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it, generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such Page 8 of 14 information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body produced by court order or subpoena,or in compliance with the Texas Public Information Act provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS 16.1. Limited Warranties. 16.1.1. Hexagon Services Warranty. Hexagon warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Hexagon of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement. 16.1.2. Hexagon Software Warranty. Hexagon warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Hexagon Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products. 16.1.3. Pass -Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer. 16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF HEXAGON. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN HEXAGON WARRANTS THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Hexagon's entire liability and Customer's exclusive remedy shall be, in Hexagon's sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement. Page 9 of 14 Hexagon is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose. 16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY SHARE INFORMATION FROM TIME TO TIME RELATED TO ITS EXPECTED DIRECTION, ROADMAP, OR VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY TIME IN HEXAGON'S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON'S FORMAL AND EXPRESS CONTRACTUAL COMMITMENT TO DELIVER THE SAME. 17. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEXAGON OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IF HEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEXAGON'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO HEXAGON DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN HEXAGON LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. Page 10 of 14 18. TERMINATION This Agreement may only be terminated prior to its expiration in the following ways: 18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party's business. 18.2. Customer fails to pay Hexagon any amount when due (i) under this Agreement; or (ii) under any other agreement between the parties. 18.3. Customer's license to the Covered Products for which Customer has purchased Services is terminated. 19. RESTRICTIONS 19.1. Non -Solicitation of Employees. Customer agrees and shall endeavor not to, without the prior written consent of Hexagon, solicit or hire any Hexagon employee, or induce such employee to leave Hexagon's employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. . Hexagon shall be entitled to equitable or injunctive relief to prevent breaches. For purposes of this Section, the term "employee" means employees of Hexagon and/or any Hexagon subsidiary and/or any of Hexagon's subcontractors who directly support Customer. 19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies. 19.2.1. For civilian agencies: The Covered Product was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with the Federal Acquisition Regulations ("FAR") 52.227-19 (a) through (d) (Commercial Computer Software — Restricted Rights). 19.2.2. For units of the Department of Defense ("DoD"): The Covered Product was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ("DFARS") DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation). 19.2.3. Notice: The Covered Product is "commercial computer software" as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227- 7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Hexagon and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States. Page 11 of 14 19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Hexagon, its subsidiaries or distributors (collectively, "Export Controlled Products") are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.gov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html). 19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place. Any questions regarding export or re-export of an Export Controlled Product should be addressed to Hexagon's Export Compliance Department, 305 Intergraph Way, Madison, Alabama, United States 35758 or at exportcompliance@intergraph.com. 20. TAXES All charges under this Agreement are exclusive of each and every country's federal, provincial, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees ("Taxes"). Customer shall be liable for, and hold Hexagon harmless from and against, any and all Taxes. Taxes shall expressly exclude any federal, state, municipal, or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Hexagon's income, capital and/or assets. The total invoice amount for charges under this Agreement is subject to increase by the amount of any Taxes which Hexagon is required to withhold, collect, or pay regarding the transactions under this Agreement so that Hexagon receives the full amount of the charges on Hexagon's invoices. Any certificate to exempt the Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer's expense. 21. GENERAL 21.1. Third Party Providers. Hexagon reserves the right to provide Services through a third party provider. 21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Hexagon does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express Page 12 of 14 written consent of Hexagon. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original. 21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Hexagon and Customer, with the latest addendum taking precedence over any earlier addenda; (ii) the Quote; and (iii) these Terms and Conditions. 21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. 21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions. 21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party's right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement. 21.7 Notices. Any notice or other communication ("Notice") required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Hexagon's address for Notices is Hexagon Safety & Infrastructure, 305 Intergraph Way, Madison, Alabama 35758, Attn: Legal Department, 256-730-2333. 21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Hexagon may assign its rights and obligations under this Agreement, without Customer's approval, to (i) an entity which acquires all or substantially all of the assets of Hexagon or the Hexagon division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Hexagon. Any attempt by Customer to sublicense, assign or transfer any of Customer's rights or obligations under this Agreement, except as expressly provided in this Agreement, is void. 21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure. 21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal Page 13 of 14 action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 21.11 Waiver of Jury Trial. Hexagon and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement. 21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Hexagon for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Hexagon will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Hexagon has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together. 21.13 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer's convenience only. 21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination. SGI-10012015 Page 14 of 14 MAINTENANCE QUOTATION SUMMARY Agreement: 1-1 HSOLGS Bill To: Corpus Christi TX City Of Department Finance Finance PO Box 9277 Corpus Christi TX 78469 USA 11( A HEXAGON SAFETY & INFRASTRUCTURE Performance Period: 11/1/18 through 10/31/19 Payment Type: Prepaid Annually Currency: USD Ship To: Quotation Summary: SW Maint Services Total Services Cost* Corpus Christi TX City Of David Travino 4th Floor MIS 1201 Leopard St Corpus Christi TX 78401 USA $259,161.48 $500.00 $259,661.48 * Total is exclusive of applicable taxes. Applicable taxes will be added to the invoice. The maintenance services quoted herein are subject to the attached Hexagon Safety & Infrastructure Maintenance Terms and Conditions. This agreement shall only become binding and effective upon the written acceptance by Hexagon Safety and Infrastructure. This quotation expires ninety (90) days from the date of issue by Hexagon Safety and Infrastructure. Offered by: Signature: Name: Date: Email: Telephone: THIS IS NOT AN INVOICE Intergraph Corporation Accepted by: 7Va /Z.G4.brL Harrison Gough Maintenance Contract Administrator 11/1/17 harrison.gough@hexagonsi.com 2567305851 Signature: Name: Title: Date: Email: Telephone: Fax: Please mark one of the following options when submitting your acceptance: A Purchase Order will not be issued. 0 A Purchase Order will be issued and shall reference the terms and conditions of above L� Customer signature above constitutes notice to proceed with this agreement. referenced quote. Page 1 of 4 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1HSOLGS Corpus Christi TX City Of YR 2/2 Bill To: Corpus Christi TX City Of Department Finance Finance PO Box 9277 Corpus Christi TX 78469 USA Site Number: Ln Base Part 58 IPS0002TST 59 IPS0003 60 IPS0004 61 IPS0004 62 IPS0004A 63 IPS0004ATST 64 IPS0004TST 65 IPS0004TXR 66 IPS0009 67 IPS0012 68 IPS0015 69 IPS0019 70 IPS0019BCK 71 IPS0019TST 72 IPS0020 74 IPS0026 75 IPS0027 76 IPS0027TST 77 IPS0030 78 IPS0030TST 79 IPS0034 80 IPS0035 81 IPS0042B 82 IPS0045 83 IPS0048 84 IPS004TXC 85 IPS0052 86 IPS0063 00120870 Description I/Dispatcher - Test License I/Calltaker I/Informer I/Informer I/Informer to I/LEADS NL I/Informer to I/LEADS NL - Test License I/Informer - Test License I/LEADS Message Suite for Texas State Switch CC I/Mobile Data Terminal NL I/Page I/Tracker I/LEADS-Server NL I/LEADS-Server NL - Backup License I/LEADS-Server NL - Test License I/LEADS-Records Management System - AFR Client I/LEADS-Jail Management System - Client CC I/LEADS-Mugshot Capture System NL I/LEADS-Mugshot Capture System NL - Test License I/LEADS-CAD Link NL I/LEADS-CAD Link NL - Test License I/Major Incident CC I/Backup I/NetViewer - 50 users I/NetDispatcher - 5 users I/FRMS-CADlink NL I/CAD State Suite (Texas) I/Fire Station Alerting I/Map Editor NL Serial MME-1-44SXWB MME-1-44SXUX 1-227214196 1-227214216 MME-1-44SZ65 1-260726323 MME-1-44SZ6U 1-251711725 1-227214176 MME-1-44SXE9 1-227214371 MME-1-44SZ6F MME-1-44SZ6K 1-249935137 1-243369270 MME-1-44SXEE MME-1-44SZ6A 1-258551913 1-227214134 1-258551924 1-227214355 1-227214236 1-227214309 1-257832228 1-227214114 1-251711720 1-227214365 1 KJ4AGF00120870NMY A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/18 through 10/31/19 Currency: USD Ship To: Corpus Christi TX City Of David Travino 4th Floor MIS 1201 Leopard St Corpus Christi TX 78401 USA Begin End Service Level Mths Qty Mth Cost 11/1/18 10/31/19 Premium 12 4 $0.00 11/1/18 10/31/19 Premium 12 10 $56.61 11/1/18 10/31/19 Premium 12 1 $301.88 11/1/18 10/31/19 Premium 12 1 $332.06 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 Total Cost $0.00 $6,793.20 $3,622.56 $3,984.72 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $377.35 $4,528.20 11/1/18 10/31/19 Premium 12 1 $603.75 $7,245.00 11/1/18 10/31/19 Premium 12 1 $301.88 $3,622.56 11/1/18 10/31/19 Premium 12 1 $377.35 $4,528.20 11/1/18 10/31/19 Premium 12 1 $301.88 $3,622.56 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 150 $22.64 $40,752.00 11/1/18 10/31/19 Premium 12 15 $15.10 $2,718.00 11/1/18 10/31/19 Premium 12 1 $150.94 $1,811.28 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 $0.00 11/1/18 10/31/19 Premium 12 1 $452.81 $5,433.72 11/1/18 10/31/19 Premium 12 1 $377.35 $4,528.20 11/1/18 10/31/19 Premium 12 1 $754.69 $9,056.28 11/1/18 10/31/19 Premium 12 2 $377.35 $9,056.40 11/1/18 10/31/19 Premium 12 1 $150.94 $1,811.28 11/1/18 10/31/19 Premium 12 1 $377.35 $4,528.20 11/1/18 10/31/19 Premium 12 1 $150.94 $1,811.28 11/1/18 10/31/19 Premium 12 1 $60.38 $724.56 Page 2 of 4 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1 HSOLGS Corpus Christi TX City Of YR 2/2 Ln Base Part Description 87 IPS0004BCK 88 IPS0009BCK 89 IPS0052BCK 90 IPS0015BCK 91 IPS0050BCK 92 IPS0018BCK 93 IPS0042B 95 IPS0020 96 GSPY5007 99 IPS0009TST IPS0020 106 Site Number: Ln Base Part 73 IPS0002 94 IPS0002 98 IPS0001HAC IPS21179C 105 IPS0082 107 Site Number: Ln Base Part 97 IPS0080C IPS3042 100 101 102 IPS3042DEV IPS21007C IPS21007TSTC I/Informer for Municipal Court System Inter - Backup License I/Mobile Data Terminal - Backup License I/Fire Station Alerting - Backup License I/Tracker - Backup License I/InterCAD - First License - Backup License I/Telephone Device for Deaf - Zetron - Backup License I/NetViewer NL - 50 users I/LEADS-Records Management System CC - Desktop Client GeoMedia Professional NL I/Mobile Data Terminal NL - Test License I/LEADS-Records Management System CC - Desktop Client 50000658 Description I/Dispatcher I/Dispatcher I/Executive for High Availability NL - Component INGR Rep Artifacts for Direct CAD - Comp Map Administration Utility 00268722 Description Mobile for Public Safety CC - Comp EdgeFrontier Runtime Engine EdgeFrontier Developer Engine SAP BusOBJ Intl Plat for Direct 10 NUL-Comp (Existing Cust) SAP BusOBJ Intl Plat - Direct 10NUL- Serial 7S MME-1-4VF3UU MME-1-4VF3V6 MME-1-4VF3VO MME-1-4VF3VC MME-1-4VF3VL MME-1-4VF3VF 1-328476711 MME-1-44SXAS A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/18 through 10/31/19 Currency: USD Begin End 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 1B8LX2700120870LICG 11/1/18 L 1-249935147 MME-1-44SYXJ Serial 1-243369260 1-243369260 Serial 1-B8LX2700268722-1- B IOTQ2-6.4 1-B8LX2700268722-1- B IOTTS-6.4 Begin End 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 Service Level Premium Premium Premium Premium Premium Premium Premium Premium Premium Premium Premium Mths Qty Mth Cost 12 2 $0.00 12 1 $0.00 12 1 $0.00 12 1 $0.00 12 1 $0.00 12 1 $0.00 12 1 $980.49 12 15 $22.64 12 1 $120.75 12 1 $0.00 12 75 $22.64 Subtotal for Site Number 00120870 Service Level Premium Premium Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium Begin End 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 Mths Qty Mth Cost 12 12 $226.41 12 4 $226.41 12 1 $905.03 12 1 $96.60 12 1 $213.15 Subtotal for Site Number 50000658 Service Level Premium Premium Premium Premium Premium Mths Qty Mth Cost 12 155 $15.10 12 1 $445.20 12 1 $333.90 12 1 $190.05 12 1 $0.00 Total Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,765.88 $4,075.20 $1,449.00 $0.00 $20,376.00 $157,844.28 Total Cost $32,603.04 $10,867.68 $10,860.36 $1,159.20 $2,557.80 $58,048.08 Total Cost $28,086.00 $5,342.40 $4,006.80 $2,280.60 $0.00 Page 3 of 4 MAINTENANCE QUOTATION DETAIL Corpus Christi TX City Of Account Nbr: MDC -3317 Quote: 1-1 HSOLGS Corpus Christi TX City Of YR 2/2 Ln Base Part 103 IPS21049C 104 Site Number: Ln Base Part IPSCUSTOM03 108 IPSCUSTOM03 109 Site Number: Ln Base Part ESCROW 110 Description Comp Test(Existing Cust) SAP BusObj Web Intel) for Direct 10 NUL-Comp (Existing Cust) 50010869 Description CAD I/FSA - Westnet Interface CAD I/FSA - Westnet Interface - Modification Billing Description Annual Escrow Fee Serial Serial Serial Begin End A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/18 through 10/31/19 Currency: USD Service Level 11/1/18 10/31/19 Premium Begin 11/1/18 Mths Qty Mth Cost 12 1 $112.35 Subtotal for Site Number 00268722 End Service Level 10/31/19 Premium 11/1/18 10/31/19 Premium Begin 11/1/18 Mths 12 Qty Mth Cost 1 $91.88 12 1 $91.88 Subtotal for Site Number 50010869 End Service Level 11/30/18 Premium Mths Qty Mth Cost 1 1 $500.00 Subtotal for Site Number Billing Total Cost $1,348.20 $41,064.00 Total Cost $1,102.56 $1,102.56 $2,205.12 Total Cost $500.00 $500.00 Grand Total Excluding Tax $259,661.48 Page 4 of 4 HEXAGON SAFETY & INFRASTRUCTURE MAINTENANCE RENEWAL POLICIES LATE RENEWAJ. If your maintenance renewal is not received prior to the performance period begin date, in addition to any reinstatement fees that may be charged as described below, maintenance services for the new coverage period may be terminated or suspended by Intergraph Corporation d/b/a Hexagon Safety & Infrastructure. This includes your ability to access system support or the knowledge base, and the ability to log or check support requests. Therefore it is important that you do not delay in renewing your maintenance service contract. REINSTATEMENT FEE FOR LAPSE IN HEXAGON MAINTENANCE COVERAGE Hexagon charges a 25% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. Notwithstanding the foregoing, for all Oracle products there is a 50% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. The reinstatement fee will be calculated and assessed for each month in which there has been a lapse in coverage. The details of this fee may be found in Section 4.1 of the Terms and Conditions. To ensure you are not assessed a reinstatement fee, please return your renewal instructions before the performance period begin date. LICENSE RE -PURCHASE FOR LAPSE IN MICROSOFT SQL SERVER AND BIZTALK MAINTENANCE COVERAGE Hexagon's agreement with Microsoft for reinstating maintenance that has lapsed on Microsoft SQL Server and BizTalk licenses obtained from Hexagon and for which Hexagon provides maintenance and support. Microsoft only allows Hexagon to provide maintenance (including upgrades of the Microsoft products) to you if you provide renewal instructions prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Microsoft license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of SQL Server and/or BizTalk, you are HEXAGON SAFETY & INFRASTRUCTURE required to re -purchase the licenses for the Microsoft products at the then current list price of those products, plus one year of maintenance coverage from the date of re -purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for SQL Server and/or BizTalk. BUSINESS INTELLIGENCE MAINTENANCE BEGINS WITH LICENSE PURCHASE; MAINTENANCE RENEWALS MUST BE RECEIVED BEFORE CURRENT MAINTENANCE TERM EXPIRES Due to constraints related to third -party content in the Business Intelligence suite, the maintenance term must begin when Business Intelligence licenses are purchased. The maintenance must renew, if elected, on the anniversary of the license purchase; therefore, your renewal instructions must be received prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Business Intelligence license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of Business Intelligence, you are required to purchase an upgrade of the Business Intelligence products at a price that is fifty percent (50%) of the then current list price, plus one year of maintenance coverage from the date of the upgrade purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for the Business Intelligence products. CHARGES ARE PAYABLE ANNUALLY AND IN ADVANCE Hexagon's payment terms are annual, in advance, for maintenance service contracts. If you wish to instead pay quarterly in advance, please request a revised quotation. A convenience fee of 15% will be added to contracts with quarterly payment schedules instead of annual. The convenience fee will be prorated across the four quarterly invoices. May 25, 2016 A HEXAGON SAFETY '&INFRASTRUCTURE Hexagon Safety & Infrastructure U.S. Maintenance Terms and Conditions for Software for Corpus Christi Texas This document ("Terms and Conditions") and the Quote to which these Terms and Conditions are attached set forth the terms and conditions for the maintenance of software and related support services by Intergraph Corporation doing business as Hexagon Safety & Infrastructure ("Hexagon") for Customer. 1. DEFINITIONS 1.1. "Affiliate" means any entity or person controlled by or under common control of Hexagon. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Hexagon is as well deemed an Affiliate of any other Affiliate of Hexagon; also Hexagon is an Affiliate of any of its Affiliates. 1.2. "Agreement" means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein. 1.3. "Coverage Period" means the period of performance set forth in the Quote. 1.4. "Covered Products" means the software listed on the Quote for which Services are to be provided to Customer by Hexagon. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software. 1.5. "Customer" means the entity or person purchasing Services. 1.6. "Quote" means a quotation for Services submitted to Customer by Hexagon or an authorized Hexagon partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Hexagon, according to, Section 3.2 and/or Section 12.1. 1.7. "Services" means the maintenance and support services for Covered Products that are further described in the Agreement. 1.8. "Software Product" includes Hexagon's or Hexagon's Affiliate's computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and "online" or electronic documentation, all copies, and any Updates of such Software Products. Software Products are subject to all of the terms and conditions of the End -User License Agreement ("EULA") provided with the Software Product. 1.9. "Third Party Software" means computer software or other technology in which any person or entity, other than Hexagon or Hexagon's Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) Page 1 of 14 applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the third party's software license or similar agreement ("SLA") provided with the Third Party Software. 1.10. "Update(s)" means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer's current version of the Covered Products. 1.11. "Upgrade(s)" means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products. 2. AUTHORIZATION OF SERVICES By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote; (c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a Quote, Customer authorizes Hexagon to provide the Services for Covered Products during the Coverage Period in accordance with the Agreement. The Services will be provided by Hexagon in accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become binding and effective upon the written acceptance by Hexagon or the first delivery of the Services set forth in the Quote, whichever is earlier. 3. TERM 3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only. 3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Hexagon will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Hexagon, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests. 4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE 4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the "Renewal Coverage Period") shall begin on the first day after the expiration or termination of the last paid -in -full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Hexagon will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then -current month. Page 2 of 14 4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased. 5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS Services described in this Section apply to Software Products only. Services for Third Party Software are set forth in Section 10. Hexagon offers two levels of Services for Software Products included in the Covered Products: Standard Support and Premium Support. Under both levels of Services, Hexagon shall provide reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide general advice as to the use of the Software Products included in the Covered Products. The level of Services will be set forth on the Quote and will include the following: 5.1. Standard Support: Standard Support will include and be limited to the following: 5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Hexagon's Customer Support Web Site where available at https://support.hexagonsafetyinfrastructure.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM — 5PM at Customer's local time, excluding Hexagon -observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer's local Hexagon office. 5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Hexagon will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the "Support Notices and Announcements" section on the Customer Support Web Site or applicable local support website or via direct notification by Hexagon. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Hexagon. Updates are shipped to Customer upon Customer request. Hexagon is not obligated to produce any Updates. 5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem Knowledge Base, an on-line self-help tool. 5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning production is down), then phone support is also available after-hours and on Hexagon -observed holidays. Hexagon may not provide both levels of support for all Software Products in all countries. Customer may choose any level of Services offered, however all Software Products included in the Covered Products under the Agreement must have the same level of Services when available. Page 3 of 14 Services are only available for the current version and the one version prior to the current version of a particular Software Product. Services are limited to the specific Software Products listed on the Quote and functioning on the appropriate Hexagon -supported operating system. 6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER'S OBLIGATIONS Performance of Services by Hexagon is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (collectively, minimum system requirements and customer obligations hereinafter referred to as "Customer Obligations"): 6.1. Customer's hardware and operating system software must meet the minimum system requirements specified by Hexagon and made available to Customer upon request. 6.2. Customer's system must have input and output devices that enable the use of Hexagon's diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Hexagon upon request. 6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products. 6.4. Customer will ensure availability of its own system technical support personnel so that Hexagon can fulfill its Service obligations. 6.5. When reporting problems to Hexagon's Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Hexagon to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed. 6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Hexagon through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Hexagon. 6.7. Customer is solely responsible for assuring the compatibility of non -Hexagon products with products provided by Hexagon. 6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Hexagon will not be liable for lost data. In addition, Customer shall provide for any other requirements reasonably specified by Hexagon and related to the rendition of the Services to be met. If Customer fails to fulfill its Customer Obligations, Hexagon is entitled to bill Hexagon's time and effort made necessary by Customer's failure at Hexagon's currently stated hourly rates. 7. EXCLUDED SOFTWARE SERVICES Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively "Excluded Services"): 7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration 7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System -level tuning and optimization and system administration support 7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in accordance with Section 8 Page 4 of 14 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of Services 7.10. Services required due to modifications of Covered Products by Customer. In the case of Hexagon software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products 7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer's disregard of the installation and operating instructions according to the documentation provided with the Covered Products 7.12. Services required due to failure of software or hardware not supplied by Hexagon and not covered in the Agreement 7.13. Services required due to Customer's use of hardware or software that does not meet Hexagon specifications or failure of Customer to maintain or perform industry standard maintenance on Customer's hardware or software 7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Hexagon, or used with peripherals, operational equipment or accessories not conforming to Hexagon's specifications 7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Hexagon's fault. 7.16. Services required due to customer's failure to fulfill the Customer Obligations set forth in Section 6 7.17. Services required due to faulty or incomplete Customer data. When ordered by Customer, Excluded Services or other software maintenance support services that are outside the scope of this Agreement will be billed by Hexagon according to the stated hourly rates and material prices in effect at the time such service is performed. 8. SYSTEM SUPPORT TECHNICIAN 8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services ("Authorized Contacts"). 8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Hexagon to handle them efficiently. Authorized Contacts must have successfully completed Hexagon product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer's operating system, network, and hardware and software systems. Customer agrees to promptly notify Hexagon of any replacement of an Authorized Contact. 9. REMOTE ACCESS Customer will permit Hexagon to electronically access Customer's system via SecureLinkTM SecureLinkTM is a tool for providing secure, auditable remote access to Customer's system in order for Hexagon support personnel ("Customer Support") to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. The Authorized Contacts should be available to assist Hexagon Customer Support as needed during this entire process. Customer Support will only access Customer's system with the knowledge and consent of Customer. For local variances specific Page 5 of 14 to the use of remote access tools other than SecureLinkTM, Customer should contact the local Hexagon support office. 10. THIRD PARTY SOFTWARE Support and Updates of Third Party Software shall be provided in the fashion and to the extent or duration that Hexagon is authorized to provide such by the third party manufacturer of the Third Party Software, and such Third Party Software Services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software. Services and Updates for any Third Party Software that are not listed on the Quote must be obtained from the third party owner of the products or their designated representative. 11. REQUIRED COVERAGE 11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2. 11.2. Prerequisite Licenses. All prerequisite Hexagon software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote. 12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS 12.1. Additions of Covered Products to Maintenance. 12.1.1. Additional Software Products from Hexagon. In the event Customer purchases additional licenses of Software Products from Hexagon during the term of this Agreement, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement. 12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Hexagon in writing about the newly acquired Software Products, and upon receipt of such notice, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Hexagon may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement. 12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote. 12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the Page 6 of 14 then -current Hexagon Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product. 12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Hexagon on a "Software Relinquishment Agreement" that the copies of the Covered Product for which Customer desires to cease Services (the "Relinquished Licenses") for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re -purchase the licenses at the then current list price. 13. PAYMENT 13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice. 13.2 Past Due Accounts. HEXAGON RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Hexagon, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (iii) under any agreement between Hexagon and Customer's parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Hexagon shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Hexagon is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency's fees, reasonable attorneys' fees and court costs. 13.3 Customer's Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Hexagon within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period. Page 7 of 14 14. CUSTOMER WARRANTIES During the Coverage Period, Customer shall commit to the following: 14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Hexagon so that Hexagon may issue a revised Quote to Customer. 