Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 11/14/2017
Cit`, of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday, November 14, 2017 11:30 AM Council Chambers Public Notice - -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Steve Sorenson, Bridgeway Church. C. Pledge of Allegiance to the Flag of the United States to be led by Daniel McGinn, Assistant Director of Environmental & Strategic Initiatives. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1427 Proclamation declaring November 11-19, 2017, "National Hunger and Homelessness Awareness Week". Proclamation declaring November 12-18, 2017, "National Nurse Practitioner Week". Proclamation declaring November 16, 2017, "Coastal Bend United Boots, Business and BBQ Hurricane Harvey Relief Fundraiser Day". Proclamation declaring November 18, 2017, "First Presbyterian Church of City of Corpus Christi Page 1 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Corpus Christi Sesquicentennial Celebration Day". Proclamation declaring December 2, 2017, "Martial Arts Recognition Day". Proclamation declaring December 3, 2017, "Walk to End Alzheimer's Day". Proclamation declaring November 2017, "National Marrow Awareness Month". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-1433 Regular Meeting of November 7, 2017. Attachments: Minutes- November 7, 2017.pdf H. BOARD & COMMITTEE APPOINTMENTS: 3. 17-1428 Corpus Christi B Corporation Reinvestment Zone No. Two Senior Companion Program Advisory Committee Transportation Advisory Commission Attachments: Corpus Christi B Corporation Reinvestment Zone No. 2 Board Senior Companion Program Advisory Committee Transportation Advisory Commission 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. City of Corpus Christi Page 2 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 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. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA ATA LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 18) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 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 City of Corpus Christi Page 3 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 $118,581.78 is funded FY 2017-18 by the Fire Department. The term of this contract is for one year. Attachments: 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 5. 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. Attachments: Agenda Memo- Intergraph Mainenance Renewal AgreementFY1718- 1-1DURMQ7 Corpus Christi TX City Of YR 1 of 2 QUOTE AgreementFY1819- 1-1 HSOLGS Corpus Christi TX City Of YR 2 of 2 QUOTE 1 Form1295-2781 001.pdf 6. 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. 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. Attachments: 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 7. 17-1407 Authorize Horton Automatics to construct and donate Secure Exit Lane (SEL) improvements at Corpus Christi International Airport City of Corpus Christi Page 4 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 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. Attachments: Agenda Memo- Horton Automatics Donation Agreement SEL Brochure.pdf 8. 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. Attachments: Agenda Memo- Purchase of Pump, Motor, Rentals and Services for the Utilitie Resolution Sole Source- Purchase of Pump, Motor, Rentals and Services for th Price Sheet- Purchase of Pump, Motor, Rentals and Services for the Utilities Gc Service Agreement-Purchase of Pump, Motor, Rentals and Services for the Ut Form 1295- Purchase of Pump, Motor, Rentals and Services for the Utilities Gc 9. 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. City of Corpus Christi Page 5 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Attachments: Agenda Memo- Purchase of Pump, Motor and Services for the Utilities Dept- F 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 Der Form 1295- Purchase of Pump, Motor and Services for the Utilities Dept-Flygt 10. 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. Attachments: Agenda Memo- Interlocal with CBI for monitoring 110117 Resolution v2 Interlocal Agmt TAMUCC CBI 10-11-2017FINAL Executed w EX 11. 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 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, 513, and 6 Group 4 Groups 5A and 5C $168,900.00 $150,000.00 $193,500.00 Grand Total: $512,400.00 Attachments: Agenda Memo- Mow and Grounds Maint of Street ROW Medians and Circles c Resolution Mowing Grounds Maint ROW Medians Circles Grps 3 4 5A B C 6 vF Bid Tabulation- Mow and Grounds Maint of Street ROW Medians and Circles C Service Agreement-CC Academy 12 Lawn Groups 3, 513, and 6.pdf Form 1295-CC Academy 12 Lawn Service.pdf Service Agreement-Cornerstone Lawn Group 4 City of Corpus Christi Page 6 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Form 1295-Cornerstone Lawn Service Service Agreement-Tony's Lawn Service Groups 5A and 5C Form 1295-Tony's Lawn Service 12. 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 Attachments: 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 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 13. 17-1365 Second Reading Ordinance - Rezoning property located at 3413 South Staples Street (1st Reading 11/7/17) 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. City of Corpus Christi Page 7 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 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 14. 17-1366 Second Reading Ordinance - Rezoning property located at 6686 South Padre Island Drive (SH 358) (1st Reading 11/7/17) Case No. 0917-05 AN Corpus Christi Chevrolet, LP.: A change of zoning from the "CG-1" General Commercial District to the "I L" 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 15. 17-1352 Second Reading Ordinance - Five-Year Lease Agreement for City of Corpus Christi Page 8 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Property Located Near McKenzie Road and Allison Drive (1st Reading 11/7/17) 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 2017 West Corpus Christi Rotary Club Leasev2 legal signed 16. 17-1363 Second 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 (1st Reading 11/7/17) 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 17. 17-1364 Second 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 (11/7/17) 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 18. 17-1403 Second 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 (1st Reading 11/7/17) Ordinance to appropriate $615,000 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of replacement City of Corpus Christi Page 9 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 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. Attachments: Agenda Memo-Appropriate SHOT Reserves Ordinance-Appropriate SHOT Reserves Copy of Hurricane Harvey Damage-Vehicles- Eguipment.2 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 19 - 22) 19. 17-1399 Public Hearing and First Reading Ordinance -Street Closure at 3601 Saratoga Boulevard Ordinance closing, abandoning and vacating an undeveloped and unsurfaced 479.16-square foot (0.011 acre) parcel of public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and requiring the owner, VMB Equity Properties, LLC., to comply with specified conditions. Attachments: Agenda Memo Ordinance with Exhibits Presentation-Universal Street Closure 20. 17-1400 Public Hearing and First Reading Ordinance - Rezoning for a Property located at 3006 Niagara Street Case No. 1017-03 Trevino Mortuary Services, Inc. A change of zoning from the "CN-1" Neighborhood Commercial District to the "I L" Light Industrial District. The property is described as Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, located on the east side of Niagara Street, north of Tarlton Street, and east of South Port Avenue. Planning Commission and Staff Recommendation (October 18, 2017): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CN-1/SP" General Commercial District with a Special Permit (SP)with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Trevino Mortuary Services, Inc. ("Owner"), by changing the City of Corpus Christi Page 10 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 UDC Zoning Map in reference to the property described as Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood 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 1017-03 Trevino Mortuary Services, Inc. Ordinance 1017-03 IL Trevino Mortuary Services, Inc.with Exhibits Ordinance 1017-03 Special Permit Trevino Mortuary Services, Inc.with Exhibi CC Report 1017-03 Trevino Mortuary Services, Inc.with Exhibits PP 1017-03 Trevino Mortuary Services, Inc. -Legistar 21. 17-1404 Public Hearing and First Reading Ordinance - Rezoning property located at 3046 Holly Road Case No. 1017-02 Rogerio & Maria Lopez: 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 a two acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Santa Olivia Street, west of Kostoryz Road and east of Ayers Street. Planning Commission and Staff Recommendation (October 18, 2017): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Rogerio and Maria Lopez ("Owners"), by changing the UDC Zoning Map in reference to a two-acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 1017-02 Rogerio and Maria Lopez Ordinance 1017-02 Rogerio and Maria Lopez 1017-02 PPt Rogerio and Maria Lopez CC Report 1017-02 Rogerio& Maria Lopez 22. 17-1408 Public Hearing and First Reading Ordinance - Rezoning for property located at 1902 Rodd Field Road Case No. 1017-05 Hunt Enterprises, Ltd.: A change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District for Tract 1 and "CG-2" General Commercial District to "RM-3" Multifamily 3 City of Corpus Christi Page 11 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 District for Tract 2. The property is described as being 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. Planninq Commission and Staff Recommendation (October 18, 2017): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District for Tract 1 and "CG-2" General Commercial District to "RM-3" Multifamily 3 District for Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Hunt Enterprises, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-3" Multifamily 3 District to the "CG-2" General Commercial District for Tract 1 and "CG-2" General Commercial District to "RM-3" Multifamily 3 District for Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 1017-05 Hunt Ordinance 1017-05 Hunt Enterprises PP 1017-05 Hunt Enterprises- Legistar CC Report 1017-05 Hunt Enterprises N. REGULAR AGENDA: (ITEM 23) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 23. 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 not-to-exceed amount of$24,978,169.39. Attachments: Agenda Memo-American Bank Center Management Services Pricing Sheet-American Bank Center Management Services City of Corpus Christi Page 12 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Final ABC Service Agreement 10.30.17 Evaluation Matrix RFP 1222 Amercian Bank Center Management Services Presentation-American Bank Center Management Services ABC Management Services Form 1295 O. FIRST READING ORDINANCES: (ITEMS 24 -28) 24. 17-1406 First Reading Ordinance - Repeal of the City's Joint Airport Zoning Board and establishment of an Airport Zoning Commission Ordinance amending Chapter 2, Division 11 (Joint Airport Zoning Board), of the Code of Ordinances by repealing all provisions related to the Joint Airport Zoning Board; designating the City's Planning Commission as the Airport Zoning Commission for all purposes under the Airport Zoning Act ("Act"), Texas Local Government Code §241.001 et seq.; and investing such Airport Zoning Commission with the powers and duties authorized to be exercised under the provisions of the Act; providing for severability; and providing for publication. Attachments: Agenda Memo-Airport Zoning Commission Ordinance Establishing AZC vFina12 20171031 25. 17-1388 First Reading Ordinance -Appropriating Funds for Purchase and Installation of Playground Equipment at Southfork and Thebeau Parks Ordinance appropriating $79,376.31 from the unreserved fund balance in the No. 1020 General Fund for the purchase and installation of playground equipment at Southfork and Thebeau Parks; amending the FY2017-18 Operating Budget adopted by Ordinance No. 031255 by increasing expenditures by $79,376.31; authorizing the City Manager or designee to execute all documents necessary with GameTime by Total Recreation Products, Inc., of Cypress, Texas, to approve the purchase and installation of the equipment for up to $135,933.85, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $1,000 for unforeseen expenses, for a total amount not to exceed $136,933.85, of which $57,557.54 is being provided from the Community Enrichment Fund. Attachments: Agenda Memo- Playground Equip and Install at Southfork and Thebeau Parks Ordinance Appropriating Unreserved Funds for Playground Equipment Purchas Price Sheet- Playground Equip and Install at Southfork and Thebeau Parks.xls> Service Agreement-Playground Equipment Southfork Park vFinal.pdf Service Agreement-Playground Equipment Thebeau Park vFinah)df City of Corpus Christi Page 13 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Form 1295- Equip and Install at Southfork and Thebeau Parks.pdf 26. 17-1409 First Reading Ordinance - Closing of a utility easement located at 7522 Everhart Road. Ordinance abandoning and vacating 0.127 acre of an existing utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1 R, located at 7522 Everhart Road and requiring the owner, Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office, to comply with the specified conditions. Attachments: Agenda Memo Ordinance with Exhibits Presentation-St.John Easement Closure 27. 17-1424 First Reading Ordinance -Approval for the resale of 6 foreclosed properties Ordinance authorizing the resale of 6 properties for$55,999.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,623.22 plus $4,457.60 for partial payment of City paving and demolition liens. Attachments: Agenda Memo for Tax Foreclosure Properties-6 Exhibit A- Property for Tax Resale November 2017 revised Exhibit B- Letter from Linebarger Goggan Blair and Sampson Ordinance for Tax Resale of 6 Properties 28. 17-1373 First Reading Ordinance -Appropriating Funds and accepting a grant from FEMA for hurricane disaster assistance Ordinance appropriating $5,000,000 from the fund balance for major contingencies in the No. 1020 General Fund for Hurricane Harvey debris removal and related activities; authorizing the City Manager, or designee, to execute all documents necessary to accept a partial grant from the Federal Emergency Management Agency for hurricane disaster assistance in the amount of$4,069,836.99 and appropriating in the No. 1020 General Fund; and amending the FY2017-2018 Operating Budget adopted by Ordinance No. 031255 to increase revenues by $4,069,836.99 and appropriations by $9,069,836.99. Attachments: Agenda Memo- Harvey Ordinance-Harvey Solid Waste Hurricane Harvey(4) P. FUTURE AGENDA ITEMS: (ITEMS 29 - 34) City of Corpus Christi Page 14 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 29. 17-1375 Motion ratifying a notice to proceed issued to CrowderGulf, LLC, for services related to Hurricane Harvey, pursuant to a contingency service agreement; authorizing payment to CrowderGulf for an amount not to exceed $5,946,096.07 for debris removal; authorizing the City Manager to execute Amendment No. 1 to the agreement to include a price for mulched debris and issuance and payment of a task order for an amount not to exceed $236,875 for transportation of mulched debris for a restated fee not to exceed $6,182,971.07 Motion ratifying a notice to proceed issued to CrowderGulf, LLC ("CrowderGulf'), of Theodore, Alabama, for services related to Hurricane Harvey, pursuant to a contingency service agreement; authorizing payment by the City Manager or designee ("City Manager") to CrowderGulf for an amount not to exceed $5,946,096.07 for debris removal; authorizing the City Manager to execute Amendment No. 1 to the agreement to include a price for mulched debris and issuance and payment of a task order for an amount not to exceed $236,875 for transportation of mulched debris for a restated fee not to exceed $6,182,971.07. Attachments: Agenda Memo Crowder Gulf CrowderGulf Debris Removal Contract Amendment Not Form 1295-CrowderGulf CrowderGulf- Notice to Proceed 30. 17-1376 Motion ratifying a notice to proceed issued to Tetra Tech, Inc. for services related to Hurricane Harvey for Task Order No. 1 in an amount not to exceed $1,570,041 and Task Order No. 2 in an amount not to exceed $90,427 issued pursuant to the contingency service agreement for disaster monitoring and recovery services for a total amount not to exceed $1,660,468 Motion ratifying a notice to proceed issued to Tetra Tech, Inc. (formerly, Science Applications International Corporation), of Maitland, Florida, for services related to Hurricane Harvey; authorizing payment by the City Manager, or designee, for Task Order No. 1 in an amount not to exceed $1,570,041 and for Task Order No. 2 in an amount not to exceed $90,427 issued pursuant to the contingency service agreement for disaster debris monitoring and recovery services for a total amount not to exceed $1,660,468; and to execute all necessary documents with Tetra Tech. Attachments: Agenda Memo Tetra Tech Tetra Tech - NTP Tetra Tech Task Order No 1 Tetra Tech Task Order No 2 City of Corpus Christi Page 15 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 Form 1295-Tetra Tech 31. 17-1342 Supply Agreement for Street Operations for Traffic Signs, three-year agreement for a total amount not to exceed $226,141.86, with an option to extend for up to two additional one-year periods, and a total potential multi-year amount of$376,903.10 Motion authorizing City Manager, or designee, to execute a supply agreement with Custom Products Corporation, of Jackson, Mississippi for the purchase of traffic signs for Street Operations in response to Request for Bid (RFB) No. 1061, based on the lowest responsive, responsible bid for a total amount not to exceed $226,141.86, of which $75,380.62 is funded in FY2017-18 in the Street Fund. The term of the agreement is for three 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$376,903.10. Attachments: Agenda Memo-Traffic Signs for Street Department Bid Tab-Traffic Signs for Street Department Rev 10.20.17 Supply Agreement-Traffic Signs for Street Department Form 1295-Traffic Signs for Street Department 32. 17-1429 Resolution authorizing an Interlocal Agreement with Corpus Christi Independent School District (CCISD) for use of CCISD facilities for City Latchkey and use of City Facilities for CCISD programs and Amendment No. 2 to the Interlocal Agreement with CCISD to amend provisions pertaining to capital improvements for the Natatorium Resolution authorizing the City Manager to execute an Interlocal Agreement with Corpus Christi Independent School District (CCISD) regarding use of CCISD facilities for City Latchkey and other City programs and regarding use of City facilities for CCISD programs; and authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with CCISD regarding the Natatorium to amend provisions pertaining to capital improvements for the Natatorium. Attachments: Agenda Memo-CCISD Interlocal Agmt and Amendment No. 2 Resolution-CCISD Interlocal Agmt and Amendment No. 2 Interlocal with CCISD 11-10-2017 Amend No. 2 to Interlocal Agmt re Natatorium 33. 17-1418 Ordinance authorizing the continuation of Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system City of Corpus Christi Page 16 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo -TMRS Ad Hoc 2017 Ordinance-TMRS 2018 UPDATED TMRS Letter 2018 34. 17-1431 Type A Agreement -CCREDC Program Management and Funding Motion authorizing and approving an Agreement between the Corpus Christi Regional Economic Development Corporation and the Corpus Christi Business and Job Development Corporation for management of the Business and Job Development Incentive Program. The Agreement runs from October 1, 2017 to September 30, 2018 and includes an annual payment of$125,000.00. Attachments: Agenda Memo-CCREDC Type A Funding Agreement Type A Agreement-CCREDC Funding and Program Management FY 2018 Q. BRIEFINGS: (ITEMS 35 - 37) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 35. 17-1435 Downtown Area Development Plan Attachments: Agenda Memo- Downtown Area Development Plan Presentation-Downtown ADP Survey Results- Downtown ADP 36. 17-1434 Drought Contingency Plan Discussion and Recommendations Attachments: Agenda Memo- Drought Contingency Plan Update Presentation Drought Contingency Plan 2017 37. 17-1448 Contract Management Attachments: Agenda Memo-Contract Management Presentation 11.12.17 Contract Management 11.10.17 S. EXECUTIVE SESSION: (ITEM 38) 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 City of Corpus Christi Page 17 Printed on 11/13/2017 City Council Meeting Agenda-Final November 14, 2017 regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 38. 17-1445 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professioanl Conduct Rule 1.05 to consult with attorneys concerning legal issues related to City's Code of Ethics and the City Charter, including, but not limited to, Sections 2-310 through 2-349 of the Corpus Christi City Code, Article II of the City Charter, and portions of the Council Policies, provisions of the U.S. and Texas Constitutions, and parliamentary procedures related to said provisions of the City Code and City Charter. T. 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. U. ADJOURNMENT City of Corpus Christi Page 18 Printed on 11/13/2017 Cit`, of Cor us Christi 1201 Leopard Street City � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:30 a.m. B. Invocation to be given by Elder Jimmy Perez, New Life Church. Mayor McComb gave the invocation. 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. Mr.Jose A. Barrientes led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring 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. Council Member Rubio congratulated the family of Selena Quintanilla Perez for being granted a star on the Hollywood Walk of Fame. Mayor McComb proclaimed November 7, 2017 as "Houston Astros Day". Mayor McComb presented the proclamations listed on the agenda and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. 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 the SBA is November 30,2017. Susie Luna Saldana,4710 Hakel, spoke regarding recent comments made regarding the shortage of public safety officers and the fear those comments have placed in residents. Ms. Saldana expressed that the Police Department is currently doing a great job with the current number of officers. Gloria Randall Scott,4422 S.Alameda,thanked the City Council for recognizing the Houston Astros for winning the World Series. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 2 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)Over the next two months, citizens will see an emphasis from the City of Corpus Christi on community. This communication emphasis is to underscore ways the City organization and employees are an integral part of our community. Employees are neighbors as well as the people that clean wastewater pipes, protect families, care for children and much more. City employees love our community and City Manager Rose wants to take the time, during the holiday season, to illustrate the ways the City's 3,000 employees care for our community everyday,24-hours a day, 7 days-a-week, 365 days-a-year.2)City Manager Rose stated that once every month,she will highlight the previous month's items that focused on the City Council's goals: Water, Residential Streets and Economic Development. In the month of November,the following topics were discussed: Water: the Drought Contingency Plan, major supplies needed for the treatment plants, and the seawater desalination project; Economic Development: the small business programs, affordable housing and the associated tax credits, and the homeless issues; and Residential Streets: Comanche Street, Lipan Street,Timon Boulevard, and Surfside Boulevard regarding the new Harbor Bridge. 3)The City has secured a limited number of rain barrels for purchase as part of the City's on-going water conservation program. Residents can purchase up to two barrels per household at a discounted price of$47 plus tax. Beginning today, November 7, 2017, rain barrels can be purchased in-person at Central Cashiering located on the first floor of City Hall, 1201 Leopard. Customers will then pick up purchased containers at the City's Warehouse located at 5352 Ayers Street, Monday through Friday from 8:00 a.m.to 4:00 p.m.4) Residents that dump fats, oil, and grease down the drain could end up with wastewater in their homes.The City is inviting the public to a demonstration to see the effects of dumping fats, oil and grease down the drain. Employees will use the wastewater rover, a remote camera system, to demonstrate how the City detects issues and how to prevent wastewater backups.The demonstration will take place on Thursday, November 9,2017 at 10:00 a.m. at 3009 Alta Gigonella Street. 5) Collection of debris resulting from Hurricane Harvey began in Area 2 on Monday, November 6,2017. The City is requesting that residents living in Area 3-A begin setting out debris for collection by 7:00 a.m. beginning Monday, November 13,2017. 6) City Manager Rose recognized Fire Battalion Chief David Saenz and Firefighter Kelly Maiden who were recently deployed, as part of Texas Task Force 1,to Puerto Rico to assist with the post-Hurricane Maria response and recovery. G. MINUTES: 2. Regular Meeting of October 31, 2017. Mayor McComb referred to approval of the minutes. City Secretary Rebecca L. Huerta referred to the minutes of October 31, 2017, Page 4,the executive session related to the Municipal Solid Waste Fee (MSW). City Secretary Huerta clarified that Council Member Molina attended a portion of this executive session, until he recognized he had a potential conflict of interest, at which time Council Member Molina recused himself from the executive session. City of Corpus Christi Page 3 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 Council Member Garza made a motion to approve the minutes as amended, seconded by Council Member Lindsey-Opel and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. Citizens Advisory Health Board Commission on Children and Youth Corpus Christi Regional Transportation Authority Library Board Planning Commission Sister City Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Citizens Advisory Health Board Council Member Lindsey-Opel made a motion to reappoint Aislynn E. Campbell (Joint-City and Nueces County), Hannah M. Chipman, Raymond Martin Johnson, and Elizabeth Sefcik,seconded by Council Member Molina and passed unanimously. Council Member Rubio nominated Ashley Lucio. Council Member Smith nominated Tracy Davis. Council Member Molina nominated Patricia Ann Rotko. Ashley Lucio and Tracy Davis were appointed with Mayor McComb, Council Members Hunter, Rubio,Vaughn, Guajardo, Smith, Garza, and Lindsey-Opel voting for Ashley Lucio; Mayor McComb, Council Members Hunter, Molina, Rubio,Vaughn, Guajardo, Smith, Garza, and Lindsey-Opel voting for Tracy Davis; and Council Member Molina voting for Patricia Ann Rotko. Commission on Children &Youth Council Member Vaughn made a motion to appoint Laura N. Garcia(Law Enforcement) and Amanda Oster(Nueces County District Attorney's Office), seconded by Council Member Smith and passed unanimously. Council Member Guajardo nominated Priscila Baldillez(At-Large). Council Member Garza nominated Ericka M. Ramirez(At-Large). Council Member Lindsey-Opel nominated Sherry L. Peterson. Council Members Guajardo, Vaughn and Rubio voted for Priscila Baldillez; Council Members Garza, Smith and Hunter voted for Ericka M. Ramirez; Mayor McComb and Council Members Molina and Lindsey-Opel voted for Sherry L. Peterson. Since there was a three-way tie on the vote, a re-vote was conducted. Council Members Vaughn, Rubio, Guajardo, and Garza voted for Priscila Baldillez; Council Member Smith voted for Ericka M. Ramirez; and Mayor McComb, Council Members Hunter, Molina, and Lindsey-Opel voted for Sherry L. Peterson. A run-off was conducted between the two individuals with the highest number of votes: Priscila Baldillez and Sherry L. Peterson. Priscila Baldillez(At-Large) City of Corpus Christi Page 4 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 was appointed with Council Members Guajardo,Vaughn, Smith, Rubio, Garza, and Hunter voting for Priscila Baldillez and Mayor McComb and Council Members Molina and Lindsey-Opel voting for Sherry L. Peterson. Corpus Christi Regional Transportation Authority Council Member Vaughn nominated Anne Bauman (Transportation Disadvantaged). Council Member Guajardo nominated Donnie Contreras (Transportation Disadvantaged).Anne Bauman (Transportation Disadvantaged) was appointed with Mayor McComb, Council Members Lindsey-Opel, Garza, Smith,Vaughn, Molina, and Hunter voting for Anne Bauman and Council Members Guajardo and Rubio voting for Donnie Contreras. Library Board Council Member Lindsey-Opel made a motion to reappoint Zoraida J. Basaldu, Candace S. Hart, and Brian Solarek, seconded by Council Member Molina and passed(Council Members Smith and Hunter voting"No"). Council Member Smith made a motion to appoint Nicole Carroll and Julie T. Rogers,seconded by Council Member Vaughn and passed unanimously. Planning Commission Council Member Molina nominated Matthew C. Ezell. Council Member Smith appointed Gordon R. Robinson. Matthew C. Ezell was appointed with Mayor McComb, Council Members Hunter, Molina, Rubio, and Guajardo voting for Matthew C. Ezell and Council Members Vaughn, Smith, Garza and Lindsey-Opel voting for Gordon R. Robinson. Sister City Committee Council Member Hunter made a motion to appoint Cleofas Rodriguez,Jr. (Corpus Christi Chamber of Commerce), seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Hunter made a motion to appoint Susana Martinez(Higher Education Institution), seconded by Council member Rubio and passed unanimously. Council Member Hunter made a motion to appoint Melody H. Cooper (Economic Development Sector),seconded by Council Member Molina and passed unanimously. Council Member Rubio made a motion to appoint Almira Flores (Arts/Cultural), seconded by Council Member Guajardo and passed unanimously. Council Member Vaughn made a motion to appoint Alan Thornburg(At-Large), seconded by Council Member Smith and passed unanimously. City of Corpus Christi Page 5 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 10) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public. Mayor McComb requested that Item 6 be pulled for individual consideration. A motion was made by Council Member Garza,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Resolution approving Bond 2016 Residential Street Rebuild Program (RSRP) Project Work Plan. This Resolution was passed on the consent agenda. Enactment No: 031285 5. 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 passed on the consent agenda. Enactment No: M2017-177 7. 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. City of Corpus Christi Page 6 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 This Motion was passed on the consent agenda. Enactment No: M2017-179 8. 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 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031286 9. 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) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031287 10. 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) City of Corpus Christi Page 7 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031288 6. 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) Mayor McComb referred to Item 6, execution of a construction contract for the O.N. Stevens Water Treatment Plant Maintenance Building. In response to Mayor McComb, Executive Director of Water Utilities Dan Grimsbo provided an overview of the project scope and stated that the improvements will allow the plant to improve capacity and be more efficient.There were no comments from the public. Council Member Rubio made a motion to approve the motion,seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2017-178 M. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Second Reading Ordinance - Rezoning property located at 3413 South Staples Street (1st Reading 11/7/17) City of Corpus Christi Page 8 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 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. Mayor McComb referred to Item 11. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the development of two office buildings approximately 4,000 square feet in size. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Gloria Redding, 3405 S. Staples, spoke in support of an office use for the subject property. Mayor McComb closed the public hearing. Council Member Molina 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 12. Second Reading Ordinance - Rezoning property located at 6686 South Padre Island Drive (SH 358) (1st Reading 11/7/17) 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): City of Corpus Christi Page 9 Printed on 11/10/2017 City Council Meeting Minutes November 7, 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. Mayor McComb referred to Item 12. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for a vehicle repair facility including a paint and body shop accessory to the vehicle sales establishment. Mr. Green stated that the Planning Commission and staff recommend denial of the"IL" Light Industrial District, and in lieu thereof, approval of the"CG-1/SP" General Commercial District with a Special Permit. Mayor McComb opened the public hearing. Cindy English asked questions regarding the conditions of the special permit and how noise compliance will be determined. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: the previous zoning change on the subject property in 2010 to allow for a special permit; consideration of a planned unit development for similar areas to reduce multiple zoning requests; and a text amendment to the Unified Development Code. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: O. FIRST READING ORDINANCES: (ITEMS 13 - 15) 13. Second Reading Ordinance - Five-Year Lease Agreement for Property Located Near McKenzie Road and Allison Drive (1st Reading 11/7/17) City of Corpus Christi Page 10 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 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. Mayor McComb referred to Item 13. Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to enter into a five-year lease agreement with the Rotary Club of West Corpus Christi for the use of property near McKenzie Road and Allison Drive by the Boy Scout troop sponsored by the Rotary Club. Mayor McComb called for comments from the public. Gloria Randall Scott, 4422 S.Alameda, spoke in support of the item. Council members and staff discussed the following topics: documents protecting the City from liability; Section 11 of the contract regarding the lessee's responsibility for activities; and the proximity of the property to the Police Pistol Range and Tejas Bowman Archery Association. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 14. Second Reading Ordinance -Amendment to Lease with Padre Island Yacht Club (28-Day Delay Required) (1st Reading 11/7/17) 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. Mayor McComb referred to Item 14. Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to execute an amendment to the lease agreement with Padre Island Yacht Club for expanded leased area near the wastewater treatment plant located on Whitecap Boulevard.There were no comments from the public. In response to Mayor McComb, City Attorney Miles K. Risley explained the 28-day delay City Charter requirement. Council Member Smith 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: City of Corpus Christi Page 11 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 15. Second 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 (1st Reading 11/7/17) 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. Mayor McComb referred to Item 15. Interim Director of Development Services Bill Green stated that the purpose of this item is to exempt the wastewater lot or acreage fees for the Summer Breeze Estate Phase 2, Block 1, Lots 1-10. Mr. Green presented: an aerial overview and the Wastewater Collection System Master Plan for the Laguna Madre Service Area. Mr. Green stated that the Planning Commission and staff are in favor of the exemption.There were no comments from the public. Council members and staff discussed the following topics: the number of developments in the Flour Bluff area on septic sytems; Flour Bluff annexation in 1961; the area not likely to be served with wastewater services within the next 15 years; how to address getting properties off septic systems; state law requirements being amended in 1987 to require that municipalities provide wastewater services when annexing new areas; the distance from the development to the nearest manhole; the cost to provide wastewater services to the area; the conditions of the Sanitary Sewer Connection Agreement; tracking of payment when wastewater services become available; and reimbursement of developer trust funds. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 T. EXECUTIVE SESSION: (ITEM 32) Mayor McComb deviated from the agenda and referred to the day's executive session. The Council went into executive session at 1:34 p.m. The Council returned from executive session at 2:33 p.m. City of Corpus Christi Page 12 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 32. Executive Session pursuant to Texas Government Code§ 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Belden Street, Mesquite Street, Broadway Street, Highway 181/1-37, Tancahua Street, the intersections thereof, or blocks adjacent to those streets and/or intersections, and areas within one mile thereof, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 32. P. FUTURE AGENDA ITEMS: (ITEM 20) Mayor McComb deviated from the agenda and referred to Future Agenda Item 20.Assistant to the City Manager Esther Velazquez presented this item. 20. 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 not-to-exceed amount of$24,978,169.39. This Motion was recommended to regular agenda. O. FIRST READING ORDINANCES: (ITEMS 16 - 19) 16. Second Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Oso George Village Unit 2 located north of City of Corpus Christi Page 13 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 Yorktown Boulevard and west of Roscher Road (11/7/17) 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. Mayor McComb referred to Item 16, exemption from the wastewater lot or acreage fees for Oso George Village Unit 2.There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 17. Second Reading Ordinance - Nueces Electric Cooperative Electric Franchise (1st Reading 11/7/17) 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. Mayor McComb referred to Item 17. City Attorney Miles K. Risley stated that the purpose of this item is to grant Nueces Electric Cooperative, its successors and assigns, a non-exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity over public rights-of-way in the City of Corpus Christi.There were no comments from the public. City Attorney Risley and a council member discussed the following topics: whether the City can require Nueces Electric Cooperative to place lines underground; the Public Utility Commission (PUC) not approving underground requirements as a mandate for existing lines; underground lines in new developments; and outside litigation with the PUC regarding this issue. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 14 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 Abstained: 0 18. Second Reading Ordinance -Approving the 2018 Annual Audit Plan (1st Reading 11/7/17) Ordinance to approve the 2018 Annual Audit Plan. Mayor McComb referred to Item 18. Interim City Auditor Kimberly Houston stated that the purpose of this item is to approve the 2018 Annual Audit Plan. Ms. Houston provided a brief overview of the audit objectives and departments to be audited. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. Second 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 (1st Reading 11/7/17) 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. Mayor McComb referred to Item 19. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to appropriate$615,000 in the unreserved fund balance to purchase 7 pickup trucks, 5 ATVS, 1 tractor and 1 beach tech machine for beach operations that were damaged from Hurricane Harvey.There were no comments from the public. Council members and staff discussed the following topics: the location where the vehicles were stored; the reason the vehicles were not removed prior to Hurricane Harvey; changes to emergency policies; and the estimated funding expected from the Federal Emergency Management Agency(FEMA)for the damages. Council Member Rubio 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: City of Corpus Christi Page 15 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 21 - 29) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 22,23,25, 26, 28, and 29. Mayor McComb requested information on Item 27. City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel recused herself from the discussion on Item 27. 21. 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. This Motion was recommended to the consent agenda. 22. 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. This Motion was recommended to the consent agenda. 23. 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. Motion authorizing the City Manager, or designee, to execute three one-year software maintenance and hosting agreements, effective City of Corpus Christi Page 16 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 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. This Motion was recommended to the consent agenda. 24. 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. This Motion was recommended to the consent agenda. 25. 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. This Resolution was recommended to the consent agenda. 26. 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 City of Corpus Christi Page 17 Printed on 11/10/2017 City Council Meeting Minutes November 7, 2017 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. This Resolution was recommended to the consent agenda. 27. 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. Council Member Lindsey-Opel recused herself from the discussion on this item. This Resolution was recommended to the consent agenda. 28. 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 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, 513, and 6 Group 4 Groups 5A and 5C $168,900.00 $150,000.00 $193,500.00 Grand Total: $512,400.00 This Resolution was recommended to the consent agenda. 29. 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 City of Corpus Christi Page 18 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 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 This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 30) 30. Homeless Recommendations Update Mayor McComb referred to Item 30. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to provide an update on the homelessness recommendations. During the October 17,2017 City Council meeting,The Advisory Council on Homelessness, Mental Health, and Substance Abuse presented four homelessness solution recommendations. Recommendation 1, Coordinated Entry, is a process developed to ensure that all people experiencing a housing crisis have fair and equal access.The four key components are: access, assessment, prioritization, and referral. The action plan for Recommendation 1 is to coordinate with Salvation Army and provide funding in the amount of$35,000 to serve as an entry point and develop a program.The timeline from December 2017 to September 2018. Recommendation 4, Family Reunification Program,would reunite homeless with supportive family outside of Corpus Christi.The goal would be to ensure that the individual would not experience homelessness in a new location.The action plan for Recommendation 4 is to coordinate with the Salvation Army and provide funding in the amount of $15,000 to develop case management.The funding would provide for small travel and bus fares. Staff will return to City Council with an update on Recommendation 2, Homeless Work Program, and Recommendation 3,Tent City/Tiny Homes at the December 12,2017 City Council meeting. After Mr. Bentancourt's presentation,the following was discussed: the deliverables of the program to measure success; Salvation Army's experience with coordinated entry; a list of items that lead to homelessness and ways to address; the use of other agencies to assist with recommendations; the Salvation Army being one of the only shelters that shelters families; how the coordinated entry would be implemented and the structure of the case management; and grant funding for family reunification. City of Corpus Christi Page 19 Printed on 1111012017 City Council Meeting Minutes November 7, 2017 R. RECESS TO CORPORATION MEETING: (ITEM 31) Mayor McComb recessed the regular Council meeting at 4:46 p.m.to hold a Special Meeting of the Corpus Christi Housing Finance Corporation. 31. Special Board Meeting of the Corpus Christi Housing and Finance Corporation This Corporation Meeting was held. S. RECONVENE COUNCIL MEETING: Mayor McComb reconvened the regular Council meeting at 5:11 p.m. U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. Council Member Molina requested a item be placed on the agenda to discuss the asphalt zipper demonstratation. City Manager Margie C. Rose said she would place the item on the December 12, 2017 Council meeting. MOTION OF DIRECTION Council Member Rubio made a motion directing the City Manager to place an item on the November 14,2017 agenda to discuss an interview that was made on KIII News related to public safety funding levels,seconded by Council Member Lindsey-Opel and passed unanimously. V. ADJOURNMENT The meeting was adjourned at 5:16 p.m. City of Corpus Christi Page 20 Printed on 11/10/2017 City Of Corpus Christi CORPUS CHRISTI B CORPORATION BOARD DETAILS U SIZE 7 Seats The Corpus Christi B Corporation administers the proceeds of the Type B sales tax, initiated M TERM LENGTH 2 Years in 2018, with the use of the proceeds for: (1) OVERVIEW TERM LIMIT 6 Years A 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law, (2) up to $500,000 annually on affordable housing, and (3) the balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. .............................................................................................................................................................................................................................................................................................................................................................. COMPOSITION The Board of Directors of the Corporation consists of seven (7)directors appointec rZk by the City Council. Three directors must be persons who are not employees, officers or members of the City Council of the City of Corpus Christi. Each director must be at least 18 years of age,a resident and qualified elector of the City. Directors may be appointed to succeed themselves.The term of four of the initial DETAILS members of the board of directors shall expire July 31,2018 and the term of the remaining three members shall expire July 31,2019.The terms of the directors shall be two-years,expiring on July 31 of each year. No director may serve longer than six years consecutively,unless such service is required to complete an unexpired term.The Board of Directors shall appoint a president,vice-president and secretary,the terms of each expiring on July 31 of each year. Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation (CCBJDC).If a Director serves on both the Corporation's board and the CCBJDC's board,the expiration of the Director's term on the Corporation's board shall coincide with the expiration of his/her term on the board of the CCBJDC. The City Council will appoint a City Council Member as a Liaison whose term on the Corporation is coterminous with his/her term on City Council. .............................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Resolution TBD;Development Corporation Act of 1979;Texas Local Government Code,Chapters 501-505. .............................................................................................................................................................................................................................................................................................................. MEETS TBD .............................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. .............................................................................................................................................................................................................................................................................................................. DEPARTMENT City Manager's Office .................................................................................................................................................................................................................................................................................................. CORPUS CHRISTI B CORPORATION Page 1 of 2 COMMITTEE/SUBCOMMITEE N/A AGENDAS .............................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CORPUS CHRISTI B CORPORATION Page 2 of 2 Corpus Christi B Corporation Members November 7, 2017 Two (2) vacancies with terms to 7/31/18 and 7/31/19. (Note: The City Council concurred with the appointment of a City Council Member as a Liaison, whose term on the Corporation is coterminous with his/her term on City Council.) Vacancy CORPUS CHRISTI B CORPORATION Vacant 1 07/31/18 Vacancy CORPUS CHRISTI B CORPORATION Vacant 1 07/31/19 City Council Liaison CORPUS CHRISTI B CORPORATION Vacant Coterminous Lee A. Trujillo CORPUS CHRISTI B CORPORATION Active 1 07/31/18 Bart Braselton CORPUS CHRISTI B CORPORATION Active 1 07/31/18 Randy Maldonado CORPUS CHRISTI B CORPORATION Active 1 07/31/18 Scott M. Harris CORPUS CHRISTI B CORPORATION Active 1 07/31/19 Gabriel Guerra CORPUS CHRISTI B CORPORATION Active 1 07/31/19 Corpus Christi B Corporation Applicants November 7,2017 Mary Jane Garza CORPUS CHRISTI B CORPORATION District 4 Texas A&M University-Corpus Christi 6300 Ocean Drive,Unit 5741 Corpus Christi TX 361-825-6005 yes Lillian T.Helms CORPUS CHRISTI B CORPORATION District 2 Turner Industries Group 8601 IH 37 Access Road Corpus Christi TX 361-248-3005 yes Leah Pagan Olivarri CORPUS CHRISTI B CORPORATION District 4 Olivarri&Associates,Inc. 3833 South Staples St.,Suite 5310 Corpus Christi TX 361-884-5000 yes Gordon R.Robinson CORPUS CHRISTI B CORPORATION District 4 Corpus Christi Regional Transportation Authority 602 N.Staples St. Corpus Christi TX 361-903-3483 yes Maria G.Rodriguez• CORPUS CHRISTI B CORPORATION District 1 Frost Bank 4215 S.Staples St. Corpus Christi TX yes John B.Ross VI CORPUS CHRISTI B CORPORATION District 1 Firebird Bulk Carriers,Inc. 1024 S.137 Access George West TX 747-333-6749 yes John Valls CORPUS CHRISTI B CORPORATION District 5 Valls Consulting Group 615 N.Upper Broadway,Suite 616 Corpus Christi TX 361-356-3193 yes Michael C.York CORPUS CHRISTI B CORPORATION District 4 Urban Engineering 2725 Swantner Dr. Corpus Christi TX 361-854-3101 yes ('Currently serves as a City appointee on another board,commission,committee or corporation,but will resign if appointed.) CITY OF CORPUS CHRISTI Submit Date: Sep 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Mary Jane Garza Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here) Current resident of the city? f. Yes r No born and raised, returned to Corpus Christi 15 years ago If yes,how many years? INONMIWM TMONNOMM Primary Phone Alternate Phone Texas A & M University-Corpus Interim Vice President of Christi Institutional Advancement Employer Job Title 6300 Ocean Drive Unit 5741 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tx Work Address-State Mary Jane Garza 78412-5741 Work Address-Zip Code 361-825-6005 Work Phone maryjane.garza@tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? 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: No, I do not currently serve on any City Board. commission or committee. Education, Professional and/or Community Activity (Present) B.S, M.S. Ed.D, members of the following boards: American heart Association, Boys & Girls Club of the Coastal Bend, Corpus Christi Symphony Board, Citizens for Educational Excellence, League of Women Voters, Del Mar College Foundation, Corpus Christi Diocese Bishop's Guild, Equestrian Order of the Holy Sepulchre of Jerusalem, South Texas Botanical Gardens, Texas A & M -CC President's Council, Texas A & M University-Kingsville President's Councill Why are you interested in serving on a City board, commission or committee? This will be a very important board that administers the proceeds of the Type B sales tax to fund economic development, affordable housing and most important street repair projects. I desire to be part of the important decision making process that awards the proceeds of the sale-tax funds. I am well informed and desire for our city to continue to move forward in economic development. Mary Jane Garza Resume Updated 8- 31-2017.pdf Upload a Resume Mary Jane Garza Please upload any additional supporting documents Demographics Ethnicity V Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mary Jane Garza Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? r Yes tz 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? r4 Yes r No Mary Jane Garza Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r 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 B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? � Yes r No Mary Jane Garza Mary Jane Garza,Ed.D EDUCATION Lamar University-Beaumont,Texas—Public School Administration- University of Houston Clear Lake--Clear Lake,Texas-Superintendent Certification- Texas Wesleyan University-Computer Science Program-Fall Texas A&I University-Corpus Christi-Mid-Management Certification Texas A&I University-Kingsville-Doctorate in Education/Bilingual Education- Texas A&I University-Kingsville-Masters in Science-Psychology/Guidance and Counseling Texas A&I University-Kingsville-Bachelors of Science-Elementary Education/Government CERTIFICATION • LIFE Superintendent Certification • LIFE Mid-Management Certification • LIFE Supervisor Certification • LIFE Counselor Certification • LIFE Elementary Certification • PROFESSIONAL EXPERIENCE • Interim Vice President Texas A&M University-Corpus Christi • Naval Air Station-Corpus Christi Navy School Liaison Officer • West Oso ISD—Assistant Superintendent • Jim Hogg County ISD-Interim Superintendent • Lyford CISD-Superintendent- • Galveston ISD—Asst.Supt.Curriculum-September • Brownsville ISD-Executive Director Special Programs- • Macmillan Publishing Company-Bilingual Reading Consultant • Texas Weslayan University-Department of Education-Office of Bilingual Education—Kellogg Fellow • Pan American University-Brownsville,Texas-(Leave of Absence-Department of Education) • Texas A&I University Kingsville,Texas-Graduate Assistant-Doctoral Fellow • Corpus Christi ISD-5th Grade Teacher and High School Counselor PROFESSIONAL BOARDS AND MEMBERSHIPS Military Child Coalition Lifetime Member ASCD Board Member TASCD Board Member Board member TASB-Worker's Compensation Board TEA Commissioner's Cabinet Council Texas Association of School Administrators International Reading Association Texas Reading Association-Texas Association of Bilingual Education National Association of Bilingual Education COMMUNITY ORGANIZATIONS South Texas Botanical Garden and Nature Center-Trustee and Fundraising Co-Chair Instituto Cultural Hispdnico de Corpus Christi-2005-President League of Women Voters-Corpus Christi-2009-President Citizens for Educational Excellence-2010-Present-(Past President) Corpus Christi Symphony Orchestra-2014-Present Bishop's Guild-2005—Present Equestrian Order of the Holy Sepulcher of Jeruslem-2014-Present(by invitation only) Coastal Bend American Red Cross-2005 to 2013(Past President) South Texas Art Museum of South Texas Trustee-2003 to present Communications Chair/Secretary/Executive Board Symphony Guild Member—2005-present Del Mar Foundation Board—2009-present YWCA Advocacy Committee-2012-2013 Corpus Christi Library Board—2008-2013 Texas A&M—Corpus Christi President's Council-2006-present Texas A&M-Kingsville President's Council—2012-present Art Center of Corpus Christi Trustee-2012 to 2014 Commission on Children and Youth 2004-2009 Corpus Christi Health Advisory Committee 2005-2009 Drop-Out Summit City Planning Committee-2008-2009 Hispanic Women's Network-Corpus Christi-Past Chair Hispanic Women's Network-State of Texas-Chair HUD's Empowerment Zone Council Member and Vice Chair- 1994-1998 HONORS/AWARDS Most Beautiful Woman-Inside and Out-Bend Magazine 2015 YWCA-Y Women in Careers 2013 Department of the Navy—Senior Civilian of the Quarter-Second Quarter year 2012 Texas A&M University Reading Council-Literacy Award 2012 Del Mar College Distinguished Former Student Del Mar College Wall of Honor 2012 2012 Trailblazer Award—Outstanding Achievement and Community Service LULAC 41 Outstanding Community Leader 2012 Hispanic Women's Network"La Estrella Award"-October 2012 HWNT Distinguished Service Award Exemplary Educator Award-Texas A&M University-Corpus Christi-College of Education Leadership America Award 2012 Texas Leadership Award-2011 Outstanding Kellogg Fellow—United States Department of Education Outstanding Rio Grande Bilingual Educator Hispanic Women's Network-Corpus Christi Chapter--2008 Star Recipient Texas A&M University Department of Education—Distinguished Doctoral Graduate Teaching Fellow Texas A&I University Outstanding Doctoral Student KEYNOTE PRESENTATIONS Approximately over 500 workshops Approximately 150 major keynotes Approximately 10 major speeches internationally REFERENCES Mr.Julio Reyes—AEP Vice President Rear Admiral Dell D.Bull CNATRA ACFL,FW Central/Southeast Region Training Lead, Captain David Edgecomb CNATRA,Chief of Staff, CAPT Steve"Slash"Banta,U.S.Navy,NAS Corpus Christi Commanding Officer PublishedAuthor Experienced Grant writer Curriculum Frameworks Developer CITY OF CORPUS CHRISTI Submit Date: Oct 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Lillian T Helms Prefix First Name Middle Initial Last Name Suffix Email Address MM TANOW Street Address Suite or Apt State City Postal Code What district do you live in? PF District 2 (Note: If you do not know your district click here) Current resident of the city? r Yes r No 2 If yes,how many years? 100MMUM 1000MOM Primary Phone Alternate Phone Business Development Turner Industries Group Executive Employer Job Title 8601 IH 37 Access Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Lillian T Helms 78409 Work Address-Zip Code 3612483005 Work Phone Ihelms@turner-industries.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? 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: No Education, Professional and/or Community Activity (Present) Over 25 years in progressive new Business Development in real estate, construction, and energy sector. Graduate of University of Houston DT Bachelors in Criminal Justice/ Minor in Political Science, Graduate studies at Our Lady of The Lake, Psychology; Licensed Texas Real Estate Broker, CASA Advocate, Founder of LOVE Support Group {Ladies Overcoming Violence Empowered) to stop domestic violence and sexual assualt Why are you interested in serving on a City board, commission or committee? I believe my experience in real estate development as well as new business development in the private sector all round the state of Texas would be a great asset to the City of Corpus Christi as I have seen many different rejuvenation's of business districts and neighborhoods. Also being a native of Corpus Christi and now coming back home, gives me a different fresh look perspective of how we can keep moving Corpus Christi forward into future growth and development. LillianHelms2016Resume.docx Upload a Resume Lillian T Helms Please upload any additional supporting documents Demographics Ethnicity V Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Lillian T Helms Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? r Yes tz 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? r4 Yes r No Lillian T Helms Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r 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 B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Lillian T Helms Lillian T. Helms Education: University Houston, Bachelor Science Criminal Justice/PS Our Lady of Lake University, MA Graduate studies Psychology World Wide Language Advanced Certificate in Spanish Professional: 11/2016—Present Turner Industries Group Corpus Christi, Texas Business Development Executive • Tasked with establishing new business accounts in Corpus Christi and South Texas • Business to Business development of major industrial operators for the contract of construction and maintenance projects by meeting with decision makers at the C level • Present lunch and learns to teach and capture perspective clients weekly • Road warrior and master networker • Prepare weekly reports to inform team members and VP of current markets • Responsible for ensuring all paperwork gets prepared to initiate MSA • Successful in establishing contracts with major operators such as Flint Hills, Citgo, and Oxy Chem • Prepare monthly expense reports 2/2014—8/2016 Dynamic Industries Inc.; Dynamic Construction Services Ingleside, Texas Business Development/Account Manager • Business to Business development by cultivating relationships through rig/plant location visits, office visits, and leverage networking opportunities • Road warrior; constantly hunting out new opportunities throughout the country • Secured large cap and small cap projects that specialized in turnkey construction projects for refineries, LNG Plants, plastics, petrochemical, salt water disposals, compressor stations, central facilities, offshore platforms, and stabilizer plants for industrial and energy industries • Construction Projects, I sold included multi-craft services in scaffolding, coatings, I & E, civil and site prep, fabrication, welders, riggers, and manpower • Sold and secured long term construction and maintenance services to largest client to date Valero, OK and North Texas refineries. • In one year originated 4 brand new master service agreements (MSA)with major operators building brand new plants or performing expansion. Total of 10 brand new MSA contracts in my tenure with DII • Brought in one opportunity alone to bid major cap project worth$30M; pipe rack modules • Presented educational lunch and learns to company engineers, superintendents, executive management, and craftsman • Strong established relationships with KBR, CB&I, Fluor, Valero, Citgo, Flint Hills, Voelstapine, Cheniere, Chemours, Dupont, Shell, Anadarko, Exxon, EOG, Marathon Oil, Conoco Phillips, Stat Oil, Penn Virginia, Pioneer Natural Resources, Murphy Oil, & BHP • Strong negotiating and communication skills • Assisted legal in obtaining MSA and Confidential work order agreements • Strong leadership and team builder; team player • Produced weekly reports for VP Sales and Operations via CRM entries 9/2012—2/2014 FMC Technologies Houston, Texas Business Development Representative/ Surface Wellhead • Business to Business development by cultivating relationships through rig location visits, office visits, and channeling networking opportunities • Road warrior; constantly hunting out new opportunities statewide • Sold surface wellhead equipment for both drilling and frac completions locations • Completions specialist providing 5 "& 7" 10K and 15K frac valves and TE Manifolds • Taught company reps through lunch and learns the proper usage of equipment and its benefits • In first week with company brought in Marathon Oil Completion operations • Major operating clients with established relationships include Marathon, Pioneer, BP, Chesapeake, Sabine Oil, Conoco Phillips, Anadarko, Devin Oil, Oxy,Newfield, Hunt Oil, Shell, EOG, XTO, Stat Oil, and Talisman • Major service clients with established relationships include Weatherford, Baker Hughes, Halliburton, H&P,Nabors, Trinidad,Nomac, Patterson, Precision, and Orion • Routine visits to ensure great customer service • Excellent sales presenter, negotiator and closer • Obtained vital client information to assist with RFQ and RFP • Prepared weekly production reports for senior management via MSCRM • Confident, assertive, well rounded, bilingual in Spanish, very professional sales rep • Over 17 years of business development and management of a sales team 10/2011 —9/2012 Superior Energy; HB Rentals Houston, Texas Field Sales Representative • Business to Business development by cultivating relationships through personal visits and networking events • Traveled extensively throughout South Texas in EFS • Specialized in living accommodations on locations for drilling and completions work • Presented lunch and learn sessions to company reps • Expert relationship builder and master networker • Excellent closer and negotiator • Assisted in bids and proposals • In less than 45 days brought major account to company; Marathon Oil, completions • Great contacts and relationships with Chesapeake, Halliburton, Black Brush, Conoco Phillips, Anadarko, Exxon,Nabors, Pioneer Well Services and many other key players in the industry • Assisted in getting invoices signed and processed for payment • Prepared and distributed marketing materials and goods to capture attention to business 6/1997— 10/2011 Klein Realty Development & Construction Corporation: Matrix Mortgage Corporation Houston, Texas VP of Business Development/Operations • Broker of Record • In charge of B2B business sales development and project management statewide (Texas) • Supervised and oversaw multi-million dollar commercial development projects from initiation of plans to final delivery (cradle to grave)to customer, such as shopping centers, medical clinics and libraries • Negotiated contracts with customers, including terms and conditions, price incentives and related pricing factors for projects based on customers specific wants and needs. • Supervised and developed 30-50 employees in multiple locations throughout DFW and Houston • Priced and ordered all materials needed for each project. • In charge of timely delivery of materials from third party logistics to company sites throughout the country. • Ensured clients were satisfied and projects were on schedule per terms and agreements. • Oversaw each projects P&L budget to ensure budget control and maximize profit to company. • Assisted in development of marketing materials and website • Drafted, developed and implemented manuals for the processes and procedures of the company using lean Six Sigma methods. • Originated Conventional, VA, FHA, and subprime loans • Processed and verified all documentation such as paystubs, tax returns, child support, employment, rent, and credit • Taught community first time home buyer courses in conjunction with City Government program offerings • Encompassed every aspect of supply chain management to ensure company savings. • Interviewed and awarded projects to multiple vendors and subcontractors. • Attended executive meetings with all contractors and suppliers to ensure project was on schedule and all terms of contract were met. • Supervised onsite development to ensure project was on schedule and deadlines were met. • Managed and defused all conflicts and issues. • Compliance and Regulation Officer. • Drafted, modified, reviewed and renewed contracts with third party vendors such as IT, office equipment, document management, cleaning services, and employment agencies. • Drafted employment contracts and agreements. • Drafted and reviewed non-disclosure agreements. • Main point of contact for Spanish speaking clientele. Language: Bilingual English/ Spanish Travel: I can travel extensively domestically and internationally at hours' notice; willing to relocate for right opportunity Volunteer: Over 20 years volunteering in various community outreaches: Certified CASA Advocate Guardian Ad Litem Founder of LOVE Support Group: Domestic Abuse Advocate CITY OF CORPUS CHRISTI Submit Date: Nov 01, 2017 Application for a City Board, Commission, Committee or Corporation Profile Leah Pagan Olivarri Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 37 years and 10 years growing up If yes,how many years? Are you a registered voter? r Yes r No INUMMKOW wmwmm � Primary Phone Alternate Phone Olivarri & Associates, Inc. President Employer Job Title 3833 South Staples ST, Suite S110 Work Address-Street Address and Suite Number Leah Pagan Olivarri Corpus Christi Work Address-City TX Work Address-State 78411 Work Address-Zip Code 361-884-5000 Work Phone leah.olivarri@olivarri.com Work E-mail address Preferred Mailing Address V Work Address Which Boards would you like to apply for? 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: No Education, Professional and/or Community Activity (Present) Please see attached resume for detail. Have BA and MA and served on a variety of community boards as well as being involved in various community activities. Why are you interested in serving on a City board, commission or committee? I have a passion to see our city grow and develop and believe I can contribute to the work of the Type B board. Leah Olivarri Resume 2017.doc Upload a Resume Leah Pagan Olivarri Please upload any additional supporting documents Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Leah Pagan Olivarri Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r. Yes r No Does your employer or your spouse's employer have a City contract? r. Yes r` 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? r4 Yes r No Leah Pagan Olivarri 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 r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My firm, Olivarri & Associates, Inc., is a subcontractor to the engineers on two active street projects - Ocean Drive reconstruction (Hansen) and Gollihar Road reconstruction (Freese Nichols), is a subcontractor (Hansen) potentially assisting the engineers on residential work, and is a subcontractor (Freese Nichols) on the industrial desalination project. All of these contracts have been approved with negotiated fees (or not to exceed fees) though the desalination project Phase 1-B project is on second reading next week and no work authorization has been issued. I have not received or had any work that received Type A funding nor do I anticipate any future work associated with Type B funding. I will studiously avoid any conflict or appearance of a conflict of interest. Board-specific questions (if applicable) Leah Pagan Olivarri Leah Olivarri President, Olivard&Associates, Inc. Education Ms. Olivarri is the sole owner and president of Olivarri & Associates, Inc., a BA, Mt. Holyoke College, Corpus Christi- based research and planning firm established in 1986. She South Hadley, Massachusetts, has over 30 years of diverse consulting and government experience. Her magna cum laude, 1973 areas of expertise include public involvement and outreach; facilitation; MA, University of Texas at demographic research; social, economic and financial assessments; Austin, 1976 management and operational analysis; and planning assistance. Holding an Licenses/Registration advanced degree in social science, she is knowledgeable in the use of various HUB techniques to engage stakeholders in the planning process and is fully DBE conversant with NEPA processes and requirements. She has conducted a TxDOT Precertified: number of socio-economic analyses and assessments and has an in-depth Socio-Economic and knowledge of the demographics and socio-economic trends in South Texas as Environmental Justice Analyses well as the state of Texas. She has extensive experience in development of Years of Experience technical documents and presentations as well as outreach to special 30+ populations and minority communities. Ms. Olivarri is pre-certified by the Texas Department of Transportation (TxDOT) in Socio-Economic and Environmental Justice Analyses. A member of Leadership Corpus Christi, Class XI, she has served on a number of local and state agency boards. She served as a member of the Science and Technical Committee of the Corpus Christi Bay National Estuary Program and the City of Corpus Christi Charter Revision Committee in 2009. She serves on the Board of the Corpus Christi Chamber of Commerce and chairs the Infrastructure Committee, is on the South Facilities Task Force and Executive Committee and is a member of the Board of the Coastal Bend Community Foundation. In 2009, she was inducted into the Corpus Christi YWCA Hall of Fame. She has published articles and presented papers at a number of regional and national conferences. Ms. Olivarri began her professional career in Austin working for RPC, Inc. in the 1970s. Notable projects including management of a study entitled 'Siting Industrial Facility on the Texas Coast" authorship of a chapter book entitled Refining the Waterfront, Alternative Energy Facility Siting Policies for Urban Coastal Areas edited by David Morrell and Grace Singer of Princeton University, and work that led to an article 'DOCS (Outer Continental Shelf) Development: A Community's Acceptance of Risk" published in the Coastal Zone Management Journal. During this period, she also worked on the research for the Texas Coastal Zone Management Program, and a number of socio-economic impact assessments and permitting work associated with various energy-related projects. Moving back to Corpus Christi in 1980, she worked for the City of Corpus Christi for five years. Following positions as Assistant to the City Manager for two city managers, she was promoted to the Director of Administrative Services overseeing the Budget, Personnel, Risk Management and Data Processing Departments and co-managing the Internal Audit unit with the Director of Finance. She returned to consulting having been recruited to manage an effort for Wolfe Consulting on City-County consolidation for Austin and Travis County as well do other management consulting work for entities in various states. In 1987, she decided to open her own consulting company based in Corpus Christi. Originally more oriented toward management consulting for private and public entities, beginning in the 1990s her firm began to do an ever increasing amount of planning, communications and public outreach work. For over two decades, she has directed the public outreach component on numerous transportation projects for TxDOT and other entities. Among other projects, she directed the public involvement, including public meetings and public hearing process, for the Environmental Assessment of the Upgrading of US 77 to interstate standards from the Robstown area through the Rio Grande Valley. She assisted with overall outreach activities for the Corridor Development and Management Plan for the Ports to Plains Corridor (2004). She completed the successful public hearing process for the Joe Fulton International Trade Corridor project. She led the Texas-Louisiana effort on the National I-10 Freight Corridor Study, a project which involved coordination with Departments of Transportation (DOTs) from eight states. During the State Highway 16 feasibility study and the US 83/Port Roads project, the public participation component of both projects involved working effectively with three TxDOT districts as well as the Transportation Planning and Programming (TPP) Division in Austin. Her local project experience includes directing the public information and outreach activities for a range of local entities including the City of Corpus Christi, the Port of Corpus Christi Authority, the Corpus Christi District of TxDOT, the Corpus Christi Metropolitan Planning Organization (CCMPO), the Corpus Christi Regional Transportation Authority and Nueces and San Patricio Counties. Examples of her project experience include CCMPO-Nueces County-San Patricio County-City of Corpus Christi Regional Parkway Feasibility project, the Port of Corpus Christi Authority's Environmental Assessment and other activities related to the development of Joe Fulton International Trade Corridor, the Port of Corpus Christi's and U.S. Army Corps of Engineers' Environmental Impact Statement for the Deepening and Widening of the Corpus Christi Ship Channel and the Extension of La Quinta Channel, the SPID (SH 358) Ramp Reversal Project (TxDOT) and the FM 2444 (Staples)/SH 357 (Saratoga) Median Project (TxDOT). On a number of these projects, she assisted with the development of environmental documents as well as directing public outreach. She was the Project Manager on a Freight and Hazardous Cargo Study for the CCMPO that researched data and conducted interviews and meetings with government officials and other stakeholders in order to help define freight movements within Nueces and San Patricio Counties. She contributed to the CCMPO Bicycle and Pedestrian Plan. Ms. Olivarri has organized and managed a number of community/strategic planning efforts. She directed public outreach for the Lower Rio Grande Valley Economic Adjustment Study funded by the US Economic Development Agency and administered by the Lower Rio Grande Valley Development Council. As a part of this award-winning study on drainage capital improvement needs in a four county area, she led development of the project evaluation process used to analyze and prioritize over 390 projects totaling over $1 Billion in estimated costs. She led the successful community strategic planning process which resulted in portions of Cameron, Hidalgo, Willacy and Starr counties being designated a federal Empowerment Zone. The development of the update to the four-county Rio Grande Valley Mobility Plan, which she led in 2003, required extensive community and official outreach and involvement in the planning process. One of her most unusual projects was coordinating the South Texas Spaceport Consortium, a regional coalition of public officials from 13 counties dedicated to the development of a spaceport in South Texas, including officials from entities in Cameron County. This project included securing legislative support for the effort and two rocket launches in Willacy County. Ms. Olivarri has also directed numerous public relation and information efforts for private clients. These projects include major industrial facilities and development projects in Nueces and San Patricio Counties area. She has a good working relationship with many of the business leaders and groups in the area. Losing both of her beloved parents within two years, she and her brother sold her family's 50 year old business, Pagan Lewis Motors which proved to be a complicated and challenging undertaking. Married to a now retired CPA for over 45 years, she enjoys cooking, reading, traveling and enjoying the flowers and plants his horticultural expertise he produces. CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gordon R Robinson Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 (Note: If you do not know your district click here) Current resident of the city? r. Yes r No 4 If yes,how many years? Are you a registered voter? r Yes r No qwnmmm� TMOMEMM Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority _ Director of Planning Employer Job Title 602 N. Staples St. Work Address-Street Address and Suite Number Gordon R Robinson Corpus Christi Work Address-City TX Work Address-State 78401 Work Address-Zip Code 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address W 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. Gordon R Robinson 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. Gordon_Robinson_Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Ethnicity V Caucasian/Non-Hispanic Gordon R Robinson Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W' I Agree Gordon R Robinson Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r: Yes rF 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? r^ Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r` Yes r:` 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 ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20 -year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five -Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed -flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. .continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. ■ Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. ■ Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. ■ Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. ■ In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central -Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. ■ Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. ■ Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. ■ Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: ■ 2017-18 Leadership Corpus Christi Class 46 Participant ■ 2016-17 Texas Transit Leadership Initiative Graduate ■ Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops ■ Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV ■ 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA ■ Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee ■ Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute ■ Member of the Corpus Christi MPO Technical Advisory Committee ■ Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX ■ Competent Communicator Award with Toastmasters International ■ Member of the 2011-2012 OCTA Leadership Academy ■ Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Sep 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile Maria Prefix First Name Email Address G. Rodriguez Middle Initial Last Name Suffix Street Address City What district do you live in? * 17 District 1 Suite or Apt State Postal Code (Note: If you do not know your district click here) Current resident of the city? a Yes r No 22 If yes, how many years? vosamme Primary Phone Alternate Phone CUSTOMER SERVICE FROST BANK REPRESENTATIVE Employer Job Title 4215 S. STAPLES ST. Work Address - Street Address and Suite Number CORPUS CHRISTI Work Address - City TX Work Address - State Maria G. Rodriguez 78411 Work Address - Zip Code Work Phone mrodriguez1665@gmail.com Work E-mail address Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? 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: Yes, Human Relation Comission Education, Professional and/or Community Activity (Present) GRADUATE OF COLLEGIATE HIGH SCHOOL 2013, COMMITTEE WORK FOR CORPUS CHRISTI 7 DAY FILM FESTIVAL, ASSISTING MARTIN MIDDLE SCHOOL CHOIR TEACHER WITH CONCERT PREPARATION AND ORGANIZATION, Corpus Christi PIO Intern, Currently a student of the University of Houston - Victoria. Why are you interested in serving on a City board, commission or committee? I would like to be involved within a board to further assist me with my end -goal career. Focusing more on the financial aspects or the city would assist me by providing a well rounded communication and financial education. Upload a Resume Resume 2017.pdf Please upload any additional supporting documents Maria G. Rodriguez Demographics Ethnicity fJ Hispanic Gender w Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. TJ I Agree Maria G. Rodriguez Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw 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 r 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 r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Maria G. Rodriguez 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? rYes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes 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 B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r No Maria G. Rodriguez Maria G. Rodriguez Creative individual who is passionate about implementing team driven solutions to everyday and emergency situa- tions. Looking to further strengthen customer service skills, continue to be civic minded, and improve the communi- ties I am involved in. Education: '17- University of Houston - Victoria, Victoria, Texas Currently attending - expected graduation date Winter 2018 '09-'13 Del Mar College, Corpus Christi, Texas College Hours Earned - 40 credit hours '09-'13 Collegiate High School, Corpus Christi, Texas Distinguished Graduate Experience: • Ironwood Finance - Lending Officer • Completes high volume outbound calls to potential clients, works towards daily, weekly, and month- ly sales goals, assists with the training of new hires, has team of agents and works to ensure they meet their goals. Currently in training to be Lead Lending Officer. • • Corpus Christi Metro Ministries - Residential Supervisor • Monitor residents to ensure their safety as well as ensuring that rules are being followed. Screen pos- sible new intakes, run background checks on all possible residents, and ensure that the shift I am assigned too runs smoothly and effectively as possible. • • Frost Bank - Customer Service Specialist • Worked in a call center environment taking calls with the intentions of servicing customers with any issue that they may have. Assisted customers with their accounts such as checking, savings, CDs, IRAs, and loans. Also provided new account information to prospective customers such as products, their terms and conditions as well as rates. Provided assistance with the internet department as one of their back up representatives. Was able to assist customer with unlocking or locking their online access and able to assist them with basic IT issues. Participated in ongoing training to ensure that customers were receiving world class customer service. Assisted the trainers by mentoring new hires ensuring that we would have more qualified and able -minded representatives. • HEB - Cashier / Floral Department • Trained as cashier with TABC license and cashier training to properly service customers. Handle all customer payments and credit transactions and responsible for the daily balancing and reconciling of registers. Lead floral partners in daily responsibilities and safety protocols to ensure success and productivity of the department. Handled special requests from personal and corporate customers and delegated tasks to other partners to ensure the success of the department. Community Service: • Martin Middle School Choir • Boy Scouts of America • Veteran's Memorial Choir • Corpus Christi Downtown District • House of Rock • Human Relations Commission with the city of Corpus Christi • Corpus Christi 7 Day Film Festival CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile John B Ross Prefix First Name Middle Initial Last Name Email Address VI Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 1 (Note: If you do not know your district click here) Current resident of the city? c'Yes r No 4 If yes, how many years? 111111111111111111111111111 Primary Phone Alternate Phone Firebird Bulk Carriers, Inc. Oilfield Driver Employer Job Title 1024 S. 137 Access Work Address - Street Address and Suite Number George West Work Address - City Texas Work Address - State John B Ross VI 78022 Work Address - Zip Code 747-333-6749 Work Phone johnrossvi@gmail.com Work E-mail address Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? 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: No. Education, Professional and/or Community Activity (Present) Education: BBA in Management . Professional: Experienced with interstate commerce to/from Corpus Christi . Community: Landlord . Why are you interested in serving on a City board, commission or committee? This particular board, CC B -Corp., interests me. For years I've experienced roadways that need improvement. I believe it can be done without going bankrupt. There is a right way to steer tax -resources for economic development. This unique approach will turn a profit & minimize wastefulness. Affordable housing shouldn't be perceived as an eyesore, but something valued by their occupant(s). Peak dwelling condition should be maintained from move -in through move -out. Recent events may provide more workers requiring local housing & that, in turn, will increase tax -revenue. The time to act is now & get ahead of the curve; a plan in place will always prevail plans made to re -gain lost ground. Upload a Resume John B Ross VI Please upload any additional supporting documents Demographics Ethnicity fJ 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. 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. rw I Agree John B Ross VI Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw 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 r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes c: No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? • Yes r No John B Ross VI 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? rYes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes o'No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Depending on customer demand at work, an occasional absence may be required. I intend to give as much notice as possible. Board -specific questions (if applicable) Question applies to CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes c No John B Ross VI CITY OF CORPUS CHRISTI Submit Date: Oct 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile John Prefix First Name Email Address Middle Initial Valls Last Name Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 5 (Note: If you do not know your district click here) Current resident of the city? c'Yes r No 50 If yes, how many years? Primary Phone Alternate Phone Valls Consulting Group Principal Consultant Employer Job Title 615 N. Upper Broadway, Suite 616 Work Address - Street Address and Suite Number Corpus Christi Work Address - City Texas Work Address - State John Valls Page 1 of 6 78401 Work Address - Zip Code 3613563193 Work Phone jevalls@gmail.com Work E-mail address Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: 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: No. Education, Professional and/or Community Activity (Present) BBA, MBA and pursuing a Doctorate in Business Administration, Current Chairman of the Nueces County Appraisal District Board of Directors, Board Member Nueces County Hospital District, Former Chairman of the Corpus Christi Regional Transportation Authority, Former Chairman of the Corpus Christi Hispanic Chamber of Commerce, Chairman of the Board of Texas Bridge Credit Union. Why are you interested in serving on a City board, commission or committee? To provide my unique skill set and extensive public and private experience in developing sound public policy. John Valls resume..pdf Upload a Resume Please upload any additional supporting documents John Valls Demographics Ethnicity fJ Hispanic Gender l 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. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 1W I Agree John Valls 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. IV 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 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 r 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 r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No John Valls 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? rYes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA Board -specific questions (if applicable) Question applies to CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r No John Valls JOHN EDWARD VALLS 10/10 - Present Public Relations & Public Administration Consultant —Valls Consulting Group (VCG) Serve as a contracted consultant specializing in Government Affairs, Public Administration and Business Development. Established VCG in the fall of 2010 to take advantage of a wide skill set and unlimited project opportunities. Retained by the Cities of Gregory, Beeville, Ingleside, Alice and Driscoll, TX to serve as a consultant City Administrator or in a grant writing capacity. Provide a successful resume of public administration activities to include voter passage of a sales tax imitative for creation of an economic development corporation, closure on a $3 million municipal bond package, authored a $1 million and $1.2 million Economic Development Administration grant for communities in San Patricio County and successfully negotiated a 20+ year commercial water and wastewater user agreement with Tiajin Pipe Company of America (TPCO) to utilize the City of Gregory's utilities. • City of Gregory — City Administrator Oversaw the direction and implementation of several public works, economic development and publilc policy projects. Successfully authored a $1 million Economic Development Administration (EDA) Public works grant related to improving the WWTP and extending a waterline to the Tianjin Pipe Compmany poject site. Introduced to the council the concept of an AMR system to create efficiency and accuracy in water meter readings. The council approved the project which, I facilited the implementation of bringing the city water revenue collection from approximately 65% to near 95%. Worked closely with state and national regulatory agencices, primarily TCEQ and TxDOT to address current and outstanding issues facing the city of Gregory. Worked closely with area state legislators to address outstanding TCEQ fines imposed on the city of Gregory. Visited Sens. Zaffirini and Hinojosa and their staffs on several occasions to solicit their help in facilitating meetings with TCEQ with the goal of educing the TCEQ fine to a more affordable amount. I was successful in having the amount reduced. Presented to the voters at town hall meetings the idea of increasing the city sales tax rate by 1/2 % in order to create a 4B economic development corporation. The voters overwhelming approved the 4B tax referendum. Worked closely with area legislators on the city's behalf regarding legislation to the benefit of the city. • City of Beeville - Assistant City Manager & Legislative Director Retained to assist the new city manager with her transition into the role and to direct the legislative activities of the city. Introduce a legislative agenda to the council for consideration which, they subsequently adopted (this was the first time the City of Beeville had a legislative agenda). Worked closely with Reps. Hunter and Lozano along with Sen. Zaffirini to sponsor legislation aimed at using an alternate funding source to assist the city in paying for water infrastructure developments. Presented to Rep. Lozano, the concept of utilizing a portion of the hotel/motel occupancy tax to fund critical water infrastructor development. The result was him sponsoring HB 1279: Relating to the use of hotel occupancy tax revenue in certain municipalities and counties. Did the same in the senate with Sen. Zaffifini sponsoring SB 1703: Relating to the use of hotel occupancy tax revenue in certain municipalities and counties. Also was able to have Rep. Lozano introduce HB 1283: relating to the tax exemption for permanent hotel residents in certain municipalities and counties. Worked closely wity Scott Joslove, President of the Texas Hotel Motel Lodging Association on each of these bills. JOHN EDWARD VALLS • City of Driscoll — City Administrator Retained as a consultant City Administrator to take over in the absence of a permemnat city secretary or clerk. Supervise the daily activities of the entire city staff to include, public works, municipal court, utilities and the police department (unitl a full-time chief was hired). Duties also include leading the city's legislative efforts related to I69 as the new Interstate is designed to bypass the city. Working with Rep. Herrero's office regarding any economic adjustment funding. Work closely with TxDOT, TCEQ. FEMA, Texas Department of Agriculture and the Council of Governments on various city related issues from CBDG grants to I69 to the city's water and WWTP. Working on annexation to the east in advance of the bypass in order to capture this area in the event of future commercial development. 05/04 — 10/10 Public Affairs/Business Development team —Port of Corpus Christi Authority Primarily responsible for developing and maintaining both a proactive and responsive public affairs and media relations program. Served as the primary liaison between the Port and its industry and community stakeholders, advertising agency, and regional partners to lead the development of an effective regional outreach program to include public speaking and advertising in print, radio and promotional videos. Coordinated the Port's public affairs and communications activities; acted as the primary contact with the media and served as "spokesman" for the Port Authority. Coordinated appearances in trade shows, receptions, economic development projects and special events outside the local community Served as the Port's primary public affairs contact and frequently delivered presentations to local civic and business associations. Worked closely with special interest groups, community leaders and organizations such as Chambers of Commerce and Economic Development Corporations along with local and state elected officials regarding port, economic development and community issues and interests. Supervised the budget of the department and promoted fiscal responsibility with direct oversight of expenses, capital expenditures and travel. Work closely with state and local elected officials and maintain a specialized knowledge of the state legislative process. New role as General Cargo Manager worked within the business development department to prospect, attract new and maintain existing cargo movements through the port. Served as the Project Manager of the wind energy sector of the port's business development initiatives, prospected and attracted wind farm developers and turbine manufacturers to transport cargo through the Port of Corpus Christi versus other ports. Worked closely with several of the world's top wind turbine manufacturers to include; Siemens, Vestas, GE, Gamesa, CSWind, Dongkuk and Clipper. Was successful in recruiting three new wind farm projects to select the Port of Corpus Christi as their port of entry in 2010 alone. Maintain considerable contacts with local/regional media outlets and relationships with Chambers of Commerce and regional Economic Development Corporations and members of the Port Industries. 02/03 — 05/04 Business Development/Marketing/Public Affairs -CC International Airport Oversaw the airport tenant relations program to include marketing, public affairs, business development, and strategic planning. Developed new business projects to enhance airport use and to generate new revenues. Negotiated leases and contracts for approximately 28 tenants and worked closely with media to disseminate airport related information. Supervised the airport's marketing and public affairs campaign and worked closely with local civic and business organizations along with area elected officials. Prospected new air services and created an air service stimulus incentive package to attract airlines for new or expanded service. JOHN EDWARD VALLS 3/97 - Present Adjunct Professor - University of the Incarnate Word, Del Mar College and Park College (Corpus Christi) Adjunct Professor instructing in the area of business administration focusing in the Management and Marketing disciplines. Help guide students to a competent understanding of the management and marketing discipline through lecture, case analysis, assignments and exams. Responsible for developing lecture material, exams along with maintaining detailed records of grades and attendance. Perform advising role for students, review transcripts and make recommendations of course work related to their degree plans. Extremely proficient with Microsoft Office and solid personal computer skills. EDUCATION: University of the Incarnate Word Degree: Doctorate of Business Administration (DBA) (commence May 2017) Texas A & M University - Corpus Christi Degree: Master of Business Administration (MBA) 1995 Sam Houston State University - Huntsville, TX Degree: Bachelor of Business Administration (BBA) 1989 BOARD OR COMMITTEE MEMBERSHIP Corpus Christi Regional Transportation Authority — Chairman Emeritus, Board of Directors Nueces County Appraisal District — Chairman of the Board Nueces County Hospital District — Board Member Texas Bridge Credit Union — Chairman, Board of Directors Corpus Christi Hispanic Chamber of Commerce — Past Chairman, Board of Directors Leadership Corpus Christi Alumni Association — Board of Governors South Texas Strategic Military Affairs Task Force - member CIVIC INVOLEMENT: Adjunct Professor (Classes instructed) Principles of Marketing Organizational Behavior Business Policy and Strategy Principles of Supervision Business Communication Marketing Research Fundamentals of Advertising Consumer Behavior Introduction to BusinesS International Business Management Principles of Management Leadership Corpus Christi Board of Governors - Chairman Leadership Corpus Christi Steering Committee Class 29 Leadership Corpus Christi Graduate Class 28 Corpus Christi Literacy Council - Board of Directors American Red Cross -Coastal Bend Chapter - Board of Directors Youth Odyssey - Board of Directors Young Professional Club March of Dimes — Walk America Team Development Coordinator United Way of the Coastal Bend — Allocation Committee Member Leadership Corpus Christi Class 33 - Chairman Corpus Christi Convention and Visitors Bureau — Board of Directors Corpus Christi Chamber of Commerce — Board of Directors Leadership Corpus Christi Alumni of the Year 2008 Del Mar College Foundation — Board of Directors JOHN EDWARD VALLS REFERENCES: Hon. Todd Hunter State Representative Hon. J.M. Lozano State Representative Hon. John Aguilar Mayor, City of Driscoll Hon. David Carabajal Mayor, City of Beeville Hon. Billy Huerta Mayor, City of Odem Matt Lamon Chief of Staff St. Rep J.M. Lozano Hon. Ike Ornelas Mayor, City of Alice Hon. Juan "Chuy" Hinojosa State Senator Abel Herrero State Representative Hon. John Marez Nueces County Commissioner, Pre. 3 Ms. Deborah Balli Fmr. City Manager, City of Beeville Finance Director, City of Kingsville Luis Moreno Chief of Staff Sen. Juan Hinojoa CITY OF CORPUS CHRISTI Submit Date: Sep 28, 2017 Application for a City Board, Commission, Committee or Corporation Profile Michael C York Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 4 (Note: If you do not know your district click here) Current resident of the city? c'Yes r No 22 If yes, how many years? Primary Phone Alternate Phone Urban Engineering Project Manager Employer Job Title 2725 Swantner Dr Work Address - Street Address and Suite Number Corpus Christi Work Address - City TX Work Address - State Michael C York 78404 Work Address - Zip Code 361-854-3101 Work Phone michaely@urbaneng.com Work E-mail address Preferred Mailing Address w Home/Primary Address Which Boards would you like to apply for? 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: No Education, Professional and/or Community Activity (Present) Corpus Christi Branch of the American Society of Civil Engineers (ASCE) - Current Past -President Canstruction Corpus Christi - Founder, Current Chairman Leadership Corpus Christi Class 46 - Current Class Member Why are you interested in serving on a City board, commission or committee? Generally to get more involved in city affairs. Specifically to help improve our city by serving on a board responsible for allocating funds to certain programs and rehabilitation projects. York Michael Resume 20170928.pdf Upload a Resume Please upload any additional supporting documents Demographics Michael C York Ethnicity Caucasian/Non-Hispanic Gender I Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Michael C York 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. IV I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. J 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 r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes r: No Does your employer or your spouse's employer have a City contract? ✓ Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r No Michael C York 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? rYes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r- Yesr: 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 B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,PLANNING COMMISSION Are you a registered voter? Yes r" No Michael C York MICHAEL C. YORK, P.E. SUMMARY OF QUALIFICATIONS • Over eight years engineering experience in private sector land development • Proven ability to succeed in a team oriented environment, as well as in leadership roles • Excellent problem solving skills and communication abilities • Self -motivated to accomplish goals and meet deadlines EDUCATION UNIVERSITY OF TEXAS AT ARLINGTON Bachelor of Science in Civil Engineering December 2012 PROFESSIONAL EXPERIENCE URBAN ENGINEERING, Corpus Christi, Texas September 2013 — Present Project Manager • Design paving, grading, water, wastewater, effluent, drainage, and erosion control systems for residential, commercial, industrial, and medical projects that meet the client's expectations, as well as the requirements of all governing entities • Draft construction plans using AutoCAD Civil 3D, and draft specifications • Perform hydraulic calculations for storm sewer design • Perform quantity take -offs and draft cost estimates • Draft and execute bid proposals and contract documents • Hold meetings pertaining to bidding and construction, review and approve submittals from contractors, and respond to Requests For Information (RFIs) • Perform site visits, coordinate with clients and contractors, and promptly address any issues that arise during the construction process • Implement AutoCAD Civil 3D as new design software for office, and train employees to be proficient in using new software for design and drafting purposes • Delegate tasks to drafting technicians and administrative assistants as necessary to maintain highest level of productivity • Work directly with architects and other engineers to coordinate elements of design JBI PARTNERS, INC., Addison, Texas December 2012 — September 2013 Land Development Engineer • Design paving, grading, water, wastewater, drainage, and erosion control systems for residential subdivision projects that meet the client's expectations, as well as the requirements of all governing entities • Draft construction plans using AutoCAD Civil 3D • Perform hydraulic calculations for storm sewer design • Perform quantity take -offs and draft cost estimates • Draft and execute bid proposals and contract documents • Hold meetings pertaining to bidding and construction • Perform site visits, coordinate with construction managers and contractors, and promptly address any issues that arise during the construction process MYCOSKIE MCINNIS ASSOCIATES, INC., Arlington, Texas November 2011 — December 2012 Engineering Intern • Design paving, grading, water, wastewater, drainage, and erosion control systems for residential, commercial, and oil & gas projects that meet the client's expectations, as well as the requirements of all governing entities • Draft construction plans using AutoCAD Civil 3D • Perform hydraulic calculations for storm sewer design • Perform site visits, and document the ongoing progress of construction • Develop and implement CAD standards that improve productivity and efficiency • Perform quantity take -offs and draft cost estimates • Draft bid proposals and contract documents DUNAWAY ASSOCIATES, L.P., Fort Worth, Texas July 2010 — August 2011 Engineering Intern • Design paving, grading, water, wastewater, drainage, and erosion control systems for oil & gas, residential, and commercial projects that meet the client's expectations, as well as the requirements of all governing entities • Draft construction plans using AutoCAD Civil 3D • Perform hydraulic calculations for storm sewer design • Prepare bid documents, and various types of permit applications for projects CONSULTING ENVIRONMENTAL ENGINEERS, Stephenville, Texas January 2009 — July 2010 Engineering Intern • Design public and private water wells including design of treatment, storage, and distribution aspects • Design effluent discharge systems including conducting soil infiltration testing, selecting appropriate pumps and equipment, and determining discharge locations • Draft construction plans using AutoCAD Civil 3D • Communicate directly with clients and contractors as necessary to ensure projects are designed and constructed in the most efficient and timely manner COMPUTER SKILLS AutoCAD Civil 3D Flowmaster Hydraflow AutoTURN Adobe Acrobat Microsoft Office City Of Corpus Christi REINVESTMENT ZONE NO. 2 BOARD BOARD DETAILS OVERVIEW SIZE 13 Seats TERM LENGTH 2 Years TERM LIMIT N/A The Reinvestment Zone No. 2 Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. DETAILS COMPOSITION The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and owr real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. CREATION / AUTHORITY Motion No. 2000-396, 11/14/00; Ordinance No. 024270, 11/14/00; Motion No. 2000-408; Motion No. 2000-409, 11/21/00; Motion No. 2009-259, 9/15/09. MEETS On call, Council Chambers TERM DETAILS Two-year staggered terms. DEPARTMENT General Government and Operations Support REINVESTMENT ZONE NO. 2 BOARD Page 1 of 2 COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION REINVESTMENT ZONE NO. 2 BOARD Page 2 of 2 Reinvestment Zone No. 2 Board Members November 14, 2017 Nine (9) vacancies with terms to 11/1/19 appointed by the City Council. (Note: Historically, Council Members have been appointed to serve on this board.) The City Council also appoints one member as Chairman for a one-year term beginning 1-1-18. Rudy Garza REINVESTMENT ZONE NO. 2 BOARD Paulette M. Guajardo REINVESTMENT ZONE NO. 2 BOARD Michael T. Hunter Debbie Lindsey -Opel Joe McComb Ben Molina Greg Smith Lucy Rubio Carolyn Vaughn REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Active Term expired 11/01/17 City Member Member Member Member Member Member Chair Member Member Cal Jennings REINVESTMENT ZONE NO. 2 BOARD Active 2 Nueces County Hospital 11/01/18 District Member Gabriel Rivas REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/18 Del Mar College Member Samuel Neal, Jr. REINVESTMENT ZONE NO. 2 BOARD Active 2 11/01/18 Nueces County Member Steve Ellis REINVESTMENT ZONE NO. 2 BOARD Flour Bluff Independent Active 2 11/01/18 School District Member City Of Corpus Christi SENIOR COMPANION PROGRAM ADVISORY COMMITTEE BOARD DETAILS Lt SIZE TERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years The Senior Companion Program Advisory Committee advises the City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program (SCP) including, but not limited to: recruitment strategies; providing support in recruitment of volunteers and volunteer stations; serving as community advocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community; assisting with development and implementation of program evaluations and surveys; conducting an annual assessment of the program by surveying program volunteers; bi-annually assessing project accomplishments and impact; and attending special events and activities related to the SCP. Cq DETAILS COMPOSITION The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 - SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per week), 1 - SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. CREATION / AUTHORITY Ordinance No. 027915, 10/28/08. MEETS Last Thursday of every month at 4:00 p.m., Lindale Senior Center. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Page 1 of 1 Senior Companion Program Advisory Committee Members November 14, 2017 One (1) vacancy with term to 6/16/19 representing the following category: 1 - At -Large. Sherry DuBois SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Resigned District 5 2 06/16/19 At -Large Jeannine M. Leal SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 1 06/16/18 At -Large Veronica Marsello SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 2 2 06/16/19 SCP Volunteer Station Tami Longino SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 4 3 06/16/19 At -Large Maria I. Odeh SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 2 1 06/16/19 At -Large Veronica Ramirez SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 3 1 06/16/18 At -Large Christine Head SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Active District 1 Partial 06/16/18 SCP Volunteer Senior Companion Program Advisory Committee Applicants November 14, 2017 Boards A• •I in- For -7. 'I Gloria Ortiz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 1 At -Large Abel A. Sanchez* SENIOR COMPANION PROGRAM ADVISORY COMMITTEE District 2 Retired At -Large *Currently serves as a City appointee on another board, commission, committee or corporation, but will resign if appointed. CITY OF CORPUS CHRISTI Submit Date: Feb 07, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gloria Ortiz Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 1 (Note: If you do not know your district click here) Current resident of the city? c'Yes rNo Born and raised here in C.C. If yes, how many years? Primary Phone Alternate Phone Employer Job Title Work Address - Street Address and Suite Number Gloria Ortiz Work Address - City Work Address - State Work Address - Zip Code Work Phone gloriaortiz44@yahoo.com Work E-mail address Preferred Mailing Address fF Home/Primary Address Which Boards would you like to apply for? SENIOR COMPANION PROGRAM 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) GED. I enjoy fishing and sewing. Why are you interested in serving on a City board, commission or committee? Upload a Resume Please upload any additional supporting documents Gloria Ortiz Demographics Ethnicity fJ Hispanic Gender w Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Gloria Ortiz Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree Gloria Ortiz Board -specific questions (if applicable) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * SCP Volunteer (Active Volunteer for one-year/serve minimum fifteen (15) hours per week) Gloria Ortiz CITY OF CORPUS CHRISTI Submit Date: Oct 31, 2017 Application for a City Board, Commission, Committee or Corporation Profile Abel Prefix First Name Email Address A. Middle Initial Sanchez Last Name Suffix Street Address City What district do you live in? * 17 District 4 Suite or Apt State Postal Code (Note: If you do not know your district click here) Current resident of the city? a Yes r No 50 If yes, how many years? Are you a registered voter? r Yes r No Primary Phone Alternate Phone Retired Employer Work Address - Street Address and Suite Number Job Title Abel A. Sanchez Page 1 of 6 Work Address - City TX 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? CIVIL SERVICE BOARD: Submitted CIVIL SERVICE COMMISSION: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted HUMAN RELATIONS COMMISSION: Submitted RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE: Appointed SENIOR COMPANION PROGRAM ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Retired Seniors Volunteer Program Advisory Committee Education, Professional and/or Community Activity (Present) Volunteer EAP USPS/Youth Football Coach/Veteran's Center Volunteer Alcohol and Drug Facilitator and Evaluations/Veterans Court Program Certified Volunteer Facilitaror for Close Combat and PTSD/Vietnam Marine Veteran/ Veterans Band of Corpus Christi/ Retired US Postal Service Abel A. Sanchez Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I like to stay involved in the community now that I am retired. Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 1J 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. IJ I Agree Abel A. Sanchez 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. Tx 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. 17 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree 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? cYes •No Do you, your spouse, your business or your spouse's business have a City contract? r Yes 6* No Abel A. Sanchez Page 4 of 6 Does your employer or your spouse's employer have a City contract? ✓ Yes r• 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? r Yes o' 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 aNo Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes r 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 CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? C Yes No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r Yes r No Abel A. Sanchez Page 5 of 6 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? * f -W None of the above 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? * IW RSVP Volunteer (Active Volunteer/one hour per month at a registered RSVP Volunteer Station) Question applies to SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * rJ None of the above Abel A. Sanchez Page 6 of 6 City Of Corpus Christi TRANSPORTATION ADVISORY COMMISSION BOARD DETAILS OVERVIEW SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years The Transportation Advisory Commission is responsible for providing a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applications for transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system; provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility -related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendations for traffic safety-related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decisions, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per the Unified Development Code to the Planning Commission and City Council. Cq DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members without voting privileges, any additional members. CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. TRANSPORTATION ADVISORY COMMISSION Page 1 of 2 DEPARTMENT Street Department COMMITTEE/ SUBCOMMITEE N/A AGENDAS OTHER INFORMATION TRANSPORTATION ADVISORY COMMISSION Page 2 of 2 Transportation Advisory Commission Members November 14, 2017 One (1) vacancy with term to 5/1/18. (Note: At least one member shall be a representative of the bicycling community.) 1 iii 411:i471iCil ja"-2:;I'1 Declined appointment due to conflict with Bicycle Community Phillip Davis TRANSPORTATION ADVISORY COMMISSION meeting time. District 4 Partial 05/01/18 Representative Yes Wilfredo Rivera, Jr. TRANSPORTATION ADVISORY COMMISSION Active District 2 1 05/01/18 No Richard .1 Diaz TRANSPORTATION ADVISORY COMMISSION Active District 4 Partial 05/01/18 Yes Larry L. White TRANSPORTATION ADVISORY COMMISSION Active District 5 Partial 05/01/19 No Elena Buentello TRANSPORTATION ADVISORY COMMISSION Active District 3 1 05/01/19 No Robert Saldana TRANSPORTATION ADVISORY COMMISSION Active District 5 1 05/01/19 No John Garcia TRANSPORTATION ADVISORY COMMISSION Active District 1 1 05/01/20 Yes Leo Rios TRANSPORTATION ADVISORY COMMISSION Active District 4 1 05/01/20 No Dennis Miller TRANSPORTATION ADVISORY COMMISSION Active District 5 2 05/01/20 No Texas Department of Valente Olivarez TRANSPORTATION ADVISORY COMMISSION Active N/A N/A Transportation Corpus Christi Regional Transportation Wes Vardeman TRANSPORTATION ADVISORY COMMISSION Active N/A N/A Authority Corpus Christi Metropolitan Jeffrey Pollack TRANSPORTATION ADVISORY COMMISSION Active N/A N/A Planning Organization Transportation Advisory Commission Applicants November 14, 2017 Boards Applying For Employer Do you qualify for the bicycling community category? Richard Bailey TRANSPORTATION ADVISORY COMMISSION District 2 Retired gil Andres R. Rocha TRANSPORTATION ADVISORY COMMISSION District 3 Retired No Robert C. Soape TRANSPORTATION ADVISORY COMMISSION District 5 No CITY OF CORPUS CHRISTI Submit Date: Aug 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Richard Prefix First Name Email Address Middle Initial Bailey Last Name Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 2 (Note: If you do not know your district click here) Current resident of the city? c'Yes r No 60 years If yes, how many years? Primary Phone Alternate Phone Retired Employer Work Address - Street Address and Suite Number Job Title Richard Bailey Page 1 of 6 Work Address - City Work Address - State Work Address - Zip Code Work Phone r.baileysr@hotmail.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? AIRPORT BOARD: Submitted HUMAN RELATIONS COMMISSION: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Last served on a board in 2006, The Transportation Safety Advisory board. Education, Professional and/or Community Activity (Present) BBA, MBA Why are you interested in serving on a City board, commission or committee? Retired with a lot of time to serve my city. I travel a lot through airports and can probably be a positive influence to the board. Bailey Resume Active.doc Upload a Resume Richard Bailey Page 2 of 6 Please upload any additional supporting documents Demographics Ethnicity IW African American 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. w I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Richard Bailey 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. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. lw I Agree Richard Bailey Page 4 of 6 Board -specific questions (if applicable) Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Richard Bailey Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? r Yes r No Richard Bailey Page 6 of 6 Objective Experience Richard W. Bailey MIN Seeking a challenging position that will continue to utilize my skills, experience and education in the area of Continuous Improvement, Lean Manufacturing and Supply Chain Logistics. ( 2003 - Present) DuPont Lean Six Sigma Green Belt, Lean Practitioner, Production System Black Belt- Certified Facilitator- • Successful implementation of a Lean Production System as a Production System Expert. The DuPont Production System is an integrated system designed to deploy best practices, develop people and organizational capability, and find creative new ways to utilize assets and eliminate waste. Its scope is to "make and deliver" at all DuPont owned/operated manufacturing units. The system is focused on safely serving customers, understanding and outperforming competition, and fully engaging everyone in continuous improvement. It parallels the Toyota Production system in concept and purpose. - Implementation included a diagnostics phase, which identified $14.2 million of potential improvement projects and was achieved over a 2 year period. • Successfully implemented TRACC best practices at the Corpus Christi site using lean six sigma tools. TRACC is an Enhancement Toolset for Lean Production System execution. • Personally led several Black Belt and Kaizen projects which delivered over $1.8 million in hard savings. • Facilitated (part of 3 man team) over 20,000 man hours of training. • Coached and trained site leadership New Mindsets and Behaviors concepts of a Lean Production System. ( 1997 - 2007) Supply Chain Logistics Team Lead - • Managed the Shipping and Logistics Department. • Responsible for reporting site inventory accuracy metrics to corporate Business Managers. • Site Manufacturing Lead (SME) "Subject Matter Expert" for its Enterprise System "SAP". Functional member of the SAP implementation team from design through "go live". • Corporation Fleet Manager for more than 500 units of mobile equipment. (tanker cars, trailers, ISO containers) • Responsible for Manufacturing Sarbanes Oxley Reporting. Education • Responsible for the Production Accounting Group. • Working knowledge of Industrial manufacturing processes, process technology and/or product development. 10 years experience as a manufacturing supervisor on shift rotation. 2 years experience as a project supervisor on $100 million project. • Certified in D.O.T regulatory compliance (1998 — 2006) Texas A& M University Corpus Christi, Texas • M.B.A. 2006 • B.B.A. Information Systems Applications 2002 • Studied and toured the New York Financial Markets in 2005 • Preformed regression analysis to support a Financial Publication (not published) concerning Mutual Fund Activity in 2006 • Advanced Excel, Access Database, SAP R2/R3, knowledge/training • Top of my class in Strategy Analysis (Personal Analysis of The Symantec Corporation) • Offered opportunity to present co-authored paper at University Conference in Las Vegas Nevada. 2006 Interests Ballroom Dancing, football, baseball, fishing and golf Civic Involvement (2005 — 2007) Vice Chair of the Transportation Safety Advisory Committee for the City of Corpus Christi Texas. Appointed by Mayor Henry Garrett (2005 -2007) Patricio County Advisor to the San Patricio Rural Rail District for San (2005 — 2007) Industry representative to the Harbor Safety Committee of the City of Corpus Christi Texas References available upon request CITY OF CORPUS CHRISTI Submit Date: Oct 27, 2017 Application for a City Board, Commission, Committee or Corporation Profile Andres Prefix First Name Email Address R. Middle Initial Rocha Last Name Suffix Street Address City What district do you live in? * 17 District 3 Suite or Apt State Postal Code (Note: If you do not know your district click here) Current resident of the city? a Yes r No 59 If yes, how many years? Are you a registered voter? r Yes r No Primary Phone Alternate Phone Retired Employer Work Address - Street Address and Suite Number Job Title 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 FF Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted TREE ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted MECHANICAL/PLUMBING ADVISORY BOARD: Submitted ELECTRICAL ADVISORY BOARD: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: 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 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. andres-rocha.pdf Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 1J Hispanic Gender IV 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. IJ I Agree 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 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. 17 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? cYes 6 -No Do you, your spouse, your business or your spouse's business have a City contract? c Yes No Andres R. Rocha Page 4 of 7 Does your employer or your spouse's employer have a City contract? c Yes r• 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? rYes cz 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? c Yes aNo Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r 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) c;- Yes c 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? r Yes c 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? * W. 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? * rJ 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 (7 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? * IJJ 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 loss 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 548,31 c,21 B mos Commendations: honorable discharge CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape Prefix First Name Middle Initial Last Name 411.01111111111111111111111111111111111111111111. Email Address Suffix Street Address Suite or Apt State City Postal Code What district do you live in? * 17 District 5 (Note: If you do not know your district click here) Current resident of the city? c'Yes r No 8 If yes, how many years? Primary Phone Alternate Phone n/a Employer n/a Work Address - Street Address and Suite Number Robert C Soape n/a Job Title n/a Work Address - City n/a Work Address - State n/a Work Address - Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address FF 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 Robert C Soape Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Upload a Resume Please upload any additional supporting documents Demographics Ethnicity 1J Other Gender IV 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. IJ 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. TJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. w 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? 6. Yes c No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? CYes a No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? a- 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? r Yes r. 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 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 c(�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(c�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: t(-chc.,e( Au-rnctX Title: Pr, U' 9 A ysf- Date: 10/i x/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 Gwir Unit Price Total Price 5 Asprin 81 mg/ 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 $74620 Bid as specified, sold as CS/50 7 CA Gluconate 10% IV l gm/10mI 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 1 mg/ 1 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/10m1 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 # 0409-1 120-1 1 Packaged: 10 syfing_e/carton BX 130 $13.68 $1,778.40 28 Sodium Bicarbonate 50mg/50m1 NDC # 0409-6637-34 Packaged: 50m111 syringe BX 17 $13.50 $229.50 29 Tranexxamic Acid 1000mg/10mI NDC # 42192-605-10 Packaged: vials EA 30 $14.20 $426.00 Allowance: Expedited deliveries for Medications is to be issued by the Contract Administrator via 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. OM.GUY 164 - NOTARY PUBLIC • CALIFORNW 1 R/' • j SACRAMENTO COUNTY / .1K[ Comm. ExpBs JUNE4, 2021 \1ti.....: ve. C z.n..a fires JUNE,44. 0a S .nature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE, \I Sworn to and subscribed before me, by the said `� 11, 1 A`o 1 , this the day of 20 \-1 to certify which, witness my hand and seal of office. 4 ,-„.,,,, ,, „4 % .„. fi \ G S • • . • e of officer . • ee: _. - 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 64 HEXAGON 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* SAFETY & INFRASTRUCTURE 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: Intergraph Corporation ri /22Gd9)1i Harrison Gough Maintenance Contract Administrator 10/23/17 harrison.gough@hexagonsi.com 2567305851 1 9L(/c�I� THIS IS NOT AN INVOICE Accepted by: Signature: Name: Title: Date: Email: Telephone: Fax: Please mark one of the following options when submitting your acceptance: i� A Purchase Order will be issued and shall reference the terms and conditions of above �J referenced quote. 0 A Purchase Order will not be issued. Customer signature above constitutes notice to proceed with this agreement. 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: 00120870 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 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 4 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 Serial Begin End Service Level Mths Qty Mth Cost Total Cost MME-1-44SXWB 11/1/17 10/31/18 Premium 12 4 $0.00 $0.00 MME-1-44SXUX 11/1/17 10/31/18 Premium 12 10 $53.91 $6,469.20 1-227214196 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 1-227214216 11/1/17 10/31/18 Premium 12 1 $316.25 $3,795.00 MME-1-44SZ65 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-260726323 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 MME-1-44SZ6U 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-251711725 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 1-227214176 11/1/17 10/31/18 Premium 12 1 $575.00 $6,900.00 MME-1-44SXE9 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 1-227214371 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 MME-1-44SZ6F 11/1/17 10/31/18 Premium 12 1 $287.50 $3,450.00 MME-1-44SZ6K 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-249935137 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 MME-1-44RSJF 11/1/17 10/31/18 Premium 12 150 $21.56 $38,808.00 1-251468556 11/1/17 10/31/18 Premium 12 12 $215.63 $31,050.72 MME-1-44SXEE 11/1/17 10/31/18 Premium 12 15 $14.38 $2,588.40 MME-1-44SZ6A 11/1/17 10/31/18 Premium 12 1 $143.75 $1,725.00 1-258551913 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-227214134 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-258551924 11/1/17 10/31/18 Premium 12 1 $0.00 $0.00 1-227214355 11/1/17 10/31/18 Premium 12 1 $431.25 $5,175.00 1-227214236 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 1-227214309 11/1/17 10/31/18 Premium 12 1 $718.75 $8,625.00 1-227214291 11/1/17 10/31/18 Premium 12 2 $359.38 $8,625.12 1-227214114 11/1/17 10/31/18 Premium 12 1 $143.75 $1,725.00 1-251711720 11/1/17 10/31/18 Premium 12 1 $359.38 $4,312.56 1-227214365 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 I/Informer - Backup License 32 IPS0004BCK I/Informer - Backup License 33 IPS0009BCK I/Mobile Data Terminal NL - Backup License 34 IPS0052BCK I/Fire Station Alerting - Backup License 35 IPS0015BCK I/Tracker - Backup License 36 IPS0050BCK I/InterCAD NL - First License - Backup License 37 IPS0018BCK I/Telephone Device for Deaf - Zetron NL - Backup License 38 IPS0042B I/NetViewer - 50 users 41 GSPY5007 GeoMedia Professional NL 44 IPS0009TST I/Mobile Data Terminal NL - Test License 51 I PS0020 I/LEADS-Records Management System Site Number: 50000658 Ln Base Part Description 39 IPS0002 I/Dispatcher 40 I PS0020 I/LEADS-Records Management System CC - Desktop Client 43 IPS0001 HAC I/Executive for High Availability NL - Component 50 IPS21179C INGR Rep Artifacts for Direct CAD - Comp 53 IPS0082 Map Administration Utility Site Number: 00268722 Ln Base Part Description 42 IPS0080C Mobile for Public Safety CC - Comp 45 IPS3042 EdgeFrontier Runtime Engine 46 IPS3042DEV EdgeFrontier Developer Engine 47 IPS21007C SAP BusOBJ Intl Plat for Direct 10 NUL-Comp (Existing Cust) 48 IPS21007TSTC 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 1-328476711 1B8LX2700120870LICG L 1-249935147 1-243369270 Serial 1-243369260 MME-1-44RSI1 Serial 1-B8LX2700268722-1- BIOTQ2-6.4 1-B8LX2700268722-1- BIOTTS-6.4 4 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/17 through 10/31/18 Currency: USD Begin End Service Level Mths Qty Mth Cost 11/1/17 10/31/18 Premium 12 1 $57.50 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 1 $933.80 11/1/17 10/31/18 Premium 12 1 $115.00 11/1/17 10/31/18 Premium 12 1 $0.00 11/1/17 10/31/18 Premium 12 75 $21.56 Subtotal for Site Number 00120870 Begin End Service Level Mths Qty Mth Cost 11/1/17 10/31/18 Premium 12 4 $215.63 11/1/17 10/31/18 Premium 12 15 $21.56 11/1/17 10/31/18 Premium 12 1 $861.93 11/1/17 10/31/18 Premium 12 1 $92.00 11/1/17 10/31/18 Premium 12 1 $203.00 Subtotal for Site Number 50000658 Begin End Service Level Mths Qty Mth Cost 11/1/17 10/31/18 Premium 12 155 $14.38 11/1/17 10/31/18 Premium 12 1 $424.00 11/1/17 10/31/18 Premium 12 1 $318.00 11/1/17 10/31/18 Premium 12 1 $181.00 11/1/17 10/31/18 Premium 12 1 $0.00 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 $177,491.28 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 Page 3 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 49 IPS21049C Site Number: Ln Base Part 55 I PSCUSTOM03 56 I PSCUSTOM03 Site Number: Ln Base Part 57 ESCROW Description Serial 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 Software Escrow Fee Serial Serial Begin 11/1/17 Begin 3/1/18 3/1/18 4 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/17 through 10/31/18 Currency: USD End Service Level Mths Qty Mth Cost 10/31/18 Premium 12 1 $107.00 End 10/31/18 10/31/18 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 A 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 11( 4 / 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 2 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 11of14 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 64 HEXAGON 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* SAFETY & INFRASTRUCTURE 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: Intergraph Corporation ri /22Gd9)1i Harrison Gough Maintenance Contract Administrator 11/1/17 harrison.gough@hexagonsi.com 2567305851 1 9L(/c�I� THIS IS NOT AN INVOICE Accepted by: Signature: Name: Title: Date: Email: Telephone: Fax: Please mark one of the following options when submitting your acceptance: i� A Purchase Order will be issued and shall reference the terms and conditions of above �J referenced quote. 0 A Purchase Order will not be issued. Customer signature above constitutes notice to proceed with this agreement. Page 1 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 Bill To: Site Number: Ln 58 59 60 61 62 63 Corpus Christi TX City Of Department Finance Finance PO Box 9277 Corpus Christi TX 78469 USA Base Part IPS0002TST IPS0003 IPS0004 IPS0004 IPS0004A 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 78 79 80 81 82 83 84 85 86 IPS0030 IPS0030TST IPS0034 IPS0035 IPS0042B IPS0045 IPS0048 IPS004TXC IPS0052 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 4 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 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $377.35 11/1/18 10/31/19 Premium 12 1 $603.75 11/1/18 10/31/19 Premium 12 1 $301.88 11/1/18 10/31/19 Premium 12 1 $377.35 11/1/18 10/31/19 Premium 12 1 $301.88 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 150 $22.64 11/1/18 10/31/19 Premium 12 15 $15.10 11/1/18 10/31/19 Premium 12 1 $150.94 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $0.00 11/1/18 10/31/19 Premium 12 1 $452.81 11/1/18 10/31/19 Premium 12 1 $377.35 11/1/18 10/31/19 Premium 12 1 $754.69 11/1/18 10/31/19 Premium 12 2 $377.35 11/1/18 10/31/19 Premium 12 1 $150.94 11/1/18 10/31/19 Premium 12 1 $377.35 11/1/18 10/31/19 Premium 12 1 $150.94 11/1/18 10/31/19 Premium 12 1 $60.38 Total Cost $0.00 $6,793.20 $3,622.56 $3,984.72 $0.00 $0.00 $0.00 $4,528.20 $7,245.00 $3,622.56 $4,528.20 $3,622.56 $0.00 $0.00 $40,752.00 $2,718.00 $1,811.28 $0.00 $0.00 $0.00 $5,433.72 $4,528.20 $9,056.28 $9,056.40 $1,811.28 $4,528.20 $1,811.28 $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 87 IPS0004BCK 88 IPS0009BCK 89 IPS0052BCK 90 IPS0015BCK 91 I PS0050BCK 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 Description 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 IPS3042DEV EdgeFrontier Developer Engine IPS21007C IPS21007TSTC 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 1B8LX2700120870LICG L 1-249935147 MME-1-44SYXJ Serial 1-243369260 1-243369260 Serial 1-B8LX2700268722-1- BIOTQ2-6.4 1-B8LX2700268722-1- BIOTTS-6.4 4 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 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium 11/1/18 10/31/19 Premium Service Level Premium Premium Premium Begin End 11/1/18 10/31/19 11/1/18 10/31/19 11/1/18 10/31/19 Mths Qty Mth Cost 12 2 $0.00 12 1 $0.00 12 1 $0.00 12 1 12 1 12 1 $0.00 $0.00 $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 12 12 12 Qty 12 4 1 Mth Cost $226.41 $226.41 $905.03 12 1 $96.60 12 1 $213.15 Subtotal for Site Number 50000658 Service Level Premium Premium Premium Premium Premium Mths 12 12 Qty 155 1 Mth Cost $15.10 $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 Description 103 Comp Test(Existing Cust) IPS21049C SAP BusObj Web Intel) for Direct 10 104 NUL-Comp (Existing Cust) Site Number: 50010869 Ln Base Part Description IPSCUSTOM03 CAD I/FSA - Westnet Interface 108 IPSCUSTOM03 CAD I/FSA - Westnet Interface - 109 Modification Site Number: Billing Ln Base Part Description ESCROW Annual Escrow Fee 110 Serial Serial Serial 4 A HEXAGON SAFETY & INFRASTRUCTURE PO#: Performance Period: 11/1/18 through 10/31/19 Currency: USD Begin End Service Level Mths Qty Mth Cost Total Cost 11/1/18 10/31/19 Premium 12 1 $112.35 $1,348.20 Subtotal for Site Number 00268722 $41,064.00 Begin End Service Level Mths Qty Mth Cost Total Cost 11/1/18 10/31/19 Premium 12 1 $91.88 $1,102.56 11/1/18 10/31/19 Premium 12 1 $91.88 $1,102.56 Subtotal for Site Number 50010869 $2,205.12 Begin End Service Level Mths Qty Mth Cost Total Cost 11/1/18 11/30/18 Premium 1 1 $500.00 $500.00 Subtotal for Site Number Billing $500.00 Grand Total Excluding Tax $259,661.48 Page 4 of 4 A 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 11( 4 / 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 2 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 11of14 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 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: 2017-272128 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 term 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 OZ L", I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. •w RR .1r•' a.�ARk `• % , J �'IP IN : 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 BilIG c@cctexas.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 Be ntlev Renewal Advice Summary Advancing Infrastructure Advancing Infrastructure 07 August 2017 City of Corpus Christi 1201 Leopard Street CORPUS CHRISTI TX 78401-2120 USA Tel No: +1 (3618571800) Dear Sir/Madam, 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 mel Advancing 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 Bentley's position regarding our support for ProjectWise V8i and our services to help you with this transition. We will continue to add new capabilities to V8i, such as we did over the past year when we added: a. Geospatial management b. Specification management c. Enhanced automated publishing of i -models and PDFs d. 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. b. c. Windows 10 desktop Windows 2012 R2 server 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 dilP Advancing Infrastructure Advancing Infrastructure Renewal Advice Summary SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943388 1003011508 01 September 2017 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 BentLeu 41110 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 1000071436 City of Corpus Christi , 2726 Holly Rd CORPUS CHRISTI , TX 78415-4112 , USA Part No Descri•tion Quantit Unit Pricin• Discount Total 3121 Bentley SewerGEMS Unlimited Pipes Sub 1 6,875.00 -343.75 6,531.25 61 128.00 Site Total: 6,531.25 2482 eB Information Manager SELECT Sub Annual Amount Due: 6,531.25 -347.10 6,594.90 Currenc USD 1004088922 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 F21" kiy Advancing Infrastructure Renewal Advice Summary SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943388 1003011508 01 September 2017 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 • 24/7/365 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 Be ntlev Renewal Advice Summary Advancing Infrastructure Advancing Infrastructure 13 September 2017 City of Corpus Christi Wastewater Department 2726 Holly Rd CORPUS CHRISTI TX 78415-4112 USA Tel No: +1 (512) 880-3532 Dear Sir/Madam, SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943389 1000071436 01 September 2017 1/3 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 BentLeu 41110 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 F21" kiy Advancing Infrastructure Renewal Advice Summary SELECT Agreement: RAS Number: Customer ID: Expiration Date: Pages: 14576635 40943389 1000071436 01 September 2017 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 • 24/7/365 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 AFFIX Sworn 20 COMMONWEALTH OF PENNSYLVANIA I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. NOTARIAL SEAL Mariel Elizabeth Quigley, Notary Public Uwchlan Twp., Chester County My Commission Expires June 2, 2021 Signature of authorized agent of contracting business entity C 1 _ 1 L r- )Vl r/ rc1 day IVCViM e V t �iMC✓� ,this the r/ of MEMBER, PENNSYLVANIAASSOCIATION OF NOTARIES NOTARY STAMP / SEAL ABOVE to and subscribed before me, bythe said�i L1 , to certify which, witness my hand and seal of office. Of\14(OLL l 2v'3c►H G64,,,6u-.3-Nato( li'D k� C‘ 'C C e t/k;,% Signature of off & administering oath J. ' 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 FA Bentley Proposal For eB EPR Customization Maintenance Prepared For City of Corpus Christi October 31, 2017 Bentley® 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 Develo,ment Mining Buildi 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 Transit Power Generation Communications Cadastre Land Develo,ment 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 Transit Communications Power Generation Cadastr- Land Develo,ment 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. lithe 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 ation Example Priority 1 (P1) 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 J October 31, 2017 5 www.bentley.com Bentley® Sustaining Infrastructure Transit Communications Land Develo,ment Power Generation Cadastre Mining Buildi Name Classific Description ation Example service for multiple users, but not all, in one (1) or more locations. Priority 3 (P3) Medium Priority 4 (P4) Low 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. Enhancement or incident which has little or no significant impact on the business (low impact & low urgency). A non-critical service is not available to some users. 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 Transit Communications Power Generation Cadastre Mining Buildi Land Develo,ment 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) P-3 Deliverable Acceptance Form Scheduled issue fix with delivery timeframe to be mutually agreed upon by PMs. PDF document(s) listing the deliverables and acceptance by the City of Corpus Christi PM Bentley PM Bentley PM City of Corpus Christi 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 Develo,ment Mining Buildi 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 Development Mining Buildi 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 J Transit Power Generation Communications Cadastre Land Development Mining Buildi 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 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 Development Mining Buildi 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 beenaccepted. 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 Transit Power Generation Communications Cadastre Land Develo,ment Mining Buildi 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 Buildi 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: Printed Name: Printed Title: Proposal Title: eB EPR Customization Maintenance Bill To: Ship To: Bentley Opportunity: 30481771 October 31, 2017 13 www.bentley.com Bentley® Sustaining Infrastructure Transit Power Generation Communications Cadastre Land Develo,ment Mining Buildi n. Bentley. 611 r..ar h. 4nr•siruelum About Bentley Systems Bentley Systems is the global leader dedicated to providing architects, engineers, geospatial professionals, constructors, and owner -operators with comprehensive software solutions for advancing the design, construction, and operations of infrastructure. Bentley users leverage information mobility across disciplines and throughout the infrastructure lifecycle to deliver better -performing projects and assets. Bentley solutions encompass M+craStaoon applications for information modeling, ProjectWse collaboration services to deliver integrated projects, and AssetW se operations services to achieve intelligent infrastructure - complemented by worldwide professional services and comprehensive managed services. 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 1 -800 -BENTLEY. Contact Bentley Bentley Worldwide Headquarters 685 Stockton Drive Exton, PA 19341, United States 1 -800 -BENTLEY (1-800-236-8539) Outside the Untied States +1 610-458-5000 Bentley EMEA Bentley Systems International Limited 2 Park Place Upper Hatch Street Dublin 2 Ireland Phone: +353 1 436 4600 Fax: +353 1 416 1261 Bentley Asia Bentley Systems Beijing Co., Ltd. Unit 1402-06, Tower 1 China Central Place, Beijing 100025 China (+86) 10 5929 7000 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 FredS@cctexas.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: ® Operating ❑ 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 an 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/construction 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 Sergi ices 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 time 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 TILE 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 EX.PIRATION 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 5of6 (Donor) J� )2 Ka, Printed Name: /t2g 1 t uNSon! Title: Pr-C.SIDLNT NDg-Toni JA%JvOrnAT ic-5 Date: IVO'.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 (I) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation 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: I. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $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. A Horton AUTOMATICS The _Automatic Choice Specify Horton and demand AAADM certified installation =AD,� /r American Association of l�'1 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 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. riE Norton AUTOMATICS TheAutomatic 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 Unit 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 Sp o�roN • A Division of Overhead Door Corporation A Sanwa Shutter Company Form No. E561 ©2008 Horton Automatics 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 a@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2cctexas.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 $416,563.78 $0.00 $416,563.78 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.bodexyleminc.com FAX: 361-879-0044 DATE: 8/11/2017 SIGNATURE: `1%al a9 TITLE: 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: 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.bodexyleminc.com FAX: 361-879-0044 DATE: 8/11/2017 SIGNATURE: `1%al a9 TITLE: 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 Lem Let'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 FLYGT xylem Let'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 xylem Let'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 xylem Let's Solve 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 xylem Let'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 xylem Let'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 044 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 AMC CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Cornptete 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 g Provide the identilication 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. _ — .�otipg:`..P. ,� SHELIA FLORES =r , Notary Public, State of Texas Fi ?" j•Fi W.. ..j•-"Comm. Expires 04-04-2021 --- 43i,-z-z. Notary ID 126251891 —. Signature of authorized agent of contractingusiness entity AFFIX NOTARY STAMP / SEAL ABOVE l Sworn to and subscribed before me, by the said kid haJ w► (r; , this the Id day of EQt , _Da 20_0 to certify which, witness my hand and seal of office. J ,hpl a. ',9).14) 1rlel ► ok, f r i o ee S 1414i cl e A..1e5 Eek. 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 Kim B2(c�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 $.2 45 c. 2 3 Shipping Allowance for Parts/Materials Environmental Fee Allowance EA EA $10,000.00 $5,000.00 $ t�f $ S, 0 - Labor; 4 Shop Mechanic (ST) M -F 8:00--5:00 HR 1,700 5 Shop Mechanic(OT) Afterhours, Weekends, Holidays HR 90 $ oc) 6 Field Tech (ST) M -F 8:00 - 5:00 HR 50 $ 2 o of } 7 Field Tech (OT) Afterhours, Weekends, Holidays HR 25 $ ►era , s �:. $ TOTAL *Total Price will be $275,000 plus mark-up. . e COMPANY: b NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: 2,-',29 a rS CITY / STATE: PHONE: 3 r;j4. :.. FAX: 'Cc> 7 Z/G EMAIL: ~ kMJ i SIGNATU DATE: t TITLE: -A-U .' 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 COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly 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 cA'� Printed Name: F Ail !L 7 ciA 12 Title:At-S. Date: ( Q ( k -'21 [ -- 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 AgreementStandard Form Page of 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.I.D. 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) 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 $.2 45 c. 2 3 Shipping Allowance for Parts/Materials Environmental Fee Allowance EA EA $10,000.00 $5,000.00 $ t�f $ S, 0 - Labor; 4 Shop Mechanic (ST) M -F 8:00--5:00 HR 1,700 5 Shop Mechanic(OT) Afterhours, Weekends, Holidays HR 90 $ oc) 6 Field Tech (ST) M -F 8:00 - 5:00 HR 50 $ 2 o of } 7 Field Tech (OT) Afterhours, Weekends, Holidays HR 25 $ ►era , s �:. $ TOTAL *Total Price will be $275,000 plus mark-up. . e COMPANY: b NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: 2,-',29 a rS CITY / STATE: PHONE: 3 r;j4. :.. FAX: 'Cc> 7 Z/G EMAIL: ~ kMJ i SIGNATU DATE: t TITLE: -A-U .' 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/Lcased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. I1. 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. R. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sok 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. MI 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 Utilities —Wastewater Lift Stations Pump and Motor Sales and Repairs 07/10/2017 sw Risk Management RFQ Revised 7.13.2017 a xylem brand 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 Product 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 (90) 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 Lersliabe YAW Vcr 12 120312 FLL a xylem band 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 warrant/ 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 IT 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 Bili 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 life 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 detemtine warranty coverage. xytern Urs Mim• Ver 12 -120312 d E a } sat d O yU 0 0 01 d tl L 0 O N tl r c 2 m Months 100% (From Ship Date) ,-- N N 0 ca L 2 p tl 4 c y (=berg ass Pump Stabor. 100% (From Ship Date) G - Y a —_ g N m EA � 100% Control Boxes Nona. MSHA etc.) (From Ship TOPS control panels :permanently rsta ed) ( Date) 1009E 3045 3057 SX I (From Shlp Date) a p g 6 o u PRODUCT SERIES AND CONFIGURATION 3000 Series (CP NP DP CT NT CZ NZ LL) 4000 Series (SR, PP) 7000 Senes (PL) Standard Control Panels (FSCP — permanently installed) Engineered to Order, Xylem Manufactured Control Panels (permanently installed) - 3 Years 3000 Series (MP MF MH FP. FS FT HP HS) 5000 Series (HP HS 8000.280 Sanas (DP DZ DT DS OF) 2000 Series (13S KS) 3000 Series CS NS DS 8000 280 Serres (DS DF a a n be to c m w tl O 2 it rn tL i 0 c a a 10 r PRODUCT Axial Flow/ Mixed Flow/ Centnlugal Pump, Mixers Flygt Standard Control Panels (FSCP) ETO Electrical Control Panels Abrasion Corrosion Resistant & Chopper G. oder Pumps Dowatenng Pumps L0 a Q Accossonos 1 hydro eectors! Aerators Portable Purnp Centro's TOPS Control Panes w t; COa 00. Q T a 0. 0) IL lA 0 N L., t�6 O 0 m a 14 0 0 q1 a) 0 al 14 at E O t° ai V >, r m m • w > 0 m O m E v 3 N a� , � LL t0 • Q 0 V U c (0 0 � N iJ L? 0 O O. • N -=3"! r LL a) p t c O 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: 2017-260797 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. cz,..__A,____J �� REBECCA LONG —J` Notary ID « 124876919 1----4114.1 yak My Commission Expires ,�r April 4, 2020 I ( ' Signature of authorized acontracting business entity I� . , r 1 Tera , this the 44 day of M CJs,' AFFIX NOTARY STAMP Sworn to and subscribed 20 11 , to certify / SEAL ABOVE before me, by the said which, witness my hand and ( 11 011.C�(04) seal of office. - • ' , e K,l • J+IIiL Signature of officer �J Ns; l R _.L..1 admi littering oath Printed name of officer ad ft istering 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 6Y: for 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, t441•7 a,.Vyl! Research Specialist 11 Conrad Blucher Institute li,r Surveying and Science College of Science and Engineering 6306 OCEAN DRIVE, UNIT 5799 CC)RI'US C!hast t, TLX.AS 7841= 0 3608:5 4749 • C 361.4.38.651).{ October 22"d, 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-BayWater-Quality- Monitoring/. This proposal covers a period of 12 months. Page 1 of 7 RESEARCH OBJECTIVES Nueces Bay 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 (2T 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 (270 53' 30" N 970 36' 37" W). These stations consist of a Hach Hydrolab MS5 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, 970 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 Monitorin_g 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 97° 27' 28.55" W), Weber Rd. near Yorktown Blvd. (OCWL02: —27° 41' 19.82" N 970 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: 27040' 34" N 970 21' 9" W), Carmel Pkwy near 5 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 97° 24' 15" W), Del -Mar college west campus (CCWXDW: 27° 46' 24" N 970 26' 24" W) and in Calallen at the Nueces River pump station (CCWX07: 27° 52' 4.2" N 97° 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 CS475 Radar Water Level Sensor The Campbell Scientific CS475 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 31", 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 $10,560 Other Expenses • Datasonde service contract $6,150 • Verizon/Sprint monthly modem cost $2,930 • Freight $100 Indirect $44,109 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 JayEII(c�cctexas.com (361) 826-3042 Kim Baker, Assistant Director of Financial Services - Purchasing Kim B2(a�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 Tonys Lawn Rockport, Service TX " Aspen Lawn Services Corpus Christi, TX Maldonado Nursery and Landscaping, Inc San Antonio, TX Tuff Environmental Serv'ces, LLC Odem, 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 Year One - Group 3 20 81,500.00 $30,000.00 $1,879.50 $37,590.00 $1,440.95 528,819.00 $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 51,500.00 530,000.00 $1,879.50 $37,590.00 $1,440.95 $28,819.00 $1,065.00 521,300.00 $90.00 $1,800.00 $1,630.00 832,600.00 $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 590,000.00 $112,770.00 586,457.00 $63,900.00 55,400.00 $97,800.00 $260,700.00 572,000.00 $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 51,475.00 $29,500.00 5 Year Two- Group 4 20 82,500.00 $50,000.00 $5,145.00 $102,900.00 $3,773.00 575,460.00 $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 82,500.00 $50,000.00 $5,145.00 $102,900.00 $3,773.00 575,460.00 $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 5226,380.00 $154,320.00 $5,100.00 $267,540.00 $466,200.00 $161,553.00 $88,500.00 7 Year One -Group 5A 20 52,900.00 558,000.00 55,733.00 $114,660.00 $4,800.00 596,000.00 $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 82,900.00 $58,000.00 $5,733.00 $114,660.00 $4,800.00 896,000.00 $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 52,900.00 058,000.00 $5,733.00 $114,660.00 $4,800.00 896,000.00 $2,865.00 $57,300.00 $90.00 $1,800.00 04,968.60 $99,372.00 $7,900.00 $158,000.00 53,000.27 $60,005.40 $1,650.00 $33,000.00 GROUP 5A TOTAL $174,000.00 5343,980.00 $288,000.00 $171,900.00 $5,400.00 0298,116.00 $474,000.00 $180,016.20 $99,000.00 10 Year One- Group58 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 01,000.00 $20,000.00 11 Year Two- Group 5B 20 52,000.00 $40,000.00 $2,722.50 $54,450.00 $1,679.00 533,580.00 $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 02,000.00 $40,000.00 $2,722.50 $54,450.00 $1,679.00 033,580.00 $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 $1,000.00 820,000.00 GROUP 58 TOTAL $120,000.00 $163,350.00 5100,740.00 $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 T - 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 $12000.00 $144,000.00 $160.00 $1,920.00 GROUP 5C TOTAL $599,999.04 $576,000.00 80.00 $21,600.00 $17,280.00 $244,800.00 $0.00 5632,000.00 $5,760.00 16 Year One - Group 6 42 $1,000.00 $42,000.00 $975.00 $40,950.00 $1,400.00 558,800.00 $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 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 $1,725.00 072,450.00 $595.00 $24,990.00 $400.00 $16,800.00 18 Year Three - Group 6 42 01,000.00 $42,000.00 $975.00 $40,950.00 $1,400.00 $58,800.00 $960.00 $40,320.00 $90.00 $3,780.00 $975.00 560,950.00 $1,725.00 $72,450.00 $595.00 $24,990.00 $400.00 $16,800.00 GROUP TOTAL $126,000.00 $122,850.00 5176,400.00 $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. Comerstone Lawn Service is being recommended for Group 4 and Tonys 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: Fra c 0 Do-vu'teil Printed Name: Title: owner Francis O'Donnell Date: 10-18-2017 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 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 KOSTO RYZ 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 11 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 NO Exhibit A Map Group 3 (G3-1, G3-3, G3-7, G3-9, G3-11 are excluded from this RFB) �v Ti 0 u o co cgs et 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 8-2517 Bidder. rx aardWIVI 12 'own spice 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 the 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 Ike Extended Price 1 Year One Group 3 Mowing, trimming, edging And litter pick-up. 20 550 00 11,00000 2 Year Two Group 3 Mowing, ung. edging and Inter pick-up. 204 00 11,000.00 3 Year Three Group 3 Mowing. trimming. edging and litter pick-up. 20 I 550 00 11,000 00 1 of 3 Item Description Cycles price Extended Price Y I.4 ch- ,h- And iter pick-up. Unff price ____ 10 Yew Two and iter pick-up. 20 20 75° 15,000 00 Yew Three and litter pickup. mo 00 X5'00° o0 12 2 of 3 Item Description Cycles Unff price Extended Puce 10 Year One Group 5B Mowing, trimming, edging And litter pick-up. Year Two Group 5B Mowing, trimming, edging and lifter pick-up. 20 20 75° 15,000 00 11 mo 00 X5'00° o0 12 Year Three Group 5B Mowing, trimming, edging and litter pick-up. 20750 00 is,aoo.00 2 of 3 Item Description QTY UnU Price MonthAnnual Cost Year One Group 6 Mowing, trimming, edging and litter pick-up Year One Trimming, edging and Mier pickup. 400.00 16,000 00 17 . 42 Year Two Trimming, edging and titer pickup. 14.1311010 MEI Year Three Group 6 Mowing, trimming, edging and 1 litter pick-up 42 101300 Year Three Trimming, edging and litter pick-up. Dem Description Cycles t'Urnke Extended Price 16 Year One Group 6 Mowing, trimming, edging and litter pick-up 42 400.00 16,000 00 17 Year Two Group 6 Mowing, trimming. edging and Niter 42 400.00 14.1311010 18 Year Three Group 6 Mowing, trimming, edging and 1 litter pick-up 42 101300 ts's00 , . 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 II 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. II. 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 f 1 :le .r •I I r: AT-• CERTIFICATE OF INTERESTED PARTIES FORM 1295 1", t CnfrKtiete tie I 4 reel h e firer air rr. r,•ar? ps2rt Ctxr1p44e Nos 1.:. 3 S anti b d ter A.f no rrveret'!r1 partes OFFICE USE ONLY CERTIFICATION OF FILING 1 Nene of business entity filing forts, and tilt nty, state and tcvtntry of the twsiness entity's piece of business. CC Academy 12 LBW, St rake Chrptn. Chrrtfi, 1K lhvtni States Certificate Number 2017-272E190 Date Filed: Name o ittwern ental rtrtrty or wine agerecy that is a party to the contract for which the fortis is tieing hied. City p! Coptic Ch^.s:; 1fV1EJ?O17 nate Arhnowt.rtgrd 3 Provide the identifrcaI on number used by the govnnrnental entity or state agency to track or identity Ile contract, and pro'nde a desenpt*on of the sewer es, goods, or otter property to be provided under the contract. In: Lawn Service for Monrrij any Grounds Maintenance Services of Street Right -of -Ways, medians and Circles for Groups 3, SR. and 6 d Name of Interested Party City, State. Country (place of business) rt.vwe of inure st (crack applicable) Contrailing Intermeda y L i 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, der penaly of pen»ry, that the above disclosure is true and correct jt .. ."!- �ouC, Sate of Texas -:d- CC3~mr[x:lf@S 07•01-2020 / _.-------f../✓ „ tt ,, P;c;Zry !7 13072 1 /0 Signature of authorized agent el contractmq business entity AFFIX NOTARY STAtitP 1 SEAL ABOVE Ii a Sworn to and subsc bed before me, by the said rfan0) "" C L1 , this the t -) day of 0 C 1-t.10:J r 20 I i , to certiy which, witness my Rand and seal at office. cr , (/ ✓,l .-/-111/1/17. /1,,s__ (L-41, L-1 l t tnC�%\ (yt-Ci) t.\ NO 4C C k.vi.A Put.1 1 � is \ gnature of officer adm:r, sterrn oath Pnnted name cf officer administering oath Tide of officer adrninstering oath FnrmC nrnuirinri by Tnvac geh,rc r,,..,..,,:.-.,..., vr.eh:csstate.tx.us Version V1.0.333 - 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: T7erz- S. 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) 11 11111 J III Ill Page 8 of 8 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 g--2f-y7 Authorized Signature: 7fied 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 plc Extended Price Year One And litter pick-up. Year Two ' and litter pick-up. Year Three and litter pick-up. ect 1 of 3 Item Description Cycles pri Unit Extended Price 4 Year One Group 4 Mowing, trimming, edging And litter pick-up. 204 25-61°."'CO r J 0 co� 5 Year Two Group 4 Mowing, trimming, edging and litter pick-up. 20 P -C"-" �� C�� Id -at S J 6 Year Three Group 4 Mowing, trimming, edging and litter pick-up. 20 frem(6°- 1¢-91 M-6' it J 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 AnnualCost Year One litter pick-up Year One Trimming, edging and Titter pick-up. Year Two litter pick-up Year Two Trimming, edging and litter pick-up. Year Three litter pick-up Year Three Trimming, edging and litter pick-up. Item Description Cycles Un PCe Extended Price Year One litter pick-up Year Two litter pick-up Year Three litter pick-up 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 II 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. II. 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 loft Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-276503 Date Filed: 10/25/2017 Date Acknowledged: 1 Name of business entity filing form, 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 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. 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)(check Nature of interest 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. / oluir . DIANE PRATT z • WIr Notary Public, State of Texas Y�.•°_`�: Comm. Expires 0317.2021 a„1,10% Notary ID 131049503 ' /�} j /i AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Signature of authorized agent if contracting business entity t % I �,N / S 4/L , this the �ipr day ofViii-e-A---( 20 ) 7 , to certify which, witness my hand and seal of office. III 4,4,Lit Aar ! ) aNary �,h iit- adisterin oath Signature of officer administering oath Printed name of officer administering oath Title of officermi p c 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 13. Shytles, I 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. Sincerely, b61/ 11161 Don B. Shytles Owner, Cornerstone Lawn Service STATE OF TEXAS COUNTY OF /4-A/ el -7R r G/O In 64c -w y , on the 4 -day of 1 , 2017, before me, a Notary Public in and for the above state and county, personally appeared eA/ i, - h Tiles, 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- /7'2021 (SEAL) DIANE PRATT 1��YA.bi wNotary Public, go; State of Taxes . W.:`�: Comm. Expires 03.17-2021 �' oof47` Notary Iii 131049603 ��rrlrrtill� 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: A CI _ 1 Printed Name: To co.