14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote. 14.3. Customer shall, and Customer shall cause each of Customer's employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement. 15. INTELLECTUAL PROPERTY 15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Hexagon, Hexagon's Affiliate or applicable third party, and are licensed in accordance with the then current Hexagon EULA, EULA of Hexagon's Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer's request, Hexagon shall provide customer with such EULA or SLA. Upon Hexagon's request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA. 15.2. Confidential Information. Hexagon and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement "Confidential Information" shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. Confidential Information also shall include, whether or not designated "Confidential Information" (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Hexagon or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers. Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Hexagon shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature. The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it, generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such Page 8 of 14 information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body produced by court order or subpoena,or in compliance with the Texas Public Information Act provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS 16.1. Limited Warranties. 16.1.1. Hexagon Services Warranty. Hexagon warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Hexagon of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement. 16.1.2. Hexagon Software Warranty. Hexagon warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Hexagon Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products. 16.1.3. Pass -Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer. 16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF HEXAGON. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN HEXAGON WARRANTS THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Hexagon's entire liability and Customer's exclusive remedy shall be, in Hexagon's sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement. Page 9 of 14 Hexagon is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose. 16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY SHARE INFORMATION FROM TIME TO TIME RELATED TO ITS EXPECTED DIRECTION, ROADMAP, OR VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY TIME IN HEXAGON'S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON'S FORMAL AND EXPRESS CONTRACTUAL COMMITMENT TO DELIVER THE SAME. 17. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEXAGON OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IF HEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEXAGON'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO HEXAGON DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN HEXAGON LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. Page 10 of 14 18. TERMINATION This Agreement may only be terminated prior to its expiration in the following ways: 18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party's business. 18.2. Customer fails to pay Hexagon any amount when due (i) under this Agreement; or (ii) under any other agreement between the parties. 18.3. Customer's license to the Covered Products for which Customer has purchased Services is terminated. 19. RESTRICTIONS 19.1. Non -Solicitation of Employees. Customer agrees and shall endeavor not to, without the prior written consent of Hexagon, solicit or hire any Hexagon employee, or induce such employee to leave Hexagon's employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. . Hexagon shall be entitled to equitable or injunctive relief to prevent breaches. For purposes of this Section, the term "employee" means employees of Hexagon and/or any Hexagon subsidiary and/or any of Hexagon's subcontractors who directly support Customer. 19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies. 19.2.1. For civilian agencies: The Covered Product was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with the Federal Acquisition Regulations ("FAR") 52.227-19 (a) through (d) (Commercial Computer Software — Restricted Rights). 19.2.2. For units of the Department of Defense ("DoD"): The Covered Product was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ("DFARS") DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation). 19.2.3. Notice: The Covered Product is "commercial computer software" as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227- 7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Hexagon and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States. Page 11 of 14 19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Hexagon, its subsidiaries or distributors (collectively, "Export Controlled Products") are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.gov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html). 19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place. Any questions regarding export or re-export of an Export Controlled Product should be addressed to Hexagon's Export Compliance Department, 305 Intergraph Way, Madison, Alabama, United States 35758 or at exportcompliance@intergraph.com. 20. TAXES All charges under this Agreement are exclusive of each and every country's federal, provincial, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees ("Taxes"). Customer shall be liable for, and hold Hexagon harmless from and against, any and all Taxes. Taxes shall expressly exclude any federal, state, municipal, or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Hexagon's income, capital and/or assets. The total invoice amount for charges under this Agreement is subject to increase by the amount of any Taxes which Hexagon is required to withhold, collect, or pay regarding the transactions under this Agreement so that Hexagon receives the full amount of the charges on Hexagon's invoices. Any certificate to exempt the Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer's expense. 21. GENERAL 21.1. Third Party Providers. Hexagon reserves the right to provide Services through a third party provider. 21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Hexagon does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express Page 12 of 14 written consent of Hexagon. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original. 21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Hexagon and Customer, with the latest addendum taking precedence over any earlier addenda; (ii) the Quote; and (iii) these Terms and Conditions. 21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. 21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions. 21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party's right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement. 21.7 Notices. Any notice or other communication ("Notice") required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Hexagon's address for Notices is Hexagon Safety & Infrastructure, 305 Intergraph Way, Madison, Alabama 35758, Attn: Legal Department, 256-730-2333. 21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Hexagon may assign its rights and obligations under this Agreement, without Customer's approval, to (i) an entity which acquires all or substantially all of the assets of Hexagon or the Hexagon division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Hexagon. Any attempt by Customer to sublicense, assign or transfer any of Customer's rights or obligations under this Agreement, except as expressly provided in this Agreement, is void. 21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure. 21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal Page 13 of 14 action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 21.11 Waiver of Jury Trial. Hexagon and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement. 21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Hexagon for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Hexagon will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Hexagon has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together. 21.13 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer's convenience only. 21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination. SGI-10012015 Page 14 of 14 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: 2017-272128 Date Filed: 10/13/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Intergraph Corporation dba Hexagon Safety and Infrastructure Madison, AL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Corpus Christi TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1407 Software Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daniel, Taylor Madison, AL United States X 5 Check only if there is NO Interested Party. 6 AFFIDA;a' \ ROfie oz !•*, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. O OD IP i' � r• ` vS, :, + Si! nature of authorized agent of contracting business entity AFFIXab I;J-� ABOVE Sworn to and subs d before me, by the said c. 0—,,h � .� , this the 1 J' day of C)CAp , 20 ) .1 to certify which, witness my hand and seal of o ice. RGm C� C3�r fry.r KC..\_VisyN,, Signature of ofli r d ,inistering oath Printed name of officer administering oath Title of officer ad inisf ing oath ONJA Q_OCIMv ic✓A-€ i� a`-1 iki 1 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 November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 DATE: TO: October 18, 2017 Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology BMercado(c�cctexas.com (361) 826-3732 William J. Green, P.E., Interim Director, Development Services BiIIGcctexas.com (361) 826-3268 Software Maintenance Agreements for Utilities and Development Services for One year not -to -exceed $137,547.65 CAPTION: Motion authorizing the City Manager, or designee, to execute three one-year software maintenance and hosting agreements, effective September 29, 2017, with Bentley Systems, Inc. of Exton, Pennsylvania, for electronic plan review ($60,000), wastewater line modeling and project scheduling ($23,547.65), and customization support ($54,000) for a total amount not to exceed $137,547.65. PURPOSE: Continue to provide support on Bentley products for infrastructure management and electronic plan review for Utilities and Development Services. BACKGROUND AND FINDINGS: The City has been a user of Bentley products for over 10 years. In addition to the core products in use by Utilities and Development Services, an additional electronic plan review function was added with Bentley. This support maintenance agreement is for all Bentley products in use by the City. Bentley has provided this type of service for other municipalities throughout the country. This Bentley software is being purchased through the General Services Administration (GSA). The software is listed on an approved GSA Schedule and the City has an existing SELECT Program Agreement with Bentley Systems, Inc. (CLA No. 14576635) for software support that is utilized by Utilities and Development Services Departments. ALTERNATIVES: Begin to research vendors and consider moving to different products. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and State statutes regulating procurements. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Municipal Information Technology Department Development Services Department Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $137,547.65 $0.00 $137,547.65 Encumbered / Expended Amount $0.00 $0.00 This item $137,547.65 $0.00 $137,547.65 BALANCE $0.00 $0.00 $0.00 Fund(s): Development Services Fund & Utilities Funds Comments: The contract term total is $137,547.65 and will be funded by Utilities and Development Services Fund in FY 2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented LIST OF SUPPORTING DOCUMENTS: Bentley Systems, Inc. Proposals np Benttey® 07 August 2017 Advancing Infrastructure City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI TX 78401-2120 USA Tel No: +1 (3618571800) Dear Sir/Madam, Renewal Advice Summary SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943388 1003011508 01 September 2017 1/5 Our records show that your current Bentley SELECT Agreement is due for renewal on 29 September 2017. We are very pleased that you have chosen Bentley as your technology partner and trust you have enjoyed the benefits of the program. We look forward to strengthening our relationship with your organization and continuing to sustain the productivity of your people, software and information. Subscription Period: 29 September 2017 - 28 September 2018 Billing Frequency: Annual Payment Terms: Net 30 Days Annual Renewal Total: 23,547.65** Currency: USD Please bill against PO N# Purchase Order is not required. We will accept Bentley's invoice on the basis of this signed quote. If you would like us to bill this quote against a Purchase Order, please indicate the purchase order number below and attach a copy with your acceptance of this quote. Any additional or different terms or conditions appearing on your purchase order, even if Bentley acknowledges such terms and conditions, shall not be binding on the parties unless both parties agree in a separate written agreement. (Subscriber's Signature) (Subscriber's Name) (Title) (Date) **Prices shown on this quotation are excluding taxes. Applicable taxes will be included on invoices. Pricing is only applicable to the products and quantities contained within this quote and may not be applied to a subset of the quotation. If you are a SELECT Subscriber, the terms of your SELECT Program Agreement shall apply to any purchases made pursuant to this quote. Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com Benttey Advancing Infrastructure Infrastructure Renewal Advice Summary SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943388 1003011508 01 September 2017 2/5 Bentley's Support for ProjectWise Thank you for being a loyal ProjectWise user. Please take the time to read this document as we highlight our continued commitment in providing you with the highest quality product and services. In response to increasing demand from our users, Bentley continues to add improvements to ProjectWise. Most recently, Bentley introduced ProjectWise CONNECT Edition. This new generation of ProjectWise offers hybrid cloud services enabling you to collaborate with your supply chain, support office -site -field mobile workflows as well as reduce IT costs with Bentley cloud provision services. As you may have recognized in your attached Renewal Advice Summary, we have implemented changes in ProjectWise pricing. This is our first server price increase since November 2008 and is driven by the additional costs associated with these new ProjectWise services. ProjectWise continues to be the undisputed leader in the field, and we urge you to take full advantage of the new capabilities available with ProjectWise CONNECT Edition. However, while many software vendors force you to upgrade to a new software generation, Bentley believes that you should transition from ProjectWise V8i (your current software generation) to ProjectWise CONNECT Edition on your terms and your timeline. To that end, we wanted to set the record straight on Bentleys position regarding our support for ProjectWise V8i and our services to help you with this transition. 1. We will continue to add new capabilities to V8i, such as we did over the past year when we added: a. b. c. d. Geospatial management Specification management Enhanced automated publishing of i -models and PDFs New and enhanced mobile apps, such as ProjectWise WorkSite, Navigator Mobile and significant updates to ProjectWise Explorer Mobile 2. We will continue to support the latest engineering applications for design worksharing in V8i. This has been and will continue to be a primary value proposition for ProjectWise. For instance: a. b. c. Support for Autodesk 2017 product lines # such as AutoCAD, CiviI3D, and Revit Support for Microsoft Office 2016 / 365 Support for the latest Adobe Creative Suite, specifically targeting new releases of InDesign 3. We will support the latest desktop and server operating systems and databases in future V8i updates. For instance: a. Windows 10 desktop b. Windows 2012 R2 server c. Oracle and Microsoft databases, such as Oracle 12G and SQL 2014 4. As you transition to ProjectWise CONNECT Edition (and Cloud Services Subscription), we will support a hybrid CONNECT Edition / V8i environment giving you the flexibility to choose how to best deploy based on your needs. For instance: a. You may decide to run ProjectWise CONNECT Edition servers to provide project analytics to your team without having to upgrade your ProjectWise Explorer V8i desktop software. b. You may decide to have Bentley host ProjectWise data sources in our Azure cloud, but still maintain your on -premise V8i configuration. 5. Once you transition to the new Cloud Service Subscription commercial model, your V8i software is ready to access new cloud services, compute resources and hosting services. For instance: a. New cloud services: Our new Project Sharing, Project Performance Dashboards, Issue Resolution and File Sharing services with storage included. b. Cloud Provisioned: Providing an option for Bentley to host and manage your ProjectWise deployment with embedded backup and network security services. Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com Benttey 440 Advancing Infrastructure Aduancin Infrastructure Renewal Advice Summary SELECT Agreement: 14576635 RAS Number: 40943388 Customer ID: 1003011508 Expiration Date: 01 September 2017 Pages: 3 / 5 c. Security: Our ProjectWise hosted services are ISO27001 compliant and here is a link to the trust center: https://www.bentley.com/en/trust-center. 6. Finally, we have User Advantage Programs (for both V8i and CONNECT Edition) designed to help you and your project teams accelerate their time to value and achieve higher levels of performance as rapidly as possible. a. Support: As with all applications, we encourage you to utilize our support services where you can interact with other users, get questions answered, explore new workflows, access learning resources, or get software issues resolved. Also, take advantage of a Personal Portal, your one stop hub for application support and your access point to download software from Bentley. To learn more visit: https://www.bentley.com/Support/Help-with-Products/Support-Services b. Quick Starts: A program designed to provide you with a complete and thorough understanding of new capabilities and services offered. Meet with industry experts who will analyze your current use of ProjectWise and demonstrate how you can optimize your use of ProjectWise, adopt new services that meet your business challenges and pilot these new capabilities to ensure the best outcomes. c. Success Plan: This program offers premium levels of service and support where our solution experts will work with you to achieve agreed business outcomes. Success Plans vary in size and scope to meet your needs and can help with any configuration requirement, including security and rights management, i -model automation, and plotting and publishing frameworks. Your Success Plan guarantees access to Bentley experts and performance consultants who provide an annual health check and performance assessments. As you can see, we have added significant value to ProjectWise (independent of which generation you hold). To that end, we reviewed our pricing structure and determined an adjustment is needed resulting in a price increase of 33% of our V8i servers and passports, along with revised passport reporting based on actual usage. With these changes we can maintain the same level of quality you expect, while providing the new innovation and support you deserve. If you would like to move to a model, where you have unlimited server usage and only pay for actual usage, we encourage you to contact your account manager to transition to a Cloud Services Subscription. To learn more, please visit: Cloud Services Subscription: https://www.bentley.com/en/subscriptions/cloud-services-subscription/cloud-services-subscription ProjectWise: www.projectwise.com Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com Benttey 411. Advancing Infrastructure Advancing Infrastructure Bill -to: City of Corpus Christi Accounts Payable PO Box 9277 CORPUS CHRISTI TX 78469-9277 USA Site: Site: Renewal Advice Summary SELECT Agreement: 14576635 RAS Number: 40943388 Customer ID: 1003011508 Expiration Date: 01 September 2017 Pages: 4 / 5 Tel No: Fax No: +1 (512) 880-3532 +1 (512) 880-3520 000071436 City of Corpus Christi , 2726 Holly Rd CORPUS CHRISTI , TX 78415-4112 , USA Part No Description Quantity Unit Pricing Discount Total 3121 Bentley SewerGEMS Unlimited Pipes Sub 1 6,875.00 -343.75 6,531.25 Site Total: 6,531.25 Annual Amount Due: 6,531.25 Currency USD 004088922 City of Corpus Christi , 2406 Leopard St CORPUS CHRISTI , TX 78401 , USA Part No Description Quantity Unit Pricing Discount Total 3722 Bentley CONNECTIONS Passport - Annual 61 128.00 -6.40 7,417.60 2482 eB Information Manager SELECT Sub 1 6,942.00 -347.10 6,594.90 1949 ProjectWise InterPlot Server SELECT Sub 1 848.00 -42.40 805.60 8005 eB QuickLinks SELECT Subscription 1 2,314.00 -115.70 2,198.30 Site Total: 17,016.40 Annual Amount Due: 17,016.40 Currency USD Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com ...A Advancing Infrastructure Bentley Renewal Advice Summary SELECT Agreement: 14576635 RAS Number: 40943388 Customer ID: 1003011508 Expiration Date: 01 September 2017 Pages: 5 / 5 In accordance with the terms and conditions of your SELECT Program Agreement, we will be sending you an invoice for the next term of your contract as per the attached Renewal Quote. If your organization has a requirement to issue a Purchase Order, please use the attached Renewal Quote 40943388 as your reference. Please ensure you review the detailed listing of all your products and submit your PO promptly to Bentley Systems, Incorporated by 29 August 2017. This will ensure your Bentley SELECT services continue without interruption. Please contact your Bentley Sales Representative if you wish to review or discuss any aspect of this Renewal Quote. The Bentley SELECT subscription program continues to deliver the most comprehensive investment protection program for your Bentley software, your team and the information they create. Renewal of Bentley SELECT (http://www.bentley.com/en-US/Subscriptions/Bentley+SELECT/) will ensure continuity of the following benefits: ['Flexible Licensing Options, including portfolio balancing and pooled licensing 324/7/365 Support ['Anytime Software Upgrades, to name a few Your Bentley SELECT Agreement is our commitment to continue to provide you and your organization with the highest levels of service. As an immediate benefit to you, we will be upgrading your SELECTserver to the latest version that will help you with better management of your Bentley assets. For details on the upgrade process, please click here. Please do not hesitate to contact your Sales representative, Matt Murphy or a Bentley representative here if you have any inquiries or require any assistance. We look forward to continuing our mutually beneficial relationship for many years to come!! Yours truly, Matt Murphy Tel: +1 (610) 458-5000 Fax: E-mail: MATT.MURPHY@BENTLEY.COM Export Control: You acknowledge that these commodities, technology or software are subject to the export control laws, rules, regulations, restrictions and national security controls of the United States and other agencies or authorities based outside of the United States (the "Export Controls"). You must not export, re-export or transfer, whether directly or indirectly, the commodities, technology or software, or any portion thereof, or any system containing such commodities, technology or software or portion thereof, without first complying strictly and fully with all Export Controls that may be imposed on them. The countries subject to restriction by action of the United States Government or any other governmental agency or authority based outside of the United States, are subject to change, and it is your responsibility to comply with the applicable United States Government requirements, or those of any other governmental agency or authority based outside of the United States, as they may be amended from time to time. For additional information, see http://www.bis.doc.gov Bentley is subject to the United States Department of the Treasury Office of Foreign Assets Control (OFAC) Sanctions Programs regulations. Those regulations require Bentley not engage in transactions (1) with designated persons and entities set forth on OFAC's Specially Designated Nationals List ("SDN List"), see http://www.treasury.gov/ofac/downloads/ctrylst.txt , or (2) where a customer intends to finance a purchase of Bentley software and/or technology through new debt or equity by or for entities identified on OFAC's Sectoral Sanctions Identifications List ("SSI List"), see http://www.treasury.gov/ofac/downloads/ssi/ssi_ctrylst.txt. Accordingly, Bentley will not engage in such transactions. Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com %Bentley® Renewal Advice Summary Advancing Infrastructure SELECT Agreement: 14576635 RAS Number: 40943389 13 September 2017 Customer ID: 1000071436 Expiration Date: 01 September 2017 City of Corpus Christi Pages: 1 / 3 Wastewater Department 2726 Holly Rd CORPUS CHRISTI TX 78415-4112 USA Tel No: +1 (512) 880-3532 Dear Sir/Madam, Our records show that your current Bentley SELECT Agreement is due for renewal on 29 September 2017. We are very pleased that you have chosen Bentley as your technology partner and trust you have enjoyed the benefits of the program. We look forward to strengthening our relationship with your organization and continuing to sustain the productivity of your people, software and information. Subscription Period: 29 September 2017 - 28 September 2018 Billing Frequency: Annual Payment Terms: Net 30 Days Annual Renewal Total: 60,000.00** Currency: USD Please bill against PO N# Purchase Order is not required. We will accept Bentley's invoice on the basis of this signed quote. If you would like us to bill this quote against a Purchase Order, please indicate the purchase order number below and attach a copy with your acceptance of this quote. Any additional or different terms or conditions appearing on your purchase order, even if Bentley acknowledges such terms and conditions, shall not be binding on the parties unless both parties agree in a separate written agreement. (Subscriber's Signature) (Subscriber's Name) (Title) (Date) **Prices shown on this quotation are excluding taxes. Applicable taxes will be included on invoices. Pricing is only applicable to the products and quantities contained within this quote and may not be applied to a subset of the quotation. If you are a SELECT Subscriber, the terms of your SELECT Program Agreement shall apply to any purchases made pursuant to this quote. Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com Benttey imp Advancing Advancing Infrastructure Bill -to: City of Corpus Christi Accounts Payable PO Box 9277 CORPUS CHRISTI TX 78469-9277 USA Site: Renewal Advice Summary SELECT Agreement: 14576635 RAS Number: 40943389 Customer ID: 1000071436 Expiration Date: 01 September 2017 Pages: 2 / 3 Tel No: Fax No: +1 (512) 880-3532 +1 (512) 880-3520 1004088922 City of Corpus Christi , 2406 Leopard St CORPUS CHRISTI , TX 78401 , USA Part No Descri •tion Quantit Unit Pricin • Discount Total 1419 eB MANAGEservices 1 60,000.00 60,000.00 Site Total: 60,000.00 Annual Amount Due: 60,000.00 Currenc USD Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com ...A Advancing Infrastructure Bentley Renewal Advice Summary SELECT Agreement: 14576635 RAS Number: 40943389 Customer ID: 1000071436 Expiration Date: 01 September 2017 Pages: 3 / 3 In accordance with the terms and conditions of your SELECT Program Agreement, we will be sending you an invoice for the next term of your contract as per the attached Renewal Quote. If your organization has a requirement to issue a Purchase Order, please use the attached Renewal Quote 40943389 as your reference. Please ensure you review the detailed listing of all your products and submit your PO promptly to Bentley Systems, Incorporated by 29 August 2017. This will ensure your Bentley SELECT services continue without interruption. Please contact your Bentley Sales Representative if you wish to review or discuss any aspect of this Renewal Quote. The Bentley SELECT subscription program continues to deliver the most comprehensive investment protection program for your Bentley software, your team and the information they create. Renewal of Bentley SELECT (http://www.bentley.com/en-US/Subscriptions/Bentley+SELECT/) will ensure continuity of the following benefits: ['Flexible Licensing Options, including portfolio balancing and pooled licensing 324/7/365 Support ['Anytime Software Upgrades, to name a few Your Bentley SELECT Agreement is our commitment to continue to provide you and your organization with the highest levels of service. As an immediate benefit to you, we will be upgrading your SELECTserver to the latest version that will help you with better management of your Bentley assets. For details on the upgrade process, please click here. Please do not hesitate to contact your Sales representative, Matt Murphy or a Bentley representative here if you have any inquiries or require any assistance. We look forward to continuing our mutually beneficial relationship for many years to come!! Yours truly, Matt Murphy Tel: +1 (610) 458-5000 Fax: E-mail: MATT.MURPHY@BENTLEY.COM Export Control: You acknowledge that these commodities, technology or software are subject to the export control laws, rules, regulations, restrictions and national security controls of the United States and other agencies or authorities based outside of the United States (the "Export Controls"). You must not export, re-export or transfer, whether directly or indirectly, the commodities, technology or software, or any portion thereof, or any system containing such commodities, technology or software or portion thereof, without first complying strictly and fully with all Export Controls that may be imposed on them. The countries subject to restriction by action of the United States Government or any other governmental agency or authority based outside of the United States, are subject to change, and it is your responsibility to comply with the applicable United States Government requirements, or those of any other governmental agency or authority based outside of the United States, as they may be amended from time to time. For additional information, see http://www.bis.doc.gov Bentley is subject to the United States Department of the Treasury Office of Foreign Assets Control (OFAC) Sanctions Programs regulations. Those regulations require Bentley not engage in transactions (1) with designated persons and entities set forth on OFAC's Specially Designated Nationals List ("SDN List"), see http://www.treasury.gov/ofac/downloads/ctrylst.txt , or (2) where a customer intends to finance a purchase of Bentley software and/or technology through new debt or equity by or for entities identified on OFAC's Sectoral Sanctions Identifications List ("SSI List"), see http://www.treasury.gov/ofac/downloads/ssi/ssi_ctrylst.txt. Accordingly, Bentley will not engage in such transactions. Bentley Systems, Incorporated 685 Stockton Drive, Exton, PA 19341 Phone: 1 800 513 5103 Fax: +1 (610) 458 2779 Website: www.bentley.com E-mail: bac@bentley.com 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: 2017-279554 Date Filed: 11/02/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bentley Systems, Incorporated Exton, PA 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. XXX eB EPR Customization Maintenance 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hollister, David Exton, PA United States X Singh, Bhupinder Exton, PA United States X Griswold, Kirk Exton, PA United States X Bentley, Raymond Exton, PA United States X Bentley, Gregory Exton, PA United States X Bentley, Barry Exton, PA United States X Bentley, Keith Exton, PA 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. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Mariel Elizabeth Quigley, Notary Public Uwchlan Twp., Chester County My Commission Expires June 2, 2021 I 7 )(3./\_____ AFFIX Sworn 20 MEMBER, PENNSYLVANIAASSOCIATION OF NOTARIES Signature of authorized agent of contracting business entity NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the saidV t(,1 � �titi�✓\ , this the � day of Novi �n e e b L-1 , to certify which, witness my hand and seal of office. I11�t4&tEL C1 + 2v'3c►H Gc�t61 NO LT-(�,,:b1� � [ti. 11 ( i � cam- � Signature of ofr administering oath v 1 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 seirr2tie Proposal For eB EPR Customization Maintenance Prepared For City of Corpus Christi October 31, 2017 Benttey® Sustaining Infrastructure 685 Stockton Drive • Exton PA • 19341 • 1 -800 -BENTLEY • +1 610-458-5000 October 31, 2017 City of Corpus Christi Belinda Mercado Information Technology Director 1201 Leopard St Corpus Christi, TX 78401-2825 Subject: Proposal for eB EPR Customization Maintenance Dear Belinda: www.bentley.com Bentley Systems, Incorporated (Bentley) is pleased to provide City of Corpus Christi with this proposal to maintain Bentley's customization deliverable(s). Detailed scheduling and resource assignment cannot be made before receipt and acceptance of a signed Purchase Order referencing this proposal. The consulting services are offered on an annual subscription basis. Bentley has an excellent history of client satisfaction and in this regard we view City of Corpus Christi success as our success. If you need additional information or would like to discuss anything contained in this document, please feel free to contact me. Sincerely, Becky Horsfall, Account Manager Becky.Horsfall@bentley.com Mobile: 512-784-5816 Bentley Systems, Inc. Bentley Opportunity: 30481771 October, 2017 2 Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) 1. Executive Summary The City of Corpus Christi has been implementing a new Permitting System (INFOR) for almost two years, one component of this system is Bentley Electronic Plan Review (EPR) system based on our AssetWise eB technology. The current Bentley EPR has been deployed in a cloud -based environment under a MaaS Agreement; however, during the procurement process for the acquisition, no provision to support any eventual customization was sought or provided. During the implementation, several customizations were developed by Bentley AW PS team (see body of the Proposal). This has created a gap in terms of what Bentley can support for the EPR system. While all platform issues are covered by SELECT, the customizations are not currently covered by any agreement or contract. Bentley and the City explored three levels of support for the Customization. • Time and Materials • Annual Support and Maintenance (ASM) • Success Plan The City has determined that the ASM was the best option for their situation. This proposal details what will be covered and other terms and conditions related to the services offered. If accepted, the resulting Agreement will allow our consultants to assist them with technical issues, bugs or defects that may affect the custom code Bentley developed for the City. A critical step in securing the continuity of service by the City's Development Services Department. Here is a list of benefits that this agreement will render to the City: • Remove risk by ensuring continuity of the EPR service to the Development community and residents • Speed the assessment and fixing of any bugs or defects, by avoiding the standard problem assessment, quotation, proposal, approval and procurement by the City • Provide a contractual vehicle to both the City and Bentley to secure the terms and conditions of for assistance. We are looking forward for this Agreement to ensure the City's EPR continuity of Service. October 31, 2017 3 www.bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Buildi 2. Description of Services Bentley Professional Services has delivered integrations and enhancements (hereafter referred to as "Custom Solution") for City of Corpus Christi ("CoCC") as a deliverable of the Electronic Plan Review P001849 project. This Custom Solution is not part of Bentley's commercial off-the-shelf AssetWise/eB product so it is not covered under your existing Bentley SELECT Agreement. This agreement defines the level of support and software maintenance Bentley will provide City of Corpus Christi for this Custom Solution. 2.1 Maintenance Services This support and maintenance agreement for the Custom Solution includes: • By City of Corpus Christi, reporting of any Customized Solution issue via Bentley's helpdesk • By Bentley, for any issue of which the cause is to be found in the customizations: o Response and resolution to the critical (P1) issues o Up to two scheduled builds per year to resolve confirmed and agreed upon priority P2 and P3 issues • Note: for an issue of which the root cause is found in the commercial off-the-shelf product and not in the Customized Solution, the normal SELECT process will be followed through Bentley's Helpdesk and Product Management. Quarterly Management meetings will take place to review the status of the project. 2.2 Custom Solution Definition This maintenance agreement for the Custom Solution covers only the customizations listed or referenced in this section. The set of customizations described in this section are referred to as the Custom Solution in the rest of this agreement. • Infor Integration - Web Service and eB Engine integration to perform asynchronous communication between eB and Infor systems. • Integrated Portal - Front end for internal and external City Users to upload files into eB based on information passed in by Infor. The site requires receiving the correct encrypted input from Infor. • Correction Letter - eB Engine that gathers and formats the Correction Letter information, creates a PDF file and attaches it to the eB document. • Laserfiche Integration - Web Service for exporting requested data (XML file and eB files) for consumption by City of Corpus Christi's Laserfiche system. 2.2.1 Operating Environment The Custom Solution will be supported on the operating environment described in this section. Issues that are caused by using Custom Solution in a different environment will be out of scope of this agreement. • Production Environment in Bentley Managed Services • Quality Assurance Environment in Bentley Managed Services October 31, 2017 4 www.bentley.com Bentley® Sustaining Infrastructure Transit Communications Land Development Power Generation Cadastre Mining Buildi 2.3 Issue Reporting Customized Solution issues discovered by City of Corpus Christi must be reported to Bentley via Bentley's Service Ticket Manager via the following link: https://www.bentley.com/en/support The Service Ticket must include a description of the issue which is relevant and be as detailed as possible. The following information will be required when logging a Service Ticket: • Summary of the issue • Issue priority: P1, P2, P3, or P4 • Environment: QA or Production • Version number of the standard application • Detailed description. Provide all information necessary to reproduce the issue. Include the following details: o Describe the issue. If the Customized Solution shows an error message, please provide the error message text and number. o Define the impact to your work. Is this a production failure or something you can work around? o Document the steps to reproduce the issue. o Include other important details, like the system name, web URL, user logged in, data sets used, screen shots, etc. Bentley will review each service ticket and may contact the user for clarifications, reproduce the issue, to suggest a work around or to agree upon a different issue priority. Bentley and City of Corpus Christi must agree on issue priority before work can commence. 2.4 Issue Priority Classification Bentley will, in consultation with the user(s) responsible for reporting incidents, classify each reported, verifiable and reproducible incident per Table 1 below and use commercially reasonable efforts to resolve such incidents in accordance with the targets specified below. Table 1— Priority Classification Name Classific Description Example ation y Critical An incident that has or is likely to have a major impact on users' ability to maintain business operation. The incident results in any outage or loss of any key functionality of a critical application or service. The incident affects multiple locations, or all users in one (1) location. Users at multiple sites cannot access the system and no workaround exists. Priority 2 (P2) High Incident which impairs the users' ability to maintain business operation causing a severe degradation of service or resulting in some important functionality being unavailable. There is no long term acceptable workaround for the business, however operation can continue in a restricted fashion. The incident results in loss of the "normal" functionality of an application or Users can access system and, while a workaround exists, there is material degradation of functionality or performance October 31, 2017 5 www,bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) Name Classific ation Description Example service for multiple users, but not all, in one (1) or more locations. Priority 3 (P3) Medium Incident which causes a loss of some important functionality. There is an acceptable workaround for the business and operation can continue in a restricted fashion. The incident results in loss of functionality of a "normal" application or service. A non-critical service is not available to some users. Priority 4 (P4) Low Enhancement or incident which has little or no significant impact on the business (low impact & low urgency). Functional change to current Custom Solution behavior. The current behavior varies from user expectations, but the system works as designed. 2.4.1 Response for Critical (P1) Issues Critical (P1) issues will be investigated and solved without waiting for the next scheduled build time (i.e. an off cycle build from the two annual builds). Bentley will use its good faith efforts to resolve critical issues as soon as possible. P1 issues will be deemed highest priority with continuous work by Bentley with regular call series in place with the City until it is resolved or an acceptable workaround is delivered. Resolution of Critical issue may be a workaround or a hot -fix build of the Custom Solution that resolves the issue. 2.4.2 Response for P2 and P3 Issues Bentley will develop and deploy builds with fixes to P2 and P3 issues using a jointly agreed upon schedule (see Section 2.5 Project Deliverables and Acceptance). Prior to the next scheduled release, Bentley and City of Corpus Christi will review the list of open issues and agree to which issues will be included in the build. The goal of each build will be to fix all P2 and P3 issues, but there may be cases where the resolution needed is beyond reasonable effort and/or the user agrees it has little value. In such cases a partial fix, workaround, or no fix at all may be agreed upon. New issues which are reported after the list has been agreed upon will be reviewed for the next scheduled build. It is possible for Bentley and City of Corpus Christi to add a fix for a new issue to the list, but this may delay the build delivery. Once the list is agreed Bentley will create a development plan and will announce a specific release date for the build to be deployed in the QA Environment. If there are no outstanding issues reported before 14 business days of the scheduled build date, the build will not be delivered and any new issues will be scheduled for the next build. October 31, 2017 6 www.bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Develo,ment Mining Buildi 2.5 Project Deliverables and Acceptance Bentley will deliver the following items as a part of this maintenance agreement: Item # Deliverable Description Responsible Role Supporting Role P-1 Custom Solution Build (annual first) Scheduled issue fix with delivery timeframe to be mutually agreed upon by the PMs. Bentley Project Manager (PM) City of Corpus Christi PM P-2 Custom Solution Build (annual second) Scheduled issue fix with delivery timeframe to be mutually agreed upon by PMs. Bentley PM City of Corpus Christi PM P-3 Deliverable Acceptance Form PDF document(s) listing the deliverables and acceptance by the City of Corpus Christi PM Bentley PM City of Corpus Christi PM The City of Corpus Christi Project Manager or identified designee(s) will review and approve deliverables identified in this proposal. The deliverable acceptance process will be as follows: • When complete, Bentley shall submit final deliverables and a copy of a "Deliverable Acceptance Form" to the City of Corpus Christi Project Manager or identified designee(s), who will conduct a review to determine the deliverables' conformance with the agreed upon Custom Solution Build priority list. Upon completion of this review the City of Corpus Christi Project Manager or designee(s) will complete the Deliverable Acceptance Form indicating acceptance or rejection City of Corpus Christi, and return it to the Bentley Project Manager. • If a deliverable is neither accepted nor rejected within fourteen (14) business days, the deliverable will be deemed to have been accepted by City of Corpus Christi without change or comment. City of Corpus Christi may also request an extension to the fourteen business (14) day acceptance period, which will not be unreasonably withheld by Bentley unless it affects the project schedule, which could then trigger a change request that may impact the project timeline, resources and/or cost. • If City of Corpus Christi rejects a deliverable, City of Corpus Christi will provide Bentley with a written description of why the deliverable was rejected on the Deliverable Acceptance Form. If the identified deliverable discrepancies are mutually agreed to be within the agreed upon Custom Solution Build priority list, Bentley shall rework the deliverable to achieve its conformance. If the discrepancies are mutually agreed to be outside the priority list, City of Corpus Christi shall either accept the deliverable as -is. If the parties cannot come to an agreement regarding the discrepancies, the issue shall be elevated to respective management teams to discuss the deliverable and the Custom Solution Build priority list in detail. Bentley will track status of all project documentation including the deliverable approval process and status. Bentley will inform City of Corpus Christi if delays are to be incurred due to deliverable acceptance documents not being signed and returned in a timely manner. Bentley will indicate any potential impact to the project timeline for delayed acceptance. October 31, 2017 7 www, bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) 2.6 Schedule and Maintenance Period This maintenance agreement will start on September 27, 2017 and will continue for twelve (12) months. Only Service Tickets reported during this period will be included under this maintenance agreement, except for the following earlier reported Service Tickets. They will also be included: • 7000588453 Plat and Public Improvement Reviews • 7000602051 Bentley not updating proper Infor task • 7000602073 Bentley Interface not Updating Infor App • 7000617906 Revision upload not reflected in Bentley • 7000623461 Upload Revisions 2.7 Staffing The personnel assigned to this project will be: • Project Manager - The single point of contact, responsible for — Project deliverables from Bentley — Logistics — Adherence to schedule and budget • Bentley Consultants - Responsible for responding to Customization Solution issue tickets and making fixes as required 2.8 Assumptions, Limitations, Exclusions, and Constraints The following assumptions have been made regarding this project which will affect the following including but not limited to the project cost estimate, deliverables, production schedule, and project staffing. • City of Corpus Christi will assign a point of contact who can coordinate with the Bentley Project Manager on the tasks and priorities. This representative is also responsible for ensuring City of Corpus Christi and Infor tasks are performed to facilitate progress on activities. • The Bentley Project Manager and Consultants will work during normal business hours Monday to Friday. Any exceptions to this must be mutually agreed by Bentley and City of Corpus Christi Project Managers. • Resolving issues in Bentley standard products is covered in the SELECT Agreement. • Bentley will perform work remotely. On-site activity is not included. • City of Corpus Christi SMEs will be available per agreed upon schedule to work with Bentley to: — Provide reproduction of issue in Quality Assurance Environment Conduct UAT within one week of the P1 and Scheduled Build deliveries available in Quality Assurance Environment • Subscriber will provide sign off acceptance on P1 and Scheduled Build deliveries at conclusion of UAT. • Availability of the Quality Assurance Environment in Bentley Managed Services will be based on P1 and Scheduled Build deliveries project plan, available during normal working hours (Central timezone), and utilized 30% or less time through the annual period. • City of Corpus Christi shall provide written request ten (10) business days in advance for the Quality Assurance Environment to be available outside of normal working hours for a specific October 31, 2017 8 www. bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Develo,ment Mining Build) duration. The request will not be unreasonably withheld by Bentley unless it potentially affects the overall annual utilization, which could then trigger a change request that may impact the duration, timeline, and/or cost. • Only Service Tickets reported during this period will be included under this maintenance agreement, except for the following earlier reported Service Tickets. They will also be included: — 7000588453 Plat and Public Improvement Reviews — 7000602051 Bentley not updating proper Infor task — 7000602073 Bentley Interface not Updating Infor App — 7000617906 Revision upload not reflected in Bentley — 7000623461 Upload Revisions • Maintenance for additional enhancements or modified enhancements placed in the Production environment will be prorated in a change request to this contract. 2.8.1 Exclusions The activities, which are not included with this maintenance agreement, but can be included in a separate agreement or proposal include: 1. Functional changes and enhancements to Custom Solution. This includes P4 issues. Any such change, either initiated by a (new) wish from City of Corpus Christi to change the solution, or because a new version or release of Bentley product provides enhancements out-of-the- box. 2. Resolving issues caused by the City of Corpus Christi failing to follow reasonable workaround instructions or failure to incorporate required fixes on non -Bentley systems. October 31, 2017 9 www.bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) 3. Commercial Information 3.1 Pricing Bentley will provide the customization maintenance services described in this proposal on a Fixed Fee basis. Material Description Quantity Price Customization Maintenance Services — one year 1 $54,000 USD The one year period will commence September 29, 2017 and expire on September 28, 2018. Services will be provided remotely. In the event the City of Corpus Christi and Bentley determine that on- site services are needed, a separate proposal detailing the services and accompanying expenses will be required. Bentley will invoice for the annual amount in advance upon receipt and acceptance of a purchase order. October 31, 2017 10 www. bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Develo,ment Mining Build) 4. Terms and Conditions Bentley will perform the work described in this Proposal under the terms and conditions of the Bentley SELECT Program Agreement by and between Bentley and City of Corpus Christi with CLA Number 14576635 (collectively hereafter, the "SELECT Agreement"). Bentley may take steps as appropriate to update your SELECT Agreement, which may be a prerequisite to the performance of any work hereunder. Additionally, unless your SELECT Agreement states differently: • Should you wish to proceed, please complete and sign the proposal acceptance below and email it to Levin.Rodriguez@Bentley.com as indication of your acceptance to proceed with the project under the terms and conditions described in this proposal. • Bentley will invoice as follows: — The Initial Term fee shall be invoiced upon Bentley's formal notification that Subscriber's purchase order (or equivalent notice to proceed) has been accepted. — Thereafter, Bentley shall invoice Renewal Term fees in advance of any subsequent Renewal Term. — Bentley will invoice separately for actual expenses (e.g. airfare, rental car, meals, accommodations, conference calls, reproductions, etc.) related to the services described in this proposal. • Prices shown on this quotation are not inclusive of applicable taxes. Applicable taxes will be included on invoices. If your account is exempt from standard taxes, please provide supporting documentation with your order. • Consulting days will be eight hours each. The exact length of the working day will depend upon your countries regulations. • The parties agree that if there are any additional or different terms or conditions appearing on any purchase order(s) issued to Bentley by your organization after the date of this proposal, any such additional or different purchase order terms or conditions shall not apply to the products and services described in this proposal, even if Bentley executes the purchase order and/or even if Bentley processes the order. For any of your organization's additional or different terms or conditions to be binding on the parties (whether appearing on a purchase order or otherwise), the parties agree to implement any such additional or different terms or conditions via a separate written agreement only; otherwise no such terms and conditions shall apply to the project described in this proposal. In any event, the parties agree that at all times the applicable SELECT Agreement, as well as the terms and conditions of this proposal, shall always take precedence over any and all other documents that may pertain to this transaction, specifically including, without limitation, any terms and conditions accompanying your organization's purchase order(s), whether accepted by Bentley or not in accordance with this paragraph. • The Scope of Services in this proposal is based upon information provided by Subscriber. Circumstances not contained in this information, or otherwise unknown to Bentley, may require an addition to the proposed scope of services. Moreover, any additional work that you may engage Bentley to execute will be subject to either a separate proposal or change control, and pricing where any discounts offered herein may not be available irrespective of whether it is completely new work or related to works delivered on the basis of this proposal. Pricing, terms, and conditions of this proposal are valid for 60 days from the submittal date of this document. To avoid delays in processing, please ensure the purchase order is signed, references the Bentley SELECT Program Agreement or any other contractual agreement in place, references this October 31, 2017 11 www. bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) proposal, the Bill To address and payment terms of Net 30 Days. Credit terms are subject to approval by Bentley's credit department. October 31, 2017 12 www.bentley,com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Build) 5. Acceptance If you would like us to bill this proposal against a purchase order, please indicate the purchase order number below and attach a copy with your signed acceptance of this proposal. Please bill against PO # Purchase order is not required. We will accept Bentley's invoice on the basis of this signed proposal. Company Name: City of Corpus Christi Date: Signature: Bill To: Printed Name: Ship To: Printed Title: Bentley Opportunity: 30481771 Proposal Title: eB EPR Customization Maintenance October 31, 2017 13 www.bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Development Mining Buildi Bentley' About Bentley Systems Bentley Systems is the global leader dedicated to providing architects, engineers, geospatial pro essIonals, constructors, and owner -operators with comprehensive software solutIorls for advancing the design, c nstructon, and operations of infrastructure. Bentley users leverage information mobility across disdplines and throughout the infrastructure hfecyde to deliver b€tt r-perfonning projects and assets. Bentley solutions encompass f 4cro Sta[ton applications for information rrlocfeiing, PresspectWee collaboration services to deliver integrated projects, and AssetiViise operations services to achieve ittteftigent infrastructure — complemented by waridwicfe professional services and comprehensive managed service,. Founded in 1984, Bentley has more than 3,000 colleagues in over 50 countries, more than $600 million In annual revenues, and since 2006 has Invested more than $1 billion In research, development, and acquisitions. FOr more information, visit www.bentley.com or call 14100 -BENTLEY. Contact Bentley Bentley WerldwItle Headquarters 685 Stockton Drive Euston, PA 19341, United States 1 -8X -BENTLEY (1-8170-2368539) Outside the tinted States +1 610 -45B -5p00 Bentley EM EA Bentley Systems International Limited 2 Park Place Upper Hatch Street Dublin 2 Irelarnd Phone: +9531436 46O1) Fax: +353 1 416 1261 Bentley Asia Bentley Systems Beijing Co., L. Unit 1402-D6, Tower 1 China Central Place, Beijing 106025 China (+86) LC 5929 NO October 31, 2017 14 www.bentley.com AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 7, 2017 Second Reading Ordinance for the City Council Meeting of November 14, 2017 DATE: TO: October 10, 2017 Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation FredScctexas.com (361) 289-0171 ext. 1213 Authorize Horton Automatics to construct and donate Secure Exit Lane (SEL) improvements at Corpus Christi International Airport. CAPTION: Motion authorizing the City Manager or designee to execute a donation agreement with Horton Automatics for construction and installation of Secure Exit Lane (SEL) improvements in the terminal at Corpus Christi International Airport and, upon completion of installation, to accept the donation for the City. PURPOSE: Horton Automatics and Corpus Christi International Airport (CCIA) staff initiated discussion on the possible installation of a Secure Exit Lane (SEL) to test and demonstrate the system in an actual airport environment. Installation would benefit the company with vital information/feedback of the product and provide CCIA with an enhanced security system at no cost to the Airport. BACKGROUND AND FINDINGS: Horton Automatics is a locally based company that designs, manufactures and installs automatic doors throughout the world. Horton Automatics invented the first automatic sliding door in 1960 and has continued to develop innovative access solutions. One of their more recent products is the Secure Exit Lane (SEL). The SEL provides one-way pedestrian traffic flow between the secure and non -secure area of the airport terminal by creating a physical barrier detecting unauthorized entry. The system uses an array of sensors to detect unauthorized traffic from accessing a secure zone. The SEL can also minimize the need for physical personnel by providing remote monitoring capability. In an effort to further market the SEL system, Horton contacted the CCIA about a demonstration project that would provide construction and installation of SEL at no cost to the City/Airport. The installation would allow Horton to showcase the system to potential customers that would fly in to Corpus Christi and would provide CCIA and the Transportation Security Administration with a state-of-the-art system that would enhance security and operational efficiencies. The Donation Agreement provides that Horton Automatic is responsible for all maintenance and warranty work for a three-year term. At the end of the three-year period, the system would belong to CCIA. Should the City/Airport decide not to keep the system, a 10 day notice is required and Horton will remove and re- install the previous door assembly. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operatin Revenue Capital Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget N/A N/A Encumbered / Expended Amount This item (additional revenue) BALANCE N/A N/A Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Agreement Secure Exit Lane (SEL) Brochure Construction and Donation of Terminal Improvements TI IIS AGREEMENT for the construction and donation of improvements in the Corpus Christi International Airport terminal ("Agreement") is made and entered into by and between the CITY OF CORPUS CHRISTI, a municipal corporation ("City"), and Horton Automatics, a division of Overhead Door Corporation, an Indiana corporation ("Donor"). 1. Term. This Agreement commences on the date of the last signature and continues until the improvements described in this Agreement are accepted by the City's Director of Aviation or his designee ("Director") and the three-year warranty period has expired. Unless terminated as set forth herein, after the installation of the improvements and required inspections, if any, the Donor desires to and shall donate the improvements to the City, which improvements are subject to acceptance by the Director on behalf of the City. Following acceptance of the donation by the City, the City acquires clear and perpetual title to the improvements. 2. Termination. This Agreement may be terminated at any time by the City prior to acceptance of the improvements upon 10 days prior written notice. 3. Improvements. The improvements consist of a Secure Exit Lane, sidelites, electrical components, and installation of the foregoing inside the Corpus Christi International Airport terminal ("Improvements"), with such Improvements to be provided and completed by the Donor. More specifically, the Improvements include a 20' long, 5' wide passageway with doors on each end, with sensors and warning systems, designed for use as an exit from the secure area of a facility and deterring unauthorized entrance through said exit. The installation component of the Improvements is an integral part of the donation and cannot be severed from this Agreement and completed separately since the Donor has manufactured the Secure Exit Lane. Donor may utilize, at Donor's discretion and as needed, one or more subcontractors to complete Donor's installation work. 4. Construction of Improvements. Once this Agreement has been approved by the City Council, the parties will agree on a time and date on which the construction will be commenced. Donor shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of the City's airport operation, so as not to unreasonably annoy, disturb, or endanger others. Donor shall be responsible for disassembling the existing sliding door and the City shall be responsible for transporting and storing the door once removed. If any electricity or electrical connections are required or needed by the Donor for the installation of the Improvements. the City shall bear all costs, expenses, and fees for the same. Following completion of installation of the Improvements, Donor shall furnish the Director with any necessary plans and specifications pertinent to the electrical components and connections associated with the Improvements. 5. Temporary Facilities. Donor anticipates the Improvements will not take more than two (2) days to complete the installation once onsite. In light of the foregoing, City may select specific days and times in which Donor may perform the work. For the duration of the installation and during any subsequent maintenance or repairs, City shall be responsible for setting up temporary exits so as to provide Donor a traffic free area in which to perform. To the extent necessary, City shall also be Page 1 of 6 responsible for providing temporary partitions and coordinating the necessary TSA personnel to secure City's facility. 