\ / .cia narz Title: ©u e-�^ 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 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 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 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 Page 9 of 10 Exhibit E - Locations ITEM GROUP Group 5C Street Right of Ways, Medians & Circles AREA/LOCATION TX DOT TRIANGLE 1 G5 C5 EVERHART NORTH WEST 1 2 G5 C6 WEBER NORTH WEST 1 3 G5 C7 WEBER NORTH WEST 1 4 G5 C8 KOSTROYZ NORTH WEST 1 5 G5 -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 EAST1 TOTAL TRIANGLES 8 Page 10 of 10 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 Date: $t2 -c? ?. Authorized Bidder: vl Q, Cih cN�Z 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 REB, Item Description Year One And litter pick-up. Year Two and litter pick-up. 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. 206 � c J 71 8 Year Two and litter pick-up. 20 2, S GS c. / imp Year Three and litter pick-up. 20 1, g 65 5 `'7f 3 VO Item Description Cycles Unit price Extended Price 7 Year One Group 5A Mowing, trimming, edging and litter pick-up. 206 � c J 71 8 Year Two Group 5A Mowing, trimming, edging and litter pick-up. 20 2, S GS c. / 9 Year Three Group 5A Mowing, trimming, edging and litter pick-up. 20 1, g 65 5 `'7f 3 VO Item Description Cycles Unit price Extended Price Year One And litter pick-up. iar j Year Two and litter pick-up. Year Three and litter pick-up. 4. -- 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 (4,013 12 Year Two litter pick-up 14 Year Two Group 5C Tx Dot Triangles Trimming, edging and litter pick-up. 8 660 12 `7,2 t56 15 Year Three Group 5C Tx Dot Triangles Trimming, edging and litter pick-up. 8 6 0 p 12 7r1 CZ Item Description Cycles Unit Price Extended Price Year One litter pick-up Year Two litter pick-up Year Three litter pick-up 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 II 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. II. 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 y 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: 2017-276129 Date Filed: 10/24/2017 Date Acknowledged: 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 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. tony 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. t ' v4,y� AFFIX NOTARY Sworn to 20 17 '''''0' EVELYN W. DESROSIERS - i- . My Notary ID # 125275646 '"s4 •. ��; ' Expires April 22, 2021 STAMP / SEAL ABOVE and subscribed before me, by the said 'S '3 I Signature of authoriz-d agent of contracting busin s entity I CA Yj ,P G a T)a (ez., this the S day of O 014 --1 to certify which, witness my hand and seal of office. E1�e((,C/�-) UeSa'cstz� �_%W ,. l.� � cf e.' CllECj-L'?1J i �L.P.k g -6 -2 -in Signature of o icer administering oath Printed name of officer administering oath Title of officer administering oath y 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: 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 Tonys Lawn Rockport, Service TX "Aspen Lawn Services Corpus Christi, TX Maldonado Nursery and Landscaping, Inc San Antonio, TX La Med Facility Maintenance San Antonia, 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 Year One - Downtown Group 2 Year Two - Downtown Group 2 Year ThGpDawntown 42 42 42 9214286 9214286 $2,142.86 590,000.12 $90,000.12 $90,000.12 $1,640.00 $1,640.00 $1,640.00 568,880.00 568,880.00 $68,880.00 $1,535.00 $1,535.00 $1,535.00 564,470.00 $64,470.00 $64,470.00 51,790.00 91,790.00 $1,790.00 575,180.00 575,180.00 $75,180.00 585.00 $85.00 $90.00 53,570.00 $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 9377,160.00 $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 91,400.00 $58,800.00 $58,800.00 $58,800.00 4 5 6 GROUP TOTAL Year One - Downtown Group 3 Year Two - Downtown Group 3 YearThGroup3 mown 42 42 42 51190.48 51190.48 $1,190.48 $270,000.36 $50,000.16 $50,000.16 $50,000.16 $1,768.00 $1,768.00 $1,768.00 $206,640.00 574,256.00 $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 ** 595.00 $95.00 $100.00 $10,920.00 93,990.00 $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 $314,513.64 528,106.40 $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: ,1/720s e/70,� 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 cuppings 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, 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 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 Ili CITY OF CORPUS BID FORM 7- PURCHASING DIVISION RFB No. 1195 Ground and Landscape Maintenance Downtown Groups 2 08/29/17 CHRISTI Services and 3 PAGE 1 OF 1 e0'-- .c,, .,-:41 o SCIS, :... OR Pl° -..A, ::SII *ORP 1852 Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. the b. Bidder c. d. Bidder 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. Bidder is current with alt 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 Yeas-6ne- $1,100.00 $68,800.00 ' " " ' ' ' ' ' ' , ' ' ' , 2. Year Two 42 -Downtown Group - 3 landscaping,mowing, $1,400.00 $58,800.00 3. Year Thrcc Downtown Group 3 Landscaping,mowing, 42 $1,100.00 $68,800.00 trimming edging and liber pick up Page2of2 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. et h i c s .state . tx . u s 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 A as�f..3..6.1.�u ---� d �o Ub A Notary PNNA M. ublic / ® Pik .--j------' �� /* STATE OF TEXAS��� /`/ My Comm. Exp. 0911012020 `. above disclosure is true and correct. h 1 'rr9'' cc ID# 129119639 Sigr9taFe of authorized agent of contracting business entity —vtnvvvvvv.nyvvvvnvv AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 442,6A( —17 /✓�/�/r),� , this the /C- day of /C--/ , 20 / `, , to certify which, witness my hand and seal of office. S�. %0`) 46,1 J 1 2//r*-- ,.., �ir,•,4/ - re of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. et h i c s .state . tx . u s 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 Frcw o'Do-wvieLL Signature: Printed Name: Francis O'Donnell Title: Owner Date: 10/10/2017 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. 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, aroundcovers, 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 #1a 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 �ynx�v ,r \ , f. 'GROUP 3 AREAS • • • e •MN .— 1■Iu wmu Srw 7 1 O. • Sister City Median °11'141 1�7 Gate)wayMedians #3 Gateway Medians #4 1f { Ott ■ 5 LIJ Coo Alley East Coopers Alley Planter. West 4E1 MINIIMI SEMI ••• .17r . ■ 1110 .04 �--, Federal Courthouse A "'-i` Ict 1/41 III Gateway Wiens #1 Gateway Medians #9e Gateway Medians #2 �137 Easement Mann SI:Park Lot nmo Artesian Broadway Bluff #1 ;moil ■ me r. 1 rIt _j Broadway Bluff#2 Broadway Bluff #3 La Retama, JWQBroadway Bluff #4 Broadway Bluff #5 • Page 9 of 9 • 0 0 N A c Attachment B: Bid/Pricing Schedule %4yf %tell CITY OF CORPUS CHRISTI {t ,_ i BID FORM Ii ' ,,. ..ed„ -. 1852. Lsn Date: PURCHASING DIVISION RFB No. 1195 Ground and Landscape Maintenance Services Downtown Groups 2 and 3 PAGE 1 OF 1 authorized o�I Bidder. Signature: f- 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 fli)e lvi h City's Purchasing office, pursuant to the Code of Ordinances, .s c fr 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 Deception Cycles Unit PriceExtended Per Cycle Pdce 9 rareC s Year Thre - l - - - - • - - - .. • -2- 58.CCO.00 Page 1 of 2 *Contractor value Nem Descrn Cycles Una price per Cycle �dended Price L Yea One Downtown Group -3 Londscoping,mowing, miming, edging and litter pick-up 42 425 r -1' .® 2 1 Year Two ! Downtown Group - 3 Londscopirig,mowing, trimmhtg, edging and Etter pick-up 42 ate_* 17,8541130 3. Year Three Dom Group - 3 Londscapingw,rnowing, filtrating, edging and filer pick-up 42 425.10 17,s5o_ao declined Group 2 therefore, this contract is for Downtown Group 3. The contract 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 CERTIFICATE OF INTERESTED PARTIES FORM 1295 tuft Comp:cte N:rs 1 4 and 6 A there are semester, parties Cnn•A'ete Nos 1 2 3 5 and 6 d tt, re are no interested pe tie; OFFICE USE ONLY CERTIFICATION OF FILING 3 Name of business entity filing form, and the city, state and country of the business entity's place of business CC Academy 12 Lawn Servue Corpus Chnsn 7X Unnnd States Certrftcate Ntrnhet 2017 272339 Date Filed 2 Name 01 pnrn vemerrtat enlrty or state agency that is a party to the contract for which the form f9M11 Cry Of Corpus Chrtstt 10/1C/2017tieing Dano Ackno•Medged 3 Provide the Identification number used by the governmental [,Arty 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. 1397 Groun•t and Laralscap' maintenance for group 3 4 Name of interested Party City, State. Country (place of btrsinens) Nature ntInterest (cheek ►pplk►b10) Contiotting Intermcdtary 5 Check only it there is NO tnterested Party. X 6 AKFNMVft I ,rear. or Affirm under penalty of pequry, that the above de;dmaen is hie aril ccerect _ • • Y�"e %;,!•r, 1 (',Dt, .ih14 I Te: ' r, t.[r,.... ',.91.J•aV 1 ..1 %� ::ii— 1 f �� L 111 I- 1. f ' 1 1 101 } h' 1t, ' �gnarure of authrNtted at)nnt of conuntNRa husuw :S P v'ty FIX NOTARY STNOP f sr1.t A1?ovr 1 ��} p t t /� SAlYn to and `-a tfY .nbed before nee1 LA r1 C. t �l �/ (_/l e•1'\ l _ } ) r 1 U� Y / by ter said - - - --- -- - --- - --- ---- .Urs the day ol ._) t 1 20_L_) to(eft f/wfadl.velne_;rnyhooif ivid Seal ofoffice --- � /1IL;;jrdlei j(k_. et«tfil [ IV -;(Ata '.1(klY) S\WIC\I 1 Pk,cbl tc_ i_a ., $tgnature of ot`xrr r:Ciu.g3toonq cath Printed name of officer adrrnnsterIng oath Title of ofricrir ntkntntitedrtg oa'h orins prnvbded try Texas EUtics Commiss.on www ethics stale tx us Version V1.0 3337 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 ❑ Certification Not Required Director of Financial Services Date: 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 BiIIG©cctexas.com (361) 826-3276 Rezoning Property Located at 3413 South Staples Street 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 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 PIanCC 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 PIanCC, 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 0 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. 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 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-04 Joe Garcia\Council Documents\Ordinance_0917-04_Guernsey.docx Page 3 of 3 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 '/i 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, Block 1, NORTH 53 degrees 29 minutes 16 seconds WEST 110.00 feet to a %Z 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 _14th 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.) tP. LOT 7 CASA LINDA ESTATES UNIT 1 V. 18, P. 27 (M.R.N.C.T.) "VACANT LOT" LOT 1 15 SERVICE DRIVE 80 0 . <C� •0, < 199°S (S Act. y'124T 6,11. Oy"S6'70 SET 518" I.R. [S 31° 00' 00" E 122.571 (S 31° 00' 28" E 122.64') SOUTH STAPLES STREET NOTES: (1.) Found 5f8" I.R. Q all lot corners unless noted otherwise. (2.) House Ties are to the foundation. 1, Ronald A. Voss, a Registered Professional Land Surveyor, do hereby codify that this survey was made on the ground of the property shown hereon under my direction and supervision; that it 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 Me 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 IS VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER: FD. D.H. 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 Zoning Case #0917-04 Eugene and Celeste Guernsey From: "RS -6" Single Family 6 District To: "ON" Neighborhood Office District City Council Presentation November 7, 2017 Aerial Overview Subject Property at 3413 S. Staples Street N Zoning Pattern 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 Applicant & Legal Description 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. Zoning Request 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 Existing Zoning and Land Uses Existing Zoning District ExistU eland 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 ADP, Map & Violations 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 Transportation 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. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Staples Street "Al" Minor Arterial Undivided 95' ROW 64' paved 100' ROW 65' paved No Data Available Hayward y 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. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "ON" Neighborhood Office District is inconsistent with the Future Land Use Map. The following policies of the Southeast ADP and PIanCC 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. (PIanCC, Element 3, Goal 9). • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (PIanCC, 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. (PIanCC, Element 7, Goal 1, Strategy 5). Department Comments: • The proposed rezoning is compatible with PIanCC, 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 Public Notification 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 RM -1 SUBJECT PROPERTY a RAS-TF42, �� OP 444, 400 800 Feet Dat Created: 918/17 /l Pjepared,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 r�t417 LOCATION MAP AkkA lik City of Corpus Christi VOCATION MAP' .orpus Christi ieveiopment Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 18 176000010010 ALSU INC 1400 Ocean Dr Apt 902B Corpus Christi, TX 78404 10# #RM -1 10�rs x _A "17441 � '��, SUBJECT PROPERTY RS -6 h 1011k0 e # .14 1 ilki: S-6 yA 10 / t - � 414‘ cN-/ 4 4gf *A 4 41 Ce it 4 *P S tii .4.\ �N_1 \lir t o::% Neel ,c.• 1.111o.r-T: r lrewr emery ZIP 76401 $ 000.46° 02 4VY 0000340617 SEP 22 2017 CASE: 0997-04 SUBJECT PROPERTY WITH ZONING Iyzi Subject Properly RIM RNRRamly 1 RL 2 p&I le et/ RI1-3 ►lultR.mt$y e ON Pr.Msanalo.nce Rale -AT MOOtantly AT [N•1 wlgnbomood Commercial CN -2 Nelghborhoud Continental CR 1 Resort Commercial CR 2 CO COd Cl CBO CR•S FR SP Reser! Commerc al Oen.n Catmints' General Commercial Mtan.hr. CommfKlai Dewntewn Commensal Reeer1 Commercl. Farm Ru -.l Historic Overlay leust•e.a Park L Light Immstr/al N Heavy Industrial PUO Panned link Ore OWN ley RS 10 Single F.mly 10 RSJ Single -Pantry 0 Ra�.0 Sbga-F,m+y.0 RS -TF No -Family 03.11 Stogie Family is RE Residential Edith. RS-TH Townhouse SP Spic NI Peen11 RV R.cmationsi Vet cle Parc RAO- eacwlacnredH . . Persons with disabilities planning to attend this meeting, who may require special services, are requested the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nCimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante Ia junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante Ia 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: ,/L_5 -€� (_L.AA/ R JO N �JSo Address: / 41667 D R. 9'c Z73 City/State: 6/=PII5(748/ /, (x (iN FAVOR ( ) IN OPPOSITION REASON: DEVE LQ, ? E. 7. LA ("I Fa !Z a /EJ I CRL o r'l cE A. -,V ILL. T H E El C II 0:3911-4 a ©D 2 -Lek., Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1032 Property Owner ID: 18 Phone: (3h // 2 7 - o©0S �L I]715—d6?7 9/2 zap 7 Case No. 0917-04 Project Manager. Laura Sheldon Email: LauraS2@cctexas.com Printed Name: 4 s a 1 i 1l S 2 '-'''t a Address: ' off- L A ) ( ) IN FAVOR X IN OPPOSITION REASON: SLE MAP ON REVERSE SIDE INFOR Case No : 17ZN1032 Property Owner ID: 14 City/State: CANALli ') Phone: di -h 6 1 ecc,) Signature j) 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 BilIG@cctexas.com (361) 826-3276 Rezoning for a Property at 6686 South Padre Island Drive (SH 358) 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. 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 PIanCC. 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 PIanCC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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. 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 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_Special Permit_AN Corpus Christi Chevrolet, LP..docx Page 3 of 3 TexasGeoTech ENGINEERING & LAND SURVEYING, INC. 3.17 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 S 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 line of said Lot 1-R and being the north corner of this tract; THENCE S 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 nJ•,.emsMw_oKwc orz n.aNmi. w.• r it •Mg Leo 1 •I 1 PLL.I ASWAN DRIVE SO' PUBLIC Raw. •1 • - • Di'OOn4r �e.•.I 1 Ute oeeroe• ' I!.1 111111ii i I i I I i s I! I P t" i�iE� pilirli °til �`; �1 j1 1 ii , Imillipii ililti �1-%. �i��kkliil 3 id 6 g 1 i 1I AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRIVE 81.802 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN n.cxouw I mma,nc fa 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. 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 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-05 AN Corpus Christi Chevrolet, LP\Council Documents\Ordinance_0917-05_AN Corpus Christi Chevrolet, LP..docx Page 3 of 3 TexasGeoTech ENGINEERING & LAND SURVEYING, INC. 3.17 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 S 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 line of said Lot 1-R and being the north corner of this tract; THENCE S 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 nJ•,.emsMw_oKwc orz n.aNmi. w.• r it •Mg Leo 1 •I 1 PLL.I ASWAN DRIVE SO' PUBLIC Raw. •1 • - • Di'OOn4r �e.•.I 1 Ute oeeroe• ' I!.1 111111ii i I i I I i s I! I P t" i�iE� pilirli °til �`; �1 j1 1 ii , Imillipii ililti �1-%. �i��kkliil 3 id 6 g 1 i 1I AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRIVE 81.802 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN n.cxouw I mma,nc fa Zoning Case #0917-05 AN Corpus Christi Chevrolet, LP From: "CG -1" General Commercial District To: "IL" Light Industrial District City Council Presentation November 7, 2017 Aerial Overview Subject Property at 6686 South Padre Island Drive N Zoning Pattern Site Plan Building Plan Comparison Previously Approved Proposed '-ii asp. 1I ^t T t ih a.til y � I' `7•Y pF [ 410 p r ' � All 7� K11 �I I I i k MMI 1 1 1 5 ® 1 1 1. ]b �J MUMS ® Previously Approved Proposed '-ii asp. 1I ^t T t ih a.til y � I' `7•Y pF [ r � 7� y� �I I I i k MMI 1 —PAINT BOOTH toI 1 Io 6 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 Applicant & Legal Description 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. Zoning Request 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. Existing Zoning and Land Uses Existing Zoning District ExistU eland 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 ADP, Map & Violations Area Development Plan: The subject property is located within of the Southeast Area Development Plan (ADP) and is planned uses. The proposed rezoning to the "IL" Light Industrial District with the adopted Future Land Use Map which calls for mixed the proposed use is consistent with the Southeast Area Development (ADP) and PIanCC. Map No.: 040035 Zoning Violations: None the boundaries for commercial is inconsistent uses. However, Plan Transportation 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 Street 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 Targe 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. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "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 PIanCC and consistent with the following policies of the Central Business ADP and PIanCC: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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 PIanCC. 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 Toad 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 Public Notification 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 CG -2 400 Feet Date Created: 9/19/2017 Prepared By: Joanna Scott Department of Development Service / / % 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 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home flSubject Property O Owners with 200'buffer in favor 4 Owners within 200' listed on VOwners attached ownership table in opposition TexasGeoTech ENGINEERING & LAND SURVEYING, INC. 3.17 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 S 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 line of said Lot 1-R and being the north corner of this tract; THENCE S 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 nJ•,.emsMw_oKwc orz n.aNmi. w.• r it •Mg Leo 1 •I 1 PLL.I ASWAN DRIVE SO' PUBLIC Raw. •1 • - • Di'OOn4r �e.•.I 1 Ute oeeroe• ' I!.1 111111ii i I i I I i s I! I P t" i�iE� pilirli °til �`; �1 j1 1 ii , Imillipii ililti �1-%. �i��kkliil 3 id 6 g 1 i 1I AUTO NATION - RANCH RECON 6686 S. PADRE ISLAND DRIVE 81.802 CORPUS CHRISTI, HNUECES COUNTY, TEXAS 78412 OVERALL SITE PLAN n.cxouw I mma,nc fa 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 inca,. ridades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den dviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta 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. 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. 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: Yi+l a j I A ( f Address: 13D q 4-Sl414 '. City/State: C.r us Chrt SM f Phone:vii-goig-rgb7 ( ) IN FAVOR (V(IN OPPOSITIQN REASON:rr �iF 65(aosses avow/ u rum -1L--, 5vr4kapik.i) 16titm ar_q4- Iv Akixt4- rfi/tx am, &tata pvt imyyse__/. - SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1034 Property Owner ID. 2 Signa re Case No. 0917-05 Project Manager: Andrew Dimas Email andrewd2©cctexas.com City of Cor ds Christi Developr tent Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 2 502400020080 ENGLISH CYNTHIA MERLE IND 1309 Aswan Dr Corpus Christi, TX 78412 i! "7:4+; US. POSTAGE »> PITNEY BOWES 4.i .INMISIllimir l� ZIP 78401 $ 000.460 02 4YY 0000340617 SEP 22 2017 'SUBJECT PRUPERTY 400 • • .'•CASE: 0917-05 • SLIBJEPT'PROPERTY WITH ZONING subject Property RNA Mulllrarn !y 1 RY �7 YYRIbM1ll%2 111110444141RM.] }.4414 OR Pldt..aloM Omc. •RMiT Yultnalnny AT CN IM.rohb.moodCommr4lal COP -2 /l.lohborhecd Conrtnhcl.l CR1 RnotCoen-:41 CR -2 RMorl Canm.rWl CG 1 General Commercial CG -2 W114.a1 Commercial CI Ints.14I4e Canm.rcl.l COD OOwntown Commercial CRP Rson Cnmrn•rmul FR F.rm Rural R nl.lorn Over ay BP err.IM.• Pan 0. Ughl InduChlal IR Huey Industrial PI10 {Pl.mnd urn RS.10 Sends; amity. to RS -4 Slnple-Fanny 4 RSAS-SIIgleia any 41 ks-TF T.niamlPy RS.111 SInpl.{amRy 16 RC Rn MMII.I£.4I. 115.1)1 1P,.nh-n. !P 644444 kris Ry . Rsa/ataul Y.hlchrP.rh RYn 7anut.nurnq name !LOCATION MAF / 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la 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 request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y s irides es limitado, favor de flamer al departamento de servicios de desarrollo al numero (361) 826-3240 al mem 45 horas antes de la junta para 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. 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: L ( K. 'V orNA-a-rt Address:2 /91(V -a, f 7 61 -rt �1 r City/State: (Ye ( ) IN FAVOR (A)JN OPPOSITION Phone: .46. 41 —Z `/L-/ REASON: rtvf--e, „ /66LT—e4e. SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1034 Property Owner ID: 6 Case No. 0917-05 Project Manager: Andrew Dimas Email' andrewd2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 784 6 668500180010 NORMAN LOWELL KEITH 1229 CLARION DR Corpus Christi, TX 78412 RS.6 ;;;vvi U S. POSTAGEPITNEY BOWES kg, 2!P 78401 $ 000.46° 02 Ori 0000340617 SEP 22 2017 CG -1t SUBJECT PRQPERTY 4,o bar C avMremenr of Daw CASE: 0917-05 SUBJECT PROPERTY WITH ZONING Subject r,117,1 PProperty RM -1 Multifamily 1 RM -3 Multtbmlly2 R4-3 Mumlamlry 3 ON Ptbinswna• Omc. RMA MURRamIIy AT CN T Neighborhood Comoml.= CN.3 Neighborhood Comr..Clal Cq.l Resod Commercial CRE Resort Commercial CO 1 Conet.ICwnmaslal Cao Denier Corlm.rsta, CI Intonate. Commercial COD Downtown Comm.U.I CR 3 Resod Cbmm.rcW FR F.rm Run 11 Nieto le°w.r!ay BP *mine* Pan IL UQht Industrial IN Nary !Mush* PUD Planned Unit O.r Orolay eta ID SI.gI..FamYy la RS -4 SMglaramip S RS4 1 SingNdamity a 11 RS -TF Twcfamlry RSA F Sl1gl..Famgy 11 RE Nnn.m Lel E.ut. RS -TN Townlwu.. IP Special Parma Ry R.er..tu.rl WI,41. P. RNN Manulaallf.d boar. rrr 1 ,LOCATION MAP? Sr City at Copus Christi , AGENDA MEMORANDUM First Reading for the City Council Meeting of November 7, 2017 Second Reading 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 Renewal of Lease with West Corpus Christi Rotary Club 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. 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: Ben Molina Mayor Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Lucy Rubio Greg Smith Carolyn Vaughn 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 City Secretary Joe McComb 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. 1 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 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. 8 (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. 1G 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 EXECUTED IN DUPLICATE ORIGINALS on the / 6 day of C f� , 2017. LESSEE: B TARY CL T CORPUS CHRISTI , President STATE OF TEXAS COUNTY OF NUECES / This instrument was acknowledged before me on a' / / ' , 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: •6'41 . ,the/6 CAROL J WHITLOCK { Noary Public ! t. �� , 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 Z hI day of 6'6 , 2017 Lisa Aguilar,' Assistant City Attorney For City Attorney Margie C. Rose City Manager Exhibit A-1 - Location Map Allison Waste Water Treatment Plant CASTLE RIDGE DR Police Pistol Range Tejas Bowman Archery Association Lease Proposed Lagoon Site Subsurface Injection Area 400` Subsurface Injection Area Joe Roe Grazing 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 Responsibilities. 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. 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 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 DATE: October 17, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 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 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 acre. 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 0 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL©940E1A05\@BCL©940E1A05.doc 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 City Secretary Joe McComb Mayor 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 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 DEVELOPER/OWNER: Bryan ' cker ner STATE OF TEXAS § COUNTY OF NUECES § day offer; , 2017. This instrument was acknowledged before me on this , day of (,)0C,bef , 2017, by ,i CA c, pPjVrdaii. . Alicia Del Valle Notary Public, State of Texas Expires:08-06-2018 Iv ry Ptfblic, 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 14003 32316 tl3w11S 1n 9 a wr A=At.= 3A407—MS I 1 h. • §$-54-€9 E S z ; �j ► i E a vA i39 �.{yr s_el o 53g i: IA ggII441111P: a i!yi! f� aQaQ rrri;x$ So 35 b�R4 kCEiP- ri _JM .GI,LLIY x anumos NNQLMlo1 3 000 •n'kb l9 wtrt .Sia 11 I 18 ugia.§ mss a •o li W O U) 44M Y) WO~4 ..—IB6 W . E » LL N - IP o W r Y: U ,°g¢�m LI LLm - viT W wia st 4:: w _d (/) 16-0 11.0 .wo w. m • ••• ..a .00. 1•1•1 •x•••00,00••••• ••••.n 4011•0k - v.v.w - 990 rIwoau m -.s aaa 4141 EXHIBIT 1 Wastewater Acreage Fee Exemption Request for Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 City Council Meeting November 7, 2017 Aerial Overview Summer Breeze ,0 Estate Phase 2ES! 1 Lots 1-10, (18:25 Acres) 2 NOTES -reran. xemeeerteroezlera tee 21,02W Attli21112. POO. N WARY =roan, tOttestaMMEW 22 REA12614.731.1101,1011$02 • FINAL CITY OF CORPUS CHRISTI TEXAS lit = WASTEWATER DEPARTMENT Deportment of Emgaving Servcae AUGUST ,. 2006 CAVO DEL OSO Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 (18.25 Acres) WASTEWATER COLLECTION SYSTEM MASTER PLAN LAGUNA MADRE WWTP SERVICE AREA AREA 3 WALDRON FIELD BROWN nsu CALDWELL EXHIBIT 6 riA54.5 es. made rawer. rrelATINI....9103.13.PEW.941P.M.1•41•1 PAY en map. aepararei.lergreS Mr., &Area AM, Vole [WWI 4 iihrelerpern. rag ▪ MOO rXrrrrSprr wan, elan., TWA. elSeriliMr riertereerrm,...e. ▪ err .4.11,14.1.11/00.,1411,(56•115.400110,- , Werre50.44.1 Wore r•—t-rnarma Wastewater Service Area = 322 acres Approximate potentia: wastewater acreage fees generated in the service area for 322 acres = $ 5[)5.852 1322 acres`$1,571 per acrel Approximately 150 of lots in the service area are platted PRELIMINARY EXHIBIT FINAL rTY OF CARPUS CliRf511 TEXAS WASTEWA7£R ()EPA R'ME Nr CAVO DEL OSO I_ I WASTEWATER COLLECTION SYSTEM MASTER PLAN LAGUNA MADRE WWTP SERVICE AREA AREA 3 Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 (18.25 Acres) WALLD! ON FIELD �Y�B4'�i1H!l�Ih�G EXHIWT 6 Planning Commission and Staff Recommendation Approval of the Wastewater Lot or Acreage fee exemption Plat - Summer Breeze Estate Phase 2 Blk 1 Lots 1-10 a a Me. IA .01.1W,Mfa72117,1111r-.A i•" ,... . . ,, . ' la , camas. r 7.$7. !iI" : :a! . , lagti . : 11 .....-. .... LEISE141 311 1.1:1,4,1155101 0 Ara 'Ims.ricz-4..mapozw:24.= • - • . PLAT OF it SUMMER BREEZE ESTATE PHASE 2, BLOCK 1, LOTS 1 - 10 0 6 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 DATE: October 17, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Exemption from the Wastewater Lot or Acreage Fees for Oso George Village Unit 2 located north of Yorktown Boulevard and west of Roscher Road 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 acre. 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 0 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL©940E8E40\©BCL©940E8E40.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 City Secretary Joe McComb Mayor 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 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 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 _ ! 7 day of 02-11102-; 2017. VELOPER/OWNERS: 01/ Hossei aghasi, Owner STATE OF TEXAS § COUNTY OF NUECES § This instr n was acknowledged bef, re rpg o thi , 2017, by • Y'1,.� YVONNE MUNOZ4.> `6.1 10# 12465834-3 Notary Public . `v / STATE OF TEXAS > '•••4rroit ..- My Comm. Exp 0822-2019 > .i v v v v v - v vvv v 4. , 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 Attorney For City Attorney Page 4 of 6 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 5 r, 11 A- �i 0 4 a a qb. 1 � � 13$ 11 g''0r d tna :affil sant) tti ; e 0 at 7o 5 -30 a EXHIBIT 1 Sanitary Sewer Connection Agreement Oso George Village Unit 2 Page 6 16.601 .s.•3ru�. mtL•f « =r } sift •Z � i 2 L r•e ,4 I z ©r ,\ ei fN i= , u... 1 �y , it, I rN. u f "fe. «r ...r• £' rte": r 517 3. a 1! 4 f r —re 4 +jam yr .< 4 M y ' VAS 1.YN& b.% L 0 e`s Q3 ii • ttl Of. i ;!> f ` Pi 11,1 w 73='rtti,Y�FR 9 f4 EXHIBIT 2 Wastewater Lot or Acreage Fee Exemption Request for Oso George Village Unit 2 City Council Meeting November 7, 2017 Aerial Overview Oso George Village Unit 2 (47.581Acres) AttittigWirrAft irtfe.4".iii t 1 ititikr, 'lake -'w• 2 61051•19•Mignma [Nara • • 0031-045.7670171[16 FINAL Oso George Village Unit 2 (47.58 Acres) CITY OF CORPUS CHRISTI TEXAS ▪ WASTEWATER - DEPARTMENT Deportment of £noinekving S,,.Kr= r CAVO DEL DSO o f 0 v r 4 r� i h J ka ork„. � ' e%a WALDRON FIELD WASTEWATER COLLECTION SYSTEM MASTER PLAN LAGUNA MADRE WWTP SERVICE AREA AREA GRAGYOC SCALE EXHIBIT 6 Wastewater Service Area = 322 acres Approximate potentia, wastewater acreage fees generated in the service area for 322 acres = $ 5[)5.862 1322 acres `51,571 per acre) Approximately 153; of lots in the service area are platted PRELIMINARY EXHIBIT FINAL CrTY ar CORPUS CHR1S`1 rEXA.S WASrEWA7ER DEPARl MENr a.. � r� se vxea erro WASTEWATER COLLECTION SYSTEM MASTER PLAN LAGUNA MADRE WWTP SERVICE AREA AREA 3 EXHIBf 6 Planning Commission and Staff Recommendation Approval of the Wastewater lot or acreage fee exemption 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 DATE: October 25, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Ordinance to appropriate unreserved funds for replacement of hurricane damaged vehicles and equipment; including vehicle damaged due to automobile accident 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 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 City Secretary Joe McComb Mayor Hurricane Harvey Replacement of Damaged Vehicles/Equipment Beach Operations 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 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Street Closure at 3601 Saratoga Boulevard. CAPTION: Ordinance closing, abandoning and vacating an undeveloped and unsurfaced 479.16 - square foot (0.011 acre) parcel of public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and requiring the owner, VMB Equity Properties, LLC., to comply with specified conditions. PURPOSE: The purpose of this ordinance is to abandon and vacate 479.16 -square foot of street right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and requiring the owner, VMB Equity Properties, LLC., to comply with specified conditions. BACKGROUND AND FINDINGS: VMB Equity Properties, LLC., (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 479.16 -square foot (0.011 acre) of street right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas, located south of Saratoga Boulevard and west of Zenith Drive. The abandonment and vacation of the undeveloped public street right-of-way is being requested because the street will no longer be needed. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the public street right-of-way closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed street abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the public street right-of-way closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. c. The Maintenance responsibilities for the vacated public street right-of- way reverts to VMB Equity Properties, LLC., (Owner). d. Failure to comply with all the conditions outlined in this Ordinance within 180 calendar days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Ordinance closing, abandoning and vacating an undeveloped and unsurfaced 479.16 -square foot (0.011 acre) parcel of public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and requiring the owner, VMB Equity Properties, LLC., to comply with specified conditions. WHEREAS, VMB Equity Properties, LLC., ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 479.16 -square foot (0.011 acre) of an approximate 40 -foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 14, 2017, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, no further payment shall be required because Corpus Christi Code, Sec. 49-12(c)(4) exempts payment of the fair market value when an abandoned street is unimproved and not used for any public street purpose and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate the subject portion of the undeveloped and unsurfaced 479.16 -square foot (0.011 acre) of an approximate 40 -foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of VMB Equity Properties, LLC., ("Owner"), an undeveloped and unsurfaced 479.16 -square foot portion (0.011 acre) portion of an approximate 40 -foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas, located south of Saratoga Boulevard and west of Zenith Drive, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is a field notes map, and Exhibit "C" which is a location map are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void SECTION 3. The Maintenance responsibilities for the vacated public street right-of-way reverts to VMB Equity Properties, LLC., (Owner). 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 MURRAY BASS, JR., P.E., R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, zIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com February 21, 2017 16043-M&B-STR-Closure.doc Description of a 0.011 acre tract of land, more or less, a portion of Lot 1, Section 12, Bohemian Colony Lands, a map of which is recorded in Volume "A", Page 48, Map Records, Nueces County, Texas, said 0.011 acre tract of land for street closure as further described by metes and bounds as follows: BEGINNING at the point of intersection of the northwest boundary line of said Lot 1 and the southwest right-of-way line of Saratoga Boulevard (SH 357), said beginning point for the northernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga boulevard; THENCE across a southwesterly portion of the right-of-way of Saratoga Boulevard S61°49'32"E 40.00' to a point for the easternmost corner of the tract herein described and point of curvature of a circular curve to the left having a central angle of 90°00'00", a radius of 10.00' and a chord bearing S73°10'28"W a distance of 14.14'; THENCE along the arc of said circular curve to the left, being along a southwesterly right-of-way line of said Saratoga Boulevard, a distance of 15.71' to the point of tangency; THENCE S28°10'28"W 5.00' along a southwesterly right-of-way line of said Saratoga Boulevard to a point for the southernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga Boulevard; THENCE N61°49'32"W 30.12' along a southwesterly right-of-way line of said Saratoga Boulevard to a point for the westernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga Boulevard; THENCE along said northwest boundary line of Lot 1, being along a southwesterly right-of-way line of said Saratoga Boulevard, N28°37'19"E 15.00' to the POINT OF BEGINNING, a sketch showing said 0.011 acre tract of land being attached hereto as Exhibit "B", this description not being based on an on -the -ground survey. re on M. Welsh, R.P.L.S EXHIBIT "A" Page 1 of 1 IN es IN es IN IN es IN ess Sg4)4 t_G STREET CLOSURE TRACT, 0.011 ACRES N28°37' 19"E 15.00 S61 °49'32"E 40.00' CURVE DATA 04=90°00'00" R=10.00' T=10.00' L=15.71' CB=S73° 10'28"W CH=14.14' S28° 10'28"W 5.00' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑N 1"=20' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR CLOSURE, JOB NO. 16043, SCALE: 1" = 20' PLOT SCALE: SAME, PLOT DATE: 2/21/17, SHEET 1 OF 1 STREET CLOSURE TRACT, 0,011 ACRES D N 4)/4NS 0,?. q- O 4 CZ - R R L❑CATI❑\ VAP 1" = 500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR LOC, JOB NO. 16043, SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 3/20/17, SHEET 1 OF 1 Street Right -of -Way Closure for Bohemian Colony Lands, Section 12, Lot 1 City Council Presentation November 14, 2017 Aerial Overview Vicinity Map Proposed public street right-of- way closure N28'37' 19"E 15.00 At§t§t jp, 561'49'32"E 40.00' 3p7.2 9� 4 kcy �S 9 S28'10'28W 5.00' Staff Recommendations Staff recommends: • Approval of the proposed public street right -of way closure. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: October 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning for a Property located at 3006 Niagara Street CAPTION: Case No. 1017-03 Trevino Mortuary Services, Inc. A change of zoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District. The property is described as Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, located on the east side of Niagara Street, north of Tarlton Street, and east of South Port Avenue. PURPOSE: The purpose of this item is to rezone the property to allow for the installation and operation of a crematorium in addition to the existing funeral home. RECOMMENDATION: Planning Commission and Staff Recommendation (October 18, 2017): Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CN-1/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 8 Against: 0 Absent: 1 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District to allow for the installation and operation of a crematorium in addition to the existing funeral home. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Future Land Use Map. However, the primary use is consistent with the Westside Area Development Plan (ADP) and PIanCC. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Future Land Use Map. However, the primary use is consistent with the Westside Area Development Plan (ADP) and PIanCC. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Trevino Mortuary Services, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, from the "CN -1" Neighborhood 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 Trevino Mortuary Services, Inc. ("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 18, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District, in lieu thereof approval to the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, November 14, 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 Trevino Mortuary Services, Inc. ("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 Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, located on the east side of Niagara Street, north of Tarlton Street, and east of South Port Avenue (the "Property"), from the "CN -1" Neighborhood Commercial District to "IL" Light Industrial District (Zoning Map No. 047042), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-03 Trevino Mortuary Services Inc - Crematorium\Council Documents\Ordinance_1017-03_IL_Trevino Mortuary Services, Inc..docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-03 Trevino Mortuary Services Inc- Crematorium\Council Documents\Ordinance_1017-03_IL_Trevino Mortuary Services, Inc..docx Page 3 of 3 CASE: 1017-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP w lik City of Corpus Christi Site Plan Ordinance amending the Unified Development Code ("UDC"), upon application by Trevino Mortuary Services, Inc. ("Owner"), by changing the UDC Zoning Map in reference to the property described as Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, from the "CN -1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood 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 Trevino Mortuary Services, Inc. ("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 18, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District, in lieu thereof approval to the "CN-1/SP" Neighborhood Commercial District with a Special Permit, and on Tuesday, November 14, 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 Trevino Mortuary Services, Inc. ("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 Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, located on the east side of Niagara Street, north of Tarlton Street, and east of South Port Avenue (the "Property"), from the "CN -1" Neighborhood Commercial District to "CN-1/SP" Neighborhood Commercial District with a Special Permit (Zoning Map No. 047042), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, 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 "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. 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\1017-03 Trevino Mortuary Services Inc - Crematorium\Council Documents\Ordinance_l017- 03_Special Permit_Trevino Mortuary Services, Inc..docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-03 Trevino Mortuary Services Inc - Crematorium\Council Documents\Ordinance_1017- 03_Special Permit_Trevino Mortuary Services, Inc..docx Page 3 of 3 CASE: 1017-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP w lik City of Corpus Christi Site Plan PLANNING COMMISSION FINAL REPORT Case No. 1017-03 INFOR No. 17ZN1038 Planning Commission Hearing Date: October 18, 2017 Applicant & Legal Description Owner/Applicant: Trevino Mortuary Services, Inc. Location Address: 3006 Niagara Street Legal Description: Broadmoor Park, Block 5, Lots 19 thru 24 less portion to right-of-way, located on the east side of Niagara Street, north of Tarlton Street, and east of South Port Avenue. Zoning Request From: "CN -1" Neighborhood Commercial District To: "IL" Light Industrial District Area: 0.99 acres Purpose of Request: To allow for the installation and operation of a crematorium in addition to the existing funeral home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Commercial Commercial North "RS -6" Single -Family 6 District Medium and Low Density Residential Medium and High Density Residential South "CG -2" General Commercial Commercial Commercial East "RS -6" Single -Family 6 District Medium and Low Density Residential Medium and High Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within of the Westside Area Development Plan (ADP) and is planned uses. The proposed rezoning to the "IL" Light Industrial District with the adopted Future Land Use Map. However, the primary with the Westside Area Development Plan (ADP) and PIanCC. Map No.: 047042 Zoning Violations: None the boundaries for commercial is inconsistent use is consistent Transportation Transportation and Circulation: The subject property has approximately 285 feet of frontage along Niagara Street which is designated as a Local/Residential Street and approximately 144 feet of frontage along Shely Street which is designated as a Local/Residential. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Niagara Street Local/Residential 50' ROW 28' paved 60' ROW 30' paved N/A Shely Street Local/Residential 50' ROW 28' paved 55' ROW 28' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District to allow for the installation and operation of a crematorium in addition to the existing funeral home. Development Plan: The subject property is 0.99 acres in size. The owner is proposing a 900 square foot crematorium building. The building will be constructed with a CMU block exterior, standing seam metal roof, and a crematory ventilation system. According to the technical data provided by the applicant, under normal operating conditions there will not be any smoke or odor. The equipment protects against this by a Targe internal secondary chamber whereby the products of combustion are re -burned or cleansed prior to their discharge into the environment. It is equipped with a proactive opacity (visual) monitor. The opacity monitor is continuously scanning the existing gases and takes automatic action by turning off the cremation burner if the opacity reaches a level of 10% which would be similar to smoke wafting from the tip of a cigarette. Matthews Environmental Solutions currently have over 4,500 installations globally and approximately 100 units operating within Texas alone. Each, has been approved by Texas Department of Environmental Conservation. The emission levels are well below permissible levels. The crematorium will not be operating 24/7. It is estimated to be idle or non -operational 98% of the time. The noise emitted is similar, to an air conditioner running. Existing Land Uses & Zoning: The subject property is currently zoned "CN -1" Neighborhood Commercial and consists of an existing 6,600 square foot funeral home. The subject property was rezoned from "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial in 1998 for the purposes of a funeral home. The building was formerly a Lutheran church. To the north and east is zoned "RS -6" Single -Family 6 District and consists of single-family residences. To the west, the property is zoned "CG -2" General Commercial District and is an ice distribution machine with an accessory parking lot parking lot. To the south, the property was rezoned t "CG -2" General Commercial in 1971 and is a two tenant shopping center consisting of the Las Milpas Restaurant and a law office. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Staff Report Page 3 PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the Future Land Use Map. However, the primary use is consistent with the Westside Area Development Plan (ADP) and PIanCC and consistent with the following policies of the Westside ADP and PIanCC: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • 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) • Given this overall purpose, the plan provides for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Table 1 shows the proposed land use distribution for the Westside Area. (Policy Statement C.1) Department Comments: • The proposed rezoning is inconsistent with the Future Land Use Map. However, the proposed use is consistent with the Westside Area Development Plan (ADP) and PIanCC. The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. However, the primary use does not have a negative impact upon the surrounding neighborhood. • The potential rezoning would have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the "IL" Light Industrial District. The rezoning to the "IL" District for the purposes of an accessory crematorium that would be better suited to be granted by Special Permit (SP). • The property is currently a funeral home that has operated at this location since 1998. • Currently there are only three licensed and operating crematoriums (Maxwell P. Dunne, Guardian, and Seaside) in Corpus Christi. Planning Commission and Staff Recommendation (October 18, 2017):: Denial of the change of zoning from the "CN -1" Neighborhood Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CN -1" Neighborhood 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 "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. Staff Report Page 4 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. 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: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 20 within 200 -foot notification area 5 outside notification area As of October 18, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Supplemental Technical Information D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-03 Trevino Mortuary Services Inc - Crematorium\PC Documents\Staff Report_1017- 03_Trevino Mortuary Services, Inc..docx CASE: 1017-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP w lik City of Corpus Christi Site Plan TABLE OF CONTENTS I. LETTER FROM r1'REVINOS BIOGRAPHY AND EXPLANATION II. LETTER FROM MATTHEWS CREMATION REVIEW OF FACTS REGARDING OF CREMATION EQUIPMENT WITHIN A FUNERAL FACILITY III. LETTER FROM CREMATORY MANUFACTURING & SERVICE, INC. INTRODUCTION, ENGINEERING, PARTNERSHIPS, AND EDUCATION IV. ARTICLE FROM AMERICAN FUNERAL DIRECTOR 2016 CREMATION SURVEY V. BROCHURE FROM US CREMATION EQUIPMENT WHERE IS YOUR BUSINESS HEADING? VI. BROCHURE FROM B&L CREMATION SYSTEMS THE TOUCH OF TECHNOLOGY VII. BROCHURE FROM MATTHEWS CREMATION POWERPAK I SPECIFICATIONS VIII. BROCHURE FROM B&L CREMATION SYSTEMS PHOENIX II -2 AND PHOENIX II -3 FEATURES AND SPECIFICATIONS IX. REZONING APPLICATION X. SUMMIT CONSTRUCTION CREMATORY BUILDING SPECIFICATIONS My name is Gcnaro "Bobby" Trevino III, and I have been a resident of Corpus Christi for 25 years. I am married to my wife, Laura, and we have four children. We arc the proud owners of two homes and two businesses here in Corpus Christi; and a third business in Alice. We arc one of the few family owned and operated funeral homes here, minority owned, with no affiliation to any of the funeral conglomerates. We have been local business owners for 22 years. In June of 1995, we opened Coastal Bend Mortuary Services which is a commercial embalming and transport service. In December of 1998, we opened Trevino Funeral Home here in Corpus Christi; and in July of 2014, we opened a second Trevino Funeral Home in Alice. We arc now ready to complete our last business goal which is to add a crematory to our Corpus Christi location. Currently, the funeral home litre in Corpus Christi is at a 51% cremation rate and that rate is on the rise. All our cremations arc contracted out to a company in Rockport. As you will read in the documents provided, the cremation rate in the country is at 45% and 38% in Texas, as of 2016. Adding a crematory to our location has become a necessity for us to stay competitive and to continue doing business in this market. We have thane space and the plans; we just need the special permit required for the current zoning to move forward with this final project. State of the ari crematories are now streamlined and take up less space than they slid in the past. They arc easier to operate, more cost efficient, and arc safer. We would be able to add one to two more full time employees who would be required to obtain a license through the state of Texas to operate a crematory. The building would be constructed out of concrete cinder blocks. All local permits and state cnviromncnlal requirements will be obtained and followed. Presently in the state, many crematories arc in residential and business areas; near homes, schools, hospitals, and businesses. If we arc not granted this special permit, our only other option would be to purchase an additional location and build and/or remodel which could prove detrimental to our business. This option would double our expenses and may not prove feasible for us to follow through with. Our mission has always been, and continues to be, to serve the community by providing affordable funeral services and cremations to our clients. We arc asking for your help and approval so we can continue serving this community to the best of our abilities. Enclosed you will find letters, articles, statistics, building plans, specifications, and literature on cremations and the enviromment. Thank you for your attention to this matter. We will await your response. Sincerely, Bobby Trevino C) SUMMIT CONSTRUCTION PROJECT: TREVINO CREMATORY PROJECT ADDRESS: 3006 Niagara St, Corpus Christi, TX 78405 PROPOSAL DATE: JULY 10, 2017 (Valid of 30 days) Summit Construction, LLC. ( 4833 Saratoga Blvd. #213 1 Corpus Christi, TX 78413 (361) 444-9090 1 Email: info@summit361.com 1 Website: wwwsummit361.com GENERAL STATEMENT Summit Construction, LLC proposes to build a new commercial crematory building located at 3006 Niagara St, Corpus Christi, TX 78405 Summit Construction, LLC to provide materials and labor necessary for all phases in line with scope of work listed in this document. Changes to the scope of work due to unforeseen findings or city and or state requirements may incur additional costs. All changes will be discussed between Summit Construction, LLC and client and paid in full by client prior to work being performed. Any changes to the scope of work for upgrades requested by client will be paid in full by client prior to work being performed. If any additional work is required by the City of Corpus Christi for regulation purposes, Summit Construction, LLC and client will discuss a plan of action before any such requirements are addressed. In the event that any City requirement involves additional costs, client wilt be responsible for payment. SCOPE OF WORK AS PER PLANS 1. New Construction — 900 sq ft Crematory Building built as per sketch provided by Summit Construction to owner. Special items to be included in the build: a. CMU Block exterior walls b. Standing seam metal roof c. Crematory Ventilation system 2. If proposal approved, a scaled and detailed set of construction plans will be provided by Summit Construction. PAYMENTS AND DRAW SCHEDULE Summit Construction, LLC requires a non-refundable 12% security initial down payment at the time of signing our construction contract. This 12% will be credited to the overall cost of the project. A draw schedule for the project will be provided to owner based on the remaining 88% balance due. Draws will be based on progress and completions of tasks and will be due no later than (5) five business days from draw request. If draw payments are not received within (5) five business days, Summit Construction will stop all construction until payments are received. REPORT ON NOISE EMISSIONS FOR MATTHEWS CREMATION GROUP. Prepared for: Jarrod Gogel Matthews Cremation Group 2045 Sprint Blvd Apopka, FL 32703 jooael@matthewsintl.com 800-327-2831 Date: June 21, 2010 Prepared by: Trevor Reschny, MS, CSP Florida Safety Links Inc. P.O. Box 933 Gotha, Florida 34734 Matthews* `—� ENVIRONMENTAL. SOLUTIONS September 21, 2017 Mr. Bobby Trevino Trevino Funeral Home 3006 Niagra Corpus Christie, TX. 78404 Dear Bobby, In response to our recent conversation, the following are FAQ's that could arise as it relates to the installation of a cremation system: Will there be smoke and odor? Under normal operating conditions there will not be any smoke or odor. Our equipment protects against this by a large internal secondary chamber whereby the products of combustion are re -burned or cleansed prior to their discharge into the environment. It is equipped with a proactive opacity (visual) monitor. The opacity monitor is continuously scanning the existing gases and takes automatic action by turning off the cremation burner if the opacity reaches a level of 10% which would be similar to smoke wafting from the tip of a cigarette. Is the equipment environmentally safe? Yes. Matthews Environmental Solutions currently have over 4,500 installations globally and approximately 100 units operating within Texas alone. Each, has been approved by Texas Department of Environmental Conservation. The emission levels are well below permissible levels. (See attached independent emissions source test summary). Will the facility be operating 24/7? it will not. It's estimated to be idle or non -operational 98% of the time. Will it be loud? It will not. The noise emitted is similar, to an air conditioner running. Attached is a Report on Noise Emissions performed by an independent testing laboratory. Also attached is a listing of decibels emitted and their source. As you will see, other sources we are surrounded by in our daily lives emit more noise emissions than the cremation equipment. Will it decrease property values? This argument has never been authenticated. Funeral Homes are typically located is residential or light commercially zoned areas as that is where they are to serve their community. Funeral Homes are typically the best maintained property. Attached are some property value assessments from several years ago when 2045 Sprint Boulevard 1 Apopka, Florida 32703 0: 407.886.5533 ( F: 407.886.5990 1 Www.matthewsenvironmentalsolutions.com Matthews JAI / N A t • property values were high& an today. The properties are located ne 'owntown Orlando, next to a funeral home with a crematory. In thirty (30) years of operation there was never a complaint. As one will see, the values increased. What about Mercury? The subject of Mercury arises on occasion. The USEPA defines Mercury as a natural occurring element. The reality is, Mercury from the cremation process is an insignificant source of Mercury emissions. Attached is information from the USEPA and other sources. The amount of mercury emissions, are much greater from other sources than from cremation. Unfortunately, there is so much inaccurate information on the Internet some people will believe it to be true. Sincerely, Steve Talley Sales Represe Enclosures s Enveronmen' 2045 Sprint Boulevard j Apopka, Florida 32703 D: 407-886-5533 E F: 407.886.5990 1 www.matthewsenvironmentalsolutions.com Matth ' f rrrr S a r s: y L k c TABLE OF CONTENTS 1.0 BACKGROUND INFORMATION 3 2.0 SAMPLING METHOD AND QUALITY CONTROL 3 Instrumentation used: 3 3.0 NOISE REDUCTION BY DISTANCE FORMULA 4 4.0 SAMPLING RESULTS 4 5.0 HEALTH EFFECTS AND OSHA EXPOSURE LIMITS 5 Background information about occupational noise exposure:— ....... ........... ........... 