6. Removal of the Improvements. If for any reason the City is not satisfied with the Improvements during the three (3) year warranty period and elects to have the Improvements removed, Donor shall restore the existing sliding door to its pre -removal placement condition. If the City elects to have the original sliding door restored, City shall transfer title to the Improvements back to Donor. If the sliding door was damaged after being disassembled by Donor, City shall be responsible for the costs to repair any such damage. City acknowledges that Donor will be required to drill small holes into the terrazzo flooring and the support columns in order to install the Improvements. In the event City elects to have the original sliding door restored, City agrees that Donor shall only be required to patch these holes as opposed to returning the flooring and support columns to their original condition. 7. Laws and Permits. City shall arrange for any required City building/constnrction permits. Donor agrees that all work performed for, or associated with, the Improvements shall be done in full compliance and in accordance with all federal, state, and local laws, rules, regulations, ordinances, and codes including, but not limited to, the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and that such installation work is subject to review and approval of the Director, the City's Engineering Services Department, and to inspection by the appropriate regulatory authorities during the performance thereof and after completion. 8. Liens. Donor shall discharge all obligations to contractors, subcontractors, materialmen, workmen, and other persons for work performed and materials furnished for or on account of the Donor as such obligations mature. Donor expressly agrees that it will neither give nor grant, nor purport to give or grant, any mechanic's or materialmen's lien upon the City's property or upon the Improvements in the process of construction or repair, nor will Donor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Donor affirmatively agrees to discharge any such lien within 30 days after the date of filing. 9. Taxes. Donor shall pay all taxes, special assessments, or levies, if any, assessed during the term of this Agreement against or relating to the Improvements on City's property, including ad valorem taxes and personal property taxes until such time as ownership of the Improvements is transferred to the City. 10. Airport Security. City shall be solely responsible for implementing any equipment, procedures, personnel, and systems to secure the Corpus Christi International Airport. Neither the Improvements nor any other provision of this Agreement is intended to impose a duty upon Donor to secure, or to otherwise provide security at the Corpus Christi International Airport. To the extent permitted by the Constitution and laws of the State of Texas, City shall indemnify, defend, and hold Donor harmless from and against any claim, loss, damage, or harm that arises out of or is the result of City's failure to comply with this section. The terms set forth in this section may only be modified by a written instrument signed by the party against whom any change is sought. 11. Confidentiality. As used herein, the term "Information" shall include all of the Donor's specifications and drawings, and all design, technical, manufacturing, process, financial, and other Page 2 of 6 information disclosed to or acquired by City in any manner directly or indirectly from the Donor, and Information shall also include all design and development information provided to the Donor by the City; provided that Information shall not include any information that the City can demonstrate: (1) was at the time obtained from the Donor part of the public domain or thereafter becomes part of the public domain through no act or omission of City or its employees or agents; (2) was in the possession of City prior to being obtained from the Donor, as demonstrated by written records; or (3) is hereafter lawfully disclosed to City, under conditions which do not restrict further disclosure, by a third party which did not acquire it under an obligation of confidentiality to the Donor. In exchange for the benefits contemplated by this transaction and Donor permitting City access to the information, City hereby agrees to be bound by the obligations set forth in this Agreement. For a period of five (5) years from the date hereof, City shall not disclose any Information to any third party and City shall take all reasonable precautions to prevent the same from being obtained in any manner by third parties. Upon request of the Donor, City shall promptly return to the Donor any and all documents containing any Information together with any copies thereof, and shall destroy all documents generated by City containing any Information. The parties recognize that it may be difficult or impossible to prove damages in the event this Agreement is violated, and that the only practical recourse may be application for a restraining order, injunction, or other equitable relief. In the event of such application by the Donor, the City hereby waives any requirement of proof of inadequate remedy at law or irreparable harm or any requirement for a bond. Nothing stated herein shall preclude the City from disclosing Information that the City is legally compelled to disclose by court order, subpoena, or pursuant to the Texas Public Information Act. 12. Ownership of Inventions. For a period of five (5) years from the date hereof, City shall only use Information for the purpose of providing the Donor customer and user oriented comments with regard to the Information. The Donor may, in its sole discretion, implement and use any ideas, concepts or information related by or through the City's comments in connection with the Donor's Improvements, without limitation and at no cost. All data, ideas, improvements, and inventions conceived of and/or reduced to practice by City on the Donor's behalf or incorporating or using any of the Donor's specifications or other Information shall exclusively be the Donor's property. 13. Insurance. Prior to the commencement of any work on City property, Donor shall furnish, and require any subcontractors for the Improvements to furnish, insurance in such amounts as specified on the attached Exhibit A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any subcontractors of the Donor shall similarly provide the same proof of insurance and permits prior to performing any work on City property. 14.Indemnification. DONOR SHALL INDEMNIFY AND HOLD HARMLESS THE CITY AND ALL OF ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITIES") FROM ANY AND ALL LIABILITY, LOSSES, CLAIMS, SUITS, DEMANDS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH), PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, COURT COSTS, ATTORNEYS' FEES, AND EXPERT WITNESS FEES, TO THE EXTENT CAUSED BY A DEFECT Page 3 of 6 IN THE PRODUCT OR THE NEGLIGENT ACTS OR OMISSION OF THE DONOR OR ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN CONNECTION WITH DONOR'S PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO THIS AGREEMENT BUT NOT TO THE EXTENT THE INJURY, LOSS, OR DAMAGE IS CAUSED BY THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF INDEMNITIES OR ANY THIRD PARTY. SUBJECT TO THE FOREGOING LIMITATIONS, DONOR WILL, 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 SAID LIABILITY, LOSSES, CLAIMS, SUITS, DEMANDS AND ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF DONOR UNDER THIS SECTION SURVIVES THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 15. Maintenance. City shall be responsible for performing daily inspections to ensure the equipment is operating properly. In the event the door is not operating properly, City shall take the door out of service immediately and contact Donor to perform an inspection and repair as applicable. Donor shall not be liable for claims arising out of City's failure to comply with this section. 16. Warranty. Donor warrants and guarantees that all materials and equipment incorporated in Donor's Improvements shall be new and that all work shall be of good quality, free from faults and defects and in conformance with the requirements of this Agreement. City shall have the right to inspect Donor's Improvements and to reject any portion thereof not in accordance with the requirements of this Agreement, and Donor, at its sole expense, shall promptly replace rejected portions of Donor's Improvements in a manner satisfactory to City. Further. in accordance with the Donor's manufacturer's warranty, the Improvements shall be free from defects for a period not to exceed three (3) years following the installation of the Improvements. Any replacement or repairs needed and occasioned by normal use during the three-year warranty period shall be provided by Donor. 17. Innovative Task Force Program. In consideration of the Improvements contemplated by this Agreement, City agrees that it will take the necessary steps to apply for, and make all reasonable efforts to become, an approved Innovative Task Force Site. (Office of Requirements, Capabilities and Analysis, Email: Brian.Mi11er3@tsa.dhs.gov, Office: 571-227-3125, Cell: 202-725-6203). To the extent the City fails to or refuses to take the necessary steps, Donor reserve the right to remove the Improvements, provided that Donor restores the original sliding door to operating condition. The foregoing shall not be applicable to the extent the City is not approved for the TSA program despite its reasonable efforts to do so. 18. Signage. During the term of this Agreement, Donor may display signage at the location of the installation of the Improvements with the prior written approval of the Director. Following acceptance of the Improvements by the City, the City shall recognize the Donor's gift of the Page 4 of 6 Improvements by signage either displayed on the Improvements or in close proximity to the Improvements during the period of time the Improvements remain in place and operational. 19. Notices. Notices and communications will be deemed received on the date delivered when sent via personal delivery or a delivery service and on the third business day when sent via First Class mail. Any notices or communications required under this Agreement or desired to be given by either party must be in writing and either delivered in person, sent by overnight express delivery service, or sent by First Class mail, and addressed to the recipient as follows: If to the City: If to Donor: Corpus Christi International Airport Attn: Director 1000 International Drive Corpus Christi, TX 78406 Horton Automatics Attn: President 4242 Baldwin Blvd. Corpus Christi, TX 78405 CC: Overhead Door Corporation Attn: Legal Department 2501 S. State llwy 121, Ste. 200, Lewisville, TX 75067 20. Independent Contractor. Donor covenants and agrees that it is an independent contractor and not an officer, agent, servant, or employee of the City. In addition, the Donor covenants and agrees that the employees participating in the construction and installation of the Improvements, or participating in any other activity arising under or related to this Agreement, are solely employees of the Donor and are not employees of the City nor under the control, supervision, or direction of the City. 21. Authority. Each of the undersigned, by the execution of this Agreement, warrants that he/she has full power, authority, and legal right to enter into this Agreement on behalf of the part} for whom he/she is executing this instrument and to consummate the transaction contemplated under this Agreement. 22. Successors and Assigns. This Agreement and all of the terns and provisions hereof is binding upon and inures to the benefit of each of the parties hereto and their respective legal representatives, heirs, successors, and assigns. 23. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Donor to a third party without the prior written consent of the City. 24. Jurisdiction; Venue. This Agreement is governed by and is to be construed in accordance with the laws of the State of Texas and ordinances, rules, and regulations of the City. This Agreement requires performance in Nueces County, Texas, wherein jurisdiction and venue for any dispute arising out of or related to this Agreement shall be brought in the appropriate court. 25. Entire Agreement. This Agreement embodies the complete donation agreement of the parties and supersedes all oral or written previous agreements between the parties relating to the matters herein and cannot be modified without written agreement of the parties. [SIGNATURE PAGE FOLLOWS] Page 5 of 6 (Donor) By: Z Printed Name: 0. �k21L l t -ur son! Title: Pa-C,SIDLNT NDg-Toti ftvsOmPTic-5 Date: NlO'.fct`nme_ t) D.011 City of Corpus Christi By: Printed Name: Title: Date: Appr•ved as to legal forms `, 2017 Elizabyt Hundlcy, A sistant City Att for Mil Risley, City Attorney Attached and Incorporated by Reference: Exhibit A — Insurance Requirements Page 6 of 6 EXHIBIT A INSURANCE REQUIREMENTS I. DONOR'S LIABILITY INSURANCE A. Donor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Donor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Donor must furnish to the City's Risk Manager and Engineering Director 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 C. In the event of accidents of any kind related to this contract, Donor must furnish the Risk Manager with copies of all reports of any accidents within 10 days following the Risk Manager's written request to provide the same. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Donor 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 Donor is not domiciled in the State of Texas. B. Donor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Donor'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. Donor 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. Donor 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, Donor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Donor'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 Donor'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 Donor to stop work hereunder, until Donor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Donor may be held responsible for payments of damages to persons or property resulting from Donor's or its subcontractor's performance of the work covered under this contract. H. To the extent a claim is the result of Donor's negligent acts or omissions or willful misconduct, it is agreed that Donor'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 Legal — Airport Installation of Horton Secure Exit Lane 10/11/2017 sw Risk Management Exit Lane Breach Control Secure Exit Lane Unmanned Security Exit Systems Directional Motion Detection Reduces the Threat of Unauthorized Access to a Secure Environment The Secure Exit Lane provides one way pedestrian traffic flow between the secure and non -secure zone. The Secure Exit Lane creates a physical barrier detecting and preventing unauthorized entry thus maintaining the natural flow of traffic. The system uses an array of sensors to detect unauthorized traffic from accessing a secure zone. The Secure Exit Lane can minimize the need for physical personnel by providing remote monitoring capability. Unauthorized entry and static object detection are only two of the many potential threats capable of triggering a security alert at the Secure Exit Lane. Horton AUTOMATICS The Automatic Choice Specify Horton and demand AAADM certified installation = American Association of �lrl Automatic' Door Manufacturers Sleek & Secure Horton Secure Exit Lane have a sleek style for areas with minimal space or multi- ples can be combined to increase pedestrian through- put. System Modes: • Free Flow : Entry and Exit security doors can be open simultaneously to provide optimal through- put. Security: Active • Interlock: Only one se- curity door is open at a time to provide enhanced security. Security : Active • Locked: Both security doors are locked. Security: Active • Open: Both security doors are held open for emer- gency ingress, egress, etc. Security: Inactive • Cleaning: Entry security door is closed & locked. Exit security door is open. Security: Active Exit Lane Breach Control Secure Exit Lane Unmanned Security Exit Systems 1 The door's object detection technology (in floor and overhead) series undesirable and dangerous objects and prevents reentry, shutting the door down and sounding an alarm if something is detected. The Secure Exit Lane is large enough to accommodate passengers with disabilities. rm. Norton AUTO M ATICS The.-lutornatic Choice Horton Automatics World Headquarters 4242 Baldwin Boulevard Corpus Christi, Texas 78405-3399 USA Phone: 800-531-3111,361-888-5591 Fax: 361-888-6510 wwW.hortondoors.Com Horton Automatics, Ltd. United Kingdom Uhl A, Hortonwood 31 Telford, Shropshire, England TF1-7YZ Phone: 01952 670169 Fax: 01952 670181 Features: • User Interface • Remote Monitoring • Customizable • One Way Security • High Volume Throughput • Sleek Style •Audible Commands • Bullet -resistant glass option available for maximum security Applications: • Airports • High Security Environments 41eigafoN iE aa8aaao aoo' A Division of Overhead Door Corporation A Sanwa Shutter Company Form No. E561 02008 Horton Au1ometics Printed in U.S.A. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 DATE: November 7, 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 KimB2@cctexas.com (361) 826-3169 Purchase of Pump, Motor, Rentals and Services for the Utilities Department, a one- year service agreement for a total amount not to exceed $153,025.00, with two one-year extension option periods and a total potential multi-year not to exceed amount of $459,075.00 CAPTION: Resolution finding that the purchase of pumps, motors, rentals and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city's residents, a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one-year service agreement, with two one-year extension options, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, for a total amount not to exceed $153,025 of which $127,550 is funded in FY2017-18, with a total potential multi-year not to exceed amount of $459,075. PURPOSE: The purpose of this agreement will provide Godwin brand pumps and motors, rentals and services for Utilities Department's Wastewater and Water plants. BACKGROUND AND FINDINGS: Godwin, a Xylem brand, has been the standard pumping equipment for most of the Wastewater Division's lift stations, pumping stations, and treatment plants in operation throughout the City for many years. Additionally, the Water Division maintains a small inventory of Godwin pumps used for water main breaks. Godwin pump and motor units are currently installed throughout the City. The purchase of new equipment, equipment rental and services are critical to ensure optimum operating requirements and compliance with TCEQ regulations. Establishing a long-term service agreement for pump and motor repairs will provide a more efficient, and cost-effective method for the City. 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: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $578,000.00 $331,555.00 $909,555.00 Encumbered / Expended Amount $33,916.22 $0.00 $33,916.22 This item $127,520.00 $331,555.00 $459,075.00 BALANCE $416,563/8 $0.00 $416,563/8 Fund(s): Wastewater Fund and Water Fund Comments: The initial contract is for an amount not to exceed $153,025.00, of which $127,520.00 is funded in FY2017-18. The contract term is for three years for a total amount not to exceed $459,075.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Resolution Price Sheet Resolution finding that the purchase of pumps, motors, rentals and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city's residents, a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one-year service agreement, with two one-year extension options, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, for a total amount not to exceed $153,025 of which $127,550 is funded in FY2017-18, with a total potential multi-year not to exceed amount of $459,075. WHEREAS, Xylem Dewatering Solutions, Inc., will provide Godwin brand pumps, motors, rentals and services for the Utilities Department, which are critical in sustaining the Wastewater and Water Divisions' operational reliability for service; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, the City Council finds that there are three statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2), (a)(7)(A), and (a)(7)(D), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. 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 one-year service agreement, with two one-year extension options, with Xylem Dewatering Solutions, Inc., of Bridgeport, New Jersey, based on health and safety needs; as a sole source for pump, motor purchases, rentals and services; and as captive replacement parts or components, for a total amount not to exceed $153,025 of which $127,550 is funded in FY2017-18, with a total potential multi-year not -to -exceed amount of $459,075. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas day of , 20 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 Page 2 of 2 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: Item # Description Unit Qty Total Price Parts / Materials Estimated Mark-up 1 Parts/Materials EA $65,000.00 % 0 $65,000.00 2 Shipping Allowance for Parts/Materials EA $5,000.00 $5,000.00 3 Pick-up & Delivery Allowance EA $3,000.00 $3,000.00 4 Rental Allowance EA $41,500.00 $41,500.00 5 Mileage Allowance EA $5,000.00 $5,000.00 6 Emergency Open EA $3,000.00 $3,000.00 Labor Unit Price Total Price 7 Labor Regular Business Hours M -F 8:00-5:00 HR 240 $110.00 $26,400.00 8 Labor Afterhours, Weekends, Holidays HR 25 $165.00 $ 4,125,00 TOTAL $153,025.00 COMPANY: Xylem Dewatering dba/Godwin Pumps of America NAME OF PERSON AUTHORIZED TO SIGN: Melvin Bode ADDRESS: 2029 North Lexington Blvd. CITY / STATE: Corpus Christi, Texas 78409 PHONE: 361-879-0031 EMAIL: Melvin.bode@xyleminc.com FAX: 361-879-0044 DATE: 8/11/2017 SIGNATURE: 7 .e5cfrTITLE: Senior Sales Rep. 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 SERVICE AGREEMENT NO. 1392 Purchase of Pump, Motor, Rentals and Services for the Utilities Department - Godwin THIS Purchase of Pump, Motor, Rentals and Services for the Utilities Department - Godwin Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Xylem Dewatering Solutions, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Purchase of Pump, Motor, Rentals and Services for the Utilities Department - Godwin 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 Purchase of Pump, Motor, Rentals and Services for the Utilities Department - Godwin ("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. The parties may mutually extend the term of this Agreement for up to two additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $153,025.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Name: Joanna Moreno Department: Utilities 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 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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, Texas 78415 Fax: (361) 826-1715 IF TO CONTRACTOR: Xylem Dewatering Solutions, Inc. Attn: Melvin Bode Title: Senior Sales Representative Address: 84 Floodgate Road Bridgeport, New Jersey 08014 Fax: (361) 225-2965 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: 7/g2l Printed Name: Melvin Bode Title: Senior Sales Rep. Date: 10/11/2017 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A - Scope of Work 4.1 General Requirements The Contractor shall provide pump and motor repairs, sales, and rentals for all Godwin brand pumps/motors at Wastewater Lift Stations, Wastewater Treatment Plants, and Storm Water Pump Stations for the City of Corpus Christi Utilities Department - Wastewater, Storm water, and Water Divisions. 4.2 Scope of work A. Repairs a. The City's pump inventory, outlined in Section 4.3, consists of approximately 15 Godwin pump/motor units. b. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal pumps and motors with 25 - 275 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o -rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re -oil and/or grease, testing. d. The Contractor shall provide emergency service repair and rental on an as - needed basis. The emergency service shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. e. The Contractor shall perform semi-annual preventative maintenance services and repairs as determined necessary by the City. f. The Contractor shall pickup equipment for repair and deliver equipment when the repair is complete. g. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. h. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time, and outline the reason for delay. 2. Shipping costs for parts/materials RFQ Revised 7.13.2017 3. Costs to expedite parts/materials, if requested and approved by a City representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) 7. Equipment replacement cost and lead time for new equipment i. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. j. All parts shall be equivalent to or better than OEM standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. k. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. I. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). m. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. n. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the Contract Administrator. o. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. p. Overtime hours must be authorized in writing by a City representative. q. The Contractor shall provide a minimum one year warranty for workmanship and parts/materials. B. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. RFQ Revised 7.13.2017 C. Rentals a. The Contractor will provide emergency rentals, as needed, for daily, weekly, or monthly rental. b. Emergency rentals shall be available on a 24-hour basis, weekends, and holidays. The Contractor shall be capable of responding to an emergency within two (2) hours after notification by a City representative. D. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City's expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor's project costs at any time during the contract term. e. The City's equipment in Contractor's possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 4.3 Work Site Locations and Conditions Lift Station # Lift Station Name Address # of Pumps HP 1 River Canyon 13842 River Ridge Dr. 1 24.6 2 Greenwood WWTP 6541 Greenwood Dr. 1 68 3 Clarkwood North 2001 Clarkwood Rd. 1 99 4 Wooldridge 6610 Wooldridge Rd. 1 275 5 Oso WWTP #1 501 Nile Rd. 4 2-275, 2-151 6 Oso WWTP (Step -feed pumps) 501 Nile Rd. 4 3-75, 1-100 Water Name Address # of Pumps HP (Range) 1 Utilities Yard 2726 Holly Rd. 3 60 - 80 RFQ Revised 7.13.2017 4.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1. Purchase Order (PO) number 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (to include % of mark-up) for each repair invoice 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative 4.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. RFQ Revised 7.13.2017 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: Item # Description Unit Qty Total Price Parts / Materials Estimated Mark-up 1 Parts/Materials EA $65,000.00 % 0 $65,000.00 2 Shipping Allowance for Parts/Materials EA $5,000.00 $5,000.00 3 Pick-up & Delivery Allowance EA $3,000.00 $3,000.00 4 Rental Allowance EA $41,500.00 $41,500.00 5 Mileage Allowance EA $5,000.00 $5,000.00 6 Emergency Open EA $3,000.00 $3,000.00 Labor Unit Price Total Price 7 Labor Regular Business Hours M -F 8:00-5:00 HR 240 $110.00 $26,400.00 8 Labor Afterhours, Weekends, Holidays HR 25 $165.00 $ 4,125,00 TOTAL $153,025.00 COMPANY: Xylem Dewatering dba/Godwin Pumps of America NAME OF PERSON AUTHORIZED TO SIGN: Melvin Bode ADDRESS: 2029 North Lexington Blvd. CITY / STATE: Corpus Christi, Texas 78409 PHONE: 361-879-0031 EMAIL: Melvin.bode@xyleminc.com FAX: 361-879-0044 DATE: 8/11/2017 SIGNATURE: 7 .e5cfrTITLE: Senior Sales Rep. 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 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 INSTALLATION FLOATER Value of the equipment RFQ Revised 7.13.2017 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. RFQ Revised 7.13.2017 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 — Wastewater Lift Stations Pump and Motor Sales and Repairs and Rentals 07/10/2017 sw Risk Management RFQ Revised 7.13.2017 ATTACHMENT D - WARRANTY REQUIREMENTS Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 Limited Product Warranty Godwin Wet -Prime® Pump Lern Lef's Solve Water Subject to the terms and conditions below, Xylem Dewatering Solutions, Inc. ("Xylem") warrants that products manufactured by it (other than components subject to an OEM Warranty) (collectively, the "Products"), when used as intended and designed, shall be free from defects in material and/or workmanship for the applicable Warranty Period. Warranty coverage for new Products sold to the original owner begins on the date of shipment for a period of six (6) months (the "Warranty Period"). Engines, motors and driven components carry a separate manufacturer's (OEM) warranty (the "OEM Warranties"), unless otherwise expressly stated. OEM Warranties are in addition to this Warranty. All Warranty claims for defects in material and/or workmanship involving OEM components must be directed through the OEM distributor/dealer network. OEM Warranties may vary and are subject to change. Xylem shall have no liability under OEM warranties. Warranty claims must be submitted promptly to Xylem in writing at 84 Floodgate Road, Bridgeport NJ 08014, Attn: Warranty/Service Dept., and actually received within the applicable Warranty Period, including proof of purchase and describing in detail: (i) the applicable Warranty, (ii) the claimed Product deficiency, defect or failure, (iii) Product information required by Xylem, and (iv) sales or purchase order for any replacement parts (sent to Xylem Parts Sales Department). Returns must have prior written authorization from Xylem. Purchaser's exclusive remedies under this Warranty shall be, at Xylem's sole discretion: (i) replacement parts; or (ii) credit for the approved costs for replacement parts. These remedies are expressly limited to the replacement of the defective part(s) and do not include the replacement of the entire Product. Xylem shall not be held responsible for travel expenses, rented equipment, outside contractor's fees or unauthorized repair shop expenses. Xylem neither assumes nor authorizes any person or other company to assume for it, any other obligation in connection with the sale of its equipment. Any enlargement or modification of this by a representative or other sales agent is their exclusive responsibility. Transportation charges shall be borne by the Buyer. The Warranty does not cover any incidental or consequential costs or damages, including without limitation and not necessarily limited to: shipping or associated transportation charges, travel to and from repair sites, damages related to the loss of use, lost rentals, re -rental expenses and damages to property or other equipment. The warranty covers the above-described portable pumping equipment when used for pumping non -corrosive liquids containing limited quantities of abrasive particles in compliance with technical manuals and Company representations. This warranty shall extend only to the original owner and shall not apply to replacement of non -defective parts (such as seals, wear plates, and impellers) that may wear and need to be replaced with reasonable use within the warranty period or which may require replacement in connection with normal maintenance (such as fluids, filters, and belts). Additionally, this Warranty shall not apply to the extent Product defect has been caused by any of the following: (i) Product operator negligence or intentional misconduct (other than by Xylem), (ii) casualty or accident to the Products; (iii) use and godwin L xyL Lef's Solve Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 operation of the Products not in conformance with Xylem's training and/or operation manuals, or operation exceeding Xylem ratings for the Products, including misuse and abuse; (iv) operation, maintenance and/or service of the Products not in conformance with Xylem's recommended operation, maintenance and/or service schedules; (v) improper installation (other than by Xylem) not in material conformance with Xylem specifications; (vi) unauthorized modification of or alternations to the Products; (vii) improper load sizing (other than by Xylem); (vii) transportation damage; or (ix) Product exposure to the elements or other acts of God. THE EXPRESS WARRANTIES PROVIDED HEREIN ARE OFFERED IN LIEU OF ALL OTHER WARRANTIES, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, XYLEM'S REPLACEMENT OF OR CREDIT FOR DEFECTIVE PARTS AS DESCRIBED HEREIN SHALL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES AND XYLEM SHALL HAVE NO ADDITIONAL OBLIGATIONS. XYLEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE TO PURCHASER OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED IN AND BY THIS WARRANTY. XYLEM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING BY OPERATION OF LAW, COURSE OF DEALING OR CUSTOM OF TRADE). XYLEM SHALL NOT BECOME LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER BY VIRTUE OF A PURCHASE AGREEMENT, THIS WARRANTY, ANCILLARY AGREEMENTS ENTERED INTO IN CONJUNCTION WITH THE FOREGOING OR ANY OTHER DOCUMENTS) FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECULATIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE INCLUDING WITHOUT LIMITATION PURCHASER'S OR ANY THIRD PARTIES' LOST PROFITS WHICH MAY RESULT FROM, BE CAUSED BY OR ARISE OUT OF: (I) BREACH OF ANY WARRANTY, REPRESENTATION OR GUARANTEE MADE BY XYLEM; (II) THE USE, OR COST OF USE, OF THE PRODUCTS; OR (III) XYLEM's PERFORMANCE OF ANY REMEDIAL WORK REQUIRED BY THIS WARRANTY. This warranty applies only to Products sold within North America and South America. Some states in the United States of America do not allow limitations of how long an implied warranty extends, or the exclusion of incidental, indirect, special or consequential damages, so that the above limitation or exclusion may not apply to you. In some Canadian provinces legislation provides for certain additional warranties or remedies other than as stated herein, and to the extent that they may not be waived, the limitations and exclusions set out above may not apply. This Warranty provides specific legal rights; other rights may be available, but may vary from state to state or from province to province. gb132608_2 10/2006. This policy is subject to change. godwin nfiern Lef's Solve Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 Limited Product Warranty Godwin Sub -Prime® Pump Subject to the terms and conditions below, Xylem Dewatering Solutions, Inc. ("Xylem") warrants that products manufactured by it (other than components subject to an OEM Warranty) (collectively, the "Products"), when used as intended and designed, shall be free from defects in material and/or workmanship for the applicable Warranty Period. Warranty coverage for new Products sold to the original owner begins on the date of shipment for a period of six (6) months. Warranty claims must be submitted promptly to Xylem in writing at 84 Floodgate Road, Bridgeport NJ 08014, Attn: Warranty/Service Dept., and actually received within the applicable Warranty Period, including proof of purchase and describing in detail: (i) the applicable Warranty, (ii) the claimed Product deficiency, defect or failure, (iii) Product information required by Xylem, and (iv) sales or purchase order for any replacement parts (sent to Xylem Parts Sales Department). Returns must have prior written authorization from Xylem. Purchaser's exclusive remedies under this Warranty shall be, at Xylem's sole discretion: (i) replacement parts; or (ii) credit for the approved costs for replacement parts. These remedies are expressly limited to the replacement of the defective part(s) and do not include the replacement of the entire Product. Xylem shall not be held responsible for travel expenses, rented equipment, outside contractor's fees or unauthorized repair shop expenses. Xylem neither assumes nor authorizes any person or other company to assume for it, any other obligation in connection with the sale of its equipment. Any enlargement or modification of this by a representative or other sales agent is their exclusive responsibility. Transportation charges shall be borne by the Buyer. The Warranty does not cover any incidental or consequential costs or damages, including without limitation and not necessarily limited to: shipping or associated transportation charges, travel to and from repair sites, damages related to the loss of use, lost rentals, re -rental expenses and damages to property or other equipment. The warranty covers the above-described portable pumping equipment when used for pumping non -corrosive liquids containing limited quantities of abrasive particles in compliance with technical manuals and Company representations. This warranty shall extend only to the original owner and shall not apply to replacement of non -defective parts (such as seals, wear plates, and impellers) that may wear and need to be replaced with reasonable use within the warranty period or which may require replacement in connection with normal maintenance (such as fluids, filters, and belts). Additionally, this Warranty shall not apply to the extent Product defect has been caused by any of the following: (i) Product operator negligence or intentional misconduct (other than by Xylem), (ii) casualty or accident to the Products; (iii) use and operation of the Products not in conformance with Xylem's training and/or operation manuals, or operation exceeding Xylem ratings for the Products, including misuse and abuse; (iv) operation, maintenance and/or service of the Products not in conformance with Xylem's recommended operation, maintenance and/or service schedules; (v) improper installation (other than by Xylem) not in material conformance with Xylem specifications; (vi) unauthorized modification of godwin L xyL Let's wive Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 or alternations to the Products; (vii) improper load sizing (other than by Xylem); (vii) transportation damage; or (ix) Product exposure to the elements or other acts of God. THE EXPRESS WARRANTIES PROVIDED HEREIN ARE OFFERED IN LIEU OF ALL OTHER WARRANTIES, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, XYLEM'S REPLACEMENT OF OR CREDIT FOR DEFECTIVE PARTS AS DESCRIBED HEREIN SHALL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES AND XYLEM SHALL HAVE NO ADDITIONAL OBLIGATIONS. XYLEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE TO PURCHASER OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED IN AND BY THIS WARRANTY. XYLEM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING BY OPERATION OF LAW, COURSE OF DEALING OR CUSTOM OF TRADE). XYLEM SHALL NOT BECOME LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER BY VIRTUE OF A PURCHASE AGREEMENT, THIS WARRANTY, ANCILLARY AGREEMENTS ENTERED INTO IN CONJUNCTION WITH THE FOREGOING OR ANY OTHER DOCUMENTS) FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECULATIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE INCLUDING WITHOUT LIMITATION PURCHASER'S OR ANY THIRD PARTIES' LOST PROFITS WHICH MAY RESULT FROM, BE CAUSED BY OR ARISE OUT OF: (I) BREACH OF ANY WARRANTY, REPRESENTATION OR GUARANTEE MADE BY XYLEM; (II) THE USE, OR COST OF USE, OF THE PRODUCTS; OR (III) XYLEM's PERFORMANCE OF ANY REMEDIAL WORK REQUIRED BY THIS WARRANTY. This warranty applies only to Products sold within North America and South America. Some states in the United States of America do not allow limitations of how long an implied warranty extends, or the exclusion of incidental, indirect, special or consequential damages, so that the above limitation or exclusion may not apply to you. In some Canadian provinces legislation provides for certain additional warranties or remedies other than as stated herein, and to the extent that they may not be waived, the limitations and exclusions set out above may not apply. This Warranty provides specific legal rights; other rights may be available, but may vary from state to state or from province to province. gb132608_2 10/2006. This policy is subject to change. godwin Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 Limited Product Warranty Godwin Dri-Prime® Pump XYlern Lef's Solve Water Subject to the terms and conditions below, Xylem Dewatering Solutions, Inc. ("Xylem") warrants that products manufactured by it (other than components subject to an OEM Warranty) (collectively, the "Products"), when used as intended and designed, shall be free from defects in material and/or workmanship for the applicable Warranty Period. Warranty coverage for new Products sold to the original owner begins on the date of shipment for a period of twelve (12) months or an accumulation of two thousand (2,000) hours of use, whichever occurs first (the "Warranty Period"). Engines, motors and driven components carry a separate manufacturer's (OEM) warranty (the "OEM Warranties"), unless otherwise expressly stated. OEM Warranties are in addition to this Warranty. All Warranty claims for defects in material and/or workmanship involving OEM components must be directed through the OEM distributor/dealer network. OEM Warranties may vary and are subject to change. Xylem shall have no liability under OEM warranties. Warranty claims must be submitted promptly to Xylem in writing at 84 Floodgate Road, Bridgeport NJ 08014, Attn: Warranty/Service Dept., and actually received within the applicable Warranty Period, including proof of purchase and describing in detail: (i) the applicable Warranty, (ii) the claimed Product deficiency, defect or failure, (iii) Product information required by Xylem, and (iv) sales or purchase order for any replacement parts (sent to Xylem Parts Sales Department). Returns must have prior written authorization from Xylem. Purchaser's exclusive remedies under this Warranty shall be, at Xylem's sole discretion: (i) replacement parts; or (ii) credit for the approved costs for replacement parts. These remedies are expressly limited to the replacement of the defective part(s) and do not include the replacement of the entire Product. Xylem shall not be held responsible for travel expenses, rented equipment, outside contractor's fees or unauthorized repair shop expenses. Xylem neither assumes nor authorizes any person or other company to assume for it, any other obligation in connection with the sale of its equipment. Any enlargement or modification of this by a representative or other sales agent is their exclusive responsibility. Transportation charges shall be borne by the Buyer. The Warranty does not cover any incidental or consequential costs or damages, including without limitation and not necessarily limited to: shipping or associated transportation charges, travel to and from repair sites, damages related to the loss of use, lost rentals, re -rental expenses and damages to property or other equipment. The warranty covers the above-described portable pumping equipment when used for pumping non- corrosive liquids containing limited quantities of abrasive particles in compliance with technical manuals and Company representations. This warranty shall extend only to the original owner and shall not apply to replacement of non -defective parts (such as seals, wear plates, and impellers) that may wear and need to be replaced with reasonable use within the warranty period or which may require replacement in connection with normal maintenance (such as fluids, filters, and belts). Additionally, this Warranty shall not apply to the extent Product defect has been caused by any of the following: (i) Product operator negligence or intentional misconduct (other than by Xylem), (ii) casualty or accident to the Products; (iii) use and operation of the Products not in conformance with Xylem's training and/or operation manuals, or operation exceeding Xylem ratings for the Products, including misuse and abuse; godwin xyL Lef's Solve Water Dewatering Solutions 84 Floodgate Road, Bridgeport, NJ 08014 Tel +1.856.467.3636 Fax +1.856.467.2419 (iv) operation, maintenance and/or service of the Products not in conformance with Xylem's recommended operation, maintenance and/or service schedules; (v) improper installation (other than by Xylem) not in material conformance with Xylem specifications; (vi) unauthorized modification of or alternations to the Products; (vii) improper load sizing (other than by Xylem); (vii) transportation damage; or (ix) Product exposure to the elements or other acts of God. THE EXPRESS WARRANTIES PROVIDED HEREIN ARE OFFERED IN LIEU OF ALL OTHER WARRANTIES, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, XYLEM'S REPLACEMENT OF OR CREDIT FOR DEFECTIVE PARTS AS DESCRIBED HEREIN SHALL BE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES AND XYLEM SHALL HAVE NO ADDITIONAL OBLIGATIONS. XYLEM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE TO PURCHASER OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED IN AND BY THIS WARRANTY. XYLEM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING BY OPERATION OF LAW, COURSE OF DEALING OR CUSTOM OF TRADE). XYLEM SHALL NOT BECOME LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER BY VIRTUE OF A PURCHASE AGREEMENT, THIS WARRANTY, ANCILLARY AGREEMENTS ENTERED INTO IN CONJUNCTION WITH THE FOREGOING OR ANY OTHER DOCUMENTS) FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECULATIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE INCLUDING WITHOUT LIMITATION PURCHASER'S OR ANY THIRD PARTIES' LOST PROFITS WHICH MAY RESULT FROM, BE CAUSED BY OR ARISE OUT OF: (I) BREACH OF ANY WARRANTY, REPRESENTATION OR GUARANTEE MADE BY XYLEM; (II) THE USE, OR COST OF USE, OF THE PRODUCTS; OR (III) XYLEM's PERFORMANCE OF ANY REMEDIAL WORK REQUIRED BY THIS WARRANTY. This warranty applies only to Products sold within North America and South America. Some states in the United States of America do not allow limitations of how long an implied warranty extends, or the exclusion of incidental, indirect, special or consequential damages, so that the above limitation or exclusion may not apply to you. In some Canadian provinces legislation provides for certain additional warranties or remedies other than as stated herein, and to the extent that they may not be waived, the limitations and exclusions set out above may not apply. This Warranty provides specific legal rights; other rights may be available, but may vary from state to state or from province to province. gb132608_2 10/2006. This policy is subject to change. godwin WEG Electric Corp. WARRANTY TERMS FOR WEG AUTOMATION PRODUCTS WEG Automation products are warranted against defects in workmanship and materials for eighteen (18) months from invoicing date if the following requirements are met: Suitable transportation, handling and storage; Correct installation within the specified environmental conditions and without the presence of corrosive agents; Operation within the designed capacity limits; Performing of scheduled preventive maintenance; Repairs and/or modifications only made by authorized WEG service; In the case of any deficiency, the equipment must be available for a sufficient period of time such that the technician can identify the cause of the failure and undertake the proper repairs; The purchaser must report any faults immediately so that WEG Automation can verify the workmanship or material failure. The repair services during the warranty period can be made, at WEG's discretion, at the purchaser's location, at an authorized Service Center, if available, or at the WEG Electric factory. The warranty does not apply to disassembling and assembling services at purchaser facilities, product or part transportation costs, travel tickets, hotel accommodation, food expenses and overtime of service people, when the services are performed in the customer facilities. Also, components such as fuses and components in which the useful life in normal use is shorter than the warranty period are excluded from this Warranty. Repairs and/or replacements of parts or products made at WEG discretion within the Warranty period do not prolong the original warranty period. The present warranty is limited only to the supplied product, and WEG shall not have any obligation for personal injuries, third parties, damage to other equipment or facilities, loss of profits or consequential damages. WEG Electric Corp. 6655 Sugarloaf pkwy., Duluth, GA 30097 Phone 678-249-2000 www.weg.net/us CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-264449 Date Filed: 09/22/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Xylem Dewatering Solutions, Inc. Bridgeport, 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. Xylem - Godwin Diesel Pumps, hoses, adapters, Rental Equipment, Sale Equipment 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. urns `�`'.1PRY 4?ii SHELIA FLORES ,Notary Public, State of Texas '.---Y3.,.^.,(4:-- Comm. Expires 04-04-2021 � _ - Nr :;,;, Notary ID 126261891 �� —: �� Signature of authorized agent of contracting-business entity AmisimmotsmoimpoiwoomilliMiL AFFIX NOTARY STAMP / SEAL ABOVE /�nd Swnwto and subscribed before me, by the said Da kid l.ad ew � Q ,this the l` day of � (Jt 20_ t' to certify which, witness my hand and seal of office. J , i(isJa 1.1--LP)424) %1e l i ck. foe 3 I sri r ScLle5 Fe f . 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 V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 DATE: November 7, 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 KimB2@cctexas.com (361) 826-3169 Purchase of Pump, Motor and Services for the Utilities Department, a One-year Service Agreement for a Total Amount not to Exceed $484,437.50, with Two One- year Extension Option Periods and a Total Potential Multi-year amount of $1,453,312.50 CAPTION: Resolution finding that the purchase of pumps, motors, and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city's residents, is a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one- year service agreement, with two one-year extension options, with Xylem Water Solutions USA, Inc. of Carrollton, Texas, for a total amount not to exceed $484,437.50, of which $403,697.92 is funded in FY2017-18 from the Wastewater and Storm Water Funds, with a total potential multi-year not -to -exceed amount of $1,453,312.50. PURPOSE: The purpose of this agreement will provide Flygt brand pumps, motors and services for the Utilities Department's Wastewater and Water plants. BACKGROUND AND FINDINGS: Flygt a Xylem brand, has been the standard pumping equipment for most of the Wastewater Lift stations, Wastewater Treatment Plants, and Storm water pumping stations in operation throughout the City for many years. Flygt pump/motor units are currently installed throughout the City. Repair services, and the purchase of new equipment are critical to ensure optimum operating requirements are compliant with TCEQ regulations. 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: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $693,500.00 $1,049,614.58 $1,743,114.58 Encumbered / Expended Amount $19,185.41 $0.00 $19,185.41 This item $403,697.92 $1,049,614.58 $1,453,312.50 BALANCE $270,616.67 $0.00 $270,616.67 Fund(s): Wastewater Fund and Storm Water Fund Comments: The initial contract is for an amount not to exceed $484,437.50, of which $403,697.01 is funded in FY2017-18. The contract amount will be a not to exceed $1,453,312.50 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Resolution Price Sheet Resolution finding that the purchase of pumps, motors, and services for the Utilities Department is necessary to preserve and protect the public health and safety of the city's residents, is a sole source procurement, and consists of captive replacement parts and components for equipment; authorizing the City Manager, or designee, to execute a one-year service agreement, with two one-year extension options, with Xylem Water Solutions USA, Inc. of Carrollton, Texas, for a total amount not to exceed $484,437.50, of which $403,697.92 is funded in FY2017-18 from the Wastewater and Storm Water Funds, with a total potential multi-year not -to -exceed amount of $1,453,312.50. WHEREAS, Xylem Water Solutions USA, Inc., will provide Flygt brand pumps, motors, and services for the Wastewater Lift Stations, Wastewater Treatment Plants and Storm Water Pump Stations of the Utilities Department, which are critical in sustaining the Wastewater and Storm Water Divisions' operational reliability for service; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, the City Council finds that there are three statutory exceptions for this procurement in Local Government Code, Sections 252.022(a)(2), (a)(7)(A), and (a)(7)(D), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. 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 one-year service agreement, with two one-year extension options, with Xylem Water Solutions, U.S.A., Inc. of Carrollton, Texas, based on health and safety needs, as a sole source, and as captive replacement parts or components for equipment for a total amount not to exceed $484,437.50, of which $403,697.92 is funded in FY2017-18 from the Wastewater and Storm Water Funds, with FY2017-18 funding from the Wastewater and Storm Water Funds, with a total potential multi-year not -to -exceed amount of $1,453,312.50. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas day of , 20 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 Page 2 of 2 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: Item # Description Unit Qty Unit Price Total Price Parts / Materials Estimated Mark-up 1 Parts/Materials* EA $275,000.00 % C $0245, . 2 Shipping Allowance for Parts/Materials EA $10,000.00 $ \c3, ° ` 3 Environmental Fee Allowance EA $5,000.00 $ St 0,e Labor 4 Shop Mechanic (ST) M -F 8:00-5:00 HR 1,700 $ € (,)i $Feet 000. 5 Shop Mechanic(OT) Afferhours, Weekends, Holidays HR 90 $ I. c•.'"). 00 $ b 6 Field Tech (ST) M -F 8:00 — 5:00 HR 50 $125 • oQ $ t a.®E 7 Field Tech (OT) Afferhours, Weekends, Holidays HR 25 ${ ' 5° $ ` € . sea TOTAL $ Ygq, °f 3- S *Total Price will be $275,000 plus mark-up. -Ei S UsA NAME OF PERSON AUTHORIZED TO SIGN: \ tL A A-cI b h ADDRESS: Zc)29 IJ• ( iH(t; %x:, CITY / STATE: Ce Cry- PHONE: ff PHONE: 36;),/. 8�S Bfa FAX: 3(4 2? - Z1 EMAIL: 1/4-c. aNlc . eya DATE: 1 o ( [ l R -- e CaM SIGNATURE: TITLE: ChlSW 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 SERVICE AGREEMENT NO. 1393 Purchase of Pump, Motor and Services for the Utilities Department - Flygt THIS Purchase of Pump, Motor and Services for the Utilities Department - Flygt Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Xylem Water Solutions, USA, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Purchase of Pump, Motor and Services for the Utilities Department - Flygt 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 Purchase of Pump, Motor and Services for the Utilities Department - Flygt ("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 twelve-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 $484,437.50, 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 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 001 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 Rd. Corpus Christi, Texas 78415 Fax: (361) 826-1715 IF TO CONTRACTOR: Xylem Water Solutions USA, Inc Attn: Frank Pardo Sales Representative 1929 Saratoga Blvd.#29, Corpus Christi, Texas 78417 Fax: (361) 225-2965 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 Signatur= Printed Name: Fie—An • Title:At=S Date: l Q( 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: C ontra ctor's Bid/Proposal Resp onse Service Agreement Stand ard Form Page F1ofa Approved as to Legal Form 9/18/17 Attachment A- Scope of Work 4.1 General Requirements The Contractor shall provide pump and motor repairs and sales for all Flygt brand pumps/motors at Wastewater Lift Stations, Wastewater Treatment Plants, and Stormwater Pump Stations for the City of Corpus Christi Utilities Department -Wastewater and Stormwater Divisions. 4.2 Scope of work A. Repairs a. The City's pump inventory, outlined in Section 4.3, consists of approximately 253 Flygt pump/motor units, with HP range and distribution as follows: HP Range Percentage 2.2 - 25 69% 26-50 24% 75 - 215 7% b. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal and submersible pumps and motors from 2 - 215 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o - rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re -oil and/or grease, testing. d. The City will deliver the equipment for repair, and will pick-up equipment when the repair is complete. e. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. f. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time, and outline the reason for delay. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, if requested and approved by a City representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) 7. Equipment replacement cost and lead time for new equipment 1 g. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. h. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. i. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. j. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). k. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. I. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the Contract Administrator. m. Authorization for work will be sent by Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. n. Overtime hours must be authorized in writing by a City representative. o. The Contractor shall provide a one year warranty for workmanship and parts/materials. B. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. C. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City's expense. b. The City reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by the City. d. The City reserves the right to audit Contractor's project costs at any time during the contract term. 2 e. The City's equipment in Contractor's possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 4.3 Work Site Locations and Conditions Lift Station # Lift Station Name Address # of Pumps HP 1 Wood River 4601 Spring Creek Dr. 3 88 2 River Canyon 13842 River Ridge Dr. 2 20 3 Cynthia 5210 Cynthia St. 2 3 4 Ramos 4810 Ramos 2 3 5 Sharpsburg 4412 Sharpsburg Rd. 3 44 6 Highway 77 3386 County Road 52 2 3 7 Nueces Acres 11501 Haven Dr. 2 10 8 Solar Estates 9201 Moonlight St. 2 5 9 Clarkwood North 2001 Clarkwood Road 2 47 10 De Dietrich 150 McKenzie Road 2 10 11 Northwest Crossing 1921 Oregon Trail 3 30 12 Clarkwood South 1025 Clarkwood Road 2 20 13 Lakes Northwest 3614 Perfection Lake 2 20 14 Highway Nine 6724 Leopard Street 2 20 15 Airport International Airport 2 47 16 Levi County Jail 745 N.P.I.D. 2 7.5 17 Coastal Meadows 6868 Old Brownsville Rd. 2 10 18 Arcadia 2221 S. Staples St. 5 2-20; 3-47 19 Port/Pearse Port/Pearse 6 2-25; 4-75 20 Trojan 1901 Trojan Avenue 2 2.5 21 Greenwood WWTP 6541 Greenwood Dr. 10 35 22 Sacky 3200 Sacky Street 3 25 23 Kostoryz 6261 Kostoryz Rd. 3 35 24 Rose Acres 2946 FM 763 2 7.5 25 Charlie's Place 5505 McBride Ln. 2 2.4 26 Nueces Bay 2100 Nueces Bay Blvd. 2 3 27 Rincon North "B" Rincon Ind. West of H.W. 181 2 5 28 Rincon North "A" Rincon Ind. West of H.W. 181 2 5 29 North Beach "E" 702 Enchanted Harbor 2 5 30 North Beach "B" 3002 Timon Blvd. 3 30 31 North Beach "C" 3818 Surfside 3 10 32 North Beach "D" 4320 Timon Blvd. 2 10 33 Resaca 945 Resaca St. 6 215 34 Coopers Alley "L" Head 200 S. Shoreline Blvd. 2 3 & 5 3 Lift Station # Lift Station Name Address # of Pumps HP 35 Magee Beach 500 S. Shoreline Blvd. 2 2.5 36 Cole Park 1500 Ocean Drive 2 5 37 Bay Drive 7845 Bay Drive 3 10 38 Oleander 2900 Ocean Drive 1 3 39 Wooldridge II 8001 Wooldridge Rd. 2 10 40 Everhart/Staples 780 Everhart Rd. 3 20 41 Starry 7701 Starry Lane 2 47 42 Slough 7924 Slough Road 2 7.5 43 Webers Glen 4051 Aaron 2 20 44 The Lakes 7335 Everhart Road 3 20 45 Station 5 6528 S. Staples 3 45 46 Buckingham 7101 S. Staples 2 20 47 Cimarron 7401 Cimarron 2 20 48 Kings Crossing 8401 Cimarron 2 10 49 Airline 3302 Airline 2 20 50 TAMU-CC 6300 Ocean Dr. 2 9.4 51 Pelican Bay 1418 Ennis Joslin 2 5 52 Greenfields by the Bay 7310 Canadian Dr. 3 30 53 Sugar Tree 8050 S.P.I.D. 2 20 54 Anchor Harbor 8102 S.P.I.D. 2 10 55 Jamaica 2902 Jamaica 3 30 56 Turtle Cove 9547 Blue Jay St. 2 20 57 Wal-Mart 9441 S.P.I.D. 2 7.5 58 Flour Bluff 2326 Flour Bluff Dr. 2 20 59 Rhetta Place 2442 Vialoux 2 5 60 Waldron 610 Blossum 3 35 61 Purdue 630 Purdue 2 7.5 62 Gateway Park 1143 Laguna Shores 2 2.6 63 Laguna Shores 2902 Laguna Shores Rd. 4 47 64 Riviera 138 Riviera 2 18 65 Rex 4046 Whitely 2 5 66 Kennedy Causeway 13301 S.P.LD. 2 5 67 Seahorse 14300 Dorsel Street 2 5 68 Swordfish 14500 Swordfish Street 2 5 69 Jackfish 14124 Jackfish Street 2 20 70 Verdemar 14501 Verdemar Street 2 7.5 71 Park Road 53 11125 Park Road 53 2 2.2 72 Tesoro 13618 Port Royal Ct. 2 5 73 Cumana 15600 Cumana Street 2 5 74 Coquina Bay 13921 Sea Pines Blvd. 2 5 75 Sea Pines 14192 Sea Pines Blvd. 2 7.5 76 Gypsy 15601 Gypsy Street 2 10 77 Padre Island Section 4 14201 Whitecap Blvd. 2 10 78 Lake Padre South 14501 Whitecap Blvd. 2 20 4 Lift Station # Lift Station Name Address # of Pumps HP 79 Leeward 14865 Runninglight Drive 2 20 80 Zahn 125 Zahn Rd. 2 23 81 JFK Causeway II 13317 S.P.I.D. 2 5 WWTP # Plant Name Address # of Pumps HP (Range) 1 Allison WWTP 4104 Allison Dr. 12 5 - 25 2 Greenwood WWTP 6541 Greenwood Dr. 9 5 - 25 3 Laguna Madre WWTP 201 Jester 6 5 - 25 4 Oso WWTP 601 Nile 21 5 - 25 5 Whitecap 13409 Whitecap Blvd. 2 5 - 25 SW Pump Station # Pump Station Name Address # of Pumps HP (Range) 1 Kinney St. Pump Station 302 N. Shoreline Blvd. 7 5 - 25 4.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1. Purchase Order (PO) number 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (to include % of mark-up) for each repair invoice 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative 4.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to return to the City. 5 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: Item # Description Unit Qty Unit Price Total Price Parts / Materials Estimated Mark-up 1 Parts/Materials* EA $275,000.00 % C $0245, . 2 Shipping Allowance for Parts/Materials EA $10,000.00 $ \c3, ° ` 3 Environmental Fee Allowance EA $5,000.00 $ St 0,e Labor 4 Shop Mechanic (ST) M -F 8:00-5:00 HR 1,700 $ € (,)i $Feet 000. 5 Shop Mechanic(OT) Afferhours, Weekends, Holidays HR 90 $ I. c•.'"). 00 $ b 6 Field Tech (ST) M -F 8:00 — 5:00 HR 50 $125 • oQ $ t a.®E 7 Field Tech (OT) Afferhours, Weekends, Holidays HR 25 ${ ' 5° $ ` € . sea TOTAL $ Ygq, °f 3- S *Total Price will be $275,000 plus mark-up. -Ei S UsA NAME OF PERSON AUTHORIZED TO SIGN: \ tL A A-cI b h ADDRESS: Zc)29 IJ• ( iH(t; %x:, CITY / STATE: Ce Cry- PHONE: ff PHONE: 36;),/. 8�S Bfa FAX: 3(4 2? - Z1 EMAIL: 1/4-c. aNlc . eya DATE: 1 o ( [ l R -- e CaM SIGNATURE: TITLE: ChlSW 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 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 rnust 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 51,000,000 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. 1n 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 throughuut the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall he given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ® Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract, 2017 insurance Requirements Utilities —Wastewater Lift Stations Pump and Motor Sales and Repairs 07/10/2017 s•.v Risk Management RFQ Revised 7.13.2017 exyterbnd Attachment D - Warranty Requirements WARRANTY Xylem Water Solutions USA, Inc. For the period defined, Xylem Water Solutions USA, Inc. offers a commercial warranty to the original End Purchaser against defects in workmanship and material on Flygt Products. Warranty covers Flygt parts and labor as outlined in ADDENDUM — A COVERAGE: Xylem Water Solutions USA, Inc. will pay the cost of parts and labor during the warranty period, provided that the Flygt product, with cable attached, is returned prepaid to a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt Product repairs. Coverage for Flygt parts and labor will be provided for the period shown in ADDENDUM - A. The warranty period will begin from date of shipment or date of a valid Start-up (For permanently installed pumps only). In cases where the Start-up date is used as the beginning of the warranty on a permanently installed Flygt pump, a Start-up Report completed by an approved service technician from a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt products must tie received by the Xylem Water Solutions USA, Inc. Area Service Manager for Flygt Products within thirty (30) days of the initial onset of the unit placed into service. If not received, the beginning of the warranty coverage will default to the Flygt product ship date A Start-up for a permanently installed Flygt pump must occur within one (1) year from the date of shipment from a Xylem Water Solutions USA, Inc. authorized facility for Flygt Products or warranty will automatically default to ship date as start of warranty. (See STORAGE section) When using the start-up date as the beginning of the warranty, a copy of the Start-up Report will be required to support any Warranty Claims. Warranty on Flygt Dewatering pumps will begin with ship date only. No other date on Flygt Dewatering pumps will be considered. Xylem Water Solutions USA, Inc 's sole obligation under this Warranty for Flygt ProducI shall be to replace, repair or grant credit for Flygt Products upon Xylem Water Solutions USA, Inc.'s exclusive determination that the Flygt Product does not conform to the above warranty. In the event that the Flygt product is replaced, warranty on the replacement product will be equal to the balance remaining on the original product or ninety (99) days, which ever is greater. MISUSE: This Warranty shall not apply to any Flygt product or part of Ftygt product which (i) has been subjected to misuse, misapplication, accident, alteration, neglect, or physical damage (ii) has been installed, operated, used and/or maintained in a manner which is in an application that is contrary to Xylem Water Solutions USA, Inc.'s printed instructions as it pertains to installation, operation and maintenance of Flygt Products, including but without limitation to (iii) operation of equipment without being connected to monitoring devices supplied with specific products for protection; or (iv) damaged due to a defective power supply, improper electrical protection, faulty installation or repair, ordinary wear and tear, corrosion or chemical attack, an act of God, an act of war or by an act of terrorism; or (v) has been damaged resulting from the use of accessory equipment not sold by Xylem Water Solutions USA, Inc. or not approved by Xylem Water Solutions USA, Inc. in connection with Flygt products. WEAR PARTS: This warranty does not cover costs for standard and/or scheduled maintenance performed, nor does it cover Flygt parts that, by virtue of their operation, require replacement through normal wear (aka: Wear Parts), unless a defect in material or workmanship can be determined by Xylem Water Solutions USA, Inc.. Wear Parts are defined as Cutters, Cutting Plates, Impellers, Agitators, Diffusers, Wear Rings (Stationary or Rotating), Volutes (when used in an abrasive environment), oil, grease, cooling fluids and/or any items deemed necessary to perform and meet the requirements of normal maintenance on all Flygt equipment. xylem Ian klb•IVANr Vcr 12 12031? a xytom brand WARRANTY Xylem Water Solutions USA, Inc. DISCLAIMERS: (1) Xylem Water Solutions USA, Inc.'s warranties are null and void when Flygt Products are exported outside of the United States of America without the knowledge and written consent of Xylem Water Solutions USA, Inc.; (ii) Xylem Water Solutions USA, Inc. makes no independent warranty or representation with respect to parts or products manufactured by others and provided by Xylem Water Solutions USA, Inc. (however, Xylem Water Solutions USA, Inc. will extend to the Purchaser any warranty received from Xylem Water Solutions USA, Inc.'s supplier for such parts or products), LIMITATIONS: XYLEM WATER SOLUTIONS USA, INC. NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON OR COMPANY TO ASSUME FOR XYLEM WATER SOLUTIONS USA, INC., ANY OTHER OBLIGATION IN CONNECTION WITH THE SALE OF ITS FLYGT EQUIPMENT. ANY ENLARGEMENT OR MODIFICATION OF THIS WARRANTY BY A FLYGT PRODUCT DISTRIBUTOR, OR OTHER SELLING AGENT SHALL BECOME THE EXCLUSIVE RESPONSIBILITY OF SUCH ENTITY. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO FLYGT PRODUCT(S), INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. PURCHASER'S EXCLUSIVE REMEDY AND XYLEM WATER SOLUTIONS USA, INC.'S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES IS LIMITED TO REPAIRING OR REPLACING FLYGT PRODUCTS AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER HEREUNDER. IN NO EVENT IS XYLEM WATER SOLUTIONS USA, INC. LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. XYLEM WATER SOLUTIONS USA, INC. WILL NOT BE HEW RESPONSIBLE FOR TRAVEL EXPENSES, RENTED EQUIPMENT, OUTSIDE CONTRACTOR'S FEES, OR ANY EXPENSES ASSOCIATED WITH A FLYGT PRODUCT REPAIR SHOP NOT AUTHORIZED BY XYLEM WATER SOLUTIONS USA, INC. U.S.A., INC. REIMBURSEMENT COSTS FOR CRANES AND/OR ANY SPECIAL EQUIPMENT USED IN CONJUNCTION FOR THE REMOVAL AND/OR REINSTALLATION OF ANY FLYGT EQUIPMENT I5 NOT COVERED UNDER THIS WARRANTY. ANY UNAUTHORIZED ALTERATIONS TO SUPPLIED FLYGT EQUIPMENT USED WITHOUT XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLE OR CONTROLS WILL NOT BE COVERED UNDER THIS WARRANTY, UNLESS 1T CAN BE PROVEN SUCH ANCILLARY EQUIPMENT I5 SUITABLE FOR THE PURPOSE AND EQUAL TO XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLES OR CONTROLS THAT WOULD ORIGINALLY HAVE BEEN SUPPLIED WITH THE TYPE OF EQUIPMENT IN USE. REQUIREMENTS: A copy of Electrical System Schematics of the Control used (including a Control's Bill of Material) could be required to support a Warranty Claim when a non Flygt Brand Control is used. In addition, a written record, hereby known as "the log", will be associated with each unit serial number and must be maintained by the organization having product maintenance responsibility. The log must record each preventative maintenance activity and any repair activity during the fife of the warranty or verification that a Xylem Water Solutions USA, Inc. authorized Service Contract for Flygt Products is in force and must be available for review and/or auditing. Failure to meet these conditions could render this warrant null and void. Such Togs could be required to determine warranty coverage. Xytefn lea saw Mr. Ver 12-12031_ Vi r e • C < G Mentha 1 D O n r- .a `C m 8 cno E 2 LL 8 >- IN o 2 �__._ c OO _ - s- N a O Fberg ass Pwr,p Stabor. 100% (From Ship Dale) n ^ u 100% Control Boxes Nona. MSHA etc.) (From Ship TOPS contra! panes :permanently rsta edl Date) 100% 3045 3057 SX (From Ship Date) 109%Parts - ` A new F,ygt part; mocha/,.co .: c;ucln al I (From Ship Date) PRODUCT SERIES AND CONFIGURATION 3000 Series (CP NP DP C7 NT GZ NZ LL) 4000 Series (SR, PP) 7000 Senes IPL) Standard Control Panels (FSCP — permanonl.y installed) 0 cztC U a g o n T 0 ' v e: O X C O a C O c o0, a 9 Q cm Enc c n LE CI_ 3000 Series (MP MF Mi -1 FP, FS FT HP 1-15) 5000 Series (HP HS 1 8000.280 Senes (DP DZ DT 05 DF) 2000 Series (B5 KS) 3000 Series CS NS DS 8000 280 Serres IDS DF Q 0 = a a C g c a 4 w x U 7 7 a Axial Flow/ Mixed Flow/ Centnfugal Pump,,Mixers Flygl Standard Control Panels (FSCP) ETO Electrical Control Panels a 0 a a aaw 0 0 w 0 c IY o m U C a 4 a 2 a' � C b p TOPS 0 a O y N Q 1 Hydro a:eclor&J Aerators Portable Pump Contra s TOPS Coritrol Panes Sma Pumps 0. E 0. rn LL. 0 u c_ 0 0 is 0 0 O m v r O m w 0 D m N CO • -o 0N C • m y S o O 0 N 2 In 3 N • o LL a a c. a V N • C N 0 • N u Z al 0 f S N tea, 0 cON m▪ o 0. c 0 � U 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: 2017-260797 Date Filed: 09/14/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Xylem Water Solutions USA, Inc Carrollton, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Pump and Motor Repairs for WW Repair Services for submersible pumps and motors 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 1. -- �T. iNotuyiD#124876919l 10 4ilk,�r I My Commission Expires April 4, 2020 ( ' Signature of authorized anen of contracting business entity �ra , this the 1,4-Nel day of Nt f ' AFFIX NOTARY STAMP Sworn to and subscribed 20 irk , to certify / SEAL ABOVE before me, by the said which, witness my hand and e ( 1�C,f�(J1 Dv` seal of office. X12 to ccr� �A to � 10 ► "`ks -1 t) li cke Signature of officer admi Itte tering oath Printed name of officer adrIufiistering 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 November 7, 2017 Action Item for the City Council Meeting November 14, 2017 DATE: October 16, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Interlocal Agreement with TAMU-CC for Environmental Monitoring, a one-year service agreement for a total amount not to exceed $170,134, with two one- year extension option periods and a total potential multi-year not to exceed amount of $525,867 CAPTION: Resolution authorizing the City Manager, or designee, to execute a one-year Interlocal Agreement, with two one-year extension options, with Texas A & M University — Corpus Christi for environmental monitoring, for a total amount not to exceed $170,134, with a total potential multi-year not to exceed amount of $525,867. PURPOSE: The Corpus Christi Water Utilities Department (CCWUD) seeks approval to enter into an Interlocal Agreement with Texas A&M University -Corpus Christi, Conrad Blucher Institute for Surveying and Science to continue to operate and maintain thirteen real-time environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and within the City of Corpus Christi. BACKGROUND AND FINDINGS: The Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University — Corpus Christi (TAMUCC) has been operating and maintaining various environmental monitoring stations for the City of Corpus Christi since 1991. Nueces Bay and Nueces River water quality monitoring stations will primarily report water temperature, specific conductance, and salinity and will secondarily report dissolved oxygen, and pH. This data is vital to determine the quantity and frequency of fresh water pass through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Wesley Seale Dam. Oso Creek water level monitoring stations will report air gap clearance, stage, air temperature, relative humidity, barometric pressure, and liquid precipitation. This data will assist CCWUD in monitoring Oso Creek water levels in relation to adjacent infrastructure and facilities. Corpus Christi meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. These stations help CCWUD determine the frequency of collection of water samples during rain events in order to satisfy the storm water runoff (MS4) permit. An alert system also sends email notifications when rainfall values reach certain thresholds. ALTERNATIVES: Do not approve Interlocal Agreement. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to guidelines regarding Interlocal Agency Agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Water Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 170,134 $ 170,134 Encumbered / Expended Amount 0 0 This item $170,134 $ 170,134 BALANCE $170,134 $ 170,134 Fund(s): Water Fund 4010 Comments: Funds have been budgeted for this item. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement with Texas A&M University -Corpus Christi, Conrad Blucher Institute for Surveying and Science Resolution authorizing the City Manager, or designee, to execute a one-year Interlocal Agreement, with two one-year extension options, with Texas A & M University — Corpus Christi for environmental monitoring, for a total amount not to exceed $170,134, with a total potential multi-year not to exceed amount of $525,867 WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute a one-year Interlocal Agreement, with two one-year extension options, with Texas A & M University - Corpus Christi for environmental monitoring, for a total amount not to exceed $170,134, with a total potential multi-year not to exceed amount of $525,867. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of Joe McComb Mayor The above resolution was passed by the following vote: Mayor Joe McComb Rudy Garza Paulette Guajardo Debbie Lindsey -Opel Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI REGARDING ENVIRONMENTAL MONITORING STATIONS WHEREAS, Texas A & M University — Corpus Christi ("TAMU-CC) and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; NOW, THEREFORE, the parties hereto agree as follows* 1. PURPOSE. The purpose of this Agreement is for TAMU-CC. acting through its Conrad Blucher Institute for Surveying and Science, to perform operation and maintenance of 13 environmental monitoring stations for the City of Corpus Christi in Nueces Bay, Nueces River, Oso Creek, and throughout Corpus Christi, further described in Exhibit A Statement of Work. 2. STATEMENT OF WORK. TAMU-CC acting through its Conrad Blucher Institute for Surveying and Science agrees to perform services as outlined in Exhibit A for each year of this Agreement. 3. PERIOD OF PERFORMANCE. The initial term of this Agreement is January 1, 2018 through December 31, 2018 unless terminated as provided herein. This Agreement may be renewed for up to two additional one-year terms by written agreement of the City Manager and authorized representative from TAMU-CC, unless terminated as provided herein. 4. FEES FOR SERVICES PROVIDED. A. For January 1 2018 through December 31, 2018, the City agrees to pay TAMU-CC up to $170,134 as payment in full for all services provided herein, as further outlined on Exhibit B. The payment shall be paid on a monthly basis upon receipt and review of monthly invoice. In subsequent years of this Agreement, the fee to be paid by the City for services performed by TAMU-CC under this Agreement shall not be increased by more than three percent each year. B. These payments are payment in full for all TAMU-CC costs to perform all of the the services described in Exhibit A for each twelve month term. Each party acknowledges that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year which ends September 30 is subject to the annual City budget process and appropriation of funds. If funds are not appropriated sufficient to pay for this Contract in the then -current City budget year, then this Contract shall terminate upon ten business days' written notice and City shall have no further payment obligation to TAMU-CC. Page 1 of 4 D. TAMU-CC shall submit a fixed-price monthly invoice. 5. TERMINATION. Performance under this agreement may be terminated by either party, with or without cause, upon 30 days' written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University — Corpus Christi Attn: Ahmed Mandy Interim Vice President, Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 5844 Corpus Christi, Texas 78412-5844 City of Corpus Christi Attn: Utilities Director P.O. Box 9277 Corpus Christi, TX, 78469 7. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 8. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and Texas A & M University- Corpus Christi agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative, to be effective as of date of last signature. Page 2 of 4 Texas A&M University — Corpus Christi Mayra A. Digitally signed by Mayra A. Hough Hough Date: 2017.10.30 By for 1 10:09:54 -05'00' Name: Dr. Ahmed Mandy Title: Interim Vice President, Research, Commercialization and Outreach Date: 10/30/2017 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta Margie C. Rose City Secretary City Manager APPROVED AS TO FORM: This . day of , 2017 Lisa Aguilar, Assistant City Attorney For City Attorney To be inserted: Exhibit A Statement of Work Exhibit B Costs for Services Page 4 of 4 CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Exhibit A Gabriel Ramirez 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Gabriel and Reba, ,.,W.. r ,....r., Research S1xcialiss 11 Conrad Blucher Instituiv rorSurveying and Science College of Science and Engineering fi;vn OCEAN DRIVE, UNIT 5799 Cc »1l'US Cl iIIST 1. i.xRs78412 0 3111,8z5,5.759 • C 361.438.6594 October 22nd, 2017 Reba George 1201 Leopard St. City of Corpus Christi Corpus Christi, TX 78412 The statements of work covered herein are submitted to the City of Corpus Christi Utilities Department (CCUD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain operation of environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and within the City of Corpus Christi. PROPOSED SCOPE OF WORK FOR NUECES BAY AND NUECES RIVER WATER QUALITY MONITORING, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2018 SUMMARY Operation and maintenance of thirteen real-time environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and throughout the City of Corpus Christi will continue to be covered under this agreement. Corpus Christi meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. Nueces Bay and Nueces River water quality monitoring stations will primarily report water temperature, specific conductance, and salinity and will secondarily report dissolved oxygen, and pH. Oso Creek water level monitoring stations will report air gap clearance, stage, air temperature, relative humidity, barometric pressure, and liquid precipitation. All data will be available in graphical and tabular format on CBI's website, http://cbi.tamucc.edu, for the duration of the project period. Additional management resources concerning Nueces Bay water quality monitoring can be found at http://www.cbi.tamucc.edu/Nueces-BavWater-Quality- Monitoring/. This proposal covers a period of 12 months. Page 1 of 7 RESEARCH OBJECTIVES Nueces Bav and Nueces River Water Quality Monitoring The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining real-time salinity monitoring stations in Nueces Bay and in Nueces River for the City of Corpus Christi since November 1991 in order to help better understand the effects of freshwater inflows on salinity into the Nueces Bay system. The data collected will be used to help the City of Corpus Christi water supply managers determine the quantity and frequency of fresh water pass through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Lake Corpus Christi Wesley Seale Dam. Other benefits of the data collection include collaboration with other researchers in the Nueces delta, namely, the Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute (UTMSI) at Port Aransas, the Coastal Bend Bays and Estuaries Program (CBBEP) and the U.S. Army Corps of Engineers (USACE) Fort Worth District. Nueces Bay salinity monitoring by CBI consists of two monitoring stations: SALT01 (27° 50' 21" N, 97° 26' 38" W) and SALT03 (27° 51' 5" N, 970 28' 55" W) and one monitoring station in Nueces River: SALT05 (27° 53' 30" N 97° 36' 37" W). These stations consist of a Hach Hydrolab M55 water quality datasonde, cellular modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system. Primary parameters measured at all monitoring stations include salinity, specific conductance and water temperature. Additionally, ancillary parameters are measured including dissolved oxygen, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as an indicator of freshwater movement. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. The City has designed and built a diversion channel and pumping system that, when activated, pumps freshwater from the Nueces River into the Nueces delta and adjacent wetlands starting at the head of the Rincon Bayou channel. The freshwater diversion pumping system is designed to redirect freshwater flowing into Nueces Bay proper to the Nueces Delta in order to most effectively utilize available freshwater by diverting it to the area with the most potential for increased biological productivity. Currently, UTMSI, HRI, and CCS are conducting long-term ecological studies of the effects of this diversion. Two salinity monitoring stations (NUDE2: 27° 53' 19" N, 970 34' 10" W and NUDE3: 27° 53' 1" N, 97° 31' 59" W) located along the Rincon Bayou were established in 2009 to determine the fate of freshwater diversions from the pipeline. The salinity monitoring stations located in the Nueces Delta are funded by the CBBEP and are not covered in the scope of this proposal but are a part of an overarching hydrodynamic monitoring system. Page 2 of 7 Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuernavaca (OCWL01: ^'27° 43' 18.26" N 970 27' 28.55" W), Weber Rd. near Yorktown Blvd. (OCWL02: ^'27° 41' 19.82" N 97° 25' 45.36" W) and at Staples St. near Oso Pkwy. (OCWL03: "'27° 39' 24.89" N 97° 24' 5.89" W). These stations consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT-520 weather transmitter, cellular modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level monitoring stations will assist the CCUD in monitoring Oso Creek water levels in relation to adjacent infrastructure. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at TAMUCC (CCWXAM: 27° 42' 54" N 970 19' 43" W), Rodd Field Rd near Wooldridge Rd (CCWXRF: 27° 40' 34" N 97° 21' 9" W), Carmel Pkwy near S Alameda St (CCWXCM: 27° 43' 54" N 97° 22' 40" W), Cedar Pass Dr. near Sun Valley Dr. (CCWXCP: 27° 41' 6" N 97° 25' 0" W), Del -Mar college east campus (CCWXDE: 27° 45' 51" N 970 24' 15" W), Del -Mar college west campus (CCWXDW: 27° 46' 24" N 97° 26' 24" W) and in Calallen at the Nueces River pump station (CCWX07: 27° 52' 4.2" N 970 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, cellular modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. These stations help City technicians determine frequency of collection of water samples during rain events in order to satisfy their storm water runoff (MS4) permit. A webpage was developed to assist City technicians monitor rainfall at http://www.cbi.tamucc.edu/ccrl/. An alert system was also developed to automatically send e- mail notifications to City technicians when rainfall values reach certain thresholds. Both the rainfall display and e-mail alert systems will continued to be supported and maintained throughout the project period. STATION SERVICE AND MAINTENANCE Nueces Bay and Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station every 2-3 weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During a site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent salinity readings will be taken with a portable refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. Full inspections will be made annually during which the voltage output of every component on the Page 3 of 7 power system will be checked, pictures of every station component will be taken, backup log files will be downloaded, the cellular signal will be checked, clock times will be checked and synchronized, etc. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publicly available at all times. Oso Creek Water Level Monitoring Regular maintenance on water level stations will be conducted every six months during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced. The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visit has been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publicly available at all times. Corpus Christi Meteorological Monitoring Regular maintenance on meteorological stations will be conducted every six months during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. The weather transmitter will be replaced with a calibrated sensor every two years as per manufacturer recommendation. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publicly available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. Each monitoring station is polled every six minutes from which data are automatically disseminated online via CBI custom polling software. All data stored in the CBI database are publicly available at http://cbi.tamucc.edu and will be available for retrieval during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors Page 4 of 7 affecting the data will be posted as a message on each station's webpage. Daily salinity reports of Nueces Bay are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthru/index.php). Monthly salinity levels in relation to the upper and lower salinity bounds are found at http://Iighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab M55s will be serviced and calibrated at a wetlab at TAMUCC. Instruments will be calibrated based on manufacturer recommendation during which the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific C5475 Radar Water Level Sensor The Campbell Scientific C5475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not Page 5 of 7 enough funds are available, the CCUD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCUD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCUD and the Nueces River Authority (NRA). The CBI will work with staff at the CCUD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by various entities including the Center for Coastal Studies, Coastal Bend Bays and Estuaries Program, Harte Research Institute, University of Texas Marine Science Institute, etc. CBI will establish additional collaborative efforts as needed to support this and other projects. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University -- Corpus Christi hereby agrees for the duration of 12 months (January 1st, 2018 through December 31it, 2018) to perform all services necessary to provide environmental monitoring, as described in this proposal. The budget for January 1St, 2018 through December 315t, 2018 is $170,134 and is outlined below. The year 1 award amount will be invoiced in equal, monthly installments over the first 12 -month period of this contract. A new proposal will be provided for each year of continuing service, and it is anticipated that the proposed annual budget for this project will increase by three percent per year. Page 6 of 7 Exhibit B BUDGET SUMMARY TOTAL Salaries & Benefits $96,430 Travel Pool $9,855 Supplies $16,560 Other Expenses • Datasonde service contract • Verizon/Sprint monthly modem cost • Freight $6,150 $2,936 $100 Indirect $44,169 TOTAL $170,134 Page 7 of 7 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 DATE: TO: FROM: November 7, 2017 Margie C. Rose, City Manager Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services - Purchasing KimB2@cctexas.com (361) 826-3169 Service Agreements for Mowing and Grounds Maintenance Services of Street Right - Of -Ways, Medians and Circles Groups 3, 4, 5A, 5B, 5C, and 6 for Parks and Recreation CAPTION: Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for street rights-of-way, medians, and circles for Groups 3, 4, 5A, 5B, 5C, and 6 by group number in response to Bid No. 1232; awarding a 36 -month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $512,400.00, of which $156,566.63 is funded for FY2017-18 by the Parks and Recreation Department. CC Academy 12 Lawn Service Corpus Christi, Texas Groups 3, 5B, and 6 $168,900.00 PURPOSE: Cornerstone Lawn Service Aransas Pass, Texas Group 4 $150,000.00 Grand Total: $512,400.00 Tony's Lawn Service Rockport, Texas Groups 5A and 5C $193,500.00 To approve service agreements with CC Academy 12 Lawn Service, Cornerstone Lawn Service and Tony's Lawn Service to provide mowing and grounds maintenance services of street right-of-ways, medians and circles for groups 3, 4, 5A, 5B, and 6. BACKGROUND AND FINDINGS: The mowing and grounds maintenance services of street right-of-ways, medians and circles assist in ensuring that the grounds at each site are safe, secure, and presentable at all times. The estimated cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $878,472, in this case, it is beneficial for the City to contract out these mowing parcels. The department currently does not have the appropriate staffing level or equipment to maintain the additional acreage. The request for bids was issued, and nine bids were received and evaluated. The lowest responsible bidder rejected all groups stating that they could not perform the work for the bid cost; therefore, staff is recommending the second lowest bidder CC Academy 12 Lawn Service for groups 3, 5B, and 6. After the second lowest bidder CC Academy 12 Lawn Service declined the offers for Groups 4, 5A, and 5C, staff also recommends that Cornerstone Lawn Service be awarded Group 4 and Tony's Lawn Service be awarded Groups 5A and 5C. ALTERNATIVES: If not approved, the mowing would then go to internal departments which do not have the staffing level or equipment necessary to perform the work. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $796,260.20 $355,833.37 $1,152,093.57 Encumbered / Expended Amount $113,702.48 $0 $113,702.48 This item $156,566.63 $355,833.37 $512,400.00 BALANCE $525,991.09 $0 $525,991.09 Fund(s): StormWater Comments: The $512,400.00 financial impact shown above represents the total cost of these agreements, of which $156,566.63 is funded in the FY2017-18. The remaining contract balance will be funded through future fiscal years. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement No. 1232 CC Academy 12 Lawn Service Service Agreement No. 1412 Cornerstone Lawn Service Service Agreement No. 1413 Tony's Lawn Service Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for street rights-of-way, medians, and circles for Groups 3, 4, 5A, 5B, 5C, and 6 by group number in response to Bid No. 1232; awarding a 36 -month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $512,400.00, of which $156,566.63 is funded for FY2017-18 by the Parks and Recreation Department. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and grounds maintenance for street rights-of- way, medians, and circles by Groups 3, 4, 5A, 5B, 5C, and 6 in response to Bid No. 1232, of which only the lowest responsive, responsible bidder per group number may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid No. 1232 that a contract would be awarded to the lowest responsive, responsible bidder per group number; WHEREAS, the City Council finds that Aspen Lawn Services of Corpus Christi was the lowest responsive, responsible bidder for all groups but declined possible contract awards for those groups; and additionally finds that CC Academy 12 Lawn Service of Corpus Christi was the lowest responsive, responsible bidder for Groups 4, 5A, and 5C but declined possible contract awards for those groups; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Groups 3, 5B, and 6 is CC Academy 12 Lawn Service of Corpus Christi, for an amount not to exceed $168,900; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Group 4 is Cornerstone Lawn Service of Aransas Pass, Texas, for an amount not to exceed $150,000; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Groups 5A and 5C is Tony's Lawn Service of Rockport, Texas, for an amount not to exceed $193,500; and WHEREAS, in the event the lowest responsive, responsible bidder of either group fails to execute the contract for the awarded group number or fails to perform under a contract for any awarded group number, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for the applicable group number with the next lowest bidder, in succession, in order to secure replacement grounds maintenance and landscape services contracts for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that CC Academy 12 Lawn Service is the lowest responsive, responsible bidder for Groups 3 ($58,500), 5B ($60,000), and 6 ($50,400) and is awarded a combined total contract for an amount not to exceed $168,900.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that Cornerstone Lawn Service is the lowest responsive, responsible bidder for Group 4 and is awarded a contract for an amount not to exceed $150,000.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 4. The City Council finds that Tony's Lawn Service is the lowest responsive, responsible bidder for Groups 5A ($171,900) and 5C ($21,600) and is awarded a combined total contract for an amount not to exceed $193,500.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 5. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No. 1232. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. ATTEST: 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 Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ BID TABULATION BID NO. 1232 MOWING AND GROUNDS MAINTENANCE SERVICES OF STREET R -O -W, MEDIANS AND CIRCLES ITEM DESCRIPTION CYCLES Cornerstone Lawn Service Aransas Pass, TX CML Services, LLC Corpus Christi, TX Dorame General Repair & Lawn, LLC Corpus Christi, TX Tony's Lawn Rockport, Service TX "`Aspen Lawn Services Corpus Christi, TX Maldonado Nursery and Landscaping, Inc San Antonio, TX Tuff Environmental Senices, LLC Odem, D( Charlton Holding LLC dba Lawn in Order Corpus Christi, TX CC Academy 12 Lawn Service Corpus Christi, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Year One- Group 3 20 $1,500.00 $30,000.00 $1,879.50 $37,590.00 $1,440.95 $28,819.00 $1,065.00 $21,300.00 $90.00 $1,800.00 $1,630.00 $32,600.00 $4,345.00 $86,900.00 $1,200.00 $24,000.00 $975.00 $19,500.00 2 Year Two- Group 3 20 $1,500.00 $30,000.00 $1,879.50 $37,590.00 $1,440.95 $28,819.00 $1,065.00 $21,300.00 $90.00 $1,800.00 $1,630.00 $32,600.00 $4,345.00 $86,900.00 $1,200.00 $24,000.00 $975.00 $19,500.00 3 Year Three- Group 3 20 $1,500.00 $30,000.00 $1,879.50 $37,590.00 $1,440.95 $28,819.00 $1,065.00 $21,300.00 $90.00 $1,800.00 $1,630.00 $32,600.00 $4,345.00 $86,900.00 $1,200.00 $24,000.00 $975.00 $19,500.00 GROUP 3 TOTAL $90,000.00 $112,770.00 $86,457.00 $63,900.00 $5,400.00 $97,800.00 $260,700.00 $72,000.00 $58,500.00 4 Year One- Group 4 20 $2,500.00 $50,000.00 $5,145.00 $102,900.00 $3,773.00 $75,460.00 $2,572.00 $51,440.00 $85.00 $1,700.00 $4,459.00 $89,180.00 $7,770.00 $155,400.00 $2,692.55 $53,851.00 $1,475.00 $29,500.00 5 Year Two Group 4 20 $2,500.00 $50,000.00 $5,145.00 $102,900.00 $3,773.00 $75,460.00 $2,572.00 $51,440.00 $85.00 $1,700.00 $4,459.00 $89,180.00 $7,770.00 $155,400.00 $2,692.55 $53,851.00 $1,475.00 $29,500.00 6 Year Three- Group 4 20 $2,500.00 $50,000.00 $5,145.00 $102,900.00 $3,773.00 $75,460.00 $2,572.00 $51,440.00 $85.00 $1,700.00 $4,459.00 $89,180.00 $7,770.00 $155,400.00 $2,692.55 $53,851.00 $1,475.00 $29,500.00 GROUP 4 TOTAL $150,000.00 $308,700.00 $226,380.00 $154,320.00 $5,100.00 $267,540.00 $466,200.00 $161,553.00 $88,500.00 7 Year One - Group 5A 20 $2,900.00 $58,000.00 $5,733.00 $114,660.00 $4,800.00 $96,000.00 $2,865.00 $57,300.00 $90.00 $1,800.00 $4,968.60 $99,372.00 $7,900.00 $158,000.00 $3,000.27 $60,005.40 $1,650.00 $33,000.00 8 Year Two - Group 5A 20 $2,900.00 $58,000.00 $5,733.00 $114,660.00 $4,800.00 $96,000.00 $2,865.00 $57,300.00 $90.00 $1,800.00 $4,968.60 $99,372.00 $7,900.00 $158,000.00 $3,000.27 $60,005.40 $1,650.00 $33,000.00 9 Year Three- Group 5A 20 $2,900.00 $58,000.00 $5,733.00 $114,660.00 $4,800.00 $96,000.00 $2,865.00 $57,300.00 $90.00 $1,800.00 $4,968.60 $99,372.00 $7,900.00 $158,000.00 $3,000.27 $60,005.40 $1,650.00 $33,000.00 GROUP 5A TOTAL $174,000.00 $343,980.00 $288,000.00 $171,900.00. $5,400.00 $298,116.00 $474,000.00 $180,016.20 $99,000.00 10 Year One- Group 5B 20 $2,000.00 $40,000.00 $2,722.50 $54,450.00 $1,679.00 $33,580.00 $1,361.00 $27,220.00 $80.00 $1,600.00 $2,359.00 $47,180.00 $3,450.00 $69,000.00 $1,524.60 $30,492.00 $1,000.00 $20,000.00 11 Year Two- Group 5B 20 $2,000.00 $40,000.00 $2,722.50 $54,450.00 $1,679.00 $33,580.00 $1,361.00 $27,220.00 $80.00 $1,600.00 $2,359.00 $47,180.00 $3,450.00 $69,000.00 $1,524.60 $30,492.00 $1,000.00 $20,000.00 12 Year Three- Group 5B 20 $2,000.00 $40,000.00 $2,722.50 $54,450.00 $1,679.00 $33,580.00 $1,361.00 $27,220.00 $80.00 $1,600.00 $2,359.00 $47,180.00 $3,450.00 $69,000.00 $1,524.60 $30,492.00 $1,000.00 $20,000.00 GROUP 5B TOTAL $120,000.00 $163,350.00 $100,740.00 $81,660.00 $4,800.00 $141,540.00 $207,000.00 $91,476.00 $60,000.00 13 Year One - Group 5C 12 $16,666.64 $199,999.68 $16,000.00 $192,000.00 No Bid No Bid $600.00 $7,200.00 $480.00 $5,760.00 $6,800.00 $81,600.00 No Bid No Bid $12,000.00 $144,000.00 $160.00 $1,920.00 14 Year Two- Group 5C 12 $16,666.64 $199,999.68 $16,000.00 $192,000.00 No Bid No Bid $600.00 $7,200.00 $480.00 $5,760.00 $6,800.00 $81,600.00 No Bid No Bid $12,000.00 $144,000.00 $160.00 $1,920.00 15 Year Three Group 5C 12 $16,666.64 $199,999.68 $16,000.00 $192,000.00 No Bid No Bid $600.00 $7,200.00 $480.00 $5,760.00 $6,800.00 $81,600.00 No Bid No Bid $12,000.00 $144,000.00 $160.00 $1,920.00 GROUP 5C TOTAL $599,999.04 $576,000.00 $0.00 $21,600.00 $17,280.00 $244,800.00 $0.00 $432,000.00 $5,760.00 16 42 $1,000.00 $42,000.00 $975.00 $40,950.00 $1,400.00 $58,800.00 $960.00 $40,320.00 $90.00 $3,780.00 $975.00 $40,950.00 $1,725.00 $72,450.00 $595.00 $24,990.00 $400.00 $16,800.00 Year One Group 6 17 Year Two - Group 6 42 $1,000.00 $42,000.00 $975.00 $40,950.00 $1,400.00 $58,800.00 $960.00 $40,320.00 $90.00 $3,780.00 $975.00 $40,950.00 $1,725.00 $72,450.00 $595.00 $24,990.00 $400.00 $16,800.00 18 Year Three- Group 6 42 $1,000.00 $42,000.00 $975.00 $40,950.00 $1,400.00 $58,800.00 $960.00 $40,320.00 $90.00 $3,780.00 $975.00 $40,950.00 $1,725.00 $72,450.00 $595.00 $24,990.00 $400.00 $16,800.00 GROUP 6 TOTAL $126,000.00 $122,850.00 $176,400.00 $120,960.00 $11,340.00 $122,850.00 $217,350.00 $74,970.00 $50,400.00 NOTE: **Aspen Lawn Serivces was the lowest responsible bidder for Groups 3, 4, 5A, 5B, 5C, and 6, however, Aspen Laswn Serivces declined the offers. CC Academy 12 Lawn Service was the second lowest bidder for Groups 3, 4, 5A, 5B, 5C, and 6, they declined the offer for Groups 4, 5A, and 5C, therefore recommendatoin for the thrid lowest bidders for each group is being recommended for the award. Cornerstone Lawn Service is being recommended for Group 4 and Tony's Lawn Service is being recommended for Groups 5A and 5C. SERVICE AGREEMENT NO. 1232 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles for Groups 3, 5B, and 6 THIS Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles for Groups 3, 5B, and 6 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and CC Academy 12 Lawn Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maitnenance services of street right-of-ways, medians and circles for groups 3, 5B, and 6 in response to Request for Bid/Proposal No. 1232 ("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 mowing and grounds maintenance services of street right-of-ways, medians and circles for groups 3, 5B, and 6 ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $168,900.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Charles Gurley Parks and Recreation Department Phone: (361) 826-1934 Email: CharlesGu@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Charles Gurley Park Opertations Supervisor 5352 Ayers, Corpus Christi, Texas 78415 Fax: (361) 826-4473 IF TO CONTRACTOR: CC Academy 12 Lawn Service Attn: Francis O'Donnell Owner 82 Lake Shore Drive, Corpus Christi, Texas 78413 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: Fr�cbs-ODom4eU Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1232 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Scope of Work 1. General Requirements/Background Information The City of Corpus Christi seeks a qualified contractor or contractors to provide Mowing and Grounds maintenance services of Street Right -of -Ways, Medians and Circles and ensure that the grounds at each site are safe, secure, and presentable at all time. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services at all City's property. 2. Scope of Work Services are required for a complete Mowing and Ground Maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibits A, B, and C. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Page 1 of 13 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimming Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. D. Cycles Description Improve Right -of -Ways Groups 3 and 5B • Growing season (March through October) Twice a month - 16 cycles • Non -growing season (November through February) Monthly - 4 cycles Total Cycles - 20 Improve Right -of -Way Group 6 • Growing season (March through October) Weekly - 34 cycles • Non -growing season (November through February) Twice a month - 8 cycles Total Cycles - 42 1. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Page 2 of 13 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. E. Edging 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A,D, and E. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. Page 3 of 13 C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 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. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to Page 4 of 13 traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever Page 5 of 13 action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 13 Exhibit A -Locations ITEM GROUP Group 3 Street Right of Ways, Medians 7 Circles AREA/LOCATION ACRES 1 G3-2 ALAMEDA TERRACE 5800 ALAMEDA N. SIDE 0.44 2 G3-4 LUM TRIANGLE 700 AIRLINE RD. @ LUM AVE. 0.18 3 G3 5 S. STAPLES STRIP 4500 S. STAPLES WEST SIDE @ COLLINGSWOOD 0.21 4 G3-6 MUSTANG R.O.W. MUSTANG TRAIL FROM GOLLIHAR RD. TO S. STAPLES ST. 0.21 5 G3-8 MCCALL STRIP MCCALL, NORTH SIDE FROM REID DR. TO ALAMEDA ST. 0.35 6 G3-10 TEXAS TRIANGLE TEXAS AND SWATNER 0.33 7 G3-12 DODDRIDGE DODDRIGE, NORTH SIDE POPE ST. TO FORT WORTH ST. W/ISLANDS 0.14 8 G3-14 KOSTORYZ KOSTORYZ, BOTH SIDES FROM S. STAPLES ST. TO BRAWNER PKWY. 2.38 9 G3 -14A KOSTORYZ KOSTORYZ, BOTH SIDES FROM HOLLY RD. TO SARATOGA BLVD. 3.59 10 G3-15 CARROLL LANE R.O.W. FROM GOLLIHAR RD. TO HARRIS ST. ON EAST SIDE OF CARROLL LN. FROM TWEET ST. TO TIGER LN. ON WEST SIDE, SOUTH OF SPID 0.50 1 1 G3 16 GOLLIHAR R.O.W. NORTH SIDE FROM CARROLL LN. TO HAMILIN ST. 0.85 12 G3 17 PARKDALE MEDIAN WHATABURGER WAY TO MARIE ST. (6 MEDIANS) 0.66 13 G3 18 STAPLES STRIP ANNAPOLIS ST. TO BRAWNER PKWY. - WEST SIDE ONLY 2.38 TOTAL ACRES 12.53 Page 7 of 13 Exhibit A Map Group 3 (G3-1, G3-3, G3-7, G3-9, G3-11 are excluded from this RFB) 0 E 4-1 1 1• C c 2 0 +116 0 ce v W, Kt-. Page 8 of 13 Exhibit D - Locations ITEM GROUP Group 5B Street Right of Ways, Medians & Circles AREA/LOCATION TX DOT TRIANGLE 1 G5 -B5 FLOUR BLUFF EXCHANGE FLOUR BLUFF © SPID - FROM RAMP TO RAMP ALONG ACCESS ROAD 2.70 2 G5 B6 SPID 1 AIRLINE TO OSO TURNAROUND, BOTH SIDES OF SPID 5.27 3 G5 B7 SPID 2 FLOUR BLUFF TO TURNAROUND AT CAYO DEL OSO 1.32 4 G5 B9 RODD FIELD RD. SPID TO SARATOGA, INCLUDING MEDIANS AT SARATOGA 8.86 TOTAL ACRES 18.15 Page 9 of 13 Exhibit D - Map STREET RIGHT OF WAYS, MEDIANS & CIRCLES Group 5B Page 10 of 13 Page 11 of 13 ITEM GROUP Group 6 Street Right of Ways, Medians & Circles AREA/LOCATION ACRES 1 G6-1 OCEAN DRIVE MEDIANS FROM CRAIG TO ENNIS JOSLIN 6.50 TOTAL ACRES 6.50 Page 12 of 13 EXHIBIT E - Map STREET RIGHT OF WAYS, MEDIANS & CIRCLES GROUP 6 Page 13 of 13 Date: Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1232 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles 8-25-17 Bidder oacatienv 12 rewn service Authorized Signature: 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 CycleUn s e pricYear Extended Price 1 One Group 3 Mowing, trimming, edging And fitter pick-up. 20 550.00 11,000.00 2 Year Two Group 3 Mowing, trimming, edging and Mier pickup, 20 000 11,000.00 3 Year Three Group 3 Mowing, trimming.. edging and litter pick-up. 20 550.00 11,000 00 1 of 3 Item ' 9 Detrition , files Unff [mice Extended Price Y, -s•, Ct.- And Utter • ' k- • Year Two and litterpick-up. Year Three - - and Niter pick-up. i • • .1,1 Item Year One Description Cycles Unit price Extended Price and er plc -up. i Year Three 9 and mer pick-up. Item Description 10 11 Year One op 5B Mg, AndGruriper pick-up.owin Year Two Group 56 Mowing, and fitter pick-up. 12 Year Three trimming, edging }rimming, edging Group 5B Mowing, trimming, edging and litter pick-up. Cycles 20 Unit price 750 00 20 20 2 of 3 750 00 750 00 Item Description QTY UnN Price Manitr Samucd Cost One Group 6 Mowing, trimming, edging and litter pick-up Year one Trim " • , - • c • and lifter • " k -u • . 400.00 . 17 1 I - 42 Year Two 16,810_00 18 Year rfar Group 6 Mowing, trimming, edging and I litter pick-up 42 Tran ' • , - • • : • • and fritter • " k -u • . 16.800 IX Year Three Trimmi • , - .. • i • and lifter . ' k -u • . Item Description CycleUn s e PricYear Extended Price 16 One Group 6 Mowing, trimming, edging and litter pick-up 42 400.00 168000 17 1 Year Two Group 6 Mowing, trimming, edging and Wier pick-up 42 400.00 16,810_00 18 Year rfar Group 6 Mowing, trimming, edging and I litter pick-up 42 I L 16.800 IX 3 of 3 Attachment C: Insurance/Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part 11 of (All States Endorsement if Company is not This Attachment. domiciled in Texas)Employer's Liability $500,000 / $500,000 / $500,000 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. 11. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written Page 1 of 3 on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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. ■ 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 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 Consultant 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 - Parks & Recreation Complete Grounds Maintenance 05/04/2017 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service agreement. Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 or 1 Crrrlctr F4, -r%1 4 a•vr r: G t►rrr It+r Ir*r ,•cr,? oil' ,.‘ Complete Not 1.2.1 S w'91 (, rt :hoer ,t'e n, rrrrrt'r.t wirer- k_ OFFICE USE ONLY CERTIFICATION OF FILING 1 Now of buittnest entity Ming form and i$w my, state seri cr-cu+tty of the Iw.inett entity's place of Ausintsi. CC Academy 12 lawn Service Carpue. Christi, 1)i tinted ST.Ves Certifkale Numfxr• 7017-272n0 Date Filed: Name of governmental fenny ra %ate agency that is a party t(1 the t nntrICt for which the form i9 being filed. City of Corpus Chi 1011612017 Data Acknowledged: 3 Provide the hlmt trcatrnn mrmher usc4 by the governmental entity or state agency to track or identify the contract, and provide a descrIptkn of the services, go, -ods, or ocher property to be provided under the contract 12:12 Lawn Sennet Id+ h+uwrx] ;tn Grounds Maintenance Services of Street Right -of -Ways, medians and Circles for Groups 3, 53. and 5. a Name of Interested Parry City, state, Country (place of business) Nature of interest (chock applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. o x 6 AFFIDAVIT I swear. or affirm, der Pen of a u that the above dlt �"! P rl' rY.cl©sure is L re and correct. .,".' lire, .3 LA, 1? L',4EIA S TAiN :a �,^ State 01 Te e:. `;q! Co -nm Exclres7•p1-2Ci0 i .. C-)---- -------------- N21ary ID 13072517C Signature o1 authorized agent of corl*,ract: g business entity AFFIX NOTARY STAMP I SEAL ABOVE sworn to and subscribed before roe, byte sand ! r ' ti ',' ,� ` �! this the 11 day of 0 C '('t.] 100. . Y 24 1 1 , to certify which, w ti ess my hand and seal of office. �`' [fi'r'ia) .L1'leb Signature of officer admsti,str i r`�__ Set; -c..1.1 L t tICri_ci, SA'ii I,-, Nc,` vckv LA, PLA. '-..., t t c oath Pnnted name of officer ad.1 nistering oath Tale of officer adrrunstenng oath Forms provided by Texas Ethics Commission wv w.ethics.state.tx,us Version V1.0.3337 Scanned by CamScanner SERVICE AGREEMENT NO. 1412 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles for Group 4 THIS Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles for Group 4 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Cornerstone Lawn Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services of street right-of-ways, medians and circles for group 4 in response to Request for Bid/Proposal No. 1232 ("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 mowing and grounds maintenance services of street right-of-ways, medians and circles for group 4 ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $150,000.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Charles Gurley Parks and Recreation Department Phone: (361) 826-1934 Email: CharlesGu@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Charles Gurley Park Operations Supervisor 5352 Ayers, Corpus Christi, Texas 78415 Fax: (361) 826-4473 IF TO CONTRACTOR: Cornerstone Lawn Service Attn: Don Boyd Shytles Owner P.O. Box1893, Aransas Pass, Texas 78335 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: Printed Name: Title: Owner Don B. Shytles Date: October 25, 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1232 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A: Scope of Work 1. General Requirements/Background Information The City of Corpus Christi seeks a qualified contractor or contractors to provide Mowing and Grounds maintenance services of Street Right -of -Ways, Medians and Circles and ensure that the grounds at each site are safe, secure, and presentable at all time. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services at all City's property. 2. Scope of Work Services are required for a complete Mowing and Ground Maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibit B. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Page 1 of 8 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimming Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. D. Cycles Description Improve Right -of -Ways Group 4 • Growing season (March through October) Twice a month - 16 cycles • Non -growing season (November through February) Monthly - 4 cycles Total Cycles - 20 1. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to Page 2 of 8 damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. E. Edging 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibit B. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. Page 3 of 8 D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 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. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish Page 4 of 8 the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the Page 5 of 8 discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 8 Exhibit B Locations ITEM GROUP Group 4 Street Right of Ways, Medians, & Circles AREA/LOCATION ACRES 1 G4-1 NAS TRIANGLE 700 WALDRON RD. @ NAS DR. 0.21 2 G4-2 BULL FINCH 9600 SPID 0.07 3 G4-3 PERRY PLACE CIRCLES 2 CIRCLES @ 8200 ARGONNE & PAUL JONES & 2 CIRCLES @ 8200 VETTERS @ PAUL JONES 0.23 4 G4-4 CARAVELLE MEDIANS 4 MEDIANS ON CARAVELLE PKWY AND WEBER TO LIPTONSHIRE 0.38 5 G4-5 CEDAR PASS/EVERHART 4700 CEDAR PASS SOUTHSIDE TO EVERHART WESTSIDE TO MEGAL 0.59 6 G4-6 SNOWGOOSE SNOWGOOSE, BRASEVALLEY TO WOOD DUCK, NORTH & SOUTH SIDE 0.59 7 G4-7 EVERHART EVERHART, SNOWGOOSE TO CEDAR PASS 0.42 8 G4-8 YORKTOWN MEDIANS/ R.O.W. YORKTOWN FROM EVERHART TO S. STAPLES NORTH & SOUTH SIDE 6.33 9 G4-9 CIMARRON R.O.W. CIMARRON WEST AND EAST SIDE, WOOLDRIDGE TO FITZHUGH 0.39 10 G4-10 DURRAN/DEWBERRY DURANT/DEWBERRY FROM WOOLDRIDGE TO FULTON 0.71 11 G4-11 PATTON PATTON, HOLLY TO WOOLDRIDGE 0.86 12 G4-12 INTENTIONALLY LEFT BLANK (NOT INCLUDED IN THIS RFB) - 13 G4 13 MISTY MEADOW MISTY MEADOW, SOUTHSIDE, CIMARRON TO CRICKET HOLLOW 0.08 14 G4-14 OSO PARKWAY Oso Parkway, Southside, Canadian to pass Keltic to end of fence &_Drainage Easement 1.71 15 G4-15 HOLLY RD., R.O.W. CROSSTOWN TO RODD FIELD RD. 17.38 16 G4-16 CLEOPATRA 800 CLEOPATRA 0.05 17 G4 17 NEW YORKTOWN MEDIANS/R.O.W. WEBER TO BEGINNING OF GREAT LAKES SUBDIVISION 4.64 TOTAL ACRES 34.30 Page 7 of 8 Exhibit B - Map Group 4 (G4-12 excluded from RFB) Page 8 of 8 0 Attachment B: Bid/Pricing Schedule ous vr� CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1232 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles -29-17 ��ge, Authorized ,4Q01(7(Bidder: y/ C�Q( y f�� Signature: ,tueronlz 1852 Date: 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 Cycles Unit price Extended Price Year One And litter pick-up. 41.11.114114111/1"1"W"""lim".111.4"14111111,1"11.11111�.__. Year Two and litter pick-up. 1 Year Three and litter pick-up. 1 of 3 Item Description Cycles prj Unit Extended Price 4 Year One Group 4 Mowing, trimming, edging And litter pick-up. 20 42p-o.ca5"-D CV iX4616`61T 6C9O �� 14S i 6 5 Year Two Group 4 Mowing, trimming, edging and litter pick-up. 20 ItK". 6 Year Three Group 4 Mowing, trimming, edging and litter pick-up. 20 Item Description Cycles priCe Extended Price Year One an 1 er pick-up. , , and litter pick-up. Year Three and litter pick-up. Item Description Cycles Unit price Extended Price Year One And litter pick-up. Year Two and litter pick-up. - ear Three and litter pick-up. 2 of 3 Item Description QTY Unit Month AnnuPrice al One Year One Trimming, edging and litter pick-up. Year Two Trimming, edging and litter pick-up. - MI 1111111M21.1111111111111 Year Two - - Year Three Trimming, edging and litter pick-up. Year Three 111111MIM MI Description EmEii Extended Price ICYear One IIMIIIMIlial - MI 1111111M21.1111111111111 Year Two - - Year Three 111111MIM 3of3 Attachment C: Insurance/Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part 11 of (All States Endorsement if Company is not This Attachment. domiciled in Texas)Employer's Liability $500,000 / $500,000 / $500,000 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. 11. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written Page 1 of 3 on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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. ■ 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 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 Consultant 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 - Parks & Recreation Complete Grounds Maintenance 05/04/2017 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service agreement. Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1f1 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: 2017-276503 Date Filed: 10/25/2017 Date Acknowledged: 1 Name of business entity filing forrn, and the city, state and country of the business entity's place of business. Cornerstone Lawn Service Aransas Pass, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the forrn 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. 1412 for RFB 1232 Group 4 Lawn Service for Street Right of Ways Medians and Circles for Group 4 4 Name of Interested Party City, State, Country (place of business) Nature o 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. :o4 Y .Pe�f DIANE PRATT :'t/`�� Comm. Expires 08.17.2021 xas :_. t`SsNotmy.Explrlic, sSt03-te of2021 //�i;,°,t " Notary ID 131049803 // AFFIX NOTARY STAMP / SEAL ABOVE Swam to and subscribed before me, by the said Signature of authorized agent .1contracting business entity I /� C G . ',f/�1 I ' / -/,f� NbON /—' , `-"' "`1 ' r GS , This the eaIpr" day of 0 i{/% 20 ) '7 . to certify which, witness niy hand and seal of office. ILAUL(AI'- 1RiO2 A rr Nefricry 9cl,bJ1L Signature of officer administering oath Printed name of officer administering oath Title of officer adr iiiiisterin oath syvk Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 Don B. Shytles Owner, Cornerstone Lawn Service P.O. Box 1893 Aransas Pass, Texas 78335 October 26, 2017 To Whom It May Concern: My Name is Don B. Shytles, 1 am the sole owner of Cornerstone Lawn Service a business engaged in providing lawn services. I have no employees that receive W -2's. I do hire part time independent/subcontractors that receive 1099's. I am executing this affidavit to attest to the truth of the above statements of business ownership and use of subcontractors, or for whatever legal purposes this may lawfully serve. Don B. Shytles Owner, Cornerstone Lawn Service Sincerely, /96,,,, ,lip2c/ STATE OF TEXAS COUNTY OF S PN P^-�R 1 G/O bek, //'^ In GR�Wg,y , on the 14 -'day of b , 20 17, before me, a Notary Public in and for the above state and county, personally appeared N' Q, hy�/e5, known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed. NOTARY PUBLIC My Commission Expires: 03- /7-29Z/ (SEAL) o �o�p"Y DIANE PRATT °a,: Notary Public, State of Texas 7:1*f^l14E- Comm. Expires 03.17-2021 a r`Q Notary ID 131048803 SERVICE AGREEMENT NO. 1413 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles for Groups 5A and 5C THIS Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles Groups for 5A and 5C Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Tony's Lawn Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services of street right-of-ways, medians and circles for groups 5A and 5C in response to Request for Bid/Proposal No. 1232 ("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 mowing and grounds maintenance services of street right-of-ways, medians and circles for groups 5A and 5C ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $193,500.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Charles Gurley Parks and Recreation Department Phone: (361) 826-1934 Email: CharlesGu@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Charles Gurley Park Operations Supervisor 5352 Ayers, Corpus Christi, Texas 78415 Fax: (361) 826-4473 IF TO CONTRACTOR: Tony's Lawn Service Attn: Juna Galnarez Owner P.O. Box 1914, Rockport, Texas 78382 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: LA a iVe Printed Name: iT cu' D7. u nor&Z Title: ouP Date: I pA/0/I1 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1232 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A: Scope of Work 1. General Requirements/Background Information The City of Corpus Christi seeks a qualified contractor or contractors to provide Mowing and Grounds maintenance services of Street Right -of -Ways, Medians and Circles and ensure that the grounds at each site are safe, secure, and presentable at all time. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services at all City's property. 2. Scope of Work Services are required for a complete Mowing and Ground Maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibits C and E. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Page 1 of 10 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimming Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. D. Cycles Description Improve Right -of -Ways Group 5A Growing season (March through October) Twice a month - 16 cycles Non -growing season (November through February) Monthly - 4 cycles Total Cycles - 20 Improve Right -of -Ways Group 5C Monthly - 12 cycles 1. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all Page 2 of 10 exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. E. Edging 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits C and E. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Page 3 of 10 Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 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. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the Page 4 of 10 mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another Page 5 of 10 inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 1 0% penalty for unsatisfactory or incomplete work. A 1 0% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 10 Exhibit C -Locations ITEM GROUP Group 5A Street Right of Ways, Medians 7 Circles AREA/LOCATION ACRES 1 G5 Al SARATOGA MEDIANS AND ROW RODDFIELD RD. TO CALLE CUERNAVACA 23.09 2 G5 -A2 NEW CROSSTOWN TINSELTOWN TO END OF SIDEWALK, SOUTH OF SARATOGA RD. END OF SIDEWALK SOUTH OF SARATOGA RD. TO CIVITAN 3.19 3 G5 -A3 CROSSTOWN S.P.I.D. TO PORT TURNAROUND, PORT TURNAROUND TO HORNE WITH TRIANGLE AT AYERS ST. 4.33 4 G5 A4 STAPLES OSO CREEK TO SARATOGA BLVD. 4.43 5 G5 A5 WEBER RD. SARATOGA RD TO END OF CURB AND SIDEWALK 2.76 6 G5 A6 AYERS ALLENCREST TO SARATOGA BLVD. 0.42 TOTAL ACRES 38.22 Page 7 of 10 EXHIBIT C - Map STREET RIGHT OF WAYS, MEDIANS & CIRCLES GROUP 5A Page 8 of 10 EXHIBIT C - Map STREET RIGHT OF WAYS, MEDIANS & CIRCLES GROUP 5-A6 azik t7 - i Page 9 of 10 Exhibit E - Locations ITEM GROUP Group 5C Street Right of Ways, Medians & Circles AREA/LOCATION TX DOT TRIANGLE 1 GS -CS EVERHART1 NORTH WEST _ 1 _ 1 2 G5 -C6 WEBER NORTH WEST 3 GS C7 WEBER NORTH WEST 4 G5 -C8 KOSTROYZ NORTH WEST 1 5 GS -C11 BROWNLEE CROSSTOWN EAST 1 6 G5 -C12 AYERS EAST SIDE IN FRONT OF WHATABURGER @ MEDIAN 1 7 G5 -C13 AYERS WEST SIDE @ SM. CONCRETE MEDIA 1 8 G5 -C14 AYERS SOUTH EAST 1 TOTAL TRIANGLES 8 Page 10 of 10 GO t3S C4tzt 11-1\�r �4CORPORI. EO 1852 Date: Bidder: Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1232 Mowing and Grounds Maintenance Services of Street Right -of -Ways, Medians and Circles $fct Authorized Signature: 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 Year One And litter pick-up. Year Two and litter pick-up. r Year Three and litter pick-up. Cycles Unit price Extended Price 1 of 3 Item Description Cycles Unit price Extended Price 7 Year One And litter pick-up. 20 7,S'6,5 �j�i © V 8 Year Two and litter pick-up. 20 2- S GS S / -3 9 Year Three and litter pick-up. 20 -1,g6 6/f 3 CO Item Description Cycles Unit price Extended Price 7 Year One Group 5A Mowing, trimming, edging and litter pick-up. 20 7,S'6,5 �j�i © V 8 Year Two Group 5A Mowing, trimming, edging and litter pick-up. 20 2- S GS S / -3 9 Year Three Group 5A Mowing, trimming, edging and litter pick-up. 20 -1,g6 6/f 3 CO Item Description Cycles Unit price Extended Price Year One i And litter pick-up. Year Two and litter pick-up. r Year Three and litter pick-up. 2 of 3 Item Description QTY Unit Price Month Annual Cost 13 Year One Group 5C Tx Dot Triangles Trimming, edging and litter pick-up. 8 D 6 12 Year Two litter pick-up 14 Year Two Group 5C Tx Dot Triangles Trimming, edging and litter pick-up. 8 6°0 12 -12 (9 6 15 Year Three Group 5C Tx Dot Triangles Trimming, edging and litter pick-up. 8 1,0 D 12 7 Item Description Cycles Unit Price Extended Price Year One litter pick-up Year Two litter pick-up Year Three litter pick-up 3c -)f3 Attachment C: Insurance/Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part 11 of (All States Endorsement if Company is not This Attachment. domiciled in Texas)Employer's Liability $500,000 / $500,000 / $500,000 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. 11. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written Page 1 of 3 on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 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. ■ 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Page 2 of 3 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 Consultant 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 - Parks & Recreation Complete Grounds Maintenance 05/04/2017 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. tony's lawn service rockport, TX United States Certificate Number: 2017-276129 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. tony 10/24/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1413 landscape mowing 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. 'O..`...;•; EVELYN W. DESROSIERS ' c :• My Notary ID # 125275646 ^rF•�, �;,' Expires April 22, 2021 , �,� y� (J� /v.'' AFFIX NOTARY Sworn to ISi''gnature of authoriz-d agent of contracting busin STAMP / SEAL ABOVE J and subscribed before me, by the said '.i:i ink Y1 G a T) a re7, this the 5 day s entity of 6071-4-11"1--' 20 17 , to certify which, witness my hand and seal of office. e , bL4 EVe( eVoStzv S I. � �+ o«e ,,Signature of o icer administering oath Printed name of officer administering oath Title of officer administering oath provided by Texas EthIcs Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 7, 2017 Action Item for the City Council Meeting of November 14, 2017 DATE: TO: FROM: November 7, 2017 Margie C. Rose, City Manager Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services - Purchasing KimB2@cctexas.com (361) 826-3169 Service Agreements for Grounds Maintenance and Landscape Services for Downtown Groups 2 and 3 for Parks and Recreation CAPTION: Resolution finding the lowest responsive, responsible bidder for grounds maintenance and landscape services for Downtown Groups 2 and 3 by group number in response to Bid No. 1195; awarding a 36 -month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $246,960.00, of which $75,460.00 is funded for FY2017-18 by the Parks and Recreation Department. Dorame General Repair & Lawn, LLC Corpus Christi, Texas Downtown Group 2 $193,410.00 PURPOSE: CC Academy 12 Lawn Service Corpus Christi, Texas Downtown Group 3 $53,550.00 Grand Total: $246,960.00 To approve service agreements with Dorame General Repair & Lawn, LLC and CC Academy 12 Lawn Service to provide grounds and landscape maintenance services for Downtown groups 2 and 3. BACKGROUND AND FINDINGS: The grounds and landscape maintenance agreements for the downtown area enhance the image of the downtown area by maintaining a high standard of care of all parks, right- of-ways and medians and to provide a safe and attractive downtown environment for the community. The estimated cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $416,732.40, in this case, it is beneficial for the City to contract out. The department currently does not have the appropriate staffing level or equipment to maintain the additional acreage. The request for bids was issued, and nine bids were received and evaluated. The lowest responsible bidder rejected all groups stating that they could not perform the work for the bid cost; the second lowest bidder CC Academy 12 Lawn Service declined the offer also; therefore, staff is recommending the third lowest bidder Dorame General Repair & Lawn, LLC for group 2; and recommending the second lowest bidder CC Academy 12 Lawn Service for group 3. ALTERNATIVES: If not approved, the grounds and landscaping service would then go to internal departments which do not have the staffing level or equipment necessary to perform the work. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $372,127.66 $171,500.00 $543,627.66 Encumbered / Expended Amount $75,738.35 $0 $75,738.35 This item $75,460.00 $171,500.00 $246,960.00 BALANCE $220,929.31 $0 $220,929.31 Fund(s): General and Visitor Facility Comments: The $246,960.00 financial impact shown above represents the total cost of these agreements, of which $75,460.00 is funded in the FY2017-18. The remaining contract balance will be funded through future fiscal years. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement No. 1195 Dorame General Services & Repair LLC Service Agreement No. 1397 CC Academy 12 Lawn Service Resolution finding the lowest responsive, responsible bidder for grounds maintenance and landscape services for Downtown Groups 2 and 3 by group number in response to Bid No. 1195; awarding a 36 -month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $246,960.00, of which $75,460.00 is funded for FY2017-18 by the Parks and Recreation Department. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for grounds maintenance and landscape services for Downtown Groups 2 and 3 in response to Bid No. 1195, of which only the lowest responsive, responsible bidder per group number may be awarded a grounds maintenance and landscape services contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid No. 1195 that a contract would be awarded to the lowest responsive, responsible bidder per group number; WHEREAS, the City Council finds that Aspen Lawn Services of Corpus Christi was the lowest responsive, responsible bidder for Groups 2 and 3 but declined a possible contract award for both groups; and additionally finds that CC Academy 12 Lawn Service of Corpus Christi was the lowest responsive, responsible bidder for Group 2 but declined a possible contract award for that group; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Group 2 is Dorame General Repair & Lawn, LLC, of Corpus Christi, for an amount not to exceed $193,410; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Group 3 is CC Academy 12 Lawn Service of Corpus Christi, for an amount not to exceed $53,550; and WHEREAS, in the event the lowest responsive, responsible bidder of either group fails to execute the contract for the awarded group number or fails to perform under a contract for any awarded group number, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for the applicable group number with the next lowest bidder, in succession, in order to secure replacement grounds maintenance and landscape services contracts for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Dorame General Repair & Lawn Service is the lowest responsive, responsible bidder for Downtown Group 2 in Bid No. 1195 and is awarded a contract not to exceed $193,410.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that CC Academy 12 Lawn Service is the lowest responsive, responsible bidder for Downtown Group 3 in Bid No. 1195 and is awarded a contract not to exceed $53,550.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No. 1195. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group or fails to perform under an executed contract for the awarded group, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement ground maintenance and landscape services for the City. ATTEST: 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 Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ BID TABULATION BID NO. 1195 GROUND MAINTENANCE AND LANDSCAPE SERVICES DOWNTOWN GROUPS 2 AND 3 ITEM DESCRIPTION CYCLES Cornerstone Lawn Service Aransas Pass, TX CML Services, LLC Corpus Christi, TX Dorame General Repair & Lawn, LLC Corpus Christi, TX Tony's Lawn Service Rockport, TX **Aspen Lawn Services Corpus Christi, TX Maldonado Nursery and Landscaping, Inc San Antonio, TX La Med Facility Maintenance San Antonio, TX Charlton Holding LLC dba Lawn in Order Corpus Christi, TX CC Academy 12 Lawn Service Corpus Christi, TX UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 2 3 YearOne- Downtown Group 2 YearTwo- Downtown Group 2 YearThree- Downtown Group2 42 42 42 $2,142.86 $2,142.86 $2,142.86 $90,000.12 $90,000.12 $90,000.12 $1,640.00 $1,640.00 $1,640.00 $68,880.00 $68,880.00 $68,880.00 $1,535.00 $1,535.00 $1,535.00 $64,470.00 $64,470.00 $64,470.00 $1,790.00 $1,790.00 $1,790.00 $75,180.00 $75,180.00 $75,180.00 $85.00 $85.00 $90.00 $3,570.00 $3,570.00 $3,780.00 $3,807.00 $3,807.00 $3,807.00 $159,894.00 $159,894.00 $159,894.00 $8,980.00 $8,980.00 $8,980.00 $377,160.00 $377,160.00 $377,160.00 $2,496.14 $2,496.14 $2,496.14 $104,837.88 $104,837.88 $104,837.88 $1,400.00 $1,400.00 $1,400.00 $58,800.00 $58,800.00 $58,800.00 4 5 6 GROUP 2 TOTAL YearOne- Downtown Group 3 YearTwo- Downtown Group 3 YearThree- Downtown Group3 42 42 42 $1,19048 $1,190.48 $1,190.48 $270,000.36 $50,000.16 $50,000.16 $50,000.16 $1,768.00 $1,768.00 $1,768.00 $206,640.00 $74,256.00 $74,256.00 $74,256.00 $1,400.00 $1,400.00 $1,400.00 $193,410.00 $960.00 $960.00 $960.00 $225,540.00 $40,320.00 $40,320.00 $40,320.00 $95.00 $95.00 $100.00 $10,920.00 $3,990.00 $3,990.00 $4,200.00 $1,148.00 $1,148.00 $1,148.00 $479,682.00 $48,216.00 $48,216.00 $48,216.00 $4,120.00 $4,120.00 $4,120.00 $1,131,480.00 $173,040.00 $173,040.00 $173,040.00 $669.20 $669.20 $669.20 $314,513.64 $28,106.40 $28,106.40 $28,106.40 ** $425.00 $425.00 $425.00 $176,400.00 $17,850.00 $17,850.00 $17,850.00 $58,800.00 $58,800.00 $58,800.00 GROUP 3 TOTAL $150,000.48 $222,768.00 $176,400.00 $120,960.00 ** $12,180.00 $144,648.00 $519,120.00 $84,319.20 $53,550.00 NOTE: **Aspen Lawn Services was the lowest responsible bidder for Downtown Groups 2 and 3, however, Aspen Lawn Services declined the offers. CC Academy 12 Lawn Service was the 2nd lowest resonsible bidder for both Downtown Group 2 and 3, they declined the offer for Downtown Group 2, therefore recommendation for Downtonw Group 2 is to the third lowest responsible bidder Dorame General Repair & Lawn LLC. The department agrees that the cost for Downtown Group 2 is fair and resonable. SERVICE AGREEMENT NO. 1195 GROUNDS AND LANDSCAPE MAINTENANCE SERVICES FOR DOWNTOWN GROUP 2 THIS Grounds and Landscape Maintenance Services for Downtown Group 2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Dorame General Repair & Lawn, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Grounds and Landscape Maintenance Services for Downtown Group 2 in response to Request for Bid/Proposal No. 1195 ("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 grounds and landscape maintenance services for downtown group 2 ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $193,410.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Charles Gurley Parks and Recreation Department Phone: (361) 826-1934 Email: CharlesGu@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Charles Gurley Park Operations Supervisor 5352 Ayers, Corpus Christi, Texas 78415 Fax: (361) 826-4473 IF TO CONTRACTOR: Dorame General Repair & Lawn, LLC Attn: Ramon Dorame President 4213 Hamlin Drive, Corpus Christi, Texas 78411 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: Printed Name: •9/72,14/ 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1 195 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A - Scope of Work 1. General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 2. Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit A and Exhibit B. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Page 1 of 8 Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description ROW/Storm Water Group 2 • Growing Season (March - November) Weekly - 34 cycles • Non -Growing Season (December - February) Bi -weekly - 8 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. i. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. Edging a. Cut all edges with a mechanical edging device (not a line trimmer) three times per year during the growing season. This includes all curbs and sidewalks Page 2 of 8 in Group 2. The first edging shall be completed in March, the second in June and the third in October. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Page 3 of 8 Pruning existing shrubs, qroundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit A and Exhibit B for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide Page 4 of 8 landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 5 of 8 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked MSDS notebook by the contractor. The Contractor shall also supply a copy of all MSDS sheets to the Contract Administrator. 7. Equipment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies (adequate in kind, quantity and quality) for professionally performing these services in manner that is satisfactory to the City's Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers (size of mower will vary per location) or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 8. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. Page 6 of 8 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 9. Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 7 of 8 Exhibit A Downtown Parks, Medians & Circles Group 2 ITEM MAINTENANCE AREA LOCATION ACRES 1 CHAPARRAL CIRCLE MESQUITE & CHAPARRAL 0.07 2 CHAPARRAL ST. TREE WELLS 137 TO BREWSTER 3 HARBOR PLAYHOUSE GROUNDS 1 BAYFRONT PARK, CHAPARRAL ST. 1.54 4 HERITAGE PARK 1500 BLK CHAPARRAL, HUGHES TO FITZGERALD 4.78 5 LOT 12, VACANT LOTS MESQUITE ST, RESACA TO HUGHES 1.37 6 MESQUITE MEDIANS BREWSTER TO HIRSCH, (WATER TOWER) 0.45 7 MESQUITE MEDIANS HIRSCH TO HARBOR 0.44 8 MESQUITE MEDIANS MESQUITE @ MUSEUM OF SCI & HIST 0.26 9 MUSEUM OF SCI & HIST, LOT 26 1900 N. CHAPARRAL 5.30 10 OLD BAYVIEW CEMETERY RAMIREZ & WACO 3.14 11 OVEAL WILLIAMS SR. CENTER 1414 MLK DR. 1.37 12 SEAMAN'S CENTER LOT 1501 MESQUITE 1.06 13 SMG LOT 10 HUGHES & CHAPARRAL 2.45 14 SMG LOT 2 RESACA TO BREWSTER 1.45 15 SMG LOT 21 & TRIANGLE & AMC TRIANGLE CONVENTION CNTR. ENTRANCE @ HUGHES 1.10 16 SMG LOT 24 BREWSTER & CHAPARRAL 1.02 17 SMG LOT 25 HIRSCH & CHAPARRAL 0.76 18 SMG LOT 5 FITZGERALD TO RESACA 2.22 19 TD MAINTENANCE YARD 1709 N MESQUITE 1.38 20 WATER GARDEN GROUNDS ARTS & SCI PARK, CHAPARRAL & HIRSCH& CORP ENG. 4.43 21 BAYFRONT FOUNTAIN PARK 1800 BLK N. SHORELINE @ RESACA 3.30 TOTAL 36.44 Page 8 of 8 u� CITY OF CORPUS BID FORM PURCHASING DIVISION No. 1195 Ground and Landscape Maintenance Downtown Groups 2 08/29/17 CHRISTI Services and 3 PAGE 1 OF 1 Go.�US w :::i° Aftii v virm� C P,9 submitting the Bidder Bidder Bidder 4v4RFB .c..PUfl 1852 Date: Bidder: 1. Refer completing 2. Quote 3. In a. b. c. d. Dorame General Repair & Lawn, LLC Authorized Signature: to "Instructions to Bidders" and Contract Terms and Conditions before bid. your best price for each item. this bid, Bidder certifies that: 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. 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. is current with all taxes due and company is in good standing with all applicable governmental agencies. acknowledges receipt and review of all addenda for this RFB. Item Description Cycles Unit Price Per Cycle Extended Price 1. Year One Downtown Group -2 Landscaping,mowing, trimming, edging and litter pick-up 42 $1,535.00 $64,470.00 2. Year Two Downtown Group -2 Landscaping,mowing, trimming, edging and litter pick-up 42 $1,535.00 $64,470.00 3. Year Three Downtown Group -2 Landscaping,mowing, trimming, edging and litter pick-up 42 $1,535.00 $64,470.00 Page 1 of 2 Item Description Cycles Unit price per Cycle Extended Price 1. e- own own Group -3 Landscal i g,mowing, Year Two 42 $1 100 00 $58 800 00 1,400.00 $50,000.00 Year Three trimming edging and litter pick X8,800.00 Page 2 of 2 Attachment C: Insurance and Bond Requirements 1. 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 Park & Recreation Director 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 2 of this Attachment. $500,000/$500,000/$500,000 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. 2. 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. Page 2 of 3 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 Purchasing - Parks & Recreation Complete Grounds Maintenance 05/04/2017 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service agreement. Page 1 of 1 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: 2017-270102 Date Filed: 10/10/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dorame General Repair & Lawn 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. 1195 Parks Mowing 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 d �, ..,,b ANNA M. SALCIDO j q ` Notary Public R�,�+'.- r.-� �� STATE OF TEXAS \/� My Comm. Exp. 09!1012020 `- fff.������C'��CCC above disclosure is true and correct. ��jj 'r,���+Q ID# 129119639 Sigrlre of authorized agent of contracting business entity `IMTI VIVYYYvv_yvvvyvvy AFFIX NOTARY STAMP / SEAL ABOVE f,/'�) f/, ////� Sworn to and subscribed before me, by the said 42C7--42QA f 4 2 1174 this the / C/ day of(_J , 20 f ` to certify which, witness my hand and seal of office. 4 2 SioVe. ?..)1) 11 ell 14 277.,, I d/ti/if . re 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 SERVICE AGREEMENT NO. 1397 GROUNDS AND LANDSCAPE MAINTENANCE SERVICES FOR DOWNTOWN GROUP 3 THIS Grounds and Landscape Maintenance Services for Downtown Group 3 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and CC Academy 12 Lawn Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Grounds and Landscape Maintenance Services for Downtown Group 3 in response to Request for Bid/Proposal No. 1195 ("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 grounds and landscape maintenance services for downtown group 3 ("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 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $53,550.00, 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. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Charles Gurley Parks and Recreation Department Phone: (361) 826-1934 Email: CharlesGu@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 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 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 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 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: Charles Gurley Park Operations Supervisor 5352 Ayers, Corpus Christi, Texas 78415 Fax: (361) 826-4473 IF TO CONTRACTOR: CC Academy 12 Lawn Service Attn: Francis O'Donnell Owner 82 Lake Shore Drive, Corpus Christi, Texas 78413 Fax: None 17. CONTRACTOR SHALL FULLY 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 WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, 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 A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING 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 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 (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Frounoor ODo-wneW Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1 195 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A - Scope of Work 1. General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 2. Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit B. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or Page 1 of 9 delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description ROW/Storm Water Group 3 • Growing Season (March - November) Weekly - 34 cycles • Non -Growing Season (December - February) Bi -weekly - 8 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. i. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. Edging a. Cut all edges with a mechanical edging device (not a line trimmer) three times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Page 2 of 9 b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth Page 3 of 9 exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit B for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. Page 4 of 9 D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 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. 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, Page 5 of 9 the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked MSDS notebook by the contractor. The Contractor shall also supply a copy of all MSDS sheets to the Contract Administrator. 7. Equipment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies (adequate in kind, quantity and quality) for professionally performing these services in manner that is satisfactory to the City's Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers (size of mower will vary per location) or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 8. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 9. Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. Page 6 of 9 B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 7 of 9 Exhibit B Downtown Parks, Medians & Circles Group 3 ITEM MAINTENANCE AREA LOCATION Acres 1 Artesian Park Chaparral & Twigg 1.04 2 Lower/Upper Broadway Bluff #1 Taylor to Buffalo (±30° slope) 0.13 3 Lower/Upper Broadway Bluff #2 Buffalo to Antelope (±30° slope) 0.22 4 Lower/Upper Broadway Bluff #3 Antelope to Leopard (±30° slope) 0.25 5 Lower/Upper Broadway Bluff #4 Leopard to Lipan (±30° slope) 0.60 6 Lower/Upper Broadway Bluff #5 Lipan to Mesquite (±30° slope) 0.48 7 Lower/Upper Broadway Bluff #6 YMCA Complex to Park (±30° slope) 0.47 8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 9 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01 10 Gateway Medians #1 Water to Shoreline 0.05 1 1 Gateway Medians #1 a Water to Shoreline (sidewalk easement) 0.02 12 Gateway Medians #2 Chaparral to Water 0.19 13 Gateway Medians #3 Mesquite to Chaparral 0.64 14 Gateway Medians #4 Hwy 181 to Mesquite 0.41 15 Federal Courthouse Behind courthouse, Chaparral to Water 1.30 16 La Retama Park 500 Mesquite 0.50 17 Mann St. Parking Lot 9800 Block Mesquite 1.55 18 137 Easement 137, Mesquite to Chaparral 0.13 19 Sister City Median 137, Mesquite to Chaparral 0.72 20 Spohn Park 213 Mesquite 0.83 TOTAL 9.56 Page 8 of 9 Exhibit B Downtown Street Right of Ways, Medians & Circles Group 3 ynxv1�,rn �, •„t GROUP 3 AREAS EL MUM" =w mos 1 Sister City Media Gateway Medians #3 Gateway Medians *4 Federal 4C rth use 4 50 yt o� 0:1 $1 I-2\ MEM MEMM � - MEM EIMEM w~ Coopers Atiey Planter. West 1110 LF En MEI MEM Ill= WM MUM smik f R II MOM C- CooAl r�Planter East tougaip I ■■M 1111 ME Mr ME 111 ' 1A••.- .. 4 -wpmsin Gatew.ay'Medians #1 Gateway Medians #fie M1 Gateway Medians #2 137 Easement Mann Si Part Lot folk r Artesian mmwm Broadway Bluff #1 411 Broadway Bluff#2 mayHBluff 43 La Retarna. NM ,-t4 Ho r. 4 I' ifi. si of Broadway Bluff 44 Broad Bluff#5 80404 414 *NO ■1- C TA IT .1 f 4 N A Page 9 of 9 Attachment B: Bid/Pricing Schedule I • :.I_� fyp Gt � __g3;74,_}_, CITY O CORPUS CHRISTI SID FORM PURCHASING DIVISION RFB No. 1195 unit Ground and Landscape Maintenance Services Downtown Groups 2 and 3 PAGE 1 OF 1 Dote: �l authorized o Frarctsinep Bidder Signature: 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, .s c..ws'- t 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 Cycles Unit Pricej Per Cycle Extended ! Prite -Year-One- -... 1 1 .. •., , 1 >. . . fi4 {C 58, , - - CZ CO -Yeer-hve- 0 14.00.GO - - 5B,C00 00 l !F Page 1 of 2 *Contractor declined Group 2 therefore, this contract is for Downtown Group 3. The contract value is $53,550.00. Page 2 of 2 Vena Desctipiion I Cycles I Unit ice per Cycle Extended Price a Y One Downtown Group -3 Londscoping,n�owing, ung, edging and titter pick-up 42 air y 550 0 2. Year Two 1 Downtown Group - 3 Landscaping, , mowing, Itrinunntg, edging and Inter pick-up 42 "'`v C15 17 550 GO 3. Year Tree Downtown Group - 3 Laandscaping„mowing, Wig, edging and mer pick-up 42 425 CIOE7,850.00 *Contractor declined Group 2 therefore, this contract is for Downtown Group 3. The contract value is $53,550.00. Page 2 of 2 Attachment C: Insurance and Bond Requirements 1. 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 Park & Recreation Director 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 2 of this Attachment. $500,000/$500,000/$500,000 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. 2. 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. Page 2 of 3 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 Purchasing - Parks & Recreation Complete Grounds Maintenance 05/04/2017 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service agreement. Page 1 of 1 Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lull Comftcte tris 1 - 4 and 6 it Mere a•e aileietit i4 parties Conildete boo: 1, 2. 3. 5 and G it Bute are rio interested pTUe} OFFICE USE ONLY CERTIFICATION OF FILING d Name of busyness entry firing torn, and the city, state and country of the business entity's place of business CC Academy 12 Last Service Corpus Chnso, 7X Unacd States '-/ Certificate Number 2017.272339 Date Filed. Name of governmerrtai et-day or state agency that is a parry to the contract for each the form h being filed. City of Corpus Christi 10/11V2017 Dare Acknowledged' 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the setvtccs, goods, or other property to be provided under the contract. 1297 Ground and Lan dscapo maintenance dor group 3 4 Name of interested Party City, Slate. Country (place of bttstnrss) Nature fit lntetest (cheek appitcablo) Controlling Interntdulry 5 Check only 1f there is NO Interested Party. X 6 AFFIDAVIT I e,wear, or affirm, under penalty o! pequry, Iia! the above dm-kr-tar is eue and correct , p; f.• . r I ...) 1 •i.;,,, 7......„._ _______ _ `` i ,: .- i '_J 1 t07I`,, 7(, !.ognMure of authonred agent of cottrtut+n business entry Art -4 X NOTARY STAMP 7 Sr111 AI1OVP Sworn tot •A Nttrvthed before rtir. by ti-...said _ _ I (t • ` C t `t _ _ ( JJ l�t e (! , this Itte --- day of l!U Q . 2o_11.1) . 10 (e+er/ Medi. Wanes my hand and tical of office 1 a4.1)111)t }iJ& \/t&_--. ct\(A\ t ‘r�rk+ 1\(1011 \Iu,cAl t P & o c_ �$ignature et Dent ted mrstwvit oath Printed turn of officer adnarssiering aelh Ttge M p!flciAr administering ori Forms provided by Texas Ethics Commission www ethtcs.staie.tx us Scanned by CamScanner 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: November 14, 2017 Legistar Number: 17-1328 Agenda Item: Resolution finding the lowest responsive, responsible bidder for grounds maintenance and landscape services for Downtown Groups 2 and 3 by group number in response to Bid No. 1195; awarding a 36 -month service agreement to the lowest responsive, responsible bidder per group number; and authorizing the City Manager or designee to execute service agreements for a total amount not exceeding $246,960.00, of which $75,460.00 is funded for FY2017-18 by the Parks and Recreation Department. Dorame General Repair & Lawn, LLC Corpus Christi, Texas Downtown Group 2 $193,410.00 CC Academy 12 Lawn Service Corpus Christi, Texas Downtown Group 3 $53,550.00 Grand Total: $246,960.00 Amount Required: $75,460.00 Fund Name Accounting Unit AcNoount Activity No. Amount Visitor Facility 4710-12930-141 530225 $59,097.50 General 1020-12915-141 530225 $16,362.50 Total $75,460.00 E Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM City Council Meeting of November 7, 2017 DATE: TO: Margie C. Rose, City Manager November 1, 2017 THRU: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3878 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB©cctexas.com 361-826-3021 Homelessness Recommendations Update STAFF PRESENTER(S): Name Title/Position 1. Rudy Bentancourt Director 2. OUTSIDE PRESENTER(S): Department Housing and Community Dev. Name Title/Position Organization 1. 2. 3. BACKGROUND: During the October 17, 2017 City Council Meeting, The Advisory Council on Homelessness, Mental Health, and Substance Abuse presented four (4) homelessness solutions recommendations. City Council directed staff to create an Action Plan to address each of the recommendations. The presentation will cover two (2) of the four (4) recommendations. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Homeless Recommendations Update INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager Thru: Keith Selman, Assistant City Manager From: Rudy Bentancourt, Housing & Community Development Directo Date: October 6, 2017 Subject: Action Plan — Homeless Presentation/Recommendations Action Plan During the October 17, 2017 City Council Briefing — Homeless Update, City Council directed staff to create an action plan for each of the four (4) recommendations made during the briefing. The recommendations consisted of 1. Coordinated Entry, 2. Homeless Work Program, 3. Tent City / Tiny Homes, and 4. Family Reunification Program. This Informal Staff Report will address recommendation 1 and 4 which will become implemented by December 2017. The City's Housing and Community Development Department has identified $115,000 in FY2016-2017 Emergency Solution Grant (ESG) funding which are eligible for supportive services and must be expended by September 30, 2018. These funds will be used to address recommendations 1 and 4. Recommendation #1 Coordinated Entry — is a process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs. Entry points are required in the community to effectively assist clients and provide the assistance and resources needed in a wholistic approach to homeless assistance. Coordinated Entry must be in place and implemented in Corpus Christi by January 2018 for the City and supportive service agencies to continue to receive state and federal funding from the U.S. Department of Housing and Urban Development. Action The City's Housing and Community Development (HCD) Department has been working with The Salvation Army in becoming an entry point for Coordinated Entry. HCD and The Salvation Army have met and a Coordinated Entry Program Description has been provided and approved by the City. The Salvation Army is requesting $35,000 to perform this function and with the documented success of the program, HCD will continue to fund the program on an annual basis. HCD will assist with this recommendation by funding The Salvation Army an Intake Coordinator, to include outreach, to effectively reach the homeless target population requiring to be identified, assessed, referred and connected to housing and overall supportive services. Timeline November 2017 December 2017 — — Enter into a funding agreement to support Coordinated Entry with The Salvation Army and "Agency" in the amount of $35,000. Become federally compliant with the Coordinated Entry requirement of each community receiving state and federal funding to have Coordinated Entry in place. Recommendation #4 Family Reunification Program —The program reunites a homeless individual or family with a support system who does not reside in Corpus Christi. The program requires extensive Case Management to ensure the homeless individual or family does not enter homelessness in the location they will be going. If a homeless individual or family arrived in Corpus Christi and is now homeless and would like to return home or if they have a strong support system outside of Corpus Christi, whether in Texas or out of state, the Case Manager will work with the family to receive them in order to ensure the individual or family does not fall into homelessness upon their return. Case Management will also link their client with supportive services in the receiving community. This requires extensive Case Management not only with the receiving family but with the supportive services in the location they will be received to prevent future homelessness. Action The City's Housing and Community Development (HCD) Department has been working with The Salvation Army in funding of the Family Reunification Program. The Salvation Army has developed Program Guidelines of the Family Reunification Program which have been approved by HCD to effectively administer the program. The program is an allowable cost under ESG's Homeless Prevention Activity and has been approved by the U.S. Department of Housing and Urban Development. Timeline November 2017 December 2017 — — Enter into a funding agreement with The Salvation Army to support the Family Reunification Program in the amount of $15,000. Implement the Family Reunification Program and begin identifying eligible clients seeking reunification with their families. Conclusion Recommendations 1 and 4 have are to be implemented no later than December 2017. Recommendations 2 and 3 are continuing research and evaluation for efficiency and sustainability. Staff will bring forward a status update on December 12, 2018. Homeless Recommendations Update November 7, 2017 Council Briefing Rudy Bentancourt Recommendation #1 Coordinated Entry • Coordinated entry is a process developed to ensure that all people experiencing a housing crisis have fair and equal access and are quickly identified, assessed for, referred, and connected to housing and assistance based on their strengths and needs. • 4 key components • Access • Assessment • Prioritization • Referral • Create System change Coordinated Entry System Without CES With GES V:11 )'C Assign (w/ choice) Assist Assess 2 Recommendation #1 Action #1 Coordinated Entry • The Salvation Army • Amount - $35,000 • Term — December 2017 — September 2018 Timeline • November 2017 — Funding Agreement • December 2017 — Implement Coordinated Entry in Corpus Christi Recommendation #4 Family Reunification Program Corpus Christi is geographically Isolated from other Municipal Resources • Corpus Christi's Beach Atmosphere is Attractive to Homeless in other Cities • There are many more seasonal employers in Corpus Christi than other cities Reuniting Homeless with Supportive Family Outside of Corpus Christi • Must prove established support in new location • Must abide by program guidelines - One time use only Recommendation #4 Action #4 Family Reunification Program • The Salvation Army • Amount - $15,000 • Term — December 2017 — September 2018 Timeline • November 2017 — Funding Agreement • December 2017 — Implement Family Reunification Program Next Steps Return to City Council with status update on: • Recommendation #2 — Homeless Work Program • Recommendation #3 — Tent City / Tiny Homes Thank you AGENDA MEMORANDUM Future Item for the City Council Meeting of October 31, 2017 Action Item for the City Council Meeting of November 7, 2017 DATE: TO: October 27, 2017 Margie C. Rose, City Manager THRU: Samuel "Keith" Selman, Assistant City Manager KeithSecctexas.com 361.826.3898 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB(a�cctexas.com 361.826.3044 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold a Special Board Meeting of the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: The Board will go into Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. ALTERNATIVES: OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: Operating o Revenue Capital X Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Date: Time: Location: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Tuesday, November 7, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Rudy Garza calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Rudy Garza, President Michael T. Hunter, Vice President Lucy Rubio Paulette Guajardo Debbie Lindsey -Opel Joe A. McComb Ben Molina Greg Smith Carolyn Vaughn Officers Margie C. Rose, General Manager Samuel "Keith" Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property located on the west side of Chaparral Street between Peoples Street and Schatzel Street known as the Ward Building and adjacent parking lot, with possible action thereafter in open session. 4. Adjournment