5 Introduction to the OSHA regulations: 5 P 0 Box 933 Gotha, Florida 34734 J Phone Fax 800 768 7036 0 info@safetylinks.net www satetylinks net 2 1.0 BACKGROUND INFORMATION At the request of Jarrod Gogel with Matthews Cremation Group, Safety Links Inc conducted a noise survey of a Cremation unit located at the Woodlawn Cemetery in Gotha Florida. 1 The results outlined in this report will help you: 1. Identify the baseline noise levels of the equipment 2. Document potential noise exposure for employees working in the vicinity 3. Document the noise emission levels to ensure compliance with the Riverside County California Noise Ordinances. 2.0 SAMPLING METHOD AND QUALITY CONTROL o Noise Mapping was conducted to determine the potential noise emission levels at various distances both inside and outside of the cremation building. o To obtain a baseline Safety Links first took noise measurements with all equipment off. Then a single unit was turned on and measurements were taken. Afterwards both units were tumed on and the noise measurements were recorded. o According to the staff and management onsite the noise levels emitted from these units remain consistent throughout start up and operation. o All outside measurements were taken in the dBL (linear scale) for comparison purposes to the Riverside County California Noise Ordinances. All inside measurements were taken in dBA scale for OSHA permissible exposure level (PEL) comparison. Instrumentation used: o Extech 407732 SLM -Type II, Sr.# 080301516 (Factory calibrated 11/17/09) o Calibrator: Extech 407744 Sr# R.144827 (Factory calibrated 11/17/09). o The sound level meter used in the survey met the ANSI Type 2 specifications as established in ANSI Policy S 1.4-1991 (R 1997) entitled "Specifications for Sound Level Meters." The sound level meter was calibrated before and after the monitoring periods. o The equipment was calibrated within +2% 94.0 dB at 1000 Hz using an acoustical calibrator meeting the ANSI Policy 1.25 —1991 (R 1997). P 0 Box 933 Gotha. Florida 34734 J Phone Fax 800 768 7036 info@safetylinks net +11 www safetylinks net 3 1 11PrrrilMillim r 5 a f s t 'F 3.0 NOISE REDUCTION BY DISTANCE FORMULA dBi = dBo + 201ogio (d0\ Where: db1 = noise at first distance and db0= noise at second distance Or just remember the Rule of 6's: o 6 dB loss w/ doubling of distance o 6 dB gain w/ halving of distance 4.0 SAMPLING RESULTS o All measurements were taken on June 21, 2010 o The first sample corresponds to the Base Line noise levels (i.e. no equipment running) and was conducted at 722AM o The second sample corresponds to the noise levels of a single unit running at full capacity and was conducted at 730AM o The third sample corresponds to the noise levels of both units running at full capacity and was conducted at 740AM o Both units were the Matthews Cremation Group "Super Power Pak III" model. Distance Base Line Single Unit Both Units 100 feet 47 dBL 47 dBL 47 dBL 50 feet 47 dBL 51 dBL 52 dBL 10 feet 47 dBL 65 dBL 66 dBL Distance Base Line Single Unit Both Units 100 feet 45 dBL 45 dBL 45 dBL 60 feet 45 dBL 45 dBL 45 dBL 10 feet 45 dBL 46 dBL 47 dBL N Tt Inside Noise Levels TN Distance Base Line Single Unit Both Units 100 feet 49 dBL 45 dBL 45 dBL 50 feet 49 dBL 46 dBL 46 dBL 10 feet 49 dBL 50 dBL 50 dBL Distance Base Line Single Unit Both Units 100 feet 47 dBL 47 dBL 47 dBL 60 feet 47 dBL 47 dBL 47 dBL 10 feet 47 dBL 48 dBL 49 d91. Please note: All distances are approximate Drawing not to scale! -AN)4PP 0 Box 933 Gotha. Florida 34734 4 Phone Fax 800.768 7036 J info(�safetylinks net J www safetylinks.net o Base Line Single Unit Both Units o 54 dBA 68 dBA 71 dBA Z i m 3 IP 4 5.0 HEALTH EFFECTS AND OSHA EXPOSURE LIMITS Background information about occupational noise exposure: Noise is one of the most widespread occupational health problems in industry. Exposure to noise can cause hearing Toss in addition to other harmful health effects. Other effects can include the interference with understanding speech; stress reaction; lower employee morale; reduced efficiency; annoyance; interference with concentration; and overall employee fatigue. The effects of noise depend primarily on the intensity and frequency of the noise in addition to the duration of the exposure. Noise -induced hearing Toss can be temporary or permanent. Temporary hearing loss results from short-term exposures to noise, with normal hearing returning after period of rest. On the other hand, prolonged exposure to noise over a period of time gradually causes permanent damage. This type of noise -induced hearing loss is a permanent sensorineural condition that cannot be treated medically and is initially characterized by a declining sensitivity to high - frequency sounds, usually at frequencies above 2,000 Hz. Introduction to the OSHA regulations: The Occupational Safety and Health Administration's hearing conservation regulations have been designed to protect workers from hearing impairment throughout their entire working lifetimes. To do this, OSHA has implemented a Permissible Noise Exposure Level of 90 dBA averaged over an eight hour period. OSHA has further established the "Action Level" at 85 dBA meaning that employers are responsible for implementing a Hearing Conservation Program when workers are exposed to levels at or above 85 dBA. The OSHA standard uses a 5 dBA doubling scale meaning that for every 5 dBA increase in exposure, the allowable time is reduced to half. For example, workers can be exposed without the use of hearing protectors for 8 hours at 90 dBA, 4 hours allowed at 95 dBA, 2 hours allowed at 100 dBA, etc. The applicable federal regulations includes: Code of Federal Regulations, Title 29, Chapter XVI!, Part 1910, Subpart G, 1910.95: sections (a), (b), (c), (d), (e), (t), Appendix A, and Appendix G. d, P 0 Box 933 Gotha, Florida 34734 4 Phone Fax 800 768 7036 a info S©safetylinks net 41 www safetytinks net sitor 5 Matthews 2045 Sprint Boulevard Apopka, FL 327D3 407-886-5533 tel 407-886-5990 fax 800-327-2831 July 6, 2016 Mr. Bobby Trevino Trevino Funeral Home 3006 Niagra Corpus Christi, TX. 78405 Dear Bobby, As a follow-up to our telephone conversation, this letter will review some facts regarding the common placement of cremation equipment within a funeral related facility. Matthews Cremation Division has been designing. manufacturing and installing combustion systems for a broad range of industries for over 69 years. We are recognized as the leader in cremation equipment, with over 4,500 installations throughout the United States and 50 countries. Our designs have been granted U.S. patents, and have been adopted as industry standards for quality and performance. in addition, we are the largest service and repair organization, servicing all brands of cremation equipment. Our company has been involved with the various fields of combustion for many years, and directly related to the cremation industry for over 52 years. We are a member in good standing with the Cremation Association of North America, and became its first supplier member approximately 40 years ago. As the largest manufacturer of cremation equipment, our company annually markets over 70% of our production to the funeral industry. Most funeral establishments are located in residential communities and/or light commercial areas, since they are thereto serve the local population. The cremation equip- ment is installed -within the funeral home and is generally considered by most zoning regulations to be an extension of existing business and/or services. The equipment operates without smoke or odor, and each and every installation must be permitted by the environmental authorities for the city, state or province in which it is installed. The equipment we manufacture is Underwriters Laboratories (UL) listed, confirming maximum safety of both equipment and personnel. In addition, in Canada our equipment is built to the standards of the Canadian Gas Association (CGA), and is inspected and approved by them for safety of both the electrical and gas control systems. Each model manufactured by our company is tested by an independent testing laboratory against standards set forth by the federal government. Our equipment's emission levels are substantially lower than the allowable standards to ensure environmental quality4Residents of the area will not be aware the equipment is operating. At The Standard of Excellence in Cremation Solutions Mr. Bobby Trevino Trevino Funeral Home July 6, 2016 Page 2 All machinery that performs combustion, whether automobiles or furnaces of any type (fireplaces or crematories), gives off byproducts referred to as particulate matter. Because of our equipment's high quality standards, these byproducts are not visible, nor is there an odor of the material being combusted. At the present time there are over ninety (90) of our cremators operating within the State of Texas. Each has been approved and permitted by the Texas Commission on Environmental Quality. The equipment operates automatically and has built-in pollution detection equipment that constantly supervises the operation, safeguarding against pollution and environmental impact, Cycle time is approximately two hours. When this cycle time is multiplied by the annual frequency of use, the actual hours of operation become insignificant. The -present rate of cremation in this country is approximately 45% and 38% in Texas. iris of itai importance that theseservices be locally available to residents of the community, to help minimize costto them and fulfilling their demands. I appreciate your interest and concern regarding the basic information surrounding the installation of cremation equipment. Please feel free to distribute this letter of information to any individuals and/or group that might have interest. Should you or others require additional information or have questions about anything in this letter, please call me using our toll-free number: 800-327-2831. Yours very truly, Stephen A. Talley Senior Sales Representative July 28, 2018 DearMr. Trevino: Crematory Manufacturing & Service, Inc. Welcome to CMSI We truly appreciate your interest in our company and our cremation equipment. We look forward to working with you. Whether you are adding to your existing cremation business or starting a new one, we have the products, services and training to meet your specific needs. Enclosed you will find detailed information and pricing for your review and consideration. ipalanced_Er tiering., At CMS we strive to advance the efficiency, safety and cost-effectiveness of our products and services while always maintaining a balance of technology and utility. In other words, we do not "over- engineer."We believe that technology should support design, not the other way around. If the overall safety and performance of our equipment is not improved, then adding new technology serves no purpose. By taking a balanced approach, we have been able to develop equipment that advances our standards of performance, efficiency arid safe t,,&il while maintaining ease-of-use and affordability for you. Service Partnerships Success in cremation is impossible without properly operated and maintained cremation equipment, and we understand that funeral professionals are not service technicians. That is why, in addition to our 24- hour service hotline (800.726.6120) and our new online I-Ielp Center (help.crematorymanufacturincom,), we have introduced bundled maintenance packageswith all of our cremators. From low-volume to high-volume and from tech -savvy to tech -challenged, we provide complete support custom-tailored to your needs. Universal Education We w n't to changie `the way people think about;. crematiout Too often it is portrayed as dirty, cheap and easy, and misinformation about cremation in the media abounds. CMS is committed to erasing this perception by bringing cremation into the positive light it deserves.We offer comprehensive training, provide scholarships for continued education in cremation, host an online community forum, and have partnered with professional associations to develop a progressive curriculum for the training of modern cremationists. By fostering a community of individuals with the same mission, CMS will prepare them to become the new voice for cremation. Join the movement at facebook.com/ChangineCremation. 1 will follow up soon, once you have had a chance to review the enclosed information. In the mean time, if you have any questions or need any additional resources, please do not hesitate to ask. I am always happy to help. Best regards, Larry tuart, Jr Presid t Crematory anufacturing & service, Inc. PO Box 371 Tulsa, OK 74101 1 crematorymanufacturing.com I P: 800.726.6120 F: 866.458.3483 to call him on his cell, as he'd be a great resource and tool for your toolbox. If there's anything else I can do don't hesitate to ask. See you soon! PS — please be safe with this hurricane coming!!!! Jennifer DiCamillo South Texas Regional Marketing Manager Wilbert Funeral Services, Signet Supply, & Pierce Chemicals 5111 SE 410 Loop San Antonio, TX 78222 C. 210-612-9369 P. 210-922-2122 F. 210-922-9783 Gait I PIERCE Ce.wrsc+as j l ..*h "rpm From: Kevin Finnery [mailto•kevinf@armilcfs.com] Sent: Thursday, August 24, 2017 10:30 AM To: Jennifer DiCamillo <JDicamillo@wilbert.com>; Jeff Parduhn <jtf p@armilcfs.coni> Cc: Tom Krowl <tomk@cremsys.com> Subject: RE: Information for a client - Corpus Christi, TX Good morning Jennifer, Kevin Finnery from Cremation Systems here. It.short all manufactures are required to perform a 3rd party EPA staGk ettissions test (attached) every 5 years to assure conformance with the EPA regulations. Attached is a copy of the stack emission test for our CFS 2300 that describes the test and documents the emissions. Typically in local zoning approvals they are most interested in emission monitoring on the equipment. Our CFS 2300 utilizes an opacity monitor in the stack. Basically it shoots a beam of light through the stack...if smoke is dected the combustion controls modulate the fuel and air mixture to mitigate gte,_gooke. Also note that we can meet on site with the customer and village to support their application at no charge if they feel that would be helpful. If you can supply the contact information we would welcome the opportunity to submit a formal proposal for our equipment. If I can be of further assistance to either you or your client please do not hesitate to contact me. My cell phone is 708-577-8791 Best Regards, Kevin Kevin W. Finnery Kevin W. Finnery Armii CFS, Inc. www,armilcfs.com www.cremsys.com Office: 708.339.6810 Fax:708.339.051 7 This is to Certify that: Justin Merryman Is a Qualified Individual as defined in Section 8.3 of ASTM D7036-04 for the following test methods: EPA Methods 1, IA, 2, 2A, 2C, 2D, 2F, 2G, 2H, 3, 3B, 4, 5, SA, 5B, 5E, 5F, Si, 17, 19, 201A, and 202. The individual has met the minimum experience requirements defined in Section 8.3.4.2 of ASTM D7036-04 and has successfully passed an internal comprehensive examination for the test methods designated above. This certification is effective until: Air Measurements Practice Quality Director CTRC Company: Plant Unit Location: mown Job#:M5113 Methods: Run #: `Z Traverse Sheet of Test Date: X -Factor. 4,54'7 Mlnutes/pt: Comments/notes 02013 TRC Environmental Corp AM -EMT -15 Rev 31 Revised 06/11/13 This data not entered in Excel Port & Point ID Clock Time Meter Volume ft' DP in. H20 Stack °F Dry Gas Meter Orifice DH in. H2O Probe Liner °F Filter Outlet °F Impinger Train Pump Vacuum in. Hg Inlet °F Outlet °F Outlet °F CPM Filter °F 1J'/S Yaf,7 7 ,oY G o /o 2-.? G 2.. Go ^3 /A- �- f Po 3_,F, °o f30 io i"O 25---s 4 i 9 30 , 0 , 7i r 03- 3. 7 2. 3 o ,3 s (.6 ( ,o o�� 7- 5- F-3 y • o7 7 ' 3- .P• j 86,)0 ' 0 • •4.3 7 S- 6 ( 7 MT, . , Q 7p (" 0 3.7 ? to (l y o 53 /i ,3 y l.q(( �'O 2.�-- Y 3` 3 c( 2, 4'. a:/31 , o y / 8S / 0 . S -a33.3 a-11 / e 3 I2- (S�s 7 .5i, 9 �/ � • • Oaf Q g � to 2,$ 2c3 D-3' y 1 s Li B-- I i7 c , 195-5_6 tree.; -' 2S4 a J 4' L/'c,q rq �, 3. G 67,61 ISMS" /• (�: r0 (p ? k1 7 ��3 o`�3`s © c 5-3, - OG Le 9` a / 7 a c- a -3`i( (o ,S' l Y 38 5-S 4( , 06 , g' [� 1 X7.7 '-3-4 ,sr Cr J`'/ 3-7.8 7 , D G 1a Y7 l J, 7 ,,,-6. % -3-1/ kQ t 7 r S� o,/1 '-/ , 00 6 q u S 7 Z/ 7.7 .5-7 a'57 Co S (4(;,9q.'9:4 rf r -i :dam (T � Si/ i,./c.a-4-3,(4 1 r Sq / ,0/ ,0u 1 A d,. LC Vi cr (( r�J G77. ,4; , �C� ( ( ( a l 03 (, 9. -777i (i 8'3 .1& 87 a, P3-3 y , j r `/7/�( 3 Comments/notes 02013 TRC Environmental Corp AM -EMT -15 Rev 31 Revised 06/11/13 j This is to Certify that: Justin Merryman Is a Qualified Individual as defined in Section 8.3 of ASTM 1)7036-04 for the following test methods: EPA Methods 3A, 6C, 7E, 10, 10B, 19, 20, 25A. CEM Performance Specifications PS2, PS3, PS4, PS4A, PS5, PS6, PS7, PS8, and PS15 The individual has met the minimum experience requirements defined in Section 8.3.4.2 of ASTM 1)7036-04 and has successfully passed an internal comprehensive examination for the test methods designated above. This certification is effective until: 01-14-2018 44-9,074., Edward .1 MacKinnon Air Measurements Practice Quality Director Date of Issue: 02-13-2013 Certificate Number: 00511 TRc Chart 1 ILA NIZ2N. 2016 Cremation Survey Arany Cremation Sala tutus Average Surlal Sala We+the, C n.eIonRaarefyigi O n€7 Ja Cremation excludes um vault sales • Burial excludes outer COnlainer sates The NCi Cremation Survey Group remains focused on 10 firms with group members from New England to Texas and from the Atlantic coast to west of the Mis- sissippi. The survey group includes a wide range in volume (83 to 433 total calls). Last year these firms produced total revenues of nearly $12 mil- lion based on 1,956 total calls. The revenue per call (including burial service, cremation service, casket and cremation container) for the firms in this study group averaged $6,030, up 5.5 percent over the 2015 average revenue per call of $5,713. The Averages In Chart 1 (above) you can see the most recent five years' findings com- paring the cremation average sale (container and service — no urn) to the burial average sale (casket and service — no vault). American Funeral Director July 2017 The Cremation Gap Table 1 (at right) shows that the gap between cremation and burial, $4,278 in 2016, rose $719 last year — a 20.2 percent jump from the 2015 gap of $3,559. We also calculate the "adjusted net gap" between burial and crema- tion. We determine rhe net revenues after a funeral firm pays for a burial casket or a cremation container. After subtracting the average wholesale cost of a casket, $1,300, we find that the funeral home retains a gross contribution of $6,682 from its average casket and service sale of $7,982. On the cremation side, we sub- tract the average cremation con- tainer cost of $300 from the average cremation service and con- tainer of $3,704, resulting in a gross contribution of $3,404. The difference between the burial contribution of $6,682 and the cremation contribution of $3,404 Table 1: NCI Cremation Gap 1994 $2,470 1995 $2,545 1996 $2,691 1997 $2,588 1998 $2,762 1999 $2,898 2000 $2,839 2001 $2,839 2002 $3,326 2003 $3,439 2004 $3,559 2005 $3,625 2006 $3,380 2007 $3,618 2008 $3,434 2009 $3,791 2010 $3,837 2011 $4,064 2012 $3,883 2013 $4,018 2014 $3,723 2015 $3,559 2016 $4,278 2016 Cremation Gap A'.ra/a Carnation Salo rano, Ammo Burial Salo 23M 1310 >s31 :Sar 90 00 200 3003 mH 3003 1303 000 300 7007 SOH Ms 00 30U mu 7011 300 7013 lou produces a theoretical adjusted net gap of $3,278 as compared to the 2015 adjusted net gap of $2,559 (the 2014 adjusted net gap was $2,772). Cremation Recovery Percentage The Cremation Recover) Percent- age or CRP is calculated by dividing the average cremation sale by the average burial sale. As previously stated, the 2016 CRP was 46.4 per- cent a dramatic decline from the 2015 gap of 50.9 percent. Based on the 2016 figures, the typical funeral home served 2.2 cremations to reach the same revenue as one burial. Other Findings Sixty percent of the study's firms saw their cremation sales average improve in 2016 when compared to 2015. The average service charge for the group was $5,032, a 0.8 percent increase over the 2015 service charge average of 54,992. Service charges ranged from 54,580, to the same 56,095 top charge found in 2015. The five larger -volume firms averaged 55,069 for their service charges, while those with fewer calls averaged $4,994. Direct cremation for the group averaged 52,439, as compared to the 2015 average of 52,330. When we compare the firms' direct cremation average of 52,439 to the service charge average of 55,032, we can see that the direct cremation to service charge percentage (DC/SC) equaled 48.5 percent, almost 2 percent higher than in 2015. This DC/SC calcula- tion tells us that while cremation pricing for the group improved, the actual cremation sales results declined percentage -wise. The average number of cremations for 2015 reached 88, up four crema- tions from 2015. Burial volume aver- aged 108 calls, about the same as the 107 calls from 2015. The group's average crematory charge of 5302 was down from the 2015 average of 5321. Fees charged by the crematory rose just $7 from the prior year to reach 5236 in 2016. Table 2: Cremation Survey Results NCi Cremation Survey GroupTM Average Cremation Sale (Container t& Service) Average Burial Sale (Gasket h Service) Cremation Recovery Percentage (CRP) Cremation Gap (Cremation Avg. less Burial Avg.) # Cremations needed to - equal one Burial Call Revenue 24 .2012 2013• gal!4 2015 53,395 $7,277 53,498 $3,739 $7,516 $7,461 46.6% 46.5% 501% -53,883 -S4,018 -53,723 2.1 2.1 0 53,691 53,704 $7,250 57,982 50.9% 46.4% -53,559 -54,278 2.0 2.2 American Funeral Director -July 2017 Where is your business heading: With cremation requests continuing to increase nationwideit makes good financial sense to consider the purchase of a crematory. Percentage of Deaths Resulting in Cremation Reliable, even conservative statistics tell us that cremation is on the rise; rapidly in states that- have resisted this change and in a measurable progression in those currently showing more moderate growth. For firms relying on third party providers, the difference in the cost for this service and that of financing or leasing equipment may amount to a few hundred dollars a month. Why not take advantage of the opportunities cremation offers? • Build equity in your business • Improve Cash flow • Secure "custody of care" for youx families • Limit liability exposure • Become a full service facility As reported in She CANA "Final 2006 Statistics and Projections to the Year 2025" presented at the 900 Annual Convenllon, Montreal, Canada, August 6-9,2000 CANA Cremation Association of North America The projections shown in the chart above make a strong case for action now. Learn more about the advantages of ownership by calling Cal Wilkerson at 321.282.7357 or visit us at www.uscremationequipmentcom. There is no obligation and it would be our pleasure to answer any questions you may have about our equipment, services and the feasibility of adding this dynamic opportunity to your bottom line. Visit us at NFDA, Booth # 1152 Cremation Equipment 370 S. Horth Lake Blvd., 51e. 1004 Altamonte Springs, FL 32701 Pk 321.282.7357 • Fax: 321.282.7358 www.esuemationatelpmvet.com E�araih info@nscremalienequipment.cam Model US 100 "( insaic" Cremator /be performance and value leader in cremation systems ism.BIC/warn/ion CS :sleets, Inc wit NNLint —JOY I'"ii-,i . tfT. t`P ' • Alide Built Better — to Last Longer Family Owned and Operated Since 1985 The Touch of Technology! Pi-ioENIx II -2 Features: M. Capacity Up To 850 Lbs. Available with Front or Rear Remains Retrieval • PLC Control • Color Touch Screen M Fully Automatic Call UsToday, or Visit Our Website! PI-IOENIX 1I-3 Views Setup Leg Seemly Hots creuaaon Tune: thh.ran) Actual Setpoint 60:00 59 R"er Btne 1Fl 1600 1650 r Aae :ner Nan • Op 'y • Lc.. ie' ly;.rc Leer E'eiri A r • H.r" Te" Gz_o c4,EU„u Door C'cseCcrC a, •Ems5rn azner Run/Abort ■ RES o -y Tc Lata Cool Mod Cm:ry At:1'242006 4 53 a Alt Features: Eli Capacity Up To 850 Lbs. Fully Automatic Color Touch Screen ig PLC Control ig Reduced Cremation Times 7205 114th Avenue North, Largo, Florida 33773 USA Toll Free 1-800-622-5411 or (727) 541-4666 Fax (727) 547-0669 sales@blcremationsystems.com hirretrrtoFinn tic tcs me rnm MADE in ll S_A. Monitor your retort anytime via the Internet Remote diagnostics eliminate costly service calls EPA data recorded automatically Case Information recorded automatically Fully automatic operation Remote access via the Internet Remote monitoring via smartphone or computer Remote diagnostics CFS 2300 Cremation Chamber Made in Illinois! Built by Cremation Systems Installed by Cremation Systems Cremation Systems is a division of Armil CFS, Inc,, manufacturer of high temperature process equipment since 1968. Armil CFS utilizes the finest combustion and control components, refractory and insulating materials to provide premium, high efficiency, low maintenance cremation equipment. FHA NA Illinois Cemetary & Funeral Home Association Cremation Association of North America NT4 National Funeral Directors Association enema/ion, dera" DiOs on of Anil CFS, inc 15660 South LaSalle Street South Holland, IL 60473 708-339-6810 Fax. 708-339-0517 www cremsys corn e 2009-16, Cremation Systems CFS -2300 Cremation C .tuber Oren/idiom Arm - Division of Armll CFS, Inc. [■1 Qu:et Operation [0Bu:~nors Exclusive 4Vhrsper She'd allows operation without disturbing other services. Innovative burner design iinproves productivity and saves fuel. I� r; No 111111.11111 tri. •I!. 11.111111111111,111. III r:'_ „+�r■ INN se ion in maim imi! NINO\\1111111 11 i I_- limo um "Nile OM IMF= mama `'1.~ IC • I sl ton Chamber I r Unique Hot Hearth design eiimmate'.s fluid runoff and minilu zes fuel consumption. [r] I;LOrnai:C Loading Door Heavy-duty door opens at id c;!oses at the touch of a button [■] Smoke Busier S. UL "Configuration above show] with basic control panel. Upsiracled control panels ;are available. Advanced chamber ;lir flow for complete combustion of smoke and odor. [n] Added irisul,tton A full 12" of rnuiti-component maternal to increase: operator safety and reduce. heat Ioss & maintenance costs. The Power of Partnership • Financial ROI Analysis • Zoning and Permitting Support • Operator Training and Certification • 24/7 Customer Service and Support • Custom Engineering and Design • Facility Layout and Design • Crematory Accessories and Supplies • Leasing and Financing Options • Turn -Key installation PowerPak ! Specifications Overail Height: 8' 4" (2.54 m) Overall Width: 6' 9" (1.96 m) Overall Length: 15' 8" (4.77 m) Weight: 23,400 Ib. (10.614.1 kg) Fuel: Natural or L.P. Gas (Oil available) Electrical: 230 volts, 1-phase/3-phase Control panel can be located right, left or remote MATTHEWSCREMAT{ON.COM 1.8888.589.6197 ■ PowerPak 1 The Basic Essential SMOKE -BUSTER' 138 Co] Ideal for New or Low -Volume Crematories C■] Designed for 4 cremations per day [NJ Automatic operation, most fuel-efficient in its class "Shown above with optional M-pyre®control panel The Future Of Cremation RLiAil Matthews'_ ENVIRONMENTAL SOLUTIONS { PHOENIX II -2 :s- flEtGk _ ' Fronr Di Mr FrcimejCaj NV lDTi- 8'5 ' LENGT: 10'8" WEr l -1T - 36,000Ib9. POWER REQUIREMENTS: AVAILABLE: 220 Volts, 1 Phase, 45 AMPS In 3 Phase 110 Volts, 1 Phase, 10 AMPS & 50 Cycle Options GAS PRESSURE: Natural Gas 7"-10" W.C. Propane Gas 11" W.C. CREMATION RATE: 150 lbs. Per Hour BURNER OUTPUT: Maximum Input Rating 2,500,000 BTU's Per Hour After Burner Maximum 1,500,000 BTU's Per Hour Modulation Minimum 100,000 BTU's Per Hour Ignition Burner 300,000 BTU's Per Hour Cremation Burner 500,000 BTU's Per Hour Emission Burner 200,000 BTU's Per Hour AIR REQUIREMENTS: Outside air inlet lowers in the room located at or below burner height capable of passing 2,500 cfm of free air. DOOR OPENING: DUAL DOOR OPTION: 45" Width x 32" Height Load Front and/or Rear. FULLY AUTOMATIC CONTROL SEQUENCE Operation is made simple by the fully automatic control sequence. A PLC controa all the automatic functions while providing operator interface through a color touch screen, ensuring optimum control whsle providing the lowest fuel consumption. Visua' verification of each stage is provided on the color touch screen. Operator override is achieved at a turn of a switch for semi -manual control. ,LSF HEARTH DESIGN First introduced by B&L, tis design ,allow fcFr wasted ofterburning heat -to be recycled throo h the, hoar:h, eliminating fluid problems lowering fuel cons impliool and extencing the hearth life,,. gULTI-CHAMBER AIR CONTROLLED DESIGN The entire combustion process is completed within the air contra led chambers eliminating burning in the stack allowing for 24 hour operation and providing for greater fuel efficiency. PQ; JT19N• MONITORING .L cOt T l Y5 E 11.T;his system constantly monifth the Pack gases to prevent +':sible emissions. ln'Ograted with the autombtic system, this feature enablez, tut wit' to make aII nec.esso , adjustffents automatically. REFRACTORY LINED STACK A three inch insulating liner is provided as a safety feature. While gases seldom exceed 800 F, the liner reduces heat penetration under every conditio-, preventing the possibility of fire. A ten year warranty is offered on the stack liner. LOW NOISE The secondary combustion blowers have been manufactured and installed to a low for low mice operation. on.'" The Phoenix retorts arc the quietest quits CLYZIlit _HYDRAULIC LOADING AND CLEAN-OUT DOOgS Push button operated, this feature enables the operator to open the door to the desired height from the control panel, an important safety feature for busy operations providing better Lei efficiency and longer refractory life. F'HOENIX II -3 DIMENSION: HEIGHT - 8' 9'6" Front Door Frame/Cap WIDTH - 8' LENGTH - 12'6" WEIGHT - 40,000 Ibs. POWER REQUIREMENTS: 220 Volts, 1 Phase, 45 AMPS 110 Volts, 1 Phase, 10 AMPS GAS PRESSURE: Natural Gas Propane Gas CREMATION RATE: 150 lbs. Per Hour BURNER OUTPUT: Maximum Input Rating After Burner Maximum Modulation Minimum Ignition Burner Cremation Burner Emission Burner AIR REQUIREMENTS: Outside air inlet lowers in the room located at or below burner height capable of passing 2,500 cfm of free air. DOOR OPENING: CLEAN-OUT DOOR: 45" Width x 32" Height 45" Width x 12" Height SyjNIFISALFELFROlit More than just aesthetics, stainless steel is easy 10 clean, while providing a professional finish to your equipment. This is an important feature when considering viewing. REMAINS REMOVAL SYSTEM A separate remains removal door, located at the rear of the unit, is included to enable the operator to push the remains to the rear of the chamber. This reduces heat Toss and thermal shock as the main door needs only to be opened 6" to 8" for removal. A stainless steel cooling pan is located on the outside of the unit to prevent fluid contamination. A dust control system is provided for operator safety. An automatic fan system is provided to cool the remains. REFRACTORY Our exclusive features are 6 inch high duty refractory walls in all chambers and 7 inch 3000 F abrasive resistant material in the main chamber ceiling and hearth to provide longevity and better fuel ef'ciency. Ask about our refractory guarantee. INSTALLATION Installation is made easy as our units are ful y piped. wired and tested prior to shipment from the factory. Once the machine has been off loaded and the stack and utilities hooked -up, our factory personnel will provide a free start-up and training service. 7"-10" W.C. 11" W.C. AVAILABLE In 3 Phase & 50 Cycle Options 2,500,000 BTU's Per Hour 1,500,000 BTU's Per Hour 100,000 BTU's Per Hour 300,000 BTU's Per Hour 500,000 BTU's Per Hour 200,000 BTU's Per Hour ,cam, °=tettiin[ sscu� S Cremation Systems, If►c•. 7205 114th Avenue North Largo. Florida 33773 1-800-622-5411 or (727) 541-4666 Facsimile (727) 547-0669 sales@blcremationsystems corn www.blcremabonsystems.com Zoning Case #1017-03 Trevino Mortuary Services, Inc. From: "CN -1" Neighborhood Commercial District To: "IL" Light Industrial District City Council Presentation November 14, 2017 Aerial Overview Subject Property at 3006 Niagara Street Zoning Pattern 11 Site Plan Location of Crematorium 5 Planning Commission and Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CN -1" Neighborhood Commercial District with a Special Permit (SP). AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: October 23, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning for a Property Located at 3046 Holly Road CAPTION: Case No. 1017-02 Rogerio & Maria Lopez: 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 a two acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Santa Olivia Street, west of Kostoryz Road and east of Ayers Street. PURPOSE: The purpose of this item is to rezone the property for the construction of an insurance office. RECOMMENDATION: Planning Commission and Staff Recommendation (October 18, 2017): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District for construction of an insurance office. The proposed amendment is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP), and is compatible with neighboring properties and with the character of the surrounding area. The property is suitable for uses permitted in the "CN -1" Neighborhood Commercial District and the amendment does not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Southside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Rogerio and Maria Lopez ("Owners"), by changing the UDC Zoning Map in reference to a two -acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rogerio and Maria Lopez ("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 18, 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 "CN -1" Neighborhood Commercial District, and on Tuesday, November 14, 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 Rogerio and Maria Lopez ("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 being a two -acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Santa Olivia Street, west of Kostoryz Road and east of Ayers Street (the "Property"), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 047037), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds of the Property, and Exhibit B, which is a map of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-02 Rogerio and Maria Lopez (Insurance Office)\Council Documents\Ordinance 1017-02 Rogerio and Maria Lopez.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-02 Rogerio and Maria Lopez (Insurance Office)\Council Documents\Ordinance 1017-02 Rogerio and Maria Lopez.docx Page 3 of 3 TexasGeoTech ENGINEERING & LAND SURVEYING, INC. TWO ACRE TRACT Being the A Two Acres Tract of land situated In Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being out of Lot 4, Section 3, Bohemian Colony Lands as recorded in volume A, Page 48 of The Map Records of Nueces County, Texas, same being out a 6.621 acre tract deeded to Rogelio Lopez and Maria Esperanza Lopez, Co -Trustees of the Rogelio Lopez and Maria Esperanza Lopez Revocable Living Trust, in Document Number 2012030547 of the Official Public Records Of Nueces County, Texas and being more fully described as follows; BEGINNING at a 5/8 inch iron rod found on the east right of way line of Santa Olivia Street, same being the southwest corner of Lot 1, Block 12 of the Vista Hermosa Phase II, a plat recorded in volume 67, page 84 of the Map Records of Nueces County, Texas and being the most northerly corner of this tract; THENCE S 62° 04' 10" E with the south block line of said Block 12, a distance of 306.37 feet to a 5/8 inch iron rod set for the most easterly corner of this tract; THENCE S 27° 55' 50" W a distance of 284.73 feet to a 5/8 inch iron rod set on the north right of way line of Holly Road, same being the most southerly corner of this tract; THENCE N 62° 04' 10" W with the north right of way line of said Holly Road, a distance of 291.24 feet to a 5/8 inch iron rod found for a corner of this tract; THENCE N 17° 35' 07" W a distance of 21.21 feet to a 5/8 inch iron rod found on the east right of way line of said Santa Olivia Street, and being the most westerly corner of this tract; THENCE N 27° 55' 50" E with the east right of way line of said Santa Olivia Street, a distance of 269.87 feet to the POINT OF BEGINNING and containing 2.00 acres, more or less. 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 future surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. August 2, 2017 170716.doc .I4rrel L. Moore Register Professional Land License Number 4854 Exhibit A l EXHIBIT "B" FND1 f% LOT 1 P.O.B. 5/8" I.R. LOT 2 LOT 3 LOT 6 00 ND. 5/8" I.R. 21.21' N 17'35'07"W ND. 5/8" I.R. 7 N I, JARREL L MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, THAT THIS SURVEY REPRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS, THIS THE 2nd DAY OF AUGUST, 2017. L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 5566 SET. 5/8" I.R. n/ REMAINDER OF A CALLED 6.621 ACRE TRACT DEEDED TO ROGELIO LOPEZ AND MARIA ESPERANZA LOPEZ, CO—TRUSTEES OF THE ROGELIO LOPEZ AND MARIA ESPERANZA LOPEZ REVOCABLE LIVING TRUST, IN DOCUMENT NUMBER 2012030547 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. N SCALE: 1" = 60' BOUNDARY OF A TWO ACRE BEING THE A TWO ACRES TRACT OF LAND SITUATED IN NUECES COUNTY, TEXAS, SAME LYING WITHIN THE CORPORATE CITY LIMITS OF CORPUS CHRISTI, TEXAS, SAME BEING OUT OF LOT 4, SECTION 3, BOHEMIAN COLONY LANDS AS RECORDED IN VOLME A, PAGE 48 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME BEING OUT A 6.621 ACRE TRACT DEEDED TO ROGELIO LOPEZ AND MARIA ESPERANZA LOPEZ, CO -TRUSTEES OF THE ROGELIO LOPEZ AND MARIA ESPERANZA LOPEZ REVOCABLE LIVING TRUST, IN DOCUMENT NUMBER 2012030547 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. TEXAS GEC) TECH ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (361) 993-0808 Fax (361) 993-2955 DATE: AUGUST 02, 2017 DRAWN: RC SCALE: 1" = 60' JOB NUMBER: 170716 APPROVED: JLM SURVEY: RC & BP Exhibit B Zoning Case #1017-02 Rogerio and Maria Lopez From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District City Council Presentation November 14, 2017 Aerial Overview Subject Property at 3046 Holly Road N Zoning Pattern "I L" CN -1" 2011 Subject Property "RS -6" 1979 "RS -6" "CG -2" "CG -2" 1979 "CN -1" 1979 Planning Commission and Staff Recommendation Approval of the "CN -1" Neighborhood Commercial District PLANNING COMMISSION FINALREPORT Case No. 1017-02 INFOR No. 17ZN1033 Planning Commission Hearing Date: October 18, 2017 Applicant & Legal Description Owner: Rogerio and Maria Lopez Applicant/Representative: John G. Asch Location Address: 3046 Holly Street Legal Description: Being a two acre tract of land out of Lot 4, Section 3, Bohemian Colony Lands, located on the northeast corner of Holly Road and Santa Olivia Street, west of Kostoryz Road and east of Ayers Street. Zoning Request From: "RS -6" Single -Family 6 To: "CN -1" Neighborhood Commercial District Area: 2.0 acres Purpose of Request: To allow for the construction of an insurance agency office. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family Vacant/AG Commercial North "RS -6" Single -Family Low Density Residential Medium Density Residential South "RS -6" Single -Family and "IL" Light Industrial Low Density Residential and Light Industrial Medium Density Residential, Light Industrial and Commercial East "RS -6" Single-Family/"CG-2" General Commercial Vacant/AG and Commercial Commercial West "CN -1" Neighborhood Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map and Southside ADP. Map No.: 047037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 290 feet of street frontage along Holly Road which is designated as an "Al" Minor Arterial Undivided Street and approximately 270 feet along Santa Olivia Street which is designated as a Local/Residential Street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holly Road "Al" Minor Arterial Undivided Street 95' ROW 64' paved 100' ROW 64' paved Not Available Santa Olivia Street Local/Residential 50' ROW 28' paved 60' ROW 38' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on 2.0 acres of a 6.62 acre tract of land to allow for the construction of an insurance agency office. The property is on the northeast corner of HoIIy Road and Santa Olivia Street. The remaining 4.62 acres will remain "RS -6" Single -Family 6. Development Plan: The subject property is comprised of 2.0 acres. The owner is requesting to rezone the two acres to the "CN -1" Neighborhood Commercial District in order to build an insurance agency office. The applicant proposes an office of 2,500 square feet with operating hours being Monday through Friday, 9:00 a.m. to 6:00 p.m., employing up to eight employees. The property will have 290 feet of frontage on HoIIy Road and 270 feet of frontage on Santa Olivia Street. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 and is vacant land. To the north, adjacent to the property, is Vista Hermosa Subdivision, which is also zoned "RS -6". There are two zoning districts to the south of the property across Holly Road: eight acres of vacant land zoned "IL" Light Industrial and the Crestmont #5 Subdivision which is zoned "RS -6" Single -Family 6. The Crestmont #5 Subdivision was rezoned from "IL" Light Industrial in 1979. To the immediate east of the property will be the remainder tract zoned "RS -6", and further east is the CC All Star Gym, LLC, zoned "CG -2" General Commercial. This property was also rezoned in 1979 from "IL" Light Industrial. To the west across Santa Olivia Street is zoned "CN -1" Neighborhood Commercial and consists of a Dollar General store. The property was rezoned in 2011 from "RS -6". AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property will need to be platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Future Land Use Map and with the following policies of the Southside ADP and PIanCC: Planning Commission Final Report Page 3 • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low -intensity residential areas. (Southside ADP Policy Statement 8.7) • Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. (Plan CC, 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. (PIanCC, Element 7, Goal 1, Strategy 5). Department Comments: • The "CN -1" District does not allow bars, pubs, taverns, or nightclubs. • Nearby properties have been rezoned trending toward commercial development. • UDC 4.5.1.6 states that the Neighborhood Office zoning district may be appropriate adjacent to most residential uses and as a transition between residential and nonresidential areas. • A Type B buffer yard will be required for the north property line adjacent to the Vista Hermosa Subdivision and on the east property line where the remainder tract remains "RS -6". A Type B buffer yard consists of a 10 foot wide buffer and at least 10 landscape points. The requested zoning district meets the review criteria of UDC 3.3.5: • The proposed amendment is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP), and is compatible with neighboring properties and with the character of the surrounding area. • The property is suitable for uses permitted in the "CN -1" Neighborhood Commercial District and the amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 0 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 34 within 200 -foot notification area 6 outside notification area As of October 23, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0% of the land within the 200 -foot notification area in opposition. Planning Commission Final Report Page 5 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-02 Rogerio and Maria Lopez (Insurance Office)\PC Documents\Staff Report_1017-02 Rogerio & Maria Lopez.docx SUBJECT PROPERTY 4** -444p RS -6 0� �y C\ Q' y� Date Created: 9/19/2017 0 400 _•`_ 111800 PrefDeve4opment a Scott Feat Department of D� lop; e \Services CASE: 1017-02 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT PROPERTiY o�4r 44). Gy B' LOCATION MAP \—F.M-43 14 City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of Decemberl2, 2017 DATE: October 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Rezoning for a Property Located at 1902 Rodd Field Road CAPTION: Case No. 1017-05 Hunt Enterprises, Ltd.: A change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2. The property is described as being 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. PURPOSE: This property will be developed to construct 96 apartment units on approximately 6.43 acres. The units will consist of 19 assisted living studios, 17 assisted living one - bedroom apartments, 24 memory care private apartments, 10 nursing facility private units, and 26 nursing facility semi -private resident units. RECOMMENDATION: Planning Commission and Staff Recommendation (October 18, 2017): Approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG - 2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2. Vote Results: For: 8 Against: 0 Absent: 0 Abstained: 0 BACKGROUND AND FINDINGS: The purpose for the request of the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 to allow for the proposed construction of apartment units for assisted living, private memory care, and nursing facilities on approximately 6.43 acres. The proposed rezoning to the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 is not consistent with the adopted Future Land Use Map. However, it is consistent with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with the general character of the surrounding area, which are a combination of 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 Southside 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 PIanCC, the Southside 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 0 Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Hunt Enterprises, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2; 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 Hunt Enterprises, Ltd. ("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 18, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2, and on Tuesday, November 14, 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 Hunt Enterprises, Ltd. ("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 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street (the "Property"), from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 (Zoning Map No. 040033), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\11-14-2017\Zoning\1017-05 Hunt Enterprises Ltd\Ordinance_1 017- 05_Hunt Enterprises.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\11-14-2017\Zoning\1017-05 Hunt Enterprises Ltd\Ordinance_1 017- 05_Hunt Enterprises.docx Page 3 of 3 tEURBAN ENGINEERING Exhibit A - Tract 1 1.05 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42814.B5.00 August 23, 2017 Fieldnotes, for a 1.05 Acre, Zoning Tract, of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas; said 1.05 Acres being more fully described by metes and bounds as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the Northeast Right -of -Way of Corsair Drive, a public roadway, for the West corner of Lot 25, Block 1, Rodd Place Unit 1, a map of which is recorded in Volume 43, Pages 150- 151, of the said Map Records, from Whence a 5/8 Inch Iron Rod Found, for the South corner of the said Lot 25, bears South 61°16'55" East, 90.00 Feet; Thence, North 61°16'55" West, with the said Northeast Right -of -Way, 275.41 Feet; Thence, North 28°43'05" East, departing said Northeast Right -of -Way, over and across the said Lot 32, 190.00 Feet, for the Point of Beginning and South corner of this Tract; Thence, North 61°16'55" West, 239.86 Feet, to a point on the Southeast Right -of -Way of Rodd Field Road, a public roadway, for the West corner of this Tract; Thence, North 28°43'05" East, with the said Southeast Right -of -Way, 190.00 Feet, for the North corner of this Tract Thence, South 61°16'55" East, 240.00 Feet, for the East corner of this Tract Thence, South 28°43'05" West, 190.00 Feet, to the Point of Beginning, containing 1.05 Acres (45,587Sq. Ft.) of Land, more or Tess. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1428141B5001OFFICEIIVIETES AND BOUNDS\NB42814B500 20170823_1.05Acres.DocxPage 1 of 1 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A - Tract 2 1.20 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42814.B5.00 August 23, 2017 Fieldnotes, for a 1.20 Acre, Zoning Tract, of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas; said 1.20 Acres being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, on the Northeast Right -of -Way of Corsair Drive, a public roadway, for the West corner of Lot 25, Block 1, Rodd Place Unit 1, a map of which is recorded in Volume 43, Pages 150-151, of the said Map Records, and for the South corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, for the South corner of the said Lot 25, bears South 61°16'55" East, 90.00 Feet; Thence, North 61°16'55" West, with the said Northeast Right -of -Way, 275.41 Feet, for the West corner of this Tract Thence, North 28°43'05" East, 190.00 Feet, for the North corner of this Tract; Thence, South 61°16'55" East, 275.41 Feet, to a point on the Northwest boundary of Block 1, of the said Rodd Place Unit 1, for the East corner of this Tract; Thence, South 28°43'05" West, with the Northwest line of the said Block 1, 190.00 Feet, to the Point of Beginning, containing 1.20 Acres (52,328Sq. Ft.) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. James D. Carr, R.P.L.S_ License No. 6458 S: 1Surveying1428141135001OFEICE\METES AND BOUNDS1MB42814B500 20170823-1.20Acres.DocxPage 1 of 1 OFFICE: (361)854-3101 2725 SWANTNER DR • CORPUS CHRISTI, TEXAS 78404 www urbanengwg.- TAPF Firm # 145 • TRPT.S Firm # 10032400 FAX (361)854-6001 co • 5/8 Inch Iron Rod, Found soleal dO T 4 W [SJOJ sa J,4 QS! 0a,„ °� dJOJ s6d 10 , d b, po0�b 1 .2a& ry0 Z 214 EN m W z :g (7,6 �N W �. 6.100� "O-rgl) . al sass 1 d0pao 400 l £boa 74,i Va `99 to a04, Jo 3%, J°s'1,1 `d .10 Y • p J apt PJoo)k& Ad 7 °'��JB Jr M ti a4. Sp ti .4 .10 42 r p�� J • , c c o a 7 Nw oU q 0 m m N• m V o C • ' ZSPA z Zr� Mwg�E z,gq la CD gp IMPgr Zoning Case #1017-05 Hunt Enterprises Ltd. Tract 1 From: "RM -3" Multifamily 3 District To: "CG -2" General Commercial District Tract 2 From: "CG -2" General Commercial District To: "RM -3" Multifamily 3 District City Council Presentation November 14, 2017 Aerial Overview N A Subject Property at 1902 Rodd Field Road N Zoning Pattern 4 Staff Recommendation Approval of the change of zoning Tract 1 From: "RM -3" Multifamily 3 District To: "CG -2" General Commercial District Tract 2 From: "CG -2" General Commercial District To: "RM -3" Multifamily 3 District PLANNING COMMISSION FINAL REPORT Case No. 1017-05 INFOR No. 17ZN1037 Planning Commission Hearing Date: October 18, 2017 Applicant & Legal Description Owner: Hunt Enterprises, Ltd. Applicant/Representative: Xavier Galvan Location Address: 1902 Rodd Field Road Legal Description: Being 2.25 acres out of Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. Zoning Request From: "RM -3" Multifamily 3 District, Tract 1; "CG -2" General Commercial District, Tract 2 To: "CG -2" General Commercial District, Tract 1; "RM -3" Multifamily 3 District, Tract 2 Area: 1.05 acres, Tract 1; 1.20 acres, Tract 2 Purpose of Request: This request is to construct 96 apartment units on approximately 6.43 acres. The units will consist of 19 assisted living studios, 17 assisted living one -bedroom apartments, 24 memory care private apartments, 10 nursing facility private units, and 26 nursing facility semi -private resident units. Existing Zoning and Land Uses Tract 1 Existing Zoning District ExistU eland Future Land Use Site "RM -3" Multifamily 3 District Agricultural Low Density Residential North "RM -3" Multifamily 3 District Agricultural Low Density Residential South "CG -2" General Commercial District Agricultural Low Density Residential East "RM -3" Multifamily 3 District Agricultural Low Density Residential West "CN-1/SP" Neighborhood Commercial with Special Permit "CG -2" General Commercial District Commercial Commercial Existing Zoning and Land Uses Tract 2 Existing Zoning District ExistU eland Future Land Use Site "CG -2" General Commercial District Agricultural Low Density Residential North "RM -3" Multifamily 3 District Agricultural Low Density Residential South "CG -2" General Commercial District Agricultural Low Density Residential Staff Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 to build assisted living complexes. Development Plan: The subject properties are comprised of a total of 2.25 acres and are planned for the construction of 19 assisted living studios, 17 assisted living one - bedroom apartments, 24 memory care private apartments, 10 nursing facility private units, and 26 nursing facility semi -private resident units. Existing Land Uses & Zoning: The existing site, Tract 1, is zoned "RM -3" Multifamily 3 District and is vacant. The properties to the north is zoned "RM -3" Multifamily 3 District and is vacant. South of the property is zoned "CG -2" General Commercial District and is vacant. To the east is zoned "RM -3" Multifamily 3 District and is also vacant. The west is zoned "CN-1/SP" Neighborhood Commercial with a Special Permit and "CG -2" General Commercial and is the Move It Storage. East "RS -6" Single -Family 6 District Low Density Residential Low Density Residential West "CG -2" General Commercial District Agricultural Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RM -3" Multifamily 3 District for Tract 1 and "CG -2" General Commercial District for Tract 2 is inconsistent with the adopted Future Land Use Map. However, it is consistent with the Southside ADP. Map No.: 040033 Zoning Violations: None Transportation Transportation and Circulation: On Tract 1, the subject property has approximately 180 feet of street frontage along Rodd Field Road which is designated as A-3 a Primary Arterial Divided. On Tract 2, the subject property has approximately 275 feet of street frontage along Corsair Drive which is designated as Local Residential. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rodd Field Road "A3" Primary Arterial Divided 130' ROW 79' paved 125' ROW 65' paved No Data Available Corsair Drive Local Residential 50' ROW 28' paved 60' ROW 40' paved No Data Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 to build assisted living complexes. Development Plan: The subject properties are comprised of a total of 2.25 acres and are planned for the construction of 19 assisted living studios, 17 assisted living one - bedroom apartments, 24 memory care private apartments, 10 nursing facility private units, and 26 nursing facility semi -private resident units. Existing Land Uses & Zoning: The existing site, Tract 1, is zoned "RM -3" Multifamily 3 District and is vacant. The properties to the north is zoned "RM -3" Multifamily 3 District and is vacant. South of the property is zoned "CG -2" General Commercial District and is vacant. To the east is zoned "RM -3" Multifamily 3 District and is also vacant. The west is zoned "CN-1/SP" Neighborhood Commercial with a Special Permit and "CG -2" General Commercial and is the Move It Storage. Staff Report Page 3 The existing site, Tract 2, is zoned "CG -2" General Commercial and is vacant. The properties to the west and south are both zoned "CG -2" General Commercial and are vacant. The property to the east is zoned "RS -6" Single Family Residential and make up the Rodd Place subdivision. The north is zoned "RM -3" Multifamily 3 District and is vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2 is inconsistent with the Future Land Use Map. The following policies of the Southside ADP and PIanCC are applicable to this case: • Quality housing meets the diverse needs of households at all income levels and all stages of life (PIanCC, Element 3, Goal 2). • The design of new developments promotes a broader sense of neighborhood and community. (Plan CC, Element 3, Goal 9). • Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. (PIanCC, Element 3, Goal 9). • Encourage orderly growth of new residential, commercial, and industrial areas. (PIanCC, Element 7, Goal 1, Strategy 4). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (PIanCC, Element 7, Goal 1, Strategy 5). • Corpus Christi has well-designed neighborhoods and built environments (PIanCC, Element 7, Goal 3). Department Comments: • The proposed rezoning is compatible with PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. • Tract 2 would lessen the zoning intensity adjacent to the residential properties to the east. • The properties north of Rodd Field have a pattern of commercial and the properties to the south have residential uses, assisted living would be an appropriate transitional use adjacent to the residential. Planning Commission and Staff Recommendation (October 18, 2017): Approval of the change of zoning from "RM -3" Multifamily 3 District to the "CG -2" General Commercial District for Tract 1 and "CG -2" General Commercial District to "RM -3" Multifamily 3 District for Tract 2. Staff Report Page 4 Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Public Notification Number of Notices Mailed — 20 within 200 -foot notification area 4 outside notification area As of October 19, 2017: In Favor — 3 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.0% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\1017-05 Hunt Enterprises (Assisted Living)\Council Documents\CC Report_1017-05_Hunt Enterprises.docx CASE: 1017-05 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 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition LOCATION MAP f 8 8 if! ,I, if' 1 6 11 P ''sii 1 g v , s o w a ii g q CQ 5 RORM 8 8 spy O 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 intention 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 deiarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitedo, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1017-05 Hunt Enterprises, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District on Tract 1 and "CG -2" General Commercial District on Tract 2 to the "CG -2" General Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 2.25 acres of out Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. 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 18, 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:—YI"f `i la p1'eefii t • by r 11-okt MIiit Address: (Q lV j`n,Lm, it kameh Atm id City/State: SQ r;fi j b rare A f 7K XIN FAVOR ( ) IN OPPOSITION Phone: *-3.e7— - J'_ REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1037 Property Owner ID: 8 Signature Case No. 1017-05 Project Manager: Laura Sheldon Email: LauraS2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 8 247600280320 HUNT DEVELOPMENT LTD 910 Windmill Ranch Rd Spring Branch, TX 78070 U.S. POSTAGE »PfTNBv Bows SF ummw ZIP 78401 $ 000.46° 02 41.1 0000340617007- 06 2017 1���Et��r CN -1 SP/99-06 SUBJECT PROPERTY CASE: 1017-05 ZONING & NOTICE AREA RSF7 WCt1NmlI7 1 R442 .e,RRamy 7 RY.7 74411117amy off Pr07ns4ro10771C. RAMT RnMIRamlly AT CII 7 1.141Sneereeoa Camm.rcS: 01.2 R.ISneaneea Canwnnclal CR•t Anal Canm41C41 0R2 1774 471 CAmm /41.1 Cal Oa meal comn.rclal CGS 0474 Com Mt m4: 01 tn4n4l7. COmmartio LSD Oaw.tewl Cenm.rc4l CR -7 Resort Cemmerel.l FR F4741 R1141 H Hb talc 11w747 m SusInen P.ra R. USN 41417.171141. W 11.447 a171447741 ,7712 PIann.4 Un. DDT. 0.n4y RS. ID 117 4.F.m17 II RS -I SlAsIo .mly. AS41 Slnpl. Farcy 44 AS.17 Twe•F...I7 RS.77 Sn s14 -Amity 11 A[ R..q.nlln C rl.te RS -7H 7een4(a4e SP 7,74441 P l,R Ry R4en.t4lul vemua Por. RYN 11.14.1444474C Hama ±44,44:0 ~ &,.,5 14,,..4 .1n7Pcawn, Naw 4 0.NMI wan :ar+nw7on y [tan vs rrne*7 boron: vm ucor On au.ba.C, Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Iiamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1017-05 Hunt Enterprises, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District on Tract 1 and "CG -2" General Commercial District on Tract 2 to the "CG -2" General Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 2.25 acres of out Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. 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 18, 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: �- I/I Air Ale oft -- Address: 61'0.- '`n .mill g(kfiri3A itotteL 9(') IN FAVOR REASON: ( ) IN OPPOSITION SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1037 Property Owner ID: 14 City/State: Phone: Signature Case No. 1017-05 Project Manager: Laura Sheldon Email: LauraS2@cctexas.com City of Corpus Christi Development Services Dep P.O. Box 9277 Corpus Christi, Texas 7846 14 746200010020 HUNT DEVELOPMENT LTD 910 Windmill Ranch Rd Spring Branch, TX 78070 LN U.S. POSTAGE )) PITNEY BOWES ! ,` ZIP 78401 $ 000.460 02 4V 0000340617 OCT 06 2017 RS RM -1 /1 �jifll CN -1 SP/99-06 RS -6 °40,00 CG2 rob i" ript hGQ r R CASE: 1017-05 ZONING 8. NOTICE AREA R11 1 MI4tInr.11l 1 RAMI 10wnnlmy5 01•1 1Auh0al.Ny 1 ON P100..mn.I01111. 010.1.7 altaigan9ry 4T CM 1 M.i9110N11.50 Cana les\I 01.0 Ne49441r5sed Cenn.t.la CR -1 000401 C.mm.rcyl co -r 0..01 Csmlm1I.l CC•1 DRmea[C.tnmerc0] CGS o..5ri:CanmrcUl CI 411.500 COn1n.rc01 COD 1110sn1.s.I C0r0,5rc01 50-5 110tOrtCOmn5[su1 400 gem Rural N NMinris0v01155 00 DY.1np. 40.5. L Uom,ifesstnaI 04 1115,0 Ine554451 PUD P4mN01/11R1:1W. D..1107 O 3.10 46010•Fa.Ry 10 R54 1ln 45$4siy0 RSJ 0 14 note Family 5 0 R0 TF s..s.041.14 R5 id 54100-4000117 11 R8 0.1001%11.1040 101574 10*01wsoae RP 09..10100mR Ry R.rna.Onal Ltalele gm* RMN 04nulattWW04 Mawr �©— ¢.,.0 Prov.ry tyma 107 861r. 1000 4 Dann .aen:Orr 0Oradon V CM.'" /• Immo! Dirdspmw/ Servie , Ap69 1 I 1LOCATION MAP1 CIt 4of Corpus Christi 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 y que requieren servicios especiales, se les suplica que den aviso 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 juhta v su irides es limitedo, favor de llamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1017-05 Hunt Enterprises, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District on Tract 1 and "CG -2" General Commercial District on Tract 2 to the "CG -2" General Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 2.25 acres of out Lot 32, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Corsair Drive, east of Rodd Field Road, and west of Blue Angel Street. 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 18, 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: ,to ,y Address: /IQ £44'/ r 1( Hifi( City/State: D r-1 n branGhi?X ( )1N OPPOSITION Phone: -g,3,67- 11171-0 0/74,0111— X) ij X) IN FAVOR REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1037 Property Owner ID: 20 Signet r� Case No. 1017-05 Project Manager: Laura Sheldon Email: LauraS2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 247600280320 UNT DEVELOPMENT LTD 910 Windmill Ranch Rd Spring Branch, TX 78070 U.S.?`f, »» rY BOWES tits. 1,1foop Z1P7 401 $ 000.46° 02-411 00003406170CT 06 2017 CN•1 SP189-66 40 CG•.2-. • O• . haaoa rid X) .Nov.157141 1 DAai/Pmam surkri CASE: 1017-05 ZONING & NOTICE AREA RM.1 /apnea's* i R142 MURaaoey2 RISS aaak3Ramiy 03 Pralenbnal auks RM -AT Ywtaam0y AT CR -1 Nolakbatheea Cemm.rrle CRS *Rabb& hood Camm.nut am tenon Camm.31Y1 CRS R.1331 Commanl.$ C0.1 GenentCarnmerci.i CCS General Calm.r1UI n Ynnane Camrn.r1la. CRo 001.41low. Ca+ni.t4e1t1 CRS RoutCamma,Yl !R Farm Rltni N Nleterlr Overlay GP Soamaaa Parr R. tghl'aaa3R11R el Neary bga131U1 PUO PYmNa1ln3 Ger Or.rYy 112.311 Single-Fanay to 1$34 SMSledamlya RS4 i Singi.-gmPy e a RS TF Tve•ramlly 342.12 61.140k-amky ti RS 03.141.8444lia33Y 35.23 towkhaoM SP 81112331 Parrnk Ry R1311lkonal *MN Pakl RYN 1lenu1a2Rra0 Rona Ej e. DO -0, 0....r M .DG O:.1 / hrY 4 d,., want, 2C.7 1l1..an 34/ 4.01K10314.-11.0 r1G LOCATION M P4 w+r.�i City of Corpus Christi 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: Esther Velazquez, Assistant to City Manager EstherV(a�cctexas.com (361) 826-3093 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2(c�cctexas.com (361) 826-3169 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. 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. 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 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 1 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 Page 2 of 2 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 1 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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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] City of Corpus Christi Page 15 of 16 Service Agreement for Management of American Bank Center CONTRACTOR Signature: Printed Name: J 1 tJ (. oLieldus Title: C Date: /b/1 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Attachment B: Attachment C: Scope of Work and its Exhibits Pricing Schedule Insurance Requirements Incorporated by Reference Only: Exhibit l: Exhibit 2: Exhibit 3: RFP No. 1222 Contractor's Proposal Response Preaward Contract Commitments Dated October 16, 2017 City of Corpus Christi Page 16 of 16 Service Agreement for Management of American Bank Center 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 1 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 2 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 3 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 4 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 $1 1 1,000. These cleaning wages include conversion (set and strike) responsibilities in the convention center. 4. Sianaae, 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 5 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 6 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 7 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. 0. 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 8 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 9 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 l0 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 1 1 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 1 2 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 13 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. Page 1 4 of 14 .N.Broadway St ongressman Solomon P iz International Center a p c c ' •I %Texas St 2vuseum >41101 .y ;4;4%40. c, _ o As an C Itures=&4Y ' r• � .. � �o: t' -_ Vii. fl1 • ^'�'`- I S arbor Rlay,+'?,.ggaP., ;�,r+ A-3 - PARKING LOT MAP A-4 - FUNDING CHART FY17 FUNDS PROVIDED TO OPERATOR IN AMERICAN BANK CENTER BUDGET Amount Description Source 200.000 Arena Maintenance Arena Facility Fund (type A) 1130 800,000 Arena Marketing & Co -Promotion Arena Facility Fund (type A)1130 1,500,000 Arena Capital Orates depend np on mrroudapprmed! Arena Facility Fund (Type A)1130 551,737 Internal City Expenses (see ae enl Arena Facility Fund (type A)1130 250.000 Convention Center Maotenance HOT Fund 1030 3,855,511 Convention Center Capital (vanes depending an warn middle a damned HOT Fund 1030 1,500,000 Convention Center Shortage HOT Fund 1030 113.553 Admn Services Fee _ HOT Fund 1030 184,086 Debt Service HOT Fund 1030 557.670 Internal City Expenses (see acrtraam> HOT Fund 1030 9312,537 Total PON ARM( 41130) 530000 Professional unites 130,500 537090 flood Insurance 22.325 537095 Wirx&torin Insurance 123.776 537420 Property Insurance 548060 }AIS him 275.136 SUBTOTAL 551.737 FROM HOT U030) karirt Ilituadica 530000 Professional services 130,500 537090 flood Innate 18,266 537095 Windstorm Insurance 101,272 537420 Property Insurance 548060 1415 Alluc 279,706 546010 Fleet 27,924 SUBTOTAL 567,670 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 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Apr -18 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 Duck's Unlimited Paw Patrol Comedy Wedding Wedding Wedding Quiceanera Nutcracker Ballet TYFA Sweet 16 Social 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 NAACP Freedom Fund Banquet Hector P. Garcia Memorial Entertainment (not -announced) SCS Mardi Gras Party Home and Garden Show PATC Seminar BPA Convention Event (not -announced) Fullness of Truth BPA Convention Broadway Show Texas Water Utilities Annual CCA Concert Ballet Texas Skills May -18 Jun -18 Jul -18 Aug -18 A-5 - CALENDAR OF EVENTS London HS Prom Fusion National Dance Co Fiesta De La Flor CC Ballet Spring Performance 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 Flour Bluff Graduation CCISD Graduations UMC -United Methodist TAPT Convention Convention (not -announced) Wedding TASBO TXTA Texas Challenge SXSW Head Start and Early Start Wedding Fair Battle on the Bay Wedding Pan American Golf Assoc Wedding Texas Trophy Hunters Show Jehovah's Witnesses Conference Health Fair Del Mar Graduation Convention (not -announced) Edspiration A-7 - PROPOSED 2018 BUDGET EVENT INCOME Direct Event InrnmP Rental Income Services Income Direct Service Expenses Total Direct Event Income AMERICAN BANK CENTER PROPOSED FY18 BUDGET ARENA CONVENTION CENTER 703,104 $ 606,556 13,105 172,058 [435,350[ 149,669) 260,855 728,945 Ancillary Income Food & Beverage 796,757 868,415 Novelty 44,770 13,300 Parking 202,800 219,933 Other Ancillary 442,707 152,065 Total Ancillary Income 1,469,044 1,253,313 Total Event Income 1,769,899 1,982,258 Other Operating Income 1,161,807 516,178 TOTAL REVENUES 2,931,706 2,498,436 JndirectExoenseg Wages & Benefits 1,477,232 1,797,092 Event Labor Allocated (485,000) 1300,000) Contracted Services - 8,000 General & Admin 165,900 252,350 Operations Expense 110,000 130,000 Repairs & Maint 160,060 225,000 Supplies 60,000 10,000 Insurance 45,000 60,000 Util ices 905,807 1,5'98,678 Food & Bev Indirect Exp 250,040 430,000 Total Indirect Expenses 2,709,939 4,211,120 NET INCOME ( LOSS) $ 222,767 $ (1,712,684) A-8 - MONTHLY REPORT SUMMARY AMERICAN BANK CENTER STATEMENT OF OPERATIONS ARENA CONVENTION CENTER Current Year -to Yeer-m Current Yew -to Yeerm Month Date Date Month Date Date Actual Actual Budget Actual Actual Budget EVENT INCOME Direct Event Income Rental Income $ S - $ - $ $ - 5 Services Income - - - - - Direct service Expenses - - - Total Direct Event Income Ancillary Income Food & Beverage Novelty Parking other Ancillary Other Event Income Suite Ticket Saks Ticket Rebates Facility Fees Total Ancillary Income Total Event Income Other Operating Income TOTAL REVENUES Indirect Expenses Wages & Benefits Event Labor Allocated Contracted Services General & Admin Operations Expense Repairs & Maint Supplies Insurance utilities Food & Bev Indirect Exp Total Indirect Expenses NET INCOME( LOSS) $ $ $ - $ - $ $ 4mentibere bm¢rtire Annual God .112.1•112 rebnr March ril June lu ember October November December Qrlaetive Ircentire 2013 American Bank Center Management Performance Measures April Mea lune luta i.mm.st September October Nwernber Decemher GA -tomer satisfaction scores 90% Room Ntht Goal b0,000 0eem Day Goals 175 Comm enmity Involvement 90% Repairs & Maintenance Inmpkmentation jQoarteriy}. 90% EXIIAM p LE Attachment B - Schedule of Pricing DATE: 8/7/2017 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 A4THQRIZED 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 1 TOTAL PRICE 1.0 Annual Fee to Manage the American Bank Center Complex Year 1 (February 1, 2018 - September 30, 2018) $63,333.33 2.0 Annual Fee to Manage the American Bank Center Complex Year 2 (October 1, 2018 - September 30, 2019) $95,000.00 3.0 Annual Fee to Manage the American Bank Center $96,900.00 Complex Year 3 (October 1, 2019 - September 30, 2020) Page 5 of 6 (_;-.1L) 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 $104,887.68 8.0 Complex Year 5 (October 1, 2021 - September 30, 2022) 5100,814.76 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) $104,887.68 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 $320,998.24 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 RFP No. 1222 - American Bank Center Management Services Kim Baker Proposal Evaluation SMG VENUWORKS Minimum Qualifications PASS PASS Required 5 years in Business Required 3 clients No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) 42.00 45.80 Experience Team Experience Understanding of Project Scope Interview Interview (30 points) 25.80 18.00 Experience Team Experience Understanding of Project Scope SUBTOTAL QUALIFICATIONS 67.80 63.80 Price Price (20 points) 20.00 15.50 Total 87.80 79.30 AmericanBank OCENTER American Bank Center Management Services Council Presentation November 7, 2017 Background AmericanBankCENTER 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 AmericanBank 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 3 SMG Background AmericanBankCENTER 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 Changes to Agreement AmericanBank °CENTER Current Agreement Proposed Agreement Annual Management Fee (base years) 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 AmericanBank :, C ENTER 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 Qualitative Fee Pricing AmericanBank �CENTER Not To Exceed Contract Value Type Base Years Optional Years Total Base Fee $557,717.15 $320,998.24 $878,715.39 Quantitative Fee Marketing $300,000 $600,000 $3,600,000 $150,000 $300,000 $450,000 $900,000 $1,800,000 $5,400,000 Convention Maintenance $1,500,000 $750,000 $2,250,000 Arena Maintenance $1,200,000 $600,000 $1,800,000 Overrun Stipend Capital Contributions (Type A & HOT) Contractor Contrib $9,000,000 TBD ($200,000) $4,500,000 $13,500,000 TBD TBD Total NTE Value $16,557,171.15 $8,420,998.24 $24,978,169.39 AmericanBank CENTER Questions? INFORMAL STAFF REPORT MEMORANDUM To: Margie C. Rose, City Manager 1\k. From: Esther Velazquez, Assistant to the City Manager Date: November 10, 2017 Subject: CCARS American Bank Center Management Services Issue/Problem During the presentation of the American Bank Center Management Services item at the November 7, 2017 City Council meeting, questions and concerns were raised regarding several operational areas of the American Bank Center complex. Background & Findings Questions and concerns were raised regarding the eight operational areas listed below: Budget — A request was made to provide information on American Bank Center funding sources. The majority of funds for the American Bank Center operating and capital improvements come from Hotel Occupancy Tax and Sales Tax. Please see the attached funding sources graphic and supporting financial statements. Customer Service — SMG is continuously training the staff at the American Bank Center with SMG proprietary tools that lead the industry in best practices. A new interactive survey was implemented in January 2017 that rated the concert experience at the American Bank Center Arena at 8.1 (10 being the best) for the year. This new survey is an SMG proprietary tool that is in sync with tickets purchased online at Ticketmaster.com and automated for every concert in the Arena. SMG will be implementing (1) Guest Service Ambassadors who will staff the Convention Center concierge desk in the main lobby. The Ambassadors will greet convention attendees and be available for any needs. (2) Text -to -Service to enhance communication with convention attendees. Attendees will be able to text a number for any issues or needs so that SMG staff can address them immediately. In their proposal, one of SMG's initiatives is to develop an Advisory Council comprised of stakeholders. The Advisory Council will meet regularly throughout the year and participate in review of event processes, sales promotion ideas and receive customer -driven input. In the proposed Service Agreement, customer satisfaction is a key component of the incentive fee. After award of the contract, specific customer satisfaction goals will be established and monitored as a part of the performance measurement "report card." Events — A question was raised regarding a discrepancy in the number of events held and reference was made to Attachment A-5 Calendar of Events to the Service Agreement for Management of American Bank Center. There are 116 events listed on Attachment A-5. This list was provided by SMG at the request of the RFP Development Team for incorporation into the RFP. The request was for a list of upcoming events from time of request (mid-July 2017) through the end of Fiscal year 2018. The list is a "living" document meaning that it will change from month to month based on newly booked events and its only intent was to provide a snapshot of upcoming events to potential proposers. Additionally, the A-5 Calendar of Events recognizes the name of the events not the number of event days. Many events require load -in and load -out days in addition to the event itself. For example: December 2017 — Feast of Sharing is six day event March 2018 — BPA Convention is a five day event April 2018 — CC Ballet Spring Performance is a six day event with multiple performances April 2018 — Texas Skills is a seven day event The American Bank Center has averaged 432 event days from October 2013 -September 2017. • Arena 0 0 0 0 Oct 2013—Sept 2014 — Oct 2014—Sept 2015 — Oct 2015—Sept 2016 — Oct 2016—Sept 2016 — 122 event days 117 event days 121 event days 121 event days • Convention Center/Auditorium o Oct 2013 Sept 2014 — 311 event days o Oct 2014—Sept 2015 — 341 event days o Oct 2015 Sept 2016 — 294 event days o Oct 2016—Sept 2016 — 302 event days Food Quality — Food and beverage surveys completed from 2014-2017 for conventions, social events and banquets rated six areas: ease of pre -event arrangements, meal value, meal variety, food quality, presentation and quality of wait staff. On a scale of 1 to 10, with 10 being the best, the average scores for those years are as follows: • 2014 — 8.83 • 2015 — 8.80 2 • 2016 — 8.83 • 2017 — 8.74 Marketing — There was discussion regarding SMG's ability to fully market the American Bank Center. During a pre -award meeting with SMG corporate, marketing was one of the topics covered and SMG has committed to an action plan to address this concern. Parking Rates — There was mention of $10, $15 and $20 parking near the American Bank Center. SMG charges $5 per vehicle to park in City owned American Bank Center lots. City owned lots are identified in Attachment A-3 Parking Lot Map to the Service Agreement for Management of American Bank Center. Nearby lots charging anywhere from $5-$25 are privately owned and are not controlled by the City or SMG. Performance Metrics — A report on SMG's performance for the current contract period (February 1, 2013 - present) was requested. During this contract period, the contract administrator held (and continues to hold) regular meetings with SMG to review financial statements and the progress on capital projects. Please note that SMG has no control over the timing or completion of capital projects run by City Engineering Services. Performance Metrics in the current Management Agreement include: • Net operating income is an improvement over net operating income/loss benchmark • Food and beverage operating profit margin is 34.5% or greater • SMG meets customer satisfaction goals 2013/2014 • Net operating income exceeded benchmark by $204,338 • Food & Beverage profit margin was 60.8% • Customer satisfaction average year score: 8.99 2014/2015 • Net operating income exceeded benchmark by $491,932 • Food & Beverage profit margin was 63.9% • Customer satisfaction average year score: 8.83 2015/2016 • Net operating income below benchmark by ($65,437) — no incentive paid • Food & Beverage profit margin was 64.4% • Customer satisfaction average year score: 8.83 2016/2017 Eligibility for incentive will not be calculated until actuals are reported in audited year-end financials. Utility Costs — A question was raised regarding the cost of utilities. In Attachment A-7 Proposed 2018 Budget to the Service Agreement for Management of American Bank Center the line item "utilities" encompasses costs for electricity, gas, telephone, water, sewage, IT and the Thermal Electric Storage System (TESS). 3 Over the past five years, 2012-2017, SMG has averaged the following: Arena Electricity: $309,594 (decreased electricity by 3% from FY16 to FY17) Gas: $150,456 Telephone: $21,320 Water/Sewage: $161,409 IT: $205,098 Convention Center Electricity: $720,233 (decreased electricity by 8% from FY16 to FY17) Gas: $40,027 Telephone: $20,473 Water & Sewage: $214,031 IT: $147,201 TESS: $388,919 Conclusion The RFP Selection Committee believes that SMG is the best firm to manage the American Bank Center complex and that SMG is committed to making significant improvements in all operational areas. Staff maintains its recommendation of approving a 5 year and 8 month base year contract with the option for three additional one year renewals. 4 z0i'CEO'Zzs aaue(eS punj AMERICAN BANK CENTER FUNDING SOURCES GENERAL FUND ((1020 Naming Rights D00'04L$ $185,040 Transfer 51,995.004 Arena Facility Funds For American Bank Center that remain ti 0 0 Arena Maintenance (6) VISITOR'S FACILITIES FUND 114710 AMERICAN BANK CENTER ARENA PORTION 53132,568 (7) Arena Capital Projects VISITOR'S FACILITIES FUND ((4710 AMERICAN BANK CENTER CONVENTION PORTION S1,987,821 (8) Convention Center Thorrage 0 HOT Funds For American Bank Center that remain 51,937,5'21 AMERICAN BANK CENTER TOTAL $7,100,389 HOTEL OCCUPANCY TAX FUND (1030) REVENUE DETAIL TED ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED ADOP NUMBER DESCRIPTION 2015-2016 2016-2017 2016-2017 2017-20113 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Hotel Occupancy Taxes 300500 Hotel occupancy tax 300501 Hotel occ tx-conv exp 300530 Hotel tax penalties -current yr 300531 Hotel tx penalties CY-conv exp Total Hotel Occupancy Taxes 5.4 95.215 609,876 0 6.101,506 5.109.861 609,876 0 0 0 6,105,091 6.711.382 5,109,861 11, 524, 051 12.004.000 12.000, 040 12,120,000 3,234,052 3,494,368 3,494.368 3,529,312 8,737 7,000 8.090 8,100 2,407 2,000 2,347 2,500 14,769,247 15.503,368 15,504,804 15,659,912 TOTAL OPERATING REVENUE 14,769,247 15,503,368 15,504,804 15,659,912 NON-OPERATING REVENUE 340900 Interest on investments 340995 Net Inc/Dec in FV of Investment TOTAL NON-OPERATING REVENUE 17,526 (1,342) 7,300 0 25,206 13,200 458 0 16,184 7.300 25,664 13,200 TOTAL REVENUE & INTERFUND CONTRIB 14,785,431 15,510,668 15.530,468 15,673,112 TOTAL FUNDS AVAILABLE 20,890.522 15,510,668 22,241,851 20,782,973 HOTEL OCCUPANCY TAX FUND (1030) EXPENDITURE DETAIL BY ORGANIZATION ORG ORGANIZATION ACTUALS BUDGET ESTIMATED ADOPTED NUMBER NAME 2015-2016 2016-2017 2016-2017 2017-2018 Departmental Expenditures 11305 Administration 13601 Convention Center 13605 Convention Ctr. Maintenance 13606 Convention Ctr. Capital 13817 Tourist Area Amenities 15100 Economic Development 80000 Reserve Appropriation Total Departmental Expenditures 0 15,611 15,611 0 3.000,000 3.200,000 3,200,000 2.900.000 1 84,468 255.900 255,900 250,000 2 1.049,587 4,574,464 2,714,141 1,470,000 3 12,741 522,233 150,000 200,000 0 56,389 56,389 100,000 0 6,000 6,000 0 4,146,790 8,630,597 6,398,041 4,920,000 Non -Departmental Expenditures 13013 Museum Marketing 30,223 50,000 50,000 50,000 13492 Art Museum of South Tx 340,000 350,000 350,000 380,000 13495 Botanical Gardens 20,000 40,000 40,000 40,000 13616 Convention Center Incentives 244.054 290,946 290,946 275,000 4 13640 Harbor Playhouse 7.964 15,000 15,000 15,000 13641 Heritage Park - Historic Tour Guides 0 0 0 50,000 13800 Convention promotion 4,905,114 5,225,091 5,226,091 5,001.999 13812 Texas State Aquanum 0 150,000 150.000 150,000 13815 Arts Grants/Projects 217.172 372.217 204,010 278,000 13816 Multicultural Services Support 131,230 269.316 275,314 322,850 13818 North Beach Plaza Historical Signs 0 0 0 12,500 13826 Baseball Stadium 175.000 175,000 175,000 175,000 13835 Beach Cleaning(HOT) 1,825,088 1,900,000 1,825,088 1.900.000 60130 Transfer to Debt Service 2,136,500 2,132,500 2,132,500 2,126,100 Total Non -Departmental Expenditures 10,032.344 10,971,070 10,733,948 10,776,449 TOTAL HOTEL OCCUPANCY TAX FUND (1030) 14.179,140 19.601,667 17.131,989 15,696,449 RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 609,876 0 6,101,506 0 0 0 0 5,109,861 5,086,524 6,711,382 5,109,861. Estimated ProJett Priority tr Project p Project Name Cost Brief Prt PCP Oe.eription CC2028.3 2 52018-3 3 52058.5 4 (C2618.2 5 CC2018.7 6 CC2018-9 7 52018.1 Replace Expansion Caps and Flashing Sound System Metal Detectors Facility Wi-Ft Enhancements Refurbish Exhibit Hall or watergaMera f it Wails Replace Miscellaneous Concessions/CYteringEquipnent Replace Selena's Follow Spotlights n Con rnron Center's Root 5 CC2O18.4 Replacer Operating Equipment 5 230,000 $ 100,000 $ 30,000 5 350,000 5 50,000 S 150,000 5 60,000 5.086,524 Includes items such as rabies. chairs, podiums. 250.000 hoods,* roe been ream ana/or around CC as need' lihm5s hie coaches], 44,111 audio & s:,dea. as drepe and unaLann<d repairs 9 CC2018-5 Minor Budding Upgrades and Enhancements IConvent ian Center) 5 250,000 10 CC2013-6 Replace Major Floor Cleaning Equipment 5 40,000 11 CC2418.8 Annual Landscaping lmprovementBudget 5 60.000 FY1 d ADOPTED HOT FUNDS S 1.470,000 ARENA FACILITY FUND (1130) REVENUE DETAIL ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED ADOPTED NUMBER DESCRIPTION 2015-2016 2016-2017 2016-2017 2017-2018 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE 300630 Arena sales tax TOTAL OPERATING REVENUE NON-OPERATING REVENUE 18,185,876 0 0 19,828,465 20,476,471 0 0 D 0 18,185,876 19,878,465 20;176,471 6,655,272 6,925,000 6,675,000 6,741750 6.655.272 6,925,000 6,675,000 6,741,750 Interest Income 340900 Interest on investments 84,705 31,800 95,029 200,000 340995 Net Inc/Dec in FV of Investmen (5,579) 0 1,703 0 Tota! Interest Income 79,125 31,800 96,732 200,000 INTERFUND CONTRIBUTIONS 352000 Transfer From Other Fds TOTAL INTERFUND CONTRIBUTIONS 0 0 0 1,321,491 0 0 1321,491 TOTAL NON-OPERATING REVENUE 79,125 31,800 96,732 1,521,491 TOTAL REVENUE 6,73.1,397 6,956,800 6.771.732 8,263,241 TOTAL FUNDS AVAILABLE 24,920,273 6,956,80D 26.600,197 28,739,712 ARENA FACILITY FUND (1130) EXPENDITURE DETAIL BY ORGANIZATION DRG NUMBER ORGANIZATION NAME ACTUALS BUDGET 2015-2016 2016-2017 ESTIMATED ADOPTED 2016-2017 2017-2018 Departmental Expenditures 13821 Arena Administration 13822 Arena Maintenance & Repairs Total Departmental Expenditures Non -Departmental Expenditures 60010 Transfer to General Fund 60130 Transfer to Debt Service 60400 Transfer to Visitor Facilities Total Non -Departmental Expenditures TOTAL ARENA FACILITY FUND (1130) RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 3,172 15,000 198210 200,000 15,000 15,000 200.000 200.000 6 201,382 215.000 27,039 3,423.400 1,439,987 25,105 3,427,200 2,456,421 215.000 215,000 25,105 27,542 3,427,200 3,427,400 2,456,421 3,032,568 5 4,890,426 5,908,726 5,908,726 6,487,510 5,091,808 6,123,726 6,123,726 6,702,510 0 0 19.828.465 0 0 20,476,471 0 0 22.037.202 19.828,465 20,476,471 22.037.202 Project 1 Project Name Estimated Project Cost A2018-1 A2018-2 A2018-3 A2018-4 A2018-5 Irwin Rectractable Seating Inspection and Repairs Enhanced Digital Sign Package for the Concourse Rebuild Supplemental Chill Water Pump Motor Replace Actuators and Gear Operators for Chill Water and Condensing Valves Major Building Enhancement and Improvements TOTAL ARENA CAPITAL $ 1,200,000 $ 50,000 $ 25,000 $ 150,000 $ 300,000 $ 1,725,000 VISITORS FACILITIES FUND (4710) REVENUE DETAIL ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED ADOPTED NUMBER DESCRIPTION 2015-2016 2016-2017 2016-2017 2017-2018 Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Arena Services 311760 Operating Revenues - Arena Total Arena Services 629.905 0 0 1.208.247 1,930 009 0 0 595.009 0 629,905 1.803.256 1,930,009 2.641,786 2.768.507 2.558,318 2.839.206 SMG Operating Revnue 2,641.786 2768,507 2,558,318 2839,206 Convention Center Services 311600 Operating Rev - Convention Ctr 2,753,862 2.506.187 2,259,998 2.405.936 SMG Operating Revnue Total Convention Center Services 2.753,862 2.506.187 2,259.998 2,405,936 TOTAL OPERATING REVENUE Other Revenue 302350 Special events permits 311500 Multicultural Center rentals 311510 Hentage Park maint contract 312000 Pavillon rentals 340200 Capital Contributions 340900 Interest on investments 340995 Net Inc/Dec in FV of Investments 343650 Purchase discounts Total Other Revenue TOTAL NON-OPERATING REVENUE INTERFUND CONTRIBUTIONS 352000 Transf from other fd ' ARNTA TOTAL INTERFUND CONTRIBUTIONS REIMBURSEMENTS 360030 Reimbursements-Inter-deptmntal TOTAL REIMBURSEMENTS 5,395,648 5.274,694 4.818.316 5.245.142 21.650 15,100 20.906 25.000 35.278 39.200 40.010 35.000 40.620 40,000 16.510 40.000 22,075 13,800 16.875 14.850 150,000 0 0 0 6,332 0 7.871 0 1332) 0 135 0 959 0 0 0 276,582 108.100 102.306 114,850 276.582 108,100 102.306 114.850 Revenue to pay for Cultural Facilities 1,634.026 2.641,421 2,641.421 3.235.200 5 3.032.568 Transfer Arena a 185,000 Naming + 1,634,026 2,641,421 2641.421 3.235.200 17,632 Internal Service rebates 3,000.000 3,200,000 3,200,000 2.900,000 1 1,987.821 HOT Transfer for Convention + 912,179 3,000,000 3,200,000 3.200,000 2,900000 Parks TOTAL REVENUE & INTERFUND CONTRIB 10,306.256 11,224,215 10,762.043 11,495,192 TOTAL FUNDS AVAILABLE 10,936,160 11,224,215 12,565,299 13,425.201 VISITORS FACILITIES FUND (4710) EXPENDITURE DETAIL BY ORGANIZATION ORG NUMBER ORGANIZATION 111111=F CTUALS BUDGET ESTIMATED ADOPTED NAME 2015-2016 2016-2017 2016-2017 2017-2018 Departmental Expenditures 13600 Convention Ctr/Auditonum Ops 13610 Arena Capital 13615 13625 13630 80000 Arena-Marketing/Co-Promotion Arena Operations Water Garden Reserve Approp - Visitor Fac Total Departmental Expenditures Non -Departmental Expenditures 12930 Bayfront Arts & Sciences Park 13710 Cultural Facility Maintenance 50010 Uncollectible accounts 60010 Transfer to General Fund 60130 Transfer to Debt Service Total Non -Departmental Expenditures #REFI RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 4.670,712 4.667.006 4,726.435 4.395.182 8 3,999,120 SMG internal Exp + 396.062 City Exp 1.725,000 Capital Proj + 182.085 Ice Skid • 200.000 Mmnt. + 1,222.916 Transfer back to Arena 330,000 805.000 805,000 600,000 7 439.236 Transfer from Arena + 160.764 Past years Savings 152,554 1,876.500 653.584 3,330,001 7 2,842,236 3.416.971 3,070.941 3,195,186 (7) 0 0 0 0 0 0 0 7,995.495 10,765,477 9,255,960 11,520,369 709,228 90,785 21,876 130,716 184,803 971.045 136.380 0 113,553 184,066 946.232 135.479 0 113,553 184,066 7 1.708.939 SMG Intemal Exp + 486.247 City Exp 943.281 912,179 transfer from HOT + 31,102 Past years Savings 144.412 114.850 Revenue + 29.562 Past years Savings 0 183,519 8 Full Cost Allocation Calculated by MGT annually 184.572 3591188 Arena + 148.153,35 Convention IMcKmstry) 1.137,409 1.405.043 1,379,330 1.455.784 9,132,904 12.170.520 10.635.290 12.976,153 0 595,009 1.208.247 0 0 1.930 009 0 0 449,048 1.803.256 1,930,009 449,048 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: 2017-279248 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 I swear, or COMMONWEALTH OF PENNSYLVANIA affirm, under penalty of perjury, that the above disclosure is true and correct. NOTARIAL SEAL Notary Public CNTY WEST CONSNOHOCKEN KORO. MONTGOMERY My Commission Expires Sep 11, 2020 gnature of authorized agent of contracting business entity Gi/�-/uJ this the c..?? day of A,4116/11 q AFFIX NOTARY STAMP / SEAL ABOVE Sworn t o nd subscribed before me, by the said NOf /l /-7 20 / , to certify which, witness my hand and seal of office. . i nature 9i officer administering oath Printed name of officer administering oath Title of officer administering oath / i Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: October 26, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia C. Trevino, Assistant City Manager SylviaCa@cctexas.com (361) 826-3189 FROM: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Daniel McGinn, Environmental/Strategic Initiatives DanielMc@cctexas.com (361) 826-7011 ORDINANCE AMENDMENT Repeal of the City's Joint Airport Zoning Board (JAZB) and establishment of an Airport Zoning Commission (AZC) CAPTION: Ordinance amending Chapter 2, Division 11 (Joint Airport Zoning Board), of the Code of Ordinances by repealing all provisions related to the Joint Airport Zoning Board; designating the City's Planning Commission as the Airport Zoning Commission for all purposes under the Airport Zoning Act ("Act"), Texas Local Government Code §241.001 et seq.; and investing such Airport Zoning Commission with the powers and duties authorized to be exercised under the provisions of the Act; providing for severability; and providing for publication. PURPOSE: This ordinance amendment will establish the Airport Zoning Commission (AZC) and subsequently allow for an update of Airport Hazard Area Zoning Regulations and establish Airport Compatible Land Use Zoning Regulations. These regulations would cover areas adjacent to the Corpus Christi International Airport (CCIA), Naval Air Station (NAS) Corpus Christi, Naval Auxiliary Landing Field (NALF) Cabaniss and NALF Waldron. AZC will allow City Council to unilaterally adopt Airport Zoning Regulations inside city limits and certain areas within the extraterritorial jurisdiction of the City. BACKGROUND AND FINDINGS: The Texas Local Government Code Chapter 241 allows jurisdictions to create a zoning board or commission to regulate land uses within a specific geographic area identified as the Controlled Compatible Land Use Areas in and around airfields of commercial airports and military installations. The City of Corpus Christi established a Joint Airport Zoning Board (JAZB) in May 1, 1957, but it has not been active since 1992. Currently the JAZB Airport Zoning regulations only address Airport Hazard Area Zoning Regulations. The NAS Corpus Christi Joint Land Use Study (JLUS) planning effort led by the City of Corpus Christi in partnership with NAS Corpus Christi and Nueces County was undertaken in an effort to guide planning and development in the areas surrounding NAS Corpus Christi's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). The establishment of JAZB or AZC and Airport Zoning Regulations was identified as a high priority zoning strategy in the NASCC JLUS adopted by the City Council. City Council members and City staff attempted several times to reconstitute the JAZB but were not successful. On September 19, 2014, City and Airport staff made a presentation to City Council that recommended the establishment and implementation of the AZC in lieu of reconstituting the JAZB. City Council provided direction to City and Airport Staff to pursue the establishment and implementation of the AZC. On June 9, 2015, the City awarded Amendment #2 of service agreement for Strategic Planning Services to Goody Clancy to assist City staff with the AZC implementation, City Staff contacted Goody Clancy for scope of work and cost for AZC implementation. Scope of work included worked required for NASCC's Truax Field, Cabaniss Field, Waldron Field and Corpus Christi International Airport (CCIA). On May 18, 2017, a City Council work shop was convened to discuss the repeal of the JAZB and establishment of the AZC. Council directed staff to proceed with the establishment of the AZC and to provide presentations to the Airport Board, Planning and Zoning Commission, and the Board of Adjustments. The Airport Board presentation was presented on June 18, 2017, Planning and Zoning Commission was presented on August 9, 2017 and Board of Adjustments was presented on August 28, 2017. ALTERNATIVES: Reconstitute JAZB. (Not Recommended due to lack of interest by former JAZB participants) CONFORMITY TO CITY POLICY: Conforms to City Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Development Services, Legal, and Aviation FINANCIAL IMPACT: I1 Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AMENDING CHAPTER 2, DIVISION 11 (JOINT AIRPORT ZONING BOARD), OF THE CODE OF ORDINANCES BY REPEALING ALL PROVISIONS RELATED TO THE JOINT AIRPORT ZONING BOARD; DESIGNATING THE CITY'S PLANNING COMMISSION AS THE AIRPORT ZONING COMMISSION FOR ALL PURPOSES UNDER THE AIRPORT ZONING ACT ("ACT"), TEXAS LOCAL GOVERNMENT CODE §241.001 ET SEQ., AND INVESTING SUCH AIRPORT ZONING COMMISSION WITH THE POWERS AND DUTIES AUTHORIZED TO BE EXERCISED UNDER THE PROVISIONS OF THE ACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. WHEREAS, Nueces County, by motion of its Commissioners Court on April 18, 1957 (Volume 6, Pages 255-256, Commissioners Court Minutes), and the City of Corpus Christi, by motion of its City Council on May 1, 1957 (as duly entered in the minutes of said Court and Council, respectively), established the Joint Airport Zoning Board ("JAZB") of Nueces County and the City of Corpus Christi; WHEREAS, the City of Corpus Christi, by Ordinance No. 10277 on June 2, 1971, amended the City's Code of Ordinances to reconstitute the JAZB and prescribe the composition of the board, its powers, and jurisdiction; WHEREAS, the City of Corpus Christi, by Ordinance No. 15280, on December 26, 1979, re-established the JAZB as the Joint Airport Zoning Board of Nueces County, San Patricio County, and the City of Corpus Christi by adding San Patricio County as a new governmental member and increasing the composition of the JAZB by two members; WHEREAS, on March 6, 1980, the JAZB passed an "Ordinance Adopting Airport Zoning Regulations pertaining to the Corpus Christi International Airport"; WHEREAS, on February 19, 1987, the JAZB passed an "Ordinance Adopting Military Airport Zoning Regulations"; WHEREAS, the JAZB last met in 1992 and has been inactive for 25 years; WHEREAS, the City of Corpus Christi desires to establish an airport zoning commission in order to preserve, protect, and maintain the importance of the operations of the Corpus Christi International Airport and of the military flight training mission of Naval Air Station Corpus Christi; WHEREAS, the City Council finds that an airport zoning commission is an important tool to effectively implement the policies developed in the U.S. Navy's "Joint Land Use Study" and the exercise of the City's police powers for the health, safety, and welfare of the citizens and future development of the community; WHEREAS, the City Council specifically finds and adopts the legislative findings set out in Section 241.002 of the Texas Local Government Code as necessary to the public health, public safety, and general welfare of the citizens of Corpus Christi; Page 1 of 4 WHEREAS, the City Council finds and declares the Joint Airport Zoning Board to be defunct and without appointed members, therefore, lacking the ability to exercise any powers nor fulfill any duties; and WHEREAS, the City Council finds it important for the City of Corpus Christi to abolish the inactive Joint Airport Zoning Board, establish an airport zoning commission, and designate the City's existing Planning Commission as the Airport Zoning Commission for all intents and purposes under State law, and to name any ex -officio non-voting members deemed necessary. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds the foregoing preamble language stated in this ordinance to be true and correct and adopts such findings for all intents and purposes related to the enactment of this ordinance. SECTION 2. Chapter 2, Division 11, of the Code of Ordinances is amended by repealing all provisions related to the former Joint Airport Zoning Board; establishing and designating the City's Planning Commission as the City's Airport Zoning Commission ("AZC"); and investing the AZC with the powers and duties authorized to be exercised pursuant to State law, to read as follows: "Sec. 2-130. - Established. "By virtue of the authority of Articic /16c 3, V.A.C.S., Tcxa& Chapter 241, Texas Local Government Code, as amended, there is hereby established the Joint Airport Zoning Board of Nueccs County, Texas, San Patricio County, Texas, and the City of Corpus Christi, Texas, which may be commonly called the joint airport zoning board, in cooperation with the Countics of Nueces and San Pa io, Texas airport zoning commission. "Sec. 2-131. - Composition. "Said board The commission shall be composed of seven (7) mcmbers, two (2) of whom shall bc appointcd by the city council, two (2) of whom shall bc appointed by the commissioners' court of Nueccs County, Texas, and two (2) Tcxas. The scventh mcmber shall bc elccted by a majority of the mcmbers so appointcd and shall scrvc as the chairman of said board. Each mcmber shall the same nine registered voters who are members of the City's duly appointed planning commission. The airport zoning commission members shall serve staggered terms of three years coterminous with the term each member serves on the planning commission. Any vacancy in an unexpired term on the airport zoning commission shall be filled for the remainder of the term, by appointment of the city council, by the same planning commission member appointed to fill the vacancy on the planning commission. Page 2 of 4 "Sec. 2-132. - Officers; attendance of airport and planni„g ex -officio officials. "The commission members shall elect a chairperson and a vice -chairperson from among its membership at the first regular meeting, who shall serve until August; the members shall then elect a new chairperson and vice -chairperson annually at the first meeting held each August. In addition to the chairman and vice -chairperson, said board the commission may provide for the selection of such other officers from among its membership as it deems proper. The managcr director of the Corpus Christi International Airport and the director of - - _ • _ _ - - _ - . - _ _ -• - - the environmental and strategic initiatives department of the City of Corpus Christi, or their designees, shall be entitled to attend all meetings and sessions of the said board commission but shall have no vote in matters acted upon by said board the commission. The director of the development services department of the City of Corpus Christi, or the director's designee, shall serve as the secretary for the commission and provide administrative support but shall have no vote on matters acted upon by the commission. A naval representative of Naval Air Station Corpus Christi shall be entitled to attend all meetings and sessions of the commission but shall have no vote in matters acted upon by the commission. "Sec. 2-133. - Jurisdiction, powers and procedures. "The _ - _ ee em me _ _ _ e airport zoning commission shall possess and exercise all the jurisdiction, powers and procedures described by Articic 16c 3 and by Articic '16e 5, V.A.C.S., Texas as set out in the Airport Zoning Act ("Act"), Chapter 241, Texas Local Government Code, and by such other provisions of sale -46e the Act as are applicable to said board the commission. In making recommendations to the city council, the commission shall take into consideration the then -current joint land use study pertaining to the military flight training mission and operations of Naval Air Station Corpus Christi. "Sec. 2-134. – Adopting bylaws; meetings and conducting business. "The board commission shall adopt bylaws to govern the conduct of its business and may amend the same from time to time. The commission shall meet not less than once each month; however, the chairperson (or the vice -chairperson, in the absence of the chairperson) may cancel any monthly meeting for which no business of the commission needs to be conducted. "Sec. 2-135. Reserved. "All regulations and gs of said board hcretofore promulgated, issucd and made are hereby ratified, confirmcd and approved. "Secs. 2-136-2-139. - Reserved." Page 3 of 4 SECTION 3. As authorized by the provisions of the Airport Zoning Act ("Act"), Texas Local Government Code §241.001 et seq., the City Council appoints and designates the members of the City's Planning Commission as the members of the Airport Zoning Commission, which commission is invested with the powers and shall exercise the duties set forth in the Act and this ordinance. SECTION 4. The operation of the provisions of this ordinance is necessary for the protection and preservation of the public health, public safety, and general welfare; and this ordinance shall be in full force and effect from and after its final passage by this City Council, following publication. SECTION 5. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. SECTION 6. Publication shall be made by the City Secretary in a newspaper of general circulation as required by State law and the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and finally passed on this the day of , 20 , by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED on this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 4 of 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 14, 2017 Second Reading Ordinance for the City Council Meeting of December 12, 2017 DATE: November 14, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(c�cctexas.com (361) 826-3169 Playground Equipment and Installation for Southfork and Thebeau Parks CAPTION: Ordinance appropriating $79,376.31 from the unreserved fund balance in the No. 1020 General Fund for the purchase and installation of playground equipment at Southfork and Thebeau Parks; amending the FY2017-18 Operating Budget adopted by Ordinance No. 031255 by increasing expenditures by $79,376.31; authorizing the City Manager or designee to execute all documents necessary with GameTime by Total Recreation Products, Inc., of Cypress, Texas, to approve the purchase and installation of the equipment for up to $135,933.85, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $1,000 for unforeseen expenses, for a total amount not to exceed $136,933.85, of which $57,557.54 is being provided from the Community Enrichment Fund. PURPOSE: This item is to provide new playground equipment at Southfork and Thebeau Parks. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department will be replacing playground equipment at Southfork Park located at 2838 Oso Parkway, Corpus Christi, Texas 78414, and Thebeau Park located at 3221 Richmond Street, Corpus Christi, Texas 78410. The playground equipment being replaced is in neighborhood parks recommended for replacement per the 2012 Corpus Christi Strategic Parks and Recreation Master Plan. The existing equipment has reached the end of its useful life. ALTERNATIVES: N/A 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 & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $136,933.85 $0.00 $136,933.85 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $136,933.85 $0.00 $136,933.85 BALANCE $0.00 $0.00 $0.00 Fund(s): General and Community Enrichment Comments: The contract totals for both parks are $135,933.85; however, a contingency of $1,000.00 is being added for possible fluctuation of the delivery fees and unforeseen removal of rock/roots during the installation phase, for a grand total not to exceed $136,933.85; funding is budgeted in FY2017-18. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement — Playground and Install at Southfork Park Service Agreement — Playground and Install at Thebeau Park Price Sheet Ordinance appropriating $79,376.31 from the unreserved fund balance in the No. 1020 General Fund for the purchase and installation of playground equipment at Southfork and Thebeau Parks; amending the FY2017-18 Operating Budget adopted by Ordinance No. 031255 by increasing expenditures by $79,376.31; authorizing the City Manager or designee to execute all documents necessary with GameTime by Total Recreation Products, Inc., of Cypress, Texas, to approve the purchase and installation of the equipment for up to $135,933.85, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $1,000 for unforeseen expenses, for a total amount not to exceed $136,933.85, of which $57,557.54 is being provided from the Community Enrichment Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $79,376.31 are appropriated from the unreserved fund balance in the No.1020 General Fund for the purchase and installation of playground equipment at Southfork and Thebeau Parks. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $79,376.31. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary with GameTime by Total Recreation Products, Inc., of Cypress, Texas, to approve the purchase and installation of playground equipment at Southfork and Thebeau Parks for up to $135,933.85, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $1,000 for possible unforeseen expenses, including fluctuation of delivery fees and removal of rock/roots during the installation phase, for a total amount not to exceed $136,933.85, of which $57,557.54 is being provided from the Community Enrichment Fund. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION TLGPC CONTRACT 512-16 GAMETIME BY TOTAL RECREATION PRODUCTS, INC. CYPRESS, TEXAS UNIT PRICE EXTENDED PRICE 1. Game Time - TA -03072-17-2A1 2 EA $16,663.00 $33,326.00 2. GT-Impax - 1,600 SF Poured -In - Place surfacing 2 EA $23,139.64 $46,279.28 3. Game Time - Installation at Southfork 1 EA $26,271.90 $26,271.90 4. Payment Bond Fee for Southfork 1 EA $942.53 $942.53 5. BuyBoard Contract Discount for Southfork 1 EA $5,814.55 $5,814.55 6. Freight for Southfork Equipment 1 EA $1,628.15 $1,628.15 7. Game Time - Classic Swings 1 EA $1,654.00 $1,654.00 8. Game Time - Installation at Thebeau 1 EA $34,783.10 $34,783.10 9. Payment Bond Fee for Thebeau 1 EA $1,096.63 $1,096.63 10. BuyBoard Contract Discount for Thebeau 1 EA $5,913.79 $5,913.79 11. Freight for Thebeau Equipment 1 EA $1,680.60 $1,680.60 Total Price $135,933.85 SERVICE AGREEMENT NO. 48549 Playground Equipment and Installation - Southfork Park THIS Playground Equipment and Installation at Southfork Park Agreement ("Agreement') is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and GameTime by Total Recreation Products, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation at Southfork Park 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 playground equipment and installation at Southfork Park ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $62,830.67, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Page 1 of 7 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Joshua Wentworth, Parks & Recreation Superintendent Parks & Recreation Department 361-826-3483 Email: JoshuaW©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. The City must be named as an additional insured during and until completion of the work. 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 Page 2 of 7 procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All Page 3 of 7 requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Parks & Recreation Superintendent 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: 361-826-3174 IF TO CONTRACTOR: GameTime by Total Recreation Products, Inc. Attn: Todd Miller Sales Representative 17802 Grant Road, Cypress, TX 77429 Fax: 281-351-2493 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' Page 4 of 7 COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR ANYONE FOR WHOM THEY ARE RESPONSIBLE, BUT NOT IF BY THE NEGLIGENCE OF INDEMNITEES. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the Page 5 of 7 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 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR Signature: P64, Printed Name: }- re152,41141e Title: P4t;5t 0-J Date: ? % t CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements incorporated by Reference Only: Exhibit 1: RFB}RFP Na. N/A Exhibit 2: Contractor's Bid/Proposal Response ved as to form. / IW, Assi For t City Attfi rney Attorney Page 7 of 7 Attachment A: Scope of Work Contractor will sell and install various playground equipment and Poured -in -Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/ Pricing Schedule at Southfork Park located at 2838 Oso Parkway, Coprus Christi, Texas 78414. Delivery: 1. All structures and large independent items are palletized and shrink wrapped and require a forklift for unloading. If a forklift is not available, the City must have necessary manpower to breakdown the pallets on the truck and remove the equipment to a secure storage location. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. GameTime is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation: 1. The installation price of the poured -in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. 1,600 sq. ft. slab, 4" depth (sub -base to be backfilled and raised approxmately 5" so that total of slab sub -base under it is 9") 4. The City is responsible for blue -staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. Approximately 40' of ribbon curb addition to existing site. 8. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Attachment B: Bid/Pricing Schedule ,,. .., 1 :Game -lime) by Total Recreation Products, Inc. 17802 Grant Road Cypress, Texas 77429 Phone: 281-351-2402 Toll Free: 800-392-9909 A PLAYcORE Cig„O.Ay Fax: 281-351-2493 TA -03072-17 Rev 2 City Of Corpus Christi - Southfork Park City of Corpus Christi Attn: Jose Hernandez 5352 Ayers Building #4 Corpus Christi, TX 78415 Phone: 361-826-3986 QUOTE #78479 08/16/2017 Ship To Zip: 78415 Quantity Part # Description Unit Price Amount 1 RDU Game Time - TA -03072-17-2A1 Custom PS 2-5 Play Unit - Re -drawn, updated version of 2012 Discrete Unit "Lookout Express" without Integrated Shade $16,663.00 $16,663.00 1 EM032217 GT-Impax - 1,600 SF Poured -In -Place $23,139.64 $23,139.64 Playground Surfacing - 1, 600 SF 4' CFH 50/50 Standard EPDM and Black - Color TBD Aromatic Binder, Regular Wages Price includes freight and a $2,957.85 discount. 1 INSTALL Game Time - Installation Of Unit, Site Work $26,271.90 $26,271.90 As Specified Herein - Scope of work includes: * 1,600 sq. ft. slab, 4" depth (sub -base to be backfilled and raised approx. 5" so that total of slab sub -base under it is 9") * Approx. 40' of ribbon curb addition to existing site * Installation of all equipment listed on this quote *Any remaining spoil pile will be removed from site by installer Installation of Specified Equipment/Surfacing/ Concrete Only; No other site work, demolition or concrete work included. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. 1 BONDS Game Time - Payment Bonds $942.53 $942.53 Page 1 of 2 TA -03072-17 Rev 2 City Of Corpus Christi - Southfork Park Freight Calculated to Above Address, Installer To Meet Truck DUE TO RISING FUEL COSTS, FREIGHT SHOWN IS ESTIMATED FREIGHT. ACTUAL FREIGHT WILL BE DETERMINED AT THE TIME OF YOUR ORDER. PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER. Contract: Buy Board Contract #512-16 Page 2 of 2 SubTotal: Discount: Estimated Freight: Total Amount: QUOTE #78479 08/16/2017 $67,017.07 ($5,814.55) $1,628.15 $62,830.67 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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 5 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Playground and Equipment Installation at Southfork Park Service Agreement No. 48549 Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Playground Equipment and Installation at Southfork Park No. 48549 0061 16-4 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Playground Equipment and Installation at Southfork Park No. 48549 0061 16-5 Rev. 01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured -in -Place Poured -in -Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured -in-place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1. Limited 25 year warranty on all aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on steel posts against structural failure due to material or manufacturing defects. 2. Limited 10 year warranty on concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 4. Limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions. 5. All warranties for the equipment will begin on the date of the first invoice. Page 1 of 1 SERVICE AGREEMENT NO. 48583 Playground Equipment and Installation - Thebeau Park THIS Playground Equipment and Installation at Thebeau Park Agreement ("Agreement') is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and GameTime by Total Recreation Products, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation at Southfork Park 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 playground equipment and installation at Southfork Park ("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 eight months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $73,103.18, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Page 1 of 7 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Joshua Wentworth, Parks & Recreation Superintendent Parks & Recreation Department 361-826-3483 Email: JoshuaW©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. The City must be named as an additional insured during and until completion of the work. 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 Page 2 of 7 procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All Page 3 of 7 requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Parks & Recreation Superintendent 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: 361-826-3174 IF TO CONTRACTOR: GameTime by Total Recreation Products, Inc. Attn: Todd Miller Sales Representative 17802 Grant Road, Cypress, TX 77429 Fax: 281-351-2493 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' Page 4 of 7 COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR ANYONE FOR WHOM THEY ARE RESPONSIBLE, BUT NOT IF BY THE NEGLIGENCE OF INDEMNITEES. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the Page 5 of 7 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 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 6 of 7 CONTRACTOR Signature: Printed Name: 7 go/0j441, Titre: (;:s(-1 Date: Cl/4/qt/ CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response AT proved as to form: q�l 7 Assis For City Att Attorney Page 7 of 7 ney Attachment A: Scope of Work Contractor will sell and install various playground equipment and Poured -in -Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/ Pricing Schedule at Thebeau Park located at 3221 Richmond Street, Coprus Christi, Texas 78410. Delivery: 1. All structures and large independent items are palletized and shrink wrapped and require a forklift for unloading. If a forklift is not available, the City must have necessary manpower to breakdown the pallets on the truck and remove the equipment to a secure storage location. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. GameTime is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation: 1. The installation price of the poured -in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. 1,600 sq. ft. slab, 4" depth (sub -base to be backfilled and raised approxmately 5" so that total of slab sub -base under it is 9") 4. The City is responsible for blue -staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. Approximately 150 linear feet of ribbon curb addition to existing site. 8. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. (Gamelime) FLAYCORE C b.nY City of Corpus Christi Attn: Jose Hernandez 5352 Ayers Building #4 Corpus Christi, TX 78415 Phone: 361-826-3986 by Total Recreation Products, Inc. 17802 Grant Road Cypress, Texas 77429 Phone: 281-351-2402 Toll Free: 800-392-9909 Fax: 281-351-2493 TA -03072-17 Rev 2 City Of Corpus Christi - Thebeau Park QUOTE #78478 08/16/2017 Ship To Zip: 78415 Quantity Part # Description Unit Price Amount 1 RDU Game Time - TA -03072-17-2A1 Custom PS 2-5 Play Unit - Re -drawn, updated version of 2012 Discrete Unit "Lookout Express" without Integrated Shade $16,663.00 $16,663.00 1 RDU Game Time - 8' Classic Swings (Incl. (2) Belt $1,654.00 $1,654.00 Seats) 1 EM032217 GT-Impax - 1,600 SF Poured -In -Place $23,139.64 $23,139.64 Playground Surfacing - 1,600 SF 4' CFH 50/50 Standard EPDM and Black - Color TBD Aromatic Binder, Regular Wages Price includes freight and a $2,957.85 discount. Page 1 of 2 TA -03072-17 Rev 2 City Of Corpus Christi - Thebeau Park QUOTE #78478 08/16/2017 Quantity Part # Description Unit Price Amount 1 INSTALL Game Time - Installation Of Unit, Site Work As Specified Herein - Scope of work includes: * Excavation to 7" uniform depth to allow room for 4"deep slab with PIP on top of it - installer to remove spoils. * 1,600 sq. ft. slab, 4"depth * Approx. 150 linear feet of ribbon curb addition to existing site * * *THIS LINEAR FOOTAGE AMOUNT IS SUBJECT TO CHANGE*** * Installation of all equipment listed on this quote $34,783.10 $34,783.10 Installation of Specified Equipment/Surfacing/ Concrete Only; No other site work, demolition or concrete work included. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. 1 BONDS Game Time - Payment Bonds $1,096.63 $1,096.63 Freight Calculated to Above Address, Installer To Meet Truck DUE TO RISING FUEL COSTS, FREIGHT SHOWN IS ESTIMATED FREIGHT. ACTUAL FREIGHT WILL BE DETERMINED AT THE TIME OF YOUR ORDER. PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER. Contract: Buy Board Contract #512-16 Page 2 of 2 SubTotal: $77,336.37 Discount: ($5,913.79) Estimated Freight: $1,680.60 Total Amount: $73,103.18 Attachment C: Insurance/Bond Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • 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 5 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Playground and Equipment Installation at Thebeau Park Service Agreement No. 48583 Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Playground Equipment and Installation at Thebeau Park No. 48583 0061 16-4 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Playground Equipment and Installation at Thebeau Park No. 48583 0061 16-5 Rev. 01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured -in -Place Poured -in -Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of Poured -in-place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1. Limited 25 year warranty on all aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on steel posts against structural failure due to material or manufacturing defects. 2. Limited 10 year warranty on concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 4. Limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions. 5. All warranties for the equipment will begin on the date of the first invoice. 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. GameTime c/o Total Recreation Products, Inc. Cypress, TX United States Certificate Number: 2017-259269 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Hurst 09/11/2017 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. 48583 Playground Equipment and Installation at Southfork and Thebeau Parks 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary O'Conner, Bryan Cypress, 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. p0.., Pb �i TAMMY ROBERTS ,`,• • Bi -_• �S Notary Public, State of Texas �'E - My Commission Expires �, F'oi <Er - , t` November 24, 201 7 ` -- �� N. � / � ,i ='Tr"" AFFIX Sworn Sidr4ature of authorized agent of contracting business entity NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said n 2, 0i6 ---am n_ 6 , this the )1.\' day of 2, , 20 I) , to certify which, witness my hand and seal of-dffice. Signature of office administering oath Printed name of of cer administering oath Title of officer dm istering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: October 9, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Closing of a utility easement located at 7522 Everhart Road. CAPTION: Ordinance abandoning and vacating 0.127 acre of an existing utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1R, located at 7522 Everhart Road and requiring the owner, Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office, to comply with the specified conditions. PURPOSE: The purpose of this ordinance is to eliminate a portion of a utility easement to allow for Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office for new construction. BACKGROUND AND FINDINGS: Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office (Owner) is requesting the abandonment and vacation of a 0.127 acre utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1R, located at 7522 Everhart Road. This abandonment and vacation of the utility easement is being requested by the owner for new construction. The existing utility easement is unimproved with no public utilities. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-12. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The Maintenance responsibilities for the vacated easement reverts to Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office (Owner). c. Staff recommends the owner pay no fair market value fee in accordance with City Code of Ordinance Section 49-12. d. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Ordinance abandoning and vacating 0.127 acre of an existing utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1R, located at 7522 Everhart Road and requiring the owner, Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office, to comply with the specified conditions. WHEREAS, Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office (Owner) is requesting the abandonment and vacation of 0.127 acre of an existing utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1R, located at 7522 Everhart Road; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.127 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office (Owner), a 0.127 acre of an existing utility easement out of a part of St. John the Baptist Tract, Block 1, Lot 1 R, located at 7522 Everhart Road, as recorded in Volume 67, Pages 760-761 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. Failure to record within 180 days will hereby make the Ordinance null and void SECTION 3. The maintenance responsibilities for the vacated easement reverts to Most Reverend Wm. Michael Mulvey, S.T.L., D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole and His Successors in Office (Owner). That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Exhibit A 0.127 Acre Utility Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 19272.B7.00 August 8, 2017 Fieldnotes, for a 0.127 Acre, Utility Easement Closure, being all of an existing 10 Foot Wide Utility Easement, as shown on Lot 1R, Block 1, St. John the Baptist Tract, a map of which is recorded in Volume 67, Pages 760-761, Map Records of Nueces County, Texas; said 0.127 Acre Tract being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" Found, on the Northeast Right -of -Way line of Yorktown Boulevard, a 120 foot wide public roadway, for the South corner of the said Lot 1R, the West corner of Lot 2R, Block 1, Yorktown Plaza, a map of which is recorded in Volume 67, Pages 760-761, of the said Map Records; Thence, North 01°25'15" East, with the common boundary line of the said Lots 1R and 2R, 337.68 Feet, to a common comer of the said Lots 1R and 2R, from whence a Drill Hole Found, bears South 39°16'47" West, 0.16 Feet; Thence, North 28°44'41" East, continuing with the said common boundary line, 181.00 Feet, to a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" Found, for the inner ell comer of the said Lot 1 R, the North corner of the said Lot 2R, for the Point of Beginning and the West comer of this Tract; Thence, with the boundary of this Tract as follows: • North 28°44'41" East, 109.00 Feet, to the North comer of this Tract; • South 61°15'19" East, 455.00 Feet, to an existing 15 Foot Wide Utility Easement/Drainage Easement, as shown on the said Lot 1R; • South 28°44'41" West, with the said existing easement, as shown on the said Lot 1R, 10.00 Feet; • North 61°15'19" West, 445.00 Feet; • South 28°44'41" West, 99.00 Feet, to the Southwest boundary line of the said Lot 1R, the Northeast boundary line of the said Lot 2R, and for the South corner of this Tract; S:\Surveying119272\B7001OFFICEWIETES AND BOUNDS\FN 0.127Ac_UE 20170720_RLG.Doc Page 1 oft OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, North 61°15'19" West, with the common boundary line of the said Lots 1R and 2R, 10.00 Feet, to the Point of Beginning, containing 0.127 Acre (5,540 Sq. Ft) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:\Surveying11927218700\OFFICE\METES AND BOUNDS\FN_0.127Ac_UE 20170720_RLG.Doc Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbancng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 1:1 °� �� S61'15'19"E A 455.00' 15'U.E./D.E. c°G C) iia J ey \ CO A I ��°oQ i �� .,rr �,°`Q �' v' �, 0 p o G ��. ^�� G�. p� O Q�� �0 Q40' 0G a Git) �� 0. �A p ��`e' 0 6-) ^D) O^ e'er'°,, ay Q-, .r¢, ,s- c, gyps J J� 0 max, °� (yip-, 4, 4 pQ�°p. rly red \y G' °. p G. G• o J 0, Y 1 N61'15'19"W 445.00' 0.127 Acre (5,540 Sq. Ft.) 10' Wide Utility Easement Closure (S60°55'15"E) 1 S61'15'19"E pV 548.11' Lot 0s� Gl OO cp �Q Point of yBeginning \No. wI:6 o71- c\40.1 Z Z S39°16'47"W 0.16' L4 L.. Line >10'U.E. Lot 2R, Block 1 Yorktown Plaza Vol. 67, Pgs. 760-761, Map Records of Nueces County, Texas (Owner:Villa Quilt of Corpus South, Limited Partnership) (Doc. No. 2009025696, 0.P.R.N.C.T.) (Doc. No. 2013009892. 0.P.R.N.C.T.) LINE BEARING DISTANCE L1 N28'44'41"E 109.00' \L2 S28'44'41 "W 10.00' ---\---o, L3 S28'44'41 "W 99.00' AEP Easement and Right—of—way \ L4 N61'15'19"W 10.00' (Doc. No. 2003028999, O.R.N.C.T.) X 02 \ c),,';:, \ `5-/e\ \ ._ \ 6p. \_ 20'Y.R./U.E. Point of Commencement Yorktown Boulevard (127 0-761 Exhibit B (Vol. 67, Pgs. 760-761, M.R. N. G. T.) Sketch to Accompany 90' 60' 30' o' 60' 12o' FIELDNOTES for a 0.127 Acre, Utility Easement Closure, being • • • • • all of an existing 10 Foot Wide Utility Easement, as shown on Lot 1 R, Block 1, St. John the Baptist Tract, a map of GRAPHIC SCALE which is recorded in Volume 67, Pages 760-761, Map t" -6o'Records of Nueces County, Texas. Legend DATE: Jul/ 20, 2017 SCALE: 1' 0 5/8" LR. with red plastic cap stomped "URBAN EN CR. C.C. TX" Found URBAN — ENGINEERING TBPE FIRM N0. 145. TBPLS FIRM NO. 10032400 j� 2725 SWANTNER DR, CORPUS CHRISTI. TX 78404 =60' JOB NO.: 19272.B7.00 SHEET: 1 of 2 DRAWN B Y: R LG * Drill Hole Found PHONE 361.854.3101 WWW.URBANENG.COM urbansurvey1 Ourban eng. c0m 02017 by Urban Engineering c•\o irveyinrj'\1 X1777\R7nn\Fv1 Q777R7nn I IF Hw 'i/'7n/'Jn17 4.47.2 AM r10 1:1 e H Cedar a, o PLISs I / S_ / �L .1Bepo Moonlake cy, 0-, Delwood Lipes o n +� Stony0 Sugar 0 v 0 N , �00 o es Stree Dandridge Gal( Cand- a 0 1na.) L 0) '6- ° 5 0 L O 3 0) ° O ver Hollow 0 o_ ° oo ., c ° < ° ° ° o Mega I ° L a� beth by ° J - a _, °� Lomond a 0 > w Site o Cav ndisl� C . 1 in in in in L in v N O° 41 O ,_ N \ 0- 0 c c>- 0 z �o�err o 0 °' J 0 I— a J o Q 0 0 oh .� _C C.) 0 0n > C/) cn Q o N Schwerin Laked Lake ° Lake Yorktown Boulevard b,r Cror o o ° O ak , o o'Oe 5 J 0 o co 0 a 0 Boston Stornbar9 �J Chicago �So ASO Parkway Cr. ek COUNTY OF NUECES LOCATION MAP N.T.S. CITY OF CORPUS CHRISTI Exhibit C DATE: July 20, 2017 I URBAN SCALE: NTS JOB NO.: 19272.B7.00 ENGINEERING TBPE FIRM N0. 145, TBPLS FIRM NO. 10032400 L 2725 SWANTNEDR, CORPUS CHRIST. TX 76404 SHEET: 2 of 2 DRAWN B Y: R LG PHONE: 381.854.3101 WWW.URBANENG.COM urbansurvey1 Ourbaneng.com 02017 by Urban Engineering cAci irveying\1 Q777\117nn\Fv1 Q777R7nn I IF dwg 7/7npm 7 Q•47.77 ANL rig Easement Closure for St. John the Baptist Tract, Block 1, Lot 1R City Council Presentation November 14, 2017 Aerial Overview EMIEMS11 Vicinity Map Proposed 10' wide utility easement closure t N Staff Recommendations Staff recommends: • Approval of the proposed Easement Closure. AGENDA MEMORANDUM First Reading at the City Council Meeting of November 14, 2017 Second Reading at the City Council Meeting of December 12, 2017 DATE: November 3, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manger FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval for the resale of 6 foreclosed properties CAPTION: Ordinance authorizing the resale of 6 properties for $55,999.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,623.22 plus $4,457.60 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 10 properties at the bid prices listed in Exhibit A. Each of the 10 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiative (ESI), and Housing and Community Development for potential City use. Housing and Community Development identified four (4) properties (#1, #2, #5 and #10 on Exhibit A) for affordable housing initiatives — leaving six (6) properties to be included in this resale agenda item. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Housing and Community Development identified four properties (#1, #2, #5 and #10 on Exhibit A). Since Nueces County holds title as Trustee for themselves, the City, Flour Bluff Independent School District, and Del Mar College, the City's next step would be to acquire the interests from each of these entities by making an offer for the property. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • City Attorney's Office • Engineering • Planning/ESI • Housing and Community Development FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 13,080.82 - $ 13,080.82 BALANCE - $ 13,080.82 - $ 13,080.82 FUND(S): General Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Letter from Linebarger Goggan Blair & Sampson, LLP Ordinance EXHIBIT A TAX RESALE PROPERTY LIST Item # Suit Number Property Location Legal Description Amount of Bid City's Portion City's Portion of City Paving and Demo r w. 1 Pulled. See below. 2 Pulled. See below. 3 2185 2011DCV-1453-E 2801 Guadalupe Street 1390-0003-0260; Lot 26, Block 3, Carver Addition 12,500.00 2,131.27 965.44 4 2189 2014DCV-1690-B 750 Mohawk Drive 0742-0000-0095; Lot 9-E, Blake Addition 4,000.00 333.65 814.67 5 Pulled. See below. 6 2202 2013DCV-0770-B 4606 Mokry Drive 1492-0001-0250; Lot25, Block 1 Central Park Unit 1 3,500.00 31.35 550.13 7 2204 2013DCV-3284-B 4502 Townsend Street 1579-0002-0220; Lot22, Block 2, Christi Park #3 10,000.00 1,428.06 774.54 8 2205 2013DCV-4690-G 1222 Maryland Drive 4260-0012-0030; Lot 3, Block 12, Lawndale Subdivision 10,000.00 1,632.16 1,352.82 9 2206 09-4881-C 3009-3013 Highland Avenue 4042-0001-0010 & 4042-0001-0020; Lots 1 and 2, Block A, La Bahia Addition 15,999.00 3,066.73 - 10 Pulled. See below. Total 8 55 999.00 $ 8,623.22 $ 4 457.60 ITEMS PULLED BY THE CITY OF CORPUS CHRISTI: 1 1931 2011DCV-2166-C 4829 Monitor Street 1494-0018-0160; Lot 16, Block 18, Central Park Unit 3 S 3,500.00 $ 27.88 $ 3,327.02 2 2171 2015DCV-1844-B 2841 Mary Street 8409-0010-0150; Lots 15 and 16, Block 10, Steele Addition 2,000.00 86.36 - 2196 2014DCV-6241-A 3026 Sabinas Street 2277-0001-0090; Lot 9, Block 1, El Rey Addition 1,750.00 22.70 221.00 4 2215 2013DCV-5121-D 2922 Lois Drive 2800-0001-0050; LotS, Block 'A'; George's Place 4,000.00 167.24 249.28 of Items Pulled 11 250.00 8 304.18 8 3.797.30 I8otal TTotal of Original List $ 67,249.00 8 8,927.40 $ 8,254.90 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. O. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 - FAX October 24, 2017 Ms. Constance Sanchez Director of Financial Services City of Corpus Christi POB 9277 Corpus Christi, Texas 78469-9277 Re: Consideration of offers received for Tax Resale Properties Dear Ms. Sanchez, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes for the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off' to the Nueces County taxing entities for the amount due against it. The property then conveys by Sheriffs Tax Deed to Nueces County to hold as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in accordance with the provisions of the Texas Property Tax Code. Enclosed please find ten bid analyses and maps for tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for the Council's consideration and action at their next available regular meeting. If the Council approves all ten offers as submitted, the City will receive $8,927.40 in delinquent tax revenue, $8,254.90 in payment of demo and paving liens, and restore as much as $279,227.00 in taxable property value to the tax rolls. We have received multiple offers for some of these properties. If the City Council approves these offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities. This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure, which is spelled out in the offer form that they fill out and sign to submit their offers. Please let me know as soon as possible when you have a confirmed meeting date. Thank you for your help. We appreciate the excellent working relationship we enjoy with you and your very capable staff. If you have any questions regarding these matters, please contact me at your convenience. Sincerely, A. 'eert-1 Marvin Leary Area Manager Enclosures: 10 Bid analyses and maps for tax resale properties ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-2166-C; Nueces County vs Neil Wilkinson 1494-0018-0160; Lot 16, Block 18, Central Park Unit 3 4829 Monitor St. - Corpus Christi April 2, 2013 36,007.42 3,500.00 50.00 8,370.00 9.72% 41.82% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,765.44 24.84 City of Corpus Christi 1,981.45 27.88 Corpus Christi Independent School District 4,133.21 58.15 Del Mar College 861.01 12.11 City Paving & Demo Liens 27,266.31 3,327.02 A VACANT RESIDENTIAL LOT, 59 FTX 113 FT, LOCATED JUST OFF MCARDLE RD., BETWEEN CARROLL LN. AND WEBER RD. THE PROSPECTIVE PURCHASER IS MANUEL GONZALES OF CORPUS CHRISTI 1931 U116 082-C-OLZ9 I; • 4 - " 9. it iS • n .4 11 -Taw g ;ii 12 10 49 13 4.:. • 14 ."-% 8 ••• 04..••• 9 CONCORD SP 4, 20 ST. 2 S9 9. 4T- 4 0 •t• 4. 113 Pgif z : .7i - • i / • / MONITOR 6.3.2o. 101'. 14 II 11 I . .. . G.: NI. . 1111111111 . 24 S al . lin 2,0* u.1• KARCHM ER z° •Vz: • r4s" Gs • 40- $"'/ " - 4.5" t; 61 4s • g ..g ...; 7 s 8 ...7. Ge % 0 lei ... ,„„ .t." 10 - . 11 ,5. G • or' . 41 12 •,,,4 ......4 2.°‘ '-MERRIMAC 23" .37 g 1(2.50 3 2C• 114.16- •I 4 25- 114.89 24 sC o • : . 28 7 22 "0 112-2 13 r 21 Ile 93' • 20 r 116:4t• *0 19 t I8 *2 17 X.9"/ • O 13 q• 112.5o•. . a i4 t, tia 17:99 45; g . 4, s' c.° •7. .5 •••• . • .. - s t., • 4. , 45.52 0 : 0 ° g 1 .i 70 . es 12 • 13 .... • SO 14 - 13 .1 .. 14 i15E A -S 21o.or 0, /3./3.27 le •.' .30 02,c? • ..-(JO-AN 9 ST. 0 4 1 0 a zo• 11 24 3 13 11 URBAN 23 1 14 4 • g 9 ri . - c.° •7. .5 • .0 . • " - • ° g 1 .i 70 . es il.' 1::' 4s' 4r 11 :: G • ii 12 c-"; .. 13 .1 .. 14 i15E I6 7-: a 17 ::: 40. Z 18 ;-; 0 11125 2z 15 Jb 15. 21 414 20 77 15 94•34 0 17 71S. 18 t. 96.06 WEBER 95.06. z 0 • • 2 • 122.2S .0 3 o 131.11 3 4 '4 4:4 *23.33 a 2 ai 12743 4. 121.25. (2) 12729 117.31.. o 77 123.44. 8 121.92. ii. 7 fi 9 . 121.41 123.37 . 4.1.42• 8 ,3 • 10 p.‘ .r. 1.7.45. ...4; al ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2015DCV-1844-B; Nueces County vs. Margarito Hinojosa 8409-0010-0150; Lots 15 and 16, Block 10, Steele Addition 2841 Mary St. - Corpus Christi October 4, 2016 4,087.22 2,000.00 1,616.50 7,813.00 48.93% 25.60% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 790.05 74.13 City of Corpus Christi 920.44 86.36 Corpus Christi Independent School District 1,978.65 185.65 Del Mar College 398.08 37.35 A VACANT RESIDENTIAL LOT, 50 FTX 120 FT, LOCATED 2 BLOCKS SOUTHWEST OF THE INTERSECTION OF AGNES ST. AND PORT AVE. THE PROSPECTIVE PURCHASER IS ALAN QUER/DO OF CORPUS CHRISTI. 2171 U258 AGNES 07 14 77 AL .• .e. 313ir •••• , 33, 4 01 32 3/ I 1 .3S 32 74 ZS 34 31 7/Z4 .37 34 /7 ...----.' a 74 /3 ...--, AZ // ...,1 .35 25 7 / 4a 27 4 .72 /4 - ...... 41 14 ' 42 45 / ,. I 43 24 ..• 44 23 15 44 43- 22 f .87 46 .1 3.3 _ ' I4 57 • v ear Z° .1 / e., 67 15 /7 67 if 1 I . V „,...,"..1.... A 21}-70.- 74. 0. 4/ i 7 s„. 1174.4.;174. SI Or 32 15 .• 53 /4 $4 /3 55 a 54 1/ J7 40 48 7 .ff 0 4.4 7 a 4 44 x 6.1 : 4 3 Z . 45 2 • I 44 /00 /00 37 33 31 40 10 44 48 MARGUER/TE 47 44 50 S/ 53 15 57 60 6/ 60 1/ 43 64 48 64 67 CO 74 77 70 3 Z IS .4 ii" • .0 .e. 313ir •••• , 33, 4 01 32 3/ I 1 34 25 I 1 25 27 t''' 74 ZS .2., t3 V 22 7/Z4 e• if AI -f .... 9 54 53,54 /7 ...----.' a 74 /3 ...--, AZ // ...,1 /0 1 7 1 ja 7 / 6 $ , 1 4 .72 /4 _ . 4, 4 e'l 1,, 2•0 ' .1, 44 / ,. I 4., :37 4. cr e 4 35 iel 35 10 , fpw 4. t 11 17 0 0 . i / 43 44 C ..., 15 44 3 47 45 ,, 3 I a 177 f .87 1 3 52 .1 3.3 _ ' I4 57 • v ear ,,, /* .11 60 .1 / e., 67 / 43 r 68 6866 67 / 4+7. It 1 1 I . V „,...,"..1.... A 21}-70.- 74. 0. ..."... 44 .... 34,35,34 .... - .r' - - , ... - 33 32 - - - , ..." 2/ .." Zer 17 ,' 24 25 .,' 24 23 ZZ 2, to If le I g '41E_ I •.4 /SI Ai 47 , a ... ,,, • a er7 7 ...1 5 7651 ------ 7 G --- 5 4 _ .. 3..$...4. 4 ,r .,. .e1 37 a* 37 *ext. 1 / ...-5 31 44 4/ 42 43 44 , reil 45 It / , 41 45 ' " 30 48 42 • .17 57 54 33 at 1 57 SO .....", $7 4.0 47 44 CS 64 I GS 44 I 67 4.• . CO 47 Z --..... •-••• 70 7/ 2. ... 72 2 37 « tr 3. 38 i 31 t 4/ 05 & 34 .7'1 35 84' /4 33 36 31 34 r 44 771117 ,..-r 24 25 ...4 24 23 22 r 20 et 41 I g '41E_ I •.4 /SI a 1. 7.4 .1 Qv,/ 77 77 4 y / /0 .4---..-- 8 0 ------ 7 G --- 5 4 -,.- •• - .1. z sr 2'.." i .e1 37 a* 34 1 / ...-5 31 44 4/ 11 1 43 44 0 l ,"5 45 46 -,, 47 a _ ...-----'1 44 50 35 ...' ,„..7 32 / 13 54 0 5 • 4 09 ,., 1 7 , 43 - ? ,,5 4, 42 ,s.... / *., 4761 r 4,.." a 47 a e •,. Cr 70 5 44 72 P.. 34 35 ,1 ..... V 34 33 ?fl 7 32 38 e so 27 08 8716 If 61 76 5'1 47 1.1 4 47 40 17 IS /7 , /6 15 Att.,/ 44 /1 ta. I .4,..- et. 45 /7 a 0.7”,0 7 /' 4 57 7 4 5 ef 4 3 2 82 4 4 37 i • 75 .38 37 48 - 370 41 44 C C 45 rr-h „..._.„.. 46 4, 43 4, " -.-............... 46 7/ -*1 52 12 340 73 54 -12- a 1 SC I 1 $7 45 1 j 58 0.0 1-1 4.1 ,...4 Gt 4368 , GS l I , .,” CC 47 46 ., le. .4 / 1 teal r Of Pei 71,, • 7/ 72 , ...-• 2 fr AVE T 31 05 30 20 34 If 1$. Rt. 17 171 43 24 7: Z374 27 28 3 ..< -88-7Itz .74 •. • • _•-- J7 (b. tki 9/97 7 52812• , I. 7100 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2011DCV-1453-E; Nueces County vs. Keatas Ewers 1390-0003-0260; Lot 26, Block 3, Carver Addition 2801 Guadalupe St. - Corpus Christi January 3, 2017 18,667.18 12,500.00 2,176.50 48,640.00 66.96% 25.70% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,411.70 1,789.57 City of Corpus Christi 4,063.13 2,131.27 Corpus Christi Independent School District 8,607.60 4,515.02 Del Mar College 1,758.11 922.20 City Paving & Demo Liens 826.64 965.44 A SINGLE STORY WOOD FRAME HOUSE ON A 42 FTX 94 FT LOT, LOCATED A HALF BLOCK EAST OF ROSE SHAW ELEMENTARY SCHOOL. THE HOUSE IS IN VERY POOR CONDITION AND REQUIRES A COMPLETE RENOVATION THROUGHOUT TO MAKE IT HABITABLE THE PROSPECTIVE PURCHASER IS JOEL TIENDA OF ROBSTOWN, TEXAS 2185 .t/ 14 U-80 • • PATRICK 513 OS GARDENS SC HbOL TR. 6459 - LOT 20 A 6/0.47/2.0 334:4:5 cE DUNBAR S7: .,1 140 12 /10 140 13 a , . 11 . • . 14 • ji • II 10 . . 12 . 19 . ' .32 31 '16 . • 28 4). • . .* .J7 24 23 9 * ,22 18' ... . 19 ... • I, 6 ... 7 . • 24 14 15 - x 18 19 3 .- 4::.) . . N.1 2240 41 2 • 23 4i 3 1. . 24 ft'. v. 29 4 /40 4.3 /30 30 tAR L TON l's 14 13 • 12 11 /0 9 8 7 6 5 1 3 2 /40 40.1 47.4 /10 - 16 Z' a , . 14 17 ..4 II 113 . • . . 10 12 . 19 . ' .32 31 11 20 28 - 10 11 21: 24 23 9 * ,22 20 19 /8 • I, . ... 7 . • 24 14 15 - /7- 18 19 5 ' :26 • 22 • 4 . 27 • 3 * * 2t3 . 0 2 29 4 . 4.3 / 30 1 /40 140 .., tAR L TON l's 14 13 • 12 11 /0 9 8 7 6 5 1 3 2 /40 40.1 47.4 . . . II . . 10 444 41.1 .32 31 30 29 28 27 26 25 24 23 22 21 20 19 /8 17. . ... . . 14 15 - /7- 18 19 20 2/ 22 44.c.rew P.4.cir 4.1.-1 . (\.... . . . 0 0 . • 4.3 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i! Jiff 17.4 4tA 20 I . 23 . 25 26 27 28 • • 47.4 41./ GUA D ALUPE ST. 0.4 07.4 . - . II . . 10 41.4 4a1 32 31 30 29 28 27 459EP24 25 24 23 22 21 20 /9 /8 /7' /5 ... ......... t. 14 15 - /7- 18 19 20 2/ 22 44.c.rew P.4.cir 4.1.-1 . (\.... . - ..."'"1::::) 0 0 . • 4.3 • ...i. 1 / 2 3 45 6 7 8 9 /0 11 12 13 14 15 161 01 4tA 20 I 22 23 24 25 26 27 28 • • .154 4t4 414 • NO.G ALES ST. • 45.1 45,4 . - . II . . 10 47.4 471 32 3/ 5 290:28 3 27 459EP24 7 6 2.3 22 21 20 /9 18 17, A. /5 ... 12 t. 14 15 - /7- 18 19 20 2/ 22 44.c.rew P.4.cir 4.1.-1 . (\.... . - 0 0 . • 4.3 • ...i. 1 2 3 (....) 4 5 -7 8- 9 /0 11 12 13 14 15 ' 16;•: is... 444. 19 20 21 22 23 24 25 26 27 28 . • .154 .cv SQL EDAD S Jf." 44 - . II . . SIII k 10 9 8 7 6 5 4 3 2 1 n A 7 6 5 4 3 2 1' z 74 /5 ... 12 13 14 15 /6 /7- 18 19 20 2/ 22 44.c.rew P.4.cir 4.1.-1 • 44 (\.... 4.1 - 0 44au, 4.3 ROG ERS 41.4 4) - . 43 J) 44 /5 14 13 12 /1 1 7 6 5 4 3 2 1' z 74 /5 14 13 .12 -1 1 i 9 --9 8 7 6 5 4 .3. 2 1 , 4.1 0 4.3 44 1( /7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32z 4'1J J3 43 44 -cE KITCHENS 4.4 45 (44-.) • 43 44 .../6 /5 14 13 12 /1 10 *ID: 7 6 5 4 3 2 1' z 74 4j1 15 4.3 44 17 /8 19 9 0 • 21 22 0: 24 25 ss> Ct26 27 -- 4 2 k.D .30 1L4 s7.4 26 1 25 24 2.3 av 22 D QC21 Ud2t9 --; , 15 14 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-1690-B; Nueces County vs. Ruby Mitchell 0742-0000-0095; Lot 9-E, Blake Addition 750 Mohawk St. - Corpus Christi February 7, 2017 15,670.74 4,000.00 1,732.50 23,089.00 25.53% 17.32% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,264.05 274.53 City of Corpus Christi 2,751.60 333.65 Corpus Christi Independent School District 5,784.18 701.39 Del Mar College 1,181.46 143.26 City Paving & Demo Liens 3,689.45 814.67 A SINGLE STORY WOOD FRAME HOUSE ON A 66 FTX 122 FT LOT, LOCATED 3 BLOCKS NORTHEAST OF ROSE SHAW ELEMENTARY SCHOOL. THE HOUSE IS IN EXTREMELY POOR CONDITION, WITH A BIG HOLE IN THE ROOF, AND NEEDS COMPLETE RENOVATION THROUGHOUT TO BE THE PROSPECTIVE PURCHASER IS MANUEL GONZALEZ OF CORPUS CHRISTI 2189 G /soot , of A V 35Cptt ,s, y1j7 5 ,9 sP ,55 -boo? U-74 -/2 17 Ns 6A QUI# / GB "..60 6E ,!t 14 $ 0 7A 0. 7 , 1.`W. 11 jE4 ' 118 7cite,: 1 15 7B oto a"280 t{?jJ8E4, " 8B 4. 1e, 1154-rMi NS514 135.,s �1 11/!53 Cera' '9L a ,43 ,Jo ,9A' k,90 9Dae ; 9,159A -95 i, 9 91 Z Q�,10tD 5 1,10 10�A full { v A05 IO -E .10, ,s,c9 0 ,• 7 -"45 ..- 0 '5" €P N,.o 30Acr,0501 ttl, r Rb3OB ,V N3.a �uD ls„fFerK 41°27A4"I /45.8 ;1,6fr 26A 0 PO./s lg 4\0125C1410 , 25D, 145.15 '524 G f 145.15. 4 2419 24 D ►{ ge4I o 9.3o 20A 1�PG 1,a4,oer) ,YPr !4' ll5/5 11.5 /2C rust i o 35 A 0 ,\3.21 NI/1rl '4 /3 Bor�1,5 i \,41 12 p l 13F; 13,40..14,.11,;* Nl.LS 141.45 kik � 145.27' If 1480/10 0 /4A 1.f 1452. 12:, (a 0150' 1 ,lo 1,A55 /5ctlaA /ISn /5 `h0 /5 A top15 E rl/s /15-4 ,ILP 16D( 011 I /11.,5 3 ,1 90 �1 4,1016A e ;1dirGB �\ ,t/o1 f 6Cl a.,t 29 13 28 r4 Q' 27 /5 �r O25 17 'U\� 24 16 23 t�< 19A !CS 198 23A 19 23 22 21 d5 21A AZTEC s „s Q. 47.5 Ny l 12 K P 2 R. 3 4 10 Q O 7 S1/MlT 5 9 s8u a 6 td 7 ,49. !Id /70 w 8Ceo eat 177 .81 /03 x t ST. X H2 $ ios 11 10 3t 7-3 9 h /u! i (>) 8 *d0 so 7C ,10�, 15 .l 8 7A 15 /L3 /95.5 'VP" 1 8A,$lo /70 /B1 0 6 /O. 5. 0,y 0.Q,9 TY' 0 OA -;1 loc, 1, U-79 NUECES COUNTY U \ 80 >r 9021¢ e 1'. 100 U�76 PP L DISTRICT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-6241-A; Nueces County vs. Manuel L. Rodriguez 2277-0001-0090; Lot 9, Block 1, El Rey Addition 3026 Sabinas St. - Corpus Christi March 7, 2017 14,048.04 1,750.00 1,430.50 7,000.00 12.46% 25.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 809.61 18.41 City of Corpus Christi 998.21 22.70 Corpus Christi Independent School District 2,100.33 47.77 Del Mar College 422.88 9.62 City Paving & Demo Liens 9,717.01 221.00 A VACANT RESIDENTIAL LOT, 40 FTX 140 FT, LOCATED 2 BLOCKS NORTHEAST OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2196 1411 4 /2 . . • 1411 13 14 g "ar /5 16 4447 17 1,444 • • /IL • • u-80 • ct‘ PATRIC!? 5 20 4 21.0 . 3 • 44 AV 22 2 ?-3 Av.*" x 0 24 44. GARDENS SCHOOL TR. 6459— f�/1 .531:4J • • DUNBAR .97: :-. itg l''; ' boo 13 7..., 11 . • •14 A 17 10 4—•—• 13 -- . 15* • 20 . 9. ..;:c. .16 . • t 1 441 2 14.4 - • ../7 - . 6 : /8 - 9 11 kJ is i9.0. 2° . 14 -,...._ ,..k k t. .., 1 .2> 4 2 2 • .3 .. 22, 7 . 2 • -23 41 . AC, 1 • 24 An • sh 25 • 141 5 LLI ZOO :-. itg 414 3/ . • 16.'" 7..., 5.1. 14 26 25 0 17 .. 2 4—•—• 13 -- 41 20 . 18. • • A t 1 441 2 14.4 3 4 5 . 6 . 7 8 • 9 11 kJ 12 • 2° . 14 15 444 16%) 44/ k 'T.7,..1;SW.!0:41h ..• ' . 2 2 • . 7 . . • 24 2 6 s 5 25 • * 5 LLI 9 10 11 12 - 4 /4 : 27 . 3 18 • • 28 2/ Z 2 zAwscw .454 29 4 ti 1 444 . /40 1 TARLTON • ST • 14 13 • 12 11 10 6 fr. 4PS gE, 44.14, 17 18 • 29 21 2.3* 25 5 4 - 27 3 2 za 29 30 4.144.4 444 ••32 -4. ... 414 3/ . .30 29 . • 28 27 26 25 0 24 23 22 41 20 . 19 . 414 18 44.4 17 t 1 441 2 14.4 3 4 5 . 6 . 7 8 • 9 10 11 12 • /3 . 14 15 444 16%) 44/ GUADALUPE ST. 44,4 1(32 At,/ 51 30 29 28 27 26 25 24 7 22 21 20 19 4,, 18 4C1 17, .3Z 1 414 2 414 30 4 ,..„._5• 1 21 .6 7 i N® 8 9 10 /1 12 13 14 /5 t/A /61 :AO -NOGALES S • 44.1 414 . . 13 11-1 .,•. . 9 -- 0 8 7 44 . . 10 414 41.1 :132 3/ 30 2928 21 27 a515..... 24 24 23 22 21 20 19 18 171:, k .•'` • .1. 41 i) 1 2 3 4 5 6 -7 8* 9 10 11 12 /3 /4 15 ' 16‘;" 44.1 114 18 /9 2) 2/ 22 zAwscw .454 . 114 ACV SOL EDAD S 414 44 14 . 13 11-1 .12 . 9 -- 0 8 7 44 . 'III 10 9 8 7 6 5 4 21 2 1 11 24 k 26 27 . 29 29 — 30 31 41 .32 .44 k .1. 41 ... A if 1.2 i-3 14 /5 /6 (7. 18 /9 2) 2/ 22 zAwscw .454 • 41 11:0 OGERS 414 Iii6 4'1 15 14 . 13 11-1 .12 11.10-^1 \ i9 9 -- 0 8 7 6 5 • 4 3. 4.1 2 40 1 .. 4 4.. t /7 is.* 18 A, 19 20 21 22 23 24 25 26 27 . 29 29 — 30 31 41 .32 .44 '`‹ KITCHENS 455 40 ' k:'....) •.44 44 -..16 15 14 43 12 11 10 •0: 7 6 5 4 3 2 / 0 0 is. 41 if 44 U- ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-0770-B; Nueces County vs Moises Salas Jr 1492-0001-0250; Lot 25, Block 1, Central Park Unit 1 4606 Mokry Dr. - Corpus Christi May 2,2017 27,776.04 3,500.00 2,815.50 9,038.00 12.60% 38.73% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,366.03 25.82 City of Corpus Christi 1,658.51 31.35 Corpus Christi Independent School District 3,348.83 63.30 Del Mar College 735.33 13.90 City Paving & Demo Liens 20,667.34 550.13 A VACANT RESIDENTIAL LOT, 60 FTX 120 FT, LOCATED 1 BLOCK WEST OF GOLLIHAR RD., BETWEEN CARROLL LN. AND WEBER RD. THE PROSPECTIVE PURCHASER IS MANUEL GONZALES OF CORPUS CHRISTI 2202 U115 .3 4 s 7 8 9 10 8 10/89 •IYiVRtiIlh o N 19 - 60.23 20 ' 27 22 23 24 ill 25 24 27 /�. 28 9 29 8 30 7 `i ••y .31 G tq 32 .. .5 ..• ».t 33 4 ... 34 .. 3 G0.20 r 9-5 cats 2 to+ 3O. '..sso' C 34 ?0. 1 a - 0 113 0 - �' 17 IG 13 ... 14 •..• 19 e. • 12 •..r. it i• •; to .s A .1,,,, So• 40.2S '0 KOSAREK DR. (.1- so" 00.23' m0 19 10, 20 n o .» 7 0' 0.0.25 b 0 0 18 N 17 21 22 23 24 25 20. 27 28 29 3o 31 32 33 34 00.25 0 3SC 34.0 0 0026 10 t5 14 13 12 11 10 9 8 7 G s 4 3 Go.25 '0 i n 50 MOKRY 50• 1- 19 0 g8 a 4025' 20 40-14 0 18 - 17 21 22 23 24 e 30. 40.25 18 15 I4 \18 70• 13 LANE 14 4.•e73q•{. 14 20 .21 ZG Moots 27 28 29 30 t! i • 31 32 DR. 33 34 40.21` 330 0 00.21 3b' ^'C 34%0 12 11 70 011•• '• 11r 4-.. zz ANTHONY 12. 19 20 •Io • 21 23 70 10 7.L 21R 47 07 2 8 7 •. 7 • G .5' .3 2 1 Go.25 '�•o� 40 40 91 G>• Jyo9o� 40 40' „'1, 0 2 1 71.09 25 PLA 77 2.6 T i1 2.7 67' 28 22 30 67 h2 31 RE PL. 72 40.62 4 70- 22. • .•e • 23 820 496 Sr. 80 80 72: 7 21 00' 2s 8o' 72 ST U 117 LOT 1 6.074 At. 4597-0-10 3oUT4S70E You Z 27 20 14 / 62,7t .27 31Jay 72' 62 t.OT 2 6.204 'lc. 4597-0-20 FOoT.3/•LL L CAGc7 E. NUECES COUNTY APPRAISAL DISTRICT GOLLIHAR 40 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-3284-B; Nueces County vs. Marcio Peralez, Jr 1579-0002-0220; Lot 22, Block 2, Christi Park #3 4502 Townsend St. - Corpus Christi May 2, 2017 19,093.94 10,000.00 3,009.50 47,431.00 52.37% 21.08% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,187.98 1,167.15 City of Corpus Christi 3,900.62 1,428.06 Corpus Christi Independent School District 8,216.06 3,007.99 Del Mar College 1,673.70 612.76 City Paving & Demo Liens 2,115.58 774.54 A SINGLE STORY WOOD FRAME HOUSE AND DETACHED REAR GARAGE ON A 67 FTX 140 FT LOT AT THE CORNER OF TOWNSEND ST. AND GOLLIHAR RD. THE HOUSE AND GARAGE ARE BOTH IN VERY POOR CONDITION AND NEED COMPLETE RENOVATION THROUGHOUT TO MAKE HABITABLE. THE PROSPECTIVE PURCHASER IS BOTIA, LLC OF CORPUS CHRISTI, TX 2204 :00.5 1- 80.5 5. 0 2 o a 24 -R '• Z 55 1 24 y 55 5 It /,, IS 1121 ,1 it $s 30 2 - FRANKLIN 7 7 60 0 to $ 44 1 li JM ti 1! ID} F EVELYN 11111111°1111 1111111 40.5 8539 c, 40.5 40.s 60-5 40 t- 0 z MPT 60 00 3 Io HELEN 7 21- So 2 5 22. 27 ZO 51 /8 50 4.5 9 10 BROOKDALE 10 25 2. 2. 2.5 20 5. 0 14.,‘ 4734 7 07.7.• 75.30 So 15 GREEN GROVE 14 itt tL 4 t3 $ s/ 1 12 54 54 12.74 Ysi 51 9/ PLAd& t4•81`"r. . . e• -x nr't lo r • 3780- 0 - 20 a 1.07. • -a 00 E. T. 7 • 10-A 51,4 10.11 t.:„. • hill 11111 11111 LLI 1- 0 0 13 s'cc /o SI 12 5/ 2. 1***, 13 11- .• 15 8 /6 7 D R. '7 /6 •• s, CHURCH /7 2of 15 0 •o• 8539-3:i9 CHURCH 4- 3 /050 1- ,4° ;) /5 9' ,5I 43.11 224 1 Z. 55 .555. 5150 ;. 5 11.22. 51.08 5.z41 78.2 9 r Va 0 .5 4 '53' • .044 0 0 7.1-11 al .52.1a ToWN5END 1579- 4 .050. 426, 0 5 ‘?.. 8 /0 -U 114 95 tr. I I 13 /5 DR. 5 /8 5. DR. .13 15 /4 15 5. ,r. Se : **. ‚4 /7 /0 8 17 18 : ST: r•-! ,a • CC 'S 30 5.2A U, (t) 544.1.7 P598.0.?:„..L.:210 cc 4 - G27074:110 5 111•SO 0 20 0. 10. 59 : NUECES COUNTY APPRAISAL DISTRICT ID 0*. 11 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-4690-G; Nueces County vs. Joel Rodriguez 4260-0012-0030; Lot 3, Block 12, Lawndale Subdivision 1222 Maryland Dr. - Corpus Christi May 2, 2017 18,990.91 10,000.00 1,898.50 49,497.00 52.66% 20.20% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,943.65 1,255.76 City of Corpus Christi 3,825.99 1,632.16 Corpus Christi Independent School District 7,390.07 3,152.60 Del Mar College 1,660.02 708.16 City Paving & Demo Liens 3,171.18 1,352.82 A SINGLE STORY WOOD FRAME HOUSE ON A 65 FTX 117 FT LOT, LOCATED NEAR THE INTERSECTION OF KOSTORYZ RD. AND S. STAPLES ST. THE HOUSE HAS A LOT OF WATER DAMAGE AND WAS GUTTED OUT TO THE WALL STUDS BY THE PRIOR OWNER BUT NEVER REPAIRED. THE PROSPECTIVE PURCHASER IS BOTIA, LLC OF CORPUS CHRISTI, TX 2205 U -53 -A U -53-B 7 1,0 I.+ /O V /3 r 2 1" 14 .4 4 It, ST. /at 45 24 /6,.64 23 3 22 4 21 Iii III 20 I! /s 8 '11 11 11 /8 17 /6 15 14 13 t /aG.S 3j U -85 -A ORLANDO D R. NUECES COUNTY APPRAI AL DISTRIC C.) 0 cc N a 0 (1) 0 62 Scalc I U-87 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 09-4881-C; Nueces County vs. Sylvia Macias 4042-0001-0010 & 4042-0001-0020; Lots 1 and 2, Block A, La Bahia Addition 3009-3013 Highland Ave. - Corpus Christi June 6, 2017 34,413A4 15,999.00 2,577.50 58,375.00 46.49% 27.41% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 6,536.79 2,549.40 City of Corpus Christi 7,863.25 3,066.73 Corpus Christi Independent School District 16,616.58 6,480.59 Del Mar College 3,396.82 1,324.79 A 2,200 SQ FT CONCRETE BLOCK BUILDING, FORMERLY A NIGHTCLUB, AND THE REMAINS OF A FIRE DAMAGED DUPLEX, ON A 12,667 SQ FT LOT. THIS IS A COMMERCIAL PROPERTY, LOCATED 5 BLOCKS NORTHWEST OF THE INTERSECTION OF PORT AVE. AND MORGAN AVE. THE PROSPECTIVE PURCHASER IS ERF REAL ESTATE, INC. OF CORPUS CHRISTI, TX. 2206 U701 .0: 12 /4 y v 14 11 13. 10 1G 17 /4 10 S 21 22 f .1 •0 M 2 0y 1f RUTH ST. did 5 17r / /0 1 3 03 pS 50 13 d • 2e 0 9 3 17 /0 .7G 13. /4 1=zic 42; y .71 34 13 t b 11.11 0 ;20 J3 45.14 41.1 4 41.10 0 170 r•" (1) fQ Y J .10 74 QEPLAT -,10 -12 '4'11° BU FOR D LIE EMI 10 14 4 MEM EZIONIONIENI ®23111111111111211 tc ®® ff .L7 2/ 111511111111 20 111311111111/111 11211111 ®i `i�ai 3.1 14 aD 0:: w 40 .5C 43 u INEZ mazyMaral 40 /3 11111111111® 1t 1. F0 41. 14.3. 44 `•{ 47.03. n 1 11 3 7 14.3 11 MORGAN AVE. 1 U75 /I3 31.3 i'. E -60 —G _4, 0 -77 5 111.. • J1.4 - 120 12. 5324-3- �-C R 1 Q11 c� - 15 703. 75 r 76 r //3r ST. e CM gm 1121 MI MN MEM ® /1 111111111 33MICE 3 L9 J ®® ®1111111C1111 11111110111 34 WERE CO U BRUCE ST. 7 C 1 J t i 1 SIXORA OD Y ' Loy Z Q m. tis 803 4 - 0 r 335 . SIORA ADDIT/OAI 'VC4c LoT . 333 .14 3A a. ss O TYRE MUSSETT !Yr -'p7 0 3;47AC . 5468-0-540 Divi.rio,, Office j 7`c n//:3.A ✓ey Dceyf 4 /95 U57 TRACT ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2013DCV-5121-D; Nueces County vs. Enriqueta Rodriguez 2800-0001-0050; Lot 5, Block 'A', George's Place 2922 Lois Dr. - Corpus Christi September 5, 2017 18,901.76 4,000.00 2,966.50 19,974.00 21.16% 20.03% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 2,929.47 160.18 City of Corpus Christi 3,058.63 167.24 Tuloso Midway Independent School District 7,064.26 386.25 Del Mar College 1,290.35 70.55 City Paving & Demo Liens 4,559.05 249.28 A VACANT RESIDENTIAL LOT, 50 FTX 149 FT, LOCATED 2 BLOCKS EAST OF THE INTERSECTION OF LEOPARD ST AND MC KENZIE RD. IN TULOSO MIDWAY ISD. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI. 2215 3 • 341 1' It 5.3 3 0234 G V 1 >- 19 18 149.24. 4 1) 13.8 11.1.2 8 8 a tj Q 18 I Ib 1 1 17 1i S'4f 1 Pio 9 1,74 10 ywY VILLAGE NO g / GOT / 3418- Of Bu+iai�7,1^ t 1� tit �1 3415- - 415-- 4 -1020•+ f — 'I J► ai it . L. - 4 81000 t` r).1. 01.4 as. 35.211., 26.3-138-1130 33 31 70 7.! 83416- id Ordinance authorizing the resale of 6 properties for $55,999.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,623.22 plus $4,457.60 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 6 properties listed on the attached and incorpo-rated Exhibit A for $55,999.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $8,623.22 plus $4,457.60 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED this the day of , 2017 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of November 14, 2017 Second Reading for the City Council Meeting of December 12, 2017 DATE: November 1, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 CAPTION: Appropriating from Fund Balance, accepting a grant from FEMA and Amending the FY2017-2018 Operating Budget Ordinance appropriating $5,000,000 from the fund balance for major contingencies in the No. 1020 General Fund for Hurricane Harvey debris removal and related activities; authorizing the City Manager, or designee, to execute all documents necessary to accept a partial grant from the Federal Emergency Management Agency for hurricane disaster assistance in the amount of $4,069,836.99 and appropriating in the No. 1020 General Fund; and amending the FY2017-2018 Operating Budget adopted by Ordinance No. 031255 to increase revenues by $4,069,836.99 and appropriations by $9,069,836.99. PURPOSE: The purpose of this agenda item is to appropriate from the fund balance for major contingencies, to accept a grant from FEMA and to amend the FY2018 Operating Budget. BACKGROUND AND FINDINGS: On July 30, 2013, City Council awarded a contingency service agreement to CrowderGulf, LLC., of Theodore, Alabama, to provide hurricane disaster recovery operation services in accordance with Bid Invitation No. BI -0167-13. On August 25, 2011, the City entered into a contractual agreement with Science Applications International Corporation (SAIC) to provide professional planning and consulting services in accordance with the Houston -Galveston Area Council (H -GAC) Invitation to Bid No. EN06-10. On September 30, 2013 SAIC changed names to Leidos and on August 23, 2014, Tetra Tech, Inc. acquired the assets of Leidos, Inc. The estimated Hurricane Harvey expenditures under these contingency agreements are currently anticipated to be approximately $9 million, and invoices are coming due. ALTERNATIVES: 1. Authorize agenda item as presented. (Recommended) 2. Do not authorize agenda item as presented. (Not Recommended) OTHER CONSIDERATIONS: Funding will be provided from the General Fund balance for major contingencies, and the City anticipates a 92% reimbursement from FEMA at a later date. The General Fund Balance is projected to be approximately $52,000,000, of which $40,710,557 is Reserved per financial policy. CONFORMITY TO CITY POLICY: Conforms to the City of Corpus Christi Charter and Code of Ordinances. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Operations Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2017-2018 Current Year Future Years TOTALS Budget 0 0 Encumbered / Expended Amount 0 0 This item 9,069,836.99 9,069,836.99 Future Anticipated Expenditures This Project 0 0 BALANCE 9,069,836.99 9,069,836.99 Fund(s): 1020 General Fund Comments: N/A RECOMMENDATION: City staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $5,000,000 from the fund balance for major contingencies in the No. 1020 General Fund for Hurricane Harvey debris removal and related activities; authorizing the City Manager, or designee, to execute all documents necessary to accept a partial grant from the Federal Emergency Management Agency for hurricane disaster assistance in the amount of $4,069,836.99 and appropriating in the No. 1020 General Fund; and amending the FY2017-2018 Operating Budget adopted by Ordinance No. 031255 to increase revenues by $4,069,836.99 and appropriations by $9,069,836.99. WHEREAS, City staff have been gathering expenditure information for submission to the Federal Emergency Management Agency ("FEMA") for 92% reimbursement of expenses incurred by the City due to Hurricane Harvey, pursuant to Disaster Recovery 4332 -TX; WHEREAS, the City submitted an expedited project worksheet to FEMA on October 13, 2017, for which a partial grant of funds has been advanced by FEMA; and WHEREAS, the City has determined it necessary and prudent to appropriate additional funds for debris removal and monitoring expenses related to Hurricane Harvey until full reimbursement is received from FEMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $5,000,000 are appropriated from the fund balance for major contingencies in the No. 1020 General Fund for Hurricane Harvey debris removal and related activities. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to accept a partial grant from FEMA for hurricane disaster assistance in the amount of $4,069,836.99, and such funds are appropriated in the No. 1020 General Fund. SECTION 3. The FY2017-2018 Operating Budget adopted by Ordinance No. 031255 is amended to increase appropriations by $9,069,836.99. 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 Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED on this the day of , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 OPERATIONS Solid Waste Debris Removal Contract, Monitoring Contract and FEMA Reimbursement - Hurricane Harvey Council Presentation November 14, 2017 Multi -Hazard Disaster Debris Management Plan OPERATIONS The City of Corpus Christi Disaster Debris Management Plan (DDMP) provides key information to initiate and manage debris removal operations following a major debris -generating event. The DDMP is an Accepted Debris Management Plan by FEMA, that entitles the City to receive a one-time incentive of 2% Cost Share Increase for expenses incurred during the first 90 days of operations. Debris Recovery Contract OPERATIONS CrowderGulf was selected through an RFP Bid Invitation No. BI - 0167 -13 in 2013. CrowderGulf began brush debris collection on August 31St, 6 days after the storm made landfall. CrowderGulf has picked up an excess of 426,000 cubic yards as of day 66 for a total estimated amount $5,946,096.07. Amendment No. 1 will allow CrowderGulf to haul the debris from the temporary debris site to the Cefe Valenzuela Landfill for $236,875. CrowderGulf High Capacity Equipment NO, NI VI 4 cp OPERATIONS 4 CrowderGulf 0PE00 10NS CrowderGulf OPERATIONS _ II 6 Debris Monitoring Contract OPERATIONS Tetra Tech was selected through a Cooperative Purchasing Agreement with Houston -Galveston Area Council in August 2011. Task Order No. 1 - Monitors the debris recovery contractors, quantifies and verifies CrowderGulf volumes, completes and submits paperwork in accordance with FEMA requirements for an estimated amount of $1,570,041. • Task Order No. 2 - from Tetra Tech is $90,427 to assemble City Force Account data to assure maximum FEMA reimbursement. Tetra Tech Monitors OPERATIONS Tetra Tech Monitoring Station OPERATIONS 9 Debris Management Sites OPERATIONS To accommodate the enormous amount of debris and brush, the following two of the City -owned sites were pre -qualified by TCEQ and used: • Vacant lot across from the J.C. Elliott Transfer Station • Cefe Valenzuela Landfill Each site is monitored for compliance with environmental standards. Debris Management Site Grinding Vegetative Waste OPERATIONS 11 Mulch For Landfill Projects OPERATIONS 12 Other Challenges 0PE0A11000 Other challenges include: • Illegal dumping • Mixed Debris • Mattresses • White goods - Refrigerators', washers, dryers etc. Mixed Debris 14 Mixed Debris OPERATIONS 15 Mixed Debris OPERATIONS Mixed Debris 0PE0A110NS 17 Mixed Debris OP RATIONS 18 Mixed Debris OPEAAIIONS Wooden Fences OPERATIONS Refrigerators and Freezers 0PE00 10NS ct 24, 2017 2:34:07 PM Corpus Christi 21 Illegal Dumping Summary \,\T OPERATIONS City of Corpus Christi - Solid Waste Operations Hurricane Harvey Estimated Debris Removal Expenses Summary Debris Management Contractor - Crowder Gulf (Agenda Item 17-1375) Debris Management Monitor - Tetra Tech (Agenda Item 17-1376) Force Account - City of Corpus Christi - Employees ( Agenda Item not required) $6,182,971.07 $1,660,468.00 $1,091,213.64 Total Hurricane Harvey Estimated Debris Removal Expenses $8,934,652.71 General Fund Balance for Major Contingencies: Partial Grant from (FEMA): Total amount: General Fund and partial Grant Force Account/CrowderGulf/Tetra Tech $5,000,000.00 $4,069,836.99 $9,069,836.99 $9,069,836.99 $8,934,652.71 $135,184.28 0PE0011000 Questions? 24 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 14, 2017 Action Item for the City Council Meeting of December 12, 2017 DATE: October 30, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 CAPTION: Hurricane/Storm Disaster Recovery Services Motion ratifying a notice to proceed issued to CrowderGulf, LLC ("CrowderGulf"), of Theodore, Alabama, for services related to Hurricane Harvey, pursuant to a contingency service agreement; authorizing payment by the City Manager or designee ("City Manager") to CrowderGulf for an amount not to exceed $5,946,096.07 for debris removal; authorizing the City Manager to execute Amendment No. 1 to the agreement to include a price for mulched debris and issuance and payment of a task order for an amount not to exceed $236,875 for transportation of mulched debris for a restated fee not to exceed $6,182,971.07. PURPOSE: The purpose of this Agenda Item is to obtain authority to ratify a notice to proceed and to amend a contingency service agreement. BACKGROUND AND FINDINGS: On July 30, 2013, City Council approved a contingency service agreement with CrowderGulf for emergency debris clearing and disposal services in response to a hurricane or other disaster. The original agreement includes the cost of providing heavy duty equipment required to move large amounts of debris, work crews that will assist in the cleanup, dump trucks required to transport the debris to Temporary Debris Staging and Reduction (TDSR) sites, opening, operating and closing the TDSR sites, documenting the volume and types of debris removed from City ROWs and disposal of hazardous waste. However, the original agreement did not include transporting the debris/mulch to the Cefe F. Valenzuela Landfill. Funding will be provided from the Fund Balance for Major Contingencies in the General Fund, and the City anticipates a 92% reimbursement from Federal Emergency Management Agency (FEMA) at a later date. ALTERNATIVES: 1. Authorize a ratification to a notice to proceed and authorize execution of amendment no. 1. (Recommended) 2. Do not authorize a ratification to a notice to proceed and do not authorize execution of amendment no. 1. (Not Recommended) OTHER CONSIDERATIONS: CrowderGulf, LLC. is the disaster recovery operation services company that was selected in accordance with Bid Invitation No. BI -0167-13. CONFORMITY TO CITY POLICY: Complies with statutory requirements for procurement contracts. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2017-2018 Current Year Future Years TOTALS Budget $9,069,836.99 $9,069,836.99 Encumbered / Expended Amount 0 0 This item $6,182,971.07 $6,182,971.07 Future Anticipated Expenditures This Project $1,660,468 $1,660,468 BALANCE $1,226,397.92 $1,226,397.92 Fund(s): Comments: RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: CrowderGulf — Notice to Proceed Amendment No. 1 Amendment City of Corpus Christi Purchasing Division Date: October 25, 2017 Service Agreement #/Name: Post Hurricane/Storm Disaster Recovery Operations Services Amendment No. 1 Service Agreement Current Value: Contingency contract; by task order (RFP BI -0167-13) The City of Corpus Christi ("City") and CrowderGulf, LLC ("Contractor") entered into the above - referenced agreement ("Agreement") and now desire to mutually execute this amendment ("Amendment No. 1") in order to put into effect the modifications or revisions stated in this instrument, which, by execution below and taken together with the Agreement and all other executed amendments, if any, constitutes the entire understanding and agreement between the parties. (A) This Amendment No. 1 modifies the Agreement as follows: 1. A rate of $2.50 per cubic yard for loading and transporting mulch to final disposal within the City of Corpus Christi, based on reduced material outgoing to final disposal, is added to the fee schedule. 2. A task order for loading and transporting mulch to final disposal, at the rate set out in (A)(1) of this Amendment No. 1, is authorized in an amount up to and not exceeding $236,875. The task order is effective upon issuance of a notice to proceed signed by the Contract Administrator. The terms and conditions of the Agreement not modified or revised by this Amendment No. 1 remain in full force and effect for all intents and purposes of the parties. Upon execution, this Amendment No. 1 supplements the Agreement and is incorporated by reference into the Agreement as if fully set out in its entirety in the Agreement. Contractor City of Corpus Christi John Ramsay Date Maria Pedraza Date President & COO Procurement Manager Approved as to legal form: Assistant City Attorney for Miles Risley, City Attorney 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. CrowderGulf, LLC Theodore, AL United States Certificate Number: 2017-275234 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 10/23/2017 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. RFP BI -167-13 Post Hurricane/Storm Disaster Recovery Operations Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ramsay, Lyman M. Theodore, AL United States X Ramsay, Jr. , Lyman W. Thedore , AL United States X Ramsay-Naile , Ashley Theodore, AL United States X Ramsay, John Theodore, AL 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. Kerrie A. Noll Notary Public, Mobile County, AL My Commission Expires Sept 12, 2018 t�2 Tis Signatu of authorized aontracting business entity AFFIX NOTARY STAMP / SEAL ABOVE e Sworn o and subscribed before me, by thsaid - ,'1 (t,�`J r--6,61,1- �t17 N�'t' 1 to this Ile the %" day of O(" `-) T. 20 i , , to certify which, witness my hand and seal of office. r r !' V „ ND i r_c 1 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 ■ ilh ■ City of Corpus Christi SOLID WASTE OPERATIONS 2525 Hygeia Corpus Christi Texas 78415 Phone 361-826-1965 Fax 361-880-1971 www.cctexas.com August 24, 2017 John Ramsay 5435 Business Parkway Theodore, Al 36582 Re: NOTICE TO PROCEED — RFP BI -0167-13 HURRICAN/STORM DISASTER RECOVERY OPERATIONS Dear John, The City of Corpus is giving notice to CrowderGulf, LLC to proceed with providing Post Hurricane/Storm Disaster Recovery Operations Services as described in Request for Proposal No. BI -167-13. This letter and attached Debris Removal Contract is CrowderGulf, LLC notice to proceed. Lawrence Mikolajczyk Director of Solid Waste Operations AGENDA MEMORANDUM Future Item for the City Council Meeting of November 14, 2017 Action Item for the City Council Meeting of December 12, 2017 DATE: October 30, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 CAPTION: Disaster Debris Monitoring Services Task Orders Nos. 1 and 2 Motion ratifying a notice to proceed issued to Tetra Tech, Inc. (formerly, Science Applications International Corporation), of Maitland, Florida, for services related to Hurricane Harvey; authorizing payment by the City Manager, or designee, for Task Order No. 1 in an amount not to exceed $1,570,041 and for Task Order No. 2 in an amount not to exceed $90,427 issued pursuant to the contingency service agreement for disaster debris monitoring and recovery services for a total amount not to exceed $1,660,468; and to execute all necessary documents with Tetra Tech. PURPOSE: The purpose of this Agenda Item is to authorized payment for Task Order Nos. 1 and 2 for services associated with disaster preparedness and emergency response and recovery services to hurricane Harvey. BACKGROUND AND FINDINGS: On August 25, 2011, the City entered into a contractual agreement with Science Application International Corporation (SAIC) to provide professional planning and consulting services in accordance with the Houston -Galveston Area Council (H -GAC) Invitation to Bid No. EN06-10. On September 30, 2013, SAIC changed names to Leidos and on August 23, 2014, Tetra Tech, Inc. acquired the assets of Leidos, Inc. Task Order No. 1 is for disaster debris monitoring services, Tetra Tech will provide debris monitoring personnel who are trained in eligibility, monitor operations in accordance with the contract requirements, and provide all monitoring documents as required in the monitoring contract. Task Order No. 2 is for staff augmentation to assist the City with their Federal Emergency Management Agency (FEMA) Public Assistance. Funding will be provided from the Fund Balance for Major Contingencies in the General Fund, and the City anticipates a 92% reimbursement from FEMA at a later date. ALTERNATIVES: None OTHER CONSIDERATIONS: Tetra Tech, Inc. is the disaster debris monitoring recovery operation services company that was selected in accordance with H -GAC Invitation to Bid No. EN06-10. CONFORMITY TO CITY POLICY: This Professional Planning and Consulting Service Agreement conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2017-2018 Current Year Future Years TOTALS Budget $9,069,836.99 $9,069,836.99 Encumbered / Expended Amount 0 0 This item $1,660,468 $1,660,468 Future Anticipated Expenditures This Project $6,182,971.07 $6,182,971.07 BALANCE $1,226,397.92 $1,226,397.92 Fund(s): Comments: Funding will be provided from General Fund Reserves RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Tetra Tech — Notice to Proceed Task Order No. 1 Task Order No. 2 CITY OF CORPUS CHRISTI, TEXAS NOTICE -TO -PROCEED Effective Date: August 24, 2017 Ms. Betty Kamara Contracts Administrator Tetra Tech, Inc. 2301 Lucien Way, Suite 120 Maitland, FL 32804 Re: Notice -To -Proceed (NTP): Tropical Storm/Hurricane Harvey August 2017 Dear Ms. Kamara, The City of Corpus Christi, Texas, ("City") hereby gives Tetra Tech, Inc. a "Notice to Proceed" with mobilization of personnel to assist City staff with disaster debris monitoring and financial recovery services related to the August 2017 Tropical Storm/Hurricane Harvey. On the basis of this action, you are authorized to proceed in accordance with the terms and conditions of the Cooperative Purchasing Agreement between the City of Corpus Christi, Texas and Tetra Tech, Inc. for disaster debris management and financial recovery services, dated November 30, 2016, under the Houston -Galveston Area Council HGACBuy Cooperative Purchasing Program (RFP No. HP07-16). A task order with a detailed scope and an initial project not -to -exceed amount will be provided for review and execution. "Notice to Proceed" is hereby given and accepted by the signature below. Please contact me to coordinate efforts. I can be reached at 361.826.1972 or lawm@cctexas.com. Sinc awrence Mikolajczyk Director, Solid Waste Operations City of Corpus Christi, Texas Approved by: TETRA TECH, INC. By: Name: athan Buri el Title: Vice President/Ops Manager Date: August 25, 2017 CITY OF CORPUS CHRISTI, TEXAS TASK ORDER No. 1-CorpousChristi-2017HurricaneHarvey In accordance with the Notice -to -Proceed dated August 24, 2017 issued by the City of Corpus Christi, Texas (City) to Tetra Tech, Inc., City hereby authorizes the services to be performed for the period of performance and estimated budget set forth herein: PROJECT: Disaster Debris Monitoring Services 2017 Hurricane Harvey ESTIMATED PERIOD OF PERFORMANCE: August 24, 2017 through January 31, 2018 To the extent the period of performance is required to be extended due to reasons beyond the Tetra Tech Team's control; such unforeseen circumstances may result in an increase in the project timeline and budget. SCOPE: Tetra Tech shall provide the following services: a. Hiring, scheduling, training and managing field monitoring staff. b. Certifying contractor vehicles for debris removal using methodology and documentation practices appropriate for contract monitoring. c. Monitoring and documenting debris removal contractor operations from right of ways (ROW) and disposal sites. d. Monitoring and documenting hazardous tree removal (Leaners and Hangers — L&H) contractor operations from public ROW. e. Developing operational reports to keep the City informed of work progress. f. Review and reconciliation of debris removal contractor invoices prior to submission to the City for processing. ESTIMATED COST (not to exceed) Initial Not -to Exceed Amount: $1,570,041.00 The fee for the services will be based on the actual hours of services furnished multiplied by Tetra Tech's hourly rates plus reasonable non -labor expenses as set forth in Contract No. HGAC/HP07-13. The table below outlines the anticipated staff positions and level of effort for this assignment. Position Hourly Labor Rate Estimated # of Staff Estimated # of Hours/Day Estimated # of Days Estimated Total Field Project Manager 75.00 1 10 90 67,500.00 Operations Manager* 63.00 1 10 90 56,700.00 Health and Safety Officer 59.00 1 2 90 10,620.00 Data Manager* 59.00 1 12 75 53,100.00 Billing/Invoice Manager 49.00 1 2 75 7,350.00 GIS Operator 49.00 1 2 15 1,470.00 Field Supervisor* 46.00 3 12 90 149,040.00 Billing/Invoice Analyst 39.00 1 2 75 5,850.00 Disposal Site Monitor* 37.00 6 12 90 239,760.00 Collection Monitor* 37.00 20 12 90 799,200.00 Project Coordinator 34.00 1 12 90 36,720.00 Estimated Labor $ 1,427,310.00 Estimated Expenses*** $ 142,731.00 Estimated Total** $ 1,570,041.00 Page 1 of 1 *Includes ADMS fee. **The above estimated level of effort and associated costs are based on available information at the time the estimates were prepared and do not represent the actual cost of the project. Due to the uncertain nature of the work involved, Tetra Tech cannot guarantee that the work will be performed within the estimated amount provided above. If, during the performance of this work, it is determined additional hours, expenses and/or funding is required in order to complete the project, Tetra Tech and the City will mutually agree on a new/revised estimated cost and Tetra Tech will not proceed without written authorization from an authorized representative of the City. ***Non -labor expenses shall be invoiced as follows: 1) travel expenses including airfare and car rental shall be invoiced at cost, without mark-up; 2) lodging shall be invoiced up to the per diem rate according to the GSA rates established at www.gsa.gov; 3) meals and incidentals shall be invoiced at the GSA per diem rate (receipts are not required); 4) mileage shall be invoiced at the federally published rate; 5) field documents and other equipment/supplies shall be invoiced at cost, without markup and 6) other required non -labor expenses as may be applicable to the project and pre -approved by the City shall be invoiced at cost, without mark-up. INVOICE AND PAYMENT: Monthly Invoices -- Invoices are to be mailed/emailed to: Attn: Accounts Payable City of Corpus Christi 2525 Hygeia Street Corpus Christi, TX 78415 Payment terms are Net 30 days -- Payments are to be mailed to: Tetra Tech, Inc. PO 911642 Denver, CO 80291-1642 APPROVED BY: Tetra Tech, Inc. City of Corpus Christi, Texas Signature: !` W �r� Signature: Name: Jona n Bur:iel � Name: Title: Vice P'sident/Ops 'anager Title: City of Corpus Christi, Texas TASK ORDER No. 1-CorpusChristi-2017HurricaneHarvey Page 2 CITY OF CORPUS CHRISTI, TEXAS TASK ORDER No. 2-CorpousChristi-2017HurricaneHarvey In accordance with the Notice -to -Proceed dated , 2017 issued by the City of Corpus Christi, Texas (City) to Tetra Tech, Inc., City hereby authorizes the services to be performed for the period of performance and estimated budget set forth herein: PROJECT: FEMA Public Assistance Consulting Services 2017 Hurricane Harvey ESTIMATED PROJECT TERM: Three (3) months To the extent the estimated project term is required to be extended due to reasons beyond the Tetra Tech Team's control; such unforeseen circumstances may result in an increase in the project timeline and budget. SCOPE: The City of Corpus Christi is one of several communities within the State of Texas recently impacted by Hurricane Harvey. As a result of this disaster, the City is seeking staff from Tetra Tech to provide staff augmentation to assist the City with their FEMA Public Assistance - Category A, Debris, Force Account (FA) Documentation. As such, Tetra Tech shall provide the following services: 1. Project Listing Development and Project Formulation 1.1 Documentation Collection and Desktop Review Upon issuance of a Notice to Proceed, the City will provide Tetra Tech with its debris force account labor, equipment, material and invoice records directly related to Hurricane Harvey debris removal efforts for which the City is seeking reimbursement for via FEMA's Public Assistance program. Upon receipt of this documentation, Tetra Tech will provide one (1) staff member to work remotely and on-site to conduct a preliminary desktop review of the data to identify systematic data/information deficiencies that would impact data entry and reconciliation and the creation of force account summary records. Any identified issues or deficiencies will be reported to the City's Project Sponsor for resolution. During this task, Tetra Tech will also dedicate one (1) staff member to be onsite to collect, scan and organize the files provided by the City throughout the debris removal process. This will include a process whereby we rename, file and archive this data in accordance with disaster documentation best practices. 1.2 Data Entry and Reconciliation Upon digitization of the force account documentation, Tetra Tech will begin the process of entering and reconciling each force account records in our RecoveryTracTM database consistent with FEMA PA Force Account Summary Requirements. Should documentation issues or deficiencies be further identified during the data entry and reconciliation process, they will be reported to the City's Project Sponsor for resolution. 1.3 Complete Force Account Summary Record(s) At the completion of the data entry and reconciliation process, Tetra Tech will create a report off of the force account data input for each project for emergency work. This report will serve as the completed force account summary record by project and will quantify force account costs by category (labor, equipment, materials). The force account summary report will be submitted to the City's Project Sponsor upon completion for final review and acceptance. Deliverables: Force Account Summary Record 2. Executive Assistance The Tetra Tech team will provide executive assistance as City staff and leadership encounter overarching, complex recovery issues. Executive assistance is defined as support for broad disaster -related issues directly associated with the Stafford Act, FEMA PA, FHWA ER, and HUD CDBG-DR programs that may have an impact on one or more projects or the Parish as a whole as well as additional technical resources related to the scope of the project, state law, or federal law unrelated to the FEMA PA Program or Substantial Damage process. Page 1 of 1 The Tetra Tech PM will act as the gatekeeper for Tetra Tech involvement in such tasks and provide visibility to activities, meetings, and accomplishments in the Tetra Tech team weekly reports. Support for these activities will be tracked separately from the FEMA PA Program unless the activities specifically relate to them. ESTIMATED COST (not to exceed): Initial Not -to Exceed Amount: $90,427.00 The cost is based on Tetra Tech's current understanding of the project requirements and best estimates of level of effort required to perform the basic services and may be subject to change upon agreement between the City and Tetra Tech. The fee for the services will be based on the actual hours of services furnished multiplied by Tetra Tech's hourly rates plus reasonable non -labor expenses as set forth in Contract No. HGAC/HP07-13. The table below outlines the anticipated staff positions and level of effort for this assignment. Labor Category Hourly Rate Estimated Number of Hours Estimated Total Supervising Consultant $158.00 80 $12,640.00 Consultant I $115.00 240 $27,600.00 Administrative Assistant $44.00 960 $42,240.00 Estimated Expenses* $7,947.00 Estimated Total $90,427.00 *Non -labor expenses shall be invoiced as follows: 1) travel expenses including airfare and car rental shall be invoiced at cost, without mark-up; 2) lodging shall be invoiced up to the per diem rate according to the GSA rates established at www.gsa.gov; 3) meals and incidentals shall be invoiced at the GSA per diem rate (receipts are not required); 4) mileage shall be invoiced at the federally published rate; 5) field documents and other equipment/supplies shall be invoiced at cost, without markup and 6) other required non -labor expenses as may be applicable to the project and pre -approved by the City shall be invoiced at cost, without mark-up. ASSUMPTIONS: The scope of services and project costs shown above were developed with the following assumptions and exclusions: • Project Sponsor. The City will assign a primary point of contact to serve as project sponsor to address administrative and functional issues. • Access to Materials. Documentation pertinent to the execution of this project should be made available to Tetra Tech for review in electronic format within five business days of the request from Tetra Tech. • Access to Key Personnel. Availability of City key personnel is critical to obtaining the information required for the overall success of this project. Information presented by key personnel will be accepted as factual and no confirmation will be made. • Work Location/Meeting Space. City will provide on-site workspace during the trips schedule by Tetra Tech • Remote Assistance. Tetra Tech shall complete the majority of the documentation collection and organization remotely. • Direct Administrative Cost (DAC). Tetra Tech will track time consistent with FEMA Policy and provide the City with the support documentation to submit Tetra Tech costs for reimbursement under the DAC program. • Indirect Costs. Costs associated with general program delivery that cannot be attributed to project delivery as DAC are known as indirect project costs.. Such costs include project setup, status meetings, status reporting, accounting, and program management. These types of costs are not typically reimbursable under the FEMA Public Assistance program. To the extent possible, Tetra Tech will minimize indirect costs. City of Corpus Christi, Texas TASK ORDER No. 2-CorpusChristi-2017HurricaneHarvey Page 2 INVOICE AND PAYMENT: Monthly Invoices -- Invoices are to be mailed/emailed to: Attn: Accounts Payable City of Corpus Christi 2525 Hygeia Street Corpus Christi, TX 78415 Payment terms are Net 30 days -- Payments are to be mailed to: Tetra Tech, Inc. PO 911642 Denver, CO 80291-1642 APPROVED BY: Tetra Tech, Inc. City of Corpus Christi, Texas Signature: �ti._� F, Signature: Name: Jon Name: Title: Vice •-sident/Ops anager Title: City of Corpus Christi, Texas TASK ORDER No. 2-CorpusChristi-2017HurricaneHarvey Page 3 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: 2017-277484 Date Filed: 10/27/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tetra Tech, 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, Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. H P07-13 Hurricane Harvey - Debris Monitoring Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if there is NO Interested Party. only X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. S: nPubM F jars of Florida Sandra M Fajardo < Ex Commission 03/0 /2 FF 18688767 l� a*dam Expires 03/09/2018 Signature of author e agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Jonathan Burgiel, Vice President/Ops Manager , this the 27th day of October 20 17 , to certify which, witness my hand and seal of office. Notary Public _444614 a Sandra M. Fajardo Signature of officer ad inis ring 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 14, 2017 Action Item for the City Council Meeting of December 12, 2017 DATE: TO: November 14, 2017 Margie C. Rose, City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Traffic Signs for Street Operations Supply Agreement, a three year agreement for a total amount not to exceed $226,141.86, with an option to extend for up two additional one-year periods, and a total potential multi-year amount of $376,903.10 CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Custom Products Corporation, of Jackson, Mississippi for the purchase of traffic signs for Street Operations in response to Request for Bid (RFB) No. 1061, based on the lowest responsive, responsible bid for a total amount not to exceed $226,141.86, of which $75,380.62 is funded in FY2017-18 in the Street Fund. The term of the agreement is for three 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 $376,903.10. PURPOSE: This item is to approve a supply agreement for traffic signs. The traffic signs will be used by Street Operations throughout the city. BACKGROUND AND FINDINGS: These signs are for the traffic sign program of the City of Corpus Christi's Street Operations. The signs comply with the Departmental Material Specifications of the Texas Department of Transportation with standards set forth in the Texas Manual on Uniform Traffic Control Devices. This agreement enables the purchase of a large variety of signs and some signs will have the anti -graffiti film on both sides. Approximately 142 different types of signs (stop signs, yield signs, one-way signs, speed limit signs), will be used to replace signs that are aged, defaced, missing, and of substandard engineering grade. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received six responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Custom Products Corporation. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $240,712.00 $301,522.48 $542,234.48 Encumbered / Expended Amount $81,868.16 $0.00 $81,868.16 This item $75,380.62 $301,522.48 $376,903.10 BALANCE $83,463.22 $0.00 $83,463.22 Fund(s): Street Fund Comments: The initial contract term total is $226,141.86, of which $75,380.62 is funded in FY2017- 18. The total estimated contract value will be $376,903.10 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: CYNTHIA PEREZ BID TABULATION RFB 1061 TRAFFIC SIGP STREET DEPARTMENT ITEM DESCRIPTION UNIT QTY Custom Products Newman Signs Osburn Tapco Trantex Vulcan Jackson, MS Jamestown, ND Logan, OH Brown Deer, WI Houston, TX Foley, AL UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 STOP sign 30"x30" EA 450 $37.26 $16,767.00 $47.11 $21,199.50 48.63 21883.50 65.82 29619.00 95.00 42750.00 40.56 18252.00 2 STOP sign 36"x36" EA 8 $53.68 $429.44 $71.23 $570.56 75.87 606.96 100.60 804.80 136.80 1094.40 58.48 467.84 3 YIELD sign 36"x36" EA 30 $39.98 $1,199.40 $35.82 $1,074.60 35.01 1050.30 90.67 2720.10 136.80 4104.00 27.72 831.60 4 YIELD sign 48"x48" EA 8 $80.40 $643.20 $64.58 $516.64 67.44 539.52 185.11 1480.88 243.20 1945.60 43.19 345.52 5 ALL WAY sign 18"x6" EA 40 $6.07 $242.80 $11.82 $472.80 5.84 233.60 34.86 1394.40 11.41 456.40 5.46 218.40 6 YIELD HERE TO PEDS sign 36''536" EA 3 $53.68 $161.04 $71.46 $214.38 75.87 227.61 122.58 367.40 136.80 410.40 75.15 225.45 7 YIELD HERE TO PEDS sign 36"x48" EA 3 $72.02 $216.06 $92.33 $276.99 101.16 303.48 156.55 469.65 182.40 547.20 100.93 302.79 8 IN STREET PED CROSSING sign 12"x36" Yellow EA 3 $38.00 $114.00 $50.62 $151.86 23.34 70.02 45.87 137.61 45.60 136.80 27.00 81.00 9 IN STREET PED CROSSING sign (R1-6) 12"x36" Yellow -Green EA 3 $38.00 $114.00 $50.62 $151.86 26.82 80.46 45.87 137.61 45.60 136.80 27.00 81.00 10 IN STREET PED CROSSING sign (R1 -6a) 12"x36" Yellow -Green EA 3 $38.00 $114.00 $50.62 $151.86 23.34 70.02 45.87 137.61 45.60 136.80 27.00 81.00 11 IN STREET PED CROSSING sign (R1 -6b) 12"x36" Yellow -Green EA 3 $38.00 $114.00 $50.62 $151.86 26.82 80.46 45.87 137.61 45.60 136.80 27.00 81.00 12 IN STREET PED CROSSING sign (R1 -6c) 12"x36" Yellow -Green EA 8 $38.00 $304.00 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 27.00 216.00 13 SPEED LIMIT 20 sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 14 SPEED LIMIT 25 sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 15 SPEED LIMIT 30 sign 24"x30" EA 100 $29.80 $2,980.00 $38.70 $3,870.00 38.90 3890.00 55.68 5568.00 46.00 7600.00 32.80 3280.00 16 SPEED LIMIT 35 sign 24"x30" EA 100 $29.80 $2,980.00 $38.70 $3,870.00 38.90 3890.00 55.68 5568.00 76.00 7600.00 32.80 3280.00 17 SPEED LIMIT 40 sign 24"x30" EA 40 $29.80 $1,192.00 $38.70 $1,548.00 38.90 1556.00 56.72 2268.80 76.00 3040.00 32.80 1312.00 18 SPEED LIMIT 45 sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 19 SPEED LIMIT 50 sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 20 SPEED LIMIT 20 sign 30"x36" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 21 SPEED LIMIT 25 sign 30"x36" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 22 SPEED LIMIT 30 sign 30"x36" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 23 SPEED LIMIT 35 sign 30"X36" EA 8 $44.71 $357.68 $59.75 $478.00 58.35 466.80 95.73 765.84 114.00 912.00 49.20 393.60 24 SPEED LIMIT 40 sign 30"x36" EA 8 $44.71 $357.68 $59.75 $478.00 58.35 466.80 95.73 765.84 114.00 912.00 49.20 393.60 25 SPEED LIMIT 45 sign 30"x36" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 26 SPEED LIMIT 50 sign 30"x36" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 27 REDUCE SPEED AHEAD sign 24"x30" EA 3 $29.80 $89.40 $38.70 $116.10 38.90 116.70 69.09 207.27 76.00 228.00 32.80 98.40 28 REDUCE SPEED AHEAD sign 24"x30" EA 3 $44.71 $134.13 $59.75 $179.25 58.35 175.05 104.81 314.43 114.00 342.00 55.20 165.60 29 NO RIGHT TURN SYMBOL sign 24"x24" EA 25 $24.06 $601.50 $33.22 $830.50 31.12 778.00 47.80 1195.00 60.80 1520.00 26.66 666.50 30 NO LEFT TURN SYMBOL sign 24"x24" EA 25 $24.06 $601.50 $33.22 $830.50 31.12 778.00 47.80 1195.00 60.80 1520.00 26.66 666.50 31 NO RIGHT TURN SYMBOL sign 36"x36" EA 3 $54.12 $162.36 $71.25 $213.75 75.87 227.61 122.58 367.74 136.80 410.40 75.15 225.45 32 NO LEFT TURN SYMBOL sign 36"x36" EA 3 $54.12 $162.36 $71.25 $213.75 75.87 227.61 122.58 367.74 136.80 410.40 75.15 225.45 33 NO U-TURN sign 24"x24" EA 8 $24.06 $192.48 $33.22 $265.76 31.12 248.96 53.69 429.52 60.80 486.40 26.66 213.28 34 TWO-WAY LEFT TURN ONLY sign 24"x36" EA 3 $35.80 $107.40 $45.04 $135.12 46.68 140.04 79.20 237.60 91.20 273.60 39.36 118.08 35 BEGIN sign 30"x12" EA 8 $16.27 $130.16 $22.64 $181.12 19.45 155.60 41.73 333.84 38.00 304.00 16.61 132.88 Page 1 36 END sign 30"x12" EA 8 $16.27 $130.16 $22.64 $181.12 19.45 155.60 41.73 333.84 38.00 304.00 16.61 132.88 37 RIGHT LANE MUST TURN RIGHT sign 30"X30" EA 8 $37.26 $298.08 $46.73 $373.84 48.63 389.04 80.78 646.24 95.01 760.08 41.00 328.00 38 LEFT LANE MUST TURN LEFT sign 30"x30" EA 8 $37.26 $298.08 $46.73 $373.84 48.63 389.04 80.78 646.24 95.01 760.08 41.00 328.00 39 KEEP RIGHT SYMBOL sign 24"x30" EA 30 $29.80 $894.00 $39.09 $1,172.70 38.90 1167.00 57.30 1719.00 76.00 2280.00 32.80 984.00 40 KEEP LEFT SYMBOL sign 24"x30" EA 8 $29.80 $238.40 $39.09 $312.72 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 41 DO NOT ENTER sign 30"X30" EA 8 $37.26 $298.08 $47.11 $376.88 48.63 389.04 80.78 646.24 95.01 760.08 41.00 328.00 42 DO NOT ENTER sign 36"x36" EA 3 $54.12 $162.36 $70.75 $212.25 75.87 227.61 114.89 344.67 136.80 410.40 59.04 177.12 43 WRONG WAY sign 30"x18" EA 8 $22.34 $178.72 $31.04 $248.32 29.18 233.44 51.57 412.56 57.01 456.08 24.60 196.80 44 WRONG WAY sign 36"x24" EA 3 $35.80 $107.40 $45.43 $136.29 46.68 140.04 80.47 241.26 91.02 273.06 39.36 188.08 45 WRONG WAY sign 42"x30" EA 3 $52.20 $156.60 $68.54 $205.62 73.76 221.28 118.67 356.01 133.01 399.03 66.59 199.77 46 NO TRUCK SYMBOL sign 24"x24" EA 8 $24.06 $192.48 $33.61 $268.88 31.12 248.96 54.04 432.32 60.80 486.40 26.66 213.28 47 ONE WAY (R6-1) left sign 36"x12" EA 3 $18.91 $56.73 $26.21 $78.63 23.34 70.02 45.59 136.77 45.60 136.80 19.68 59.04 48 ONE WAY (R6-1) right sign 36"X12" EA 8 $18.91 $151.28 $26.21 $209.68 23.34 186.72 43.06 344.48 45.60 364.80 19.68 157.44 49 ONE WAY (R6-1) left sign 54"x18" EA 3 $42.55 $127.65 $51.14 $153.42 52.52 157.56 94.59 283.77 102.61 307.83 49.68 149.04 50 ONE WAY (R6-1) right sign 54"x18" EA 3 $42.55 $127.65 $51.14 $153.42 52.52 157.56 94.59 283.77 102.61 307.83 49.68 149.04 51 ONE WAY (R6 -2R) sign 245,30" EA 30 $29.80 $894.00 $38.70 $1,161.00 38.90 1167.00 57.30 1719.00 76.00 2280.00 32.80 984.00 52 ONE WAY (R6 -2L) sign 24"30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 53 ONE WAY (116-28) sign 30"X36" EA 3 $44.71 $134.13 $59.75 $179.25 63.23 189.69 104.82 314.46 114.00 342.00 55.20 165.60 54 ONE WAY (R6 -2L) sign 24"30" EA 3 $44.71 $134.13 $59.75 $179.25 63.23 189.69 104.82 314.46 114.00 342.00 55.20 165.60 55 RESERVED PARKING (R7-8) sign 12"X18" EA 8 $10.00 $80.00 $17.72 $141.76 11.67 93.36 29.09 232.72 22.80 182.40 10.77 86.16 56 Van Accessible plaque (R7 -8P) 12"x6" EA 8 $4.75 $38.00 $9.86 $78.88 3.89 31.12 19.39 155.12 7.60 60.80 3.85 30.80 57 STOP HERE ON RED (810-6) sign 24"x36" EA 3 $35.85 $107.55 $45.04 $135.12 46.68 140.04 79.20 237.60 91.20 273.60 44.16 132.48 58 DO NOT BLOCK INTERSECTION (R10-7) sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 59 KEEP OFF MEDIAN (R11-1) sign 24"x30" EA 3 $29.80 $89.40 $38.70 $116.10 38.90 116.70 69.09 207.27 76.00 228.00 36.80 110.40 60 NO DUMPING ALLOWED (R19 -5T) sign 24"x30" EA 8 $29.80 $238.40 $38.70 $309.60 38.90 311.20 63.64 509.12 76.00 608.00 32.80 262.40 61 BICYCLE LANE (R3-17) sign 24"x18" EA 8 $18.10 $151.28 $25.91 $207.28 23.34 186.72 43.72 349.76 45.60 364.80 19.68 157.44 62 TURN (W1 -1R) sign 30"x30" EA 8 $46.26 $370.08 $60.34 $482.72 56.13 449.04 97.94 783.52 95.00 760.00 48.75 390.00 63 TURN (W1 -1L) sign 30"x30" EA 8 $46.26 $370.08 $60.34 $482.72 56.13 449.04 97.94 783.52 95.00 760.00 48.75 390.00 64 CURVE ARROW (W1 -2R) sign 30"x30" EA 25 $46.26 $1,156.50 $60.34 $1,508.50 56.13 1403.25 92.06 2301.50 95.00 2375.00 48.75 1218.75 65 CURVE ARROW (W1 -2L) sign 30"x30" EA 25 $46.26 $1,156.50 $60.34 $1,508.50 56.13 1403.25 92.06 2301.50 95.00 2375.00 48.75 1218.75 66 TURN (W1 -1R) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.61 418.83 136.80 410.40 70.20 210.60 67 TURN (W1 -1L) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.61 418.83 136.80 410.40 70.20 210.60 68 CURVE ARROW (W1 -2R) sign 36'x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.61 418.83 136.80 410.40 70.20 210.60 69 CURVE ARROW (W1 -2L) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.61 418.83 136.80 410.40 70.20 210.60 70 REVERSE TURN (W1 -3R) sign 30"x30" EA 3 $46.26 $138.78 $60.34 $181.02 56.13 168.39 105.20 315.60 95.00 285.00 48.75 146.25 71 REVERSE TURN (W1 -3L) sign 30"x30" EA 3 $46.26 $138.78 $60.34 $181.02 56.13 168.38 105.20 315.60 95.00 285.00 48.75 146.25 72 REVERSE CURVE (W1 -4R) sign 30"x30" EA 3 $46.26 $138.78 $60.34 $181.02 56.13 168.39 105.20 315.60 95.00 285.00 48.75 146.25 73 REVERSE CURVE (W1 -4L) sign 30"x30" EA 3 $46.26 $138.78 $60.34 $181.02 56.13 168.39 105.20 315.60 95.00 285.00 48.75 146.25 74 REVERSE TURN (W1 -3R) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 75 REVERSE TURN (W1 -3L) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 76 REVERSE CURVE (W1 -4R) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 77 REVERSE CURVE (W1 -4L) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 78 MULTI -TURN (W1-5) sign 30"x30" EA 3 $46.26 $138.78 $60.34 $181.02 56.13 168.39 105.20 315.60 95.00 285.00 48.75 146.25 79 MULTI -TURN (W1-5) sign 36"x36" EA 3 $66.62 $199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 70.20 210.60 80 SINGLE ARROW (W1-6) sign 48"x24" EA 8 $59.25 $474.00 $79.99 $639.92 76.72 613.76 121.80 974.40 121.60 972.80 62.40 499.20 81 DOUBLE ARROW (W1-7) sign 48"x24" EA 8 $59.25 $474.00 $79.99 $639.92 76.72 613.76 121.80 974.40 121.60 972.80 62.40 499.20 82 SINGLE ARROW LEFT (W1 -9T) sign 96 "x36" EA 3 $185.00 $555.00 $286.60 $859.80 245.76 737.28 371.54 1114.62 364.80 1094.40 206.29 618.87 83 SINGLE ARROW RIGHT EA 3 $185.00 $555.00 $286.60 $859.80 245.76 737.28 371.54 1114.62 364.80 1094.40 206.29 618.87 84 DOUBLE ARROW (W1-7) sign 48"x24" EA 8 185.00 1,480.00 $286.60 $2,292.80 245.76 737.28 727.56 2180.48 364.80 2918.40 187.20 1497.60 Page 2 85 CHEVRON (W1-8) EA 30 22.22 666.60 $32.28 $968.40 26.82 804.60 45.59 1367.70 45.60 1368.00 23.40 702.00 86 T Symbol (W2-4) 30"x30" EA 3 46.26 138.78 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 87 Stop Ahead (W3-1) 30"030" EA 3 48.60 145.80 $70.94 $212.82 55.88 167.64 112.90 338.70 95.00 285.00 51.38 154.14 88 Signal Ahead Symbol (W3-3) 30"x30" EA 3 48.90 146.70 $67.70 $203.10 55.88 167.64 112.90 338.70 95.00 285.00 42.34 127.02 89 DIP (W8-2) 30"x30" EA 3 46.26 138.78 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 90 Dip (W8-2) 36"x36" EA 3 66.62 199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 53.81 161.43 91 Byicycle Symbol W11-1) 30"x30" EA 3 46.26 138.78 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 53.81 161.43 92 Pedestrian Crossing (W11-2) 30"x30" EA 30 46.26 1,387.80 $60.34 $1,810.20 55.88 1676.40 91.60 2748.00 95.00 2850.00 48.75 1462.50 93 Pedestrian Crossing (W11-2) 36"x36" EA 8 66.62 532.96 $89.75 $718.00 86.31 690.48 128.35 1026.80 136.80 1094.40 70.20 561.60 94 Emergency Vehicle (W11-8) 30"x30" EA 3 46.26 138.78 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 95 Emergency Vehicle (W11-8) 36"x36" EA 3 66.62 199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 96 Two Separate Arrows Point Down @ 45 Degres (W12-1) 30"x30" EA 3 46.30 138.90 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 53.81 161.43 97 Two Separate Arrows Point Down @ 45 Degres (W12-1) 36"x36" EA 3 66.62 199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 98 10 MPH (W13-1) 18"x18" EA 8 16.66 133.28 $26.91 $215.28 20.12 160.96 41.98 335.84 34.21 273.68 17.64 141.12 99 15 MPH (W13-1) 18"x18" EA 30 16.66 499.80 $26.91 $807.30 20.12 603.60 35.64 1069.20 34.21 1026.30 17.64 529.20 100 20 MPH (W13-1) 18"x18" EA 30 16.66 499.80 $26.91 $807.30 20.12 603.60 35.64 1069.20 34.21 1026.30 17.64 529.20 101 Dead End (W14-1) 30"x30" EA 3 46.30 138.90 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 102 Dead End (W14-1) 36"x36" EA 3 66.62 199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 103 NO Outlet (W14-2) 30"x30" EA 3 46.30 138.90 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 104 NO Outlet (W14-2) 36"x36" EA 3 66.62 199.86 $89.75 $269.25 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 105 Children at Play (W15-1) 30"x30" EA 3 46.30 138.90 $60.34 $181.02 55.88 167.64 105.20 315.60 95.00 285.00 48.75 146.25 106 Children at Play (W15-1) 36"x36" EA 3 66.62 199.86 $89.37 $268.11 86.31 258.93 139.60 418.80 136.80 410.40 77.49 232.47 107 Speed Humps Ahead (W17-1) 30"x30" EA 25 46.30 1,157.50 $72.81 $1,820.25 55.88 1397.00 92.06 2301.50 95.00 2375.00 48.75 1218.75 108 Object Markers (OM -3R) 12"X36" EA 30 22.22 666.60 $32.55 $976.50 26.82 804.60 45.23 1356.90 456.00 13680.00 23.40 702.00 109 Object Markers (OM -3L) 12"X36" EA 30 22.22 666.60 $32.55 $976.50 26.82 804.60 45.23 1356.90 456.00 13680.00 23.40 702.00 110 End of Road Markers (0M4-2) 18"x18" EA 40 20.00 800.00 $29.96 $1,198.40 20.12 804.80 32.11 1284.40 34.21 1368.40 17.58 703.20 111 end of Road Markers (OM1 -2) 18"x18" EA 40 25.00 1,000.00 $30.22 $1,208.80 20.12 804.80 32.11 1284.40 34.21 1368.40 17.58 703.20 112 Warning -Neighbors on Watch Corpus Christi Police 24"x24" EA 40 23.88 955.20 $40.31 $1,612.40 31.12 1244.80 46.78 1871.20 60.80 2432.00 27.91 1116.40 113 2 HR parking 8 Am-6PM W/DBL Arrow Weekdays 18"x24" EA 3 18.91 56.73 $32.35 $97.05 23.34 70.02 46.25 138.75 453.60 136.80 22.82 68.46 114 2 HR parking 7 Am -7 PM W/DBL Arrow Weekdays 18"x24" EA 3 18.91 56.73 $32.35 $97.05 23.34 70.02 46.25 138.75 45.60 136.80 22.82 68.46 115 No Parking Commercial Loading Zone 8:00 am - 6:00 PM Except Sundays Tow Away Zone 18"x18" EA 3 13.50 40.50 $26.86 $80.58 17.51 52.53 37.25 111.75 34.21 102.63 17.21 51.63 116 No Parking Symbol 7 Am -3 PM w/DBL Arrow School Day only 18"x24" EA 3 19.50 58.50 $32.35 $97.05 23.34 70.02 53.94 161.82 45.60 136.80 22.82 68.46 117 No Parking 7 to 9 Am w/DBL Arrow Weekdays only 18"x24" EA 3 19.50 58.50 $32.35 $97.05 23.34 70.02 53.94 161.82 45.60 136.80 22.82 68.46 118 No Prking Symbol W/Dbl Arrow Bus Stop Only 12"x24" EA 3 13.00 39.00 $24.43 $73.29 15.56 46.68 35.76 107.28 30.40 91.20 17.00 51.00 119 No parking Symbol Tow Away Zone w/DBL Arrow 18"x24" EA 3 19.50 58.50 $32.35 $97.05 23.34 70.02 53.94 161.82 45.60 136.80 22.54 67.62 120 No Parking Symbol Anytime w/dbl Arrow 18"x24" EA 40 19.50 780.00 $32.35 $1,294.00 23.34 933.60 38.86 1554.40 45.60 1824.00 20.13 805.20 121 Share the Road It's the law 24"x24" EA 8 23.88 191.04 $40.31 $322.48 31.12 248.96 53.69 429.52 608.00 486.40 29.31 234.48 Page 3 122 Notice This Area Under Surveillance No Uttering Violaters Will Be Prosecuted 30"x24" EA 8 37.32 298.56 $48.16 $385.28 38.90 311.20 67.41 539.28 76.00 608.00 35.86 286.88 123 Ahead (SW -16-9P) 24"x12" EA 30 14.86 445.80 $24.10 $723.00 17.88 536.40 32.62 978.60 30.40 912.00 15.76 472.80 124 Ahead (W16 -9P) 24"024" EA 8 14.86 118.80 $24.10 $192.80 17.88 143.04 38.96 311.68 30.40 243.20 15.76 126.08 125 Diagonal Arrow (SW16-7P) 24"x12" EA 30 14.86 445.80 $24.10 $723.00 17.88 536.40 32.62 978.60 30.40 912.00 15.76 472.80 126 Kdiagonal Arrow (W16 -7P) 24"x12" EA 8 14.86 118.80 $24.10 $192.80 17.88 143.04 38.96 311.68 30.40 243.20 15.76 126.08 127 Turn Arrow (SW16-SP) 24"x12" EA 3 14.86 44.58 $29.03 $87.09 17.88 53.64 40.05 120.15 30.40 91.20 17.38 52.14 128 Turn Arrow (W16 -SP) 24"x18" EA 3 22.22 66.66 $32.28 $96.84 26.82 80.46 54.49 163.47 45.60 136.80 25.83 77.49 129 Turn Arrow (SW16-6P) 24"x12" EA 3 14.86 44.58 $29.03 $87.09 17.88 53.64 40.05 120.15 30.40 91.20 17.38 52.14 130 Turn Arrow (W16 -6P) 24"x18" EA 3 22.22 66.66 $32.28 $96.84 26.82 80.46 54.49 163.47 45.60 136.80 25.83 77.49 131 School (S4 -3P) 24"x8" EA 40 9.92 396.80 $18.91 $756.40 11.93 477.20 24.91 996.40 45.60 1824.00 10.96 438.40 132 When Flashing (54-4P) 24"x10" EA 3 13.00 39.00 $22.29 $66.87 14.90 44.70 36.92 110.76 25.35 76.05 11.65 34.95 133 School Speed Limit "Speed Limit 15 When Flashing (55-1) 24"x48" EA 40 59.50 2,380.00 $69.58 $2,783.20 76.72 3068.80 107.44 4297.60 121.60 4864.00 56.31 2252.40 134 School Speed Limit 20 When Flashing (55-1) 24"x48" EA 40 59.50 2,380.00 $69.58 $2,783.20 76.72 3068.80 107.44 4297.60 121.60 4864.00 56.31 2252.40 135 School Speed Limit "Speed Limit 25 When Flashing (55-1) 24" x48" EA 8 59.50 476.00 $69.58 $556.64 76.72 613.76 114.37 914.96 121.60 972.80 56.31 450.48 136 School Speed Limit Speed Limit 30 When Flashing (S5-1) 24"x48" EA 8 59.50 476.00 $69.58 $556.64 76.72 613.76 114.37 914.96 121.60 972.80 56.31 450.48 137 School Speed Limit Speed Limit 35 When Flashing Mt) 24"x48" EA 40 59.50 2,380.00 $57.62 $2,304.80 55.88 2235.20 95.33 3813.20 95.00 3800.00 56.31 2252.40 138 School (51-1) 30"x30" EA 8 46.30 370.40 $90.32 $3,612.80 86.31 690.48 139.22 1113.76 136.80 1094.40 47.68 381.44 139 End School Zone (55-2) 25"x30" EA 40 29.80 1,192.00 $38.70 $1,548.00 38.90 1556.00 56.72 2268.80 76.00 3040.00 32.80 1312.00 140 Summer School Hours 7:15-8:15 Am 2:45-3:45 PM 12"x24" EA 8 17.20 137.60 $24.43 $195.44 15.56 124.48 34.67 277.36 30.40 243.20 16.40 131.20 141 School 10M PH Zone W/DBL Arrow 24"024" EA 8 29.62 236.96 $49.54 $396.32 35.76 286.08 64.67 517.36 60.80 486.40 34.26 274.08 142 School 15 MPH Zone W/DBL Arrow 24"x24" EA 30 29.62 888.60 $49.54 $1,486.20 35.76 1072.80 58.33 1749.90 60.80 1824.00 31.99 959.70 143 School 20 MPH Zone W/DBL Arrow 24"x24"q EA 30 29.62 888.60 $49.54 $1,486.20 35.76 1072.80 58.33 1749.90 60.80 1824.00 31.99 959.70 144 School Time Plates (S4 -1P) 7:15-8:15 AM - 2:45- 3:45 24"x10" EA 40 17.20 688.00 $23.74 $949.60 12.97 518.80 24.82 992.80 25.35 1014.00 12.28 491.20 145 When Children Are Present (S4 -2P) 24"x10" EA 8 17.20 137.60 $18.75 $150.00 12.97 103.76 31.74 253.92 25.35 202.80 11.65 93.20 146 MON-FRI (54-6P) 24"x10" EA 8 17.20 137.60 $23.74 $189.92 12.97 103.76 31.74 253.92 25.35 202.80 14.85 118.80 147 Cell Phone Use Prohibited Up to $200 Fine 57- 1T 24"x18" EA 30 17.90 537.00 $25.91 $777.30 23.34 700.20 37.37 1121.10 45.60 1368.00 20.49 614.70 148 Keep The Change 18"x24" EA 8 17.90 143.20 $32.35 $258.80 23.34 186.72 43.70 349.60 45.60 364.80 22.76 182.08 Total $75,380.62 $ 103,071.53 $ 92,241.10 $ 146,812.89 $ 198,573.03 $ 79,124.23 Page 4 SUPPLY AGREEMENT NO. 1061 Traffic Signs for Street Operations THIS Traffic Signs for Street Operations Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Custom Products Corporation ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Traffic Signs for Street Operations in response to Request for Bid No. 1061 ("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 Traffic Signs for Street Operations 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 36 months. 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 $226,141.86, 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 Name: Peter Muniz Department: Street Operations Phone: (361) 826-1951 Email: petermu©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: Peter Muniz Title: Finance and Resource Mgmt. Superintendent Address: 2525 Hygeia, Corpus Christi, Texas 78415 Fax: (361) 826-1627 IF TO SUPPLIER: Custom Products Corporation Attn: Heidi McGee Title: Bid Manager Address: P.O. Box 54091, Jackson, MS 39288-4091 Fax: (888) 847-4064 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: Custom Products Cc -pm -atoll m(62(2, l(G Title: V)1\ kr n Date: l • 1\,.0.1n 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. 1061 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 4.1 General Requirements The Supplier shall provide traffic signs as outlined in this Scope of Work. The specifications listed comply with Texas Department of Transportation (TXDOT) and American Association of State Highway and Transportation Officials (AASHTO). 1. Type C -High Specific Intensity Material shall be in accordance with Departmental Material Specifications DMS -8300 of the Texas Department of Transportation. 2. Vinyl Non -Reflective Decal Sheeting Material shall be in accordance with Departmental Material Specifications DMS -8300 of the Texas Department of Transportation. 3. Pre -Screened Traffic Sign Faces Material shall be in accordance with Departmental Material Specifications DMS -8300 of the Texas Department of Transportation and with standards set forth in the Texas Manual on Uniform Traffic Control Devices. 4.2 Scope of work A. Traffic Sign Sheeting Materials The specifications listed are the materials and instructions required for the traffic signs. 1 CLASSIFICATION - The materials listed in this specification are used in the traffic signs manufacturing and installation program of the Corpus Christi Street Department. 2. APPLICABLE SPECIFICATIONS - Texas Department of Transportation, DMS -8300, Departmental Materials Specifications, Flat Surface Reflective Sheeting and Vinyl Non -Reflective Sheeting. RFB Template Revised 04.28.17 B. Specifications for Traffic Sign Blanks and Extruded Blades 1 Follow American Association of State Highway and Transportation Officials (AASHTO) standards. 2. All materials shall be new and un -weathered. 3. Alloy for flat blanks shall be 5052 - H38. Alloy for extruded blades shall be 6063 - T6. Alloy shall be free of burrs, corrosion, white rust and dirt. The aluminum thickness shall be relative to the square footage of the sign as follows: Square Foot Minimum Thickness Less than 7.5 0.080 7.5 to 15 0.100 Greater than 15 0.125 4. All sign blanks shall be predrilled at 3/8" holes. 5. Metal treatment - Blades to be treated as follows: The Supplier shall comply with the following requirements: a. Degreasing Vapor degreasing - by total immersion of the Sign Blank in a saturated vapor or trichloroethylene. Trademark printing shall be removed, or Alkaline degreasing - by total immersion of the Sign Blank in a tank containing alkaline solutions, controlled and titrated to the solution manufacturer's specifications. Rinse thoroughly with running water. b. Etching i. Acid etch - etch well in 6-8% phosphoric acid solution at 100F or proprietary acid etching solution. Rinse thoroughly with running water. ii. Alkaline etch or etch well in an alkaline etching material that is controlled by titration. Use time, temperature and concentration RFB Template Revised 04.28.17 specified by the solution manufacturer. Rinse thoroughly. Remove smut with an acidic chromium compound and rinse thoroughly. C. Conversion Coating - commonly called "Anodized" Finish Treat with a light, tight amorphous type coating in accordance with the coating manufacturers recommendations. Rinse thoroughly, then dry by use of forced hot air drier. C. Material Requirements for Reflective Sheeting 1. This Specification covers the general and specific requirements for the four types of reflective sheeting materials listed in AASHTO—Types A, B, C, and D. The sheeting Supplier must furnish identification codes to the City, from the manufacturer. Construction work zone grade sheeting used for temporary construction work zone applications must meet all requirements for the type specified except for the weathering requirements, for which it must meet a minimum of 60% of the minimum specified initial retroreflectivity values specified for that type after accelerated weathering of 500 hours and after 12 months of exterior exposure. 2. Meet all requirements of AASHTO, as modified by the following: a. Coefficient of Retroreflection. For rotational sensitive white sheeting, the coefficient of retroreflection will be measured at the orientation identified by the producer as the optimum rotation. b. Chemical Resistance. The surface of the sheeting or the face of a completed sign must be chemically resistant to the extent that there will be no surface change when wiped with a soft, clean cloth dampened with mild detergents or cleaners supplied by or recommended by the sheeting producer. c. Adhesive. Pre -coat the backside of the reflective sheeting with either a heat -activated or a pressure -sensitive adhesive. No additional coats of adhesive must be required to affix the reflective sheeting to the sign blank. The adhesive and liner, when used, must meet the requirements of AASHTO. d. Adhesive. Pre -coat the backside of the reflective sheeting with either a heat -activated or a pressure -sensitive adhesive. No additional coats of adhesive must be required to affix the RFB Template Revised 04.28.17 reflective sheeting to the sign blank. The adhesive and liner, when used, must meet the requirements of AASHTO e. Suppliers of reflective sheeting using a porous, textured - backing paper to protect the adhesive layer that is not suitable for use as a sup -sheet for packaging of completed signs, sign panels, or both must supply rolls of slip -sheet paper in the various widths of reflective sheeting supplied. The area of slip -sheet paper, supplied in the various widths, must be the same as the area of reflective sheefing supplied in the various widths. The adhesive must have no staining effect on the reflective sheeting. f. Color. Meet all the color requirements of AASTHO except the Delta E requirements. Additionally, the reflected night color must be: g• i. Identifiable as the same color as the day color when observed at 50 ft. (15 m) and ii. Uniform and free of streaks, mars, and other imperfections. Material Identification. Mark each container, carton, or box containing reflective sheeting with the information listed in AASHTO. The identification numbers must also appear on the inside of the sheeting roll core. The identification number on the outside of the box and on the inside of the core must match. The mismatch of these numbers may be cause for rejection. D. Sign Fabrication Follow the sign fabrication requirements of AASHTO, as modified by this Specification. When using, white sheeting identified as rotational sensitive on the MPL, fabricate signs as specified by AASHTO and follow the sheeting producer's guidelines. Use screen inks as recommended and warranted by the base sheeting producer. Signs fabricated using any other sign face material may be fabricated using products from different producers. E. Material Requirements for Conformable Reflective Sheeting Conformable reflective sheeting is intended for use on both flat surfaces and round plastic or metal posts. Conformable reflective sheefing must meet all requirements of AASHTO. Material Requirements for Screen Inks. RFB Template Revised 04.28.17 1. General Requirements - Meet the requirements of AASHTO: a. Color - Screen inks, when screened onto any pre -qualified white reflective sheeting, must produce a color meeting the color requirements specified for the various colors of reflective sheeting in AASHTO. Use the type of screen recommended by the manufacturers. Use screen inks as supplied or thinned according to the producer's recommendations. Color will be determined using ink from sealed, unopened containers as received from the Supplier and according to Supplier's recommendations for thinning. b. Durability - Screen inks recommended by the ink producer for use on any of the types of reflective sheeting must exhibit the same durability as specified for that type of reflective sheeting. c. When tested in accordance with Federal Test Method 6301, "Adhesion (Wet) Tape Test," the results must show no process inks removed after processing a minimum of 96 hr. or after exposure of the sheeting types to the durability and weathering tests specified. d. Screened Sheeting Optical Performance. Before exterior exposure or weatherometer (WOM) exposure, sheeting reverse screened with transparent ink must have the minimum coefficient of retroreflectivity values specified in AASHTO for the same color of sheeting as the ink. F Material Requirements for Colored Transparent Films and Non - Reflective Black Films 1. General - Meet all the requirements of AASHTO, as modified by this Specification. Colored, transparent films and non -reflective black films must consist of durable, EC films coated with a transparent, pressure - sensitive adhesive protected by a removable liner. 2. The films must be: • Available in standard traffic colors; • Dimensionally stable; and • Designed to cut, weed, lift, and transfer. • The films must not release any volatile organic compounds. 3. Color - Non -reflective black film must be acrylic and have a reflectance (Y) no greater than 4.0. RFB Template Revised 04.28.17 4. Durability - All films, when applied to the various types of reflective sheeting, must meet the same durability requirements as specified for that type of reflective sheeting. G. Contrast Ratio of Sign Faces and Completed Signs 1. For all sign faces and completed signs using transparent screen inks or transparent films, the "Contrast Ratio" is the quotient obtained when the coefficient of retroreflection of the white is divided by the coefficient of retroreflection of the other color. 2. The contrast ratio will be determined at an observation angle of 0.2° and an entrance angle of -4°. 3. For all red and white signs, the contrast ratio must not be less than 4.0 or greater than 15.0. For all other signs, sign panels, sign faces, and traffic control devices, the contrast ratio must not be less than 4.0. H. Warranty Requirements 1. Supplier must comply with all requirements of the following warranty. Failure to comply with the requirements of this warranty is cause for termination of contract. Submit a warranty statement with every delivery indicating understanding and compliance with the provisions of the warranty and willingness to abide by the provisions. Include the name, address, telephone number, and email address of the person to contact regarding potential claims under the warranty provisions. 2. For Suppliers, the manufactures warranty must include the use of one manufactures sign face material directly applied to a different manufactures sign face material. Screen inks must be recommended and warranted by the manufacturer of the base sheeting. If a failure occurs, assignment of warranty responsibility is to the manufacturer of the sign face material that fails. (For example, if the base sheeting, defined as the sheeting attached to the substrate, separates from the sign substrate, the manufacturer of the base sheeting will be responsible. If the sheeting used for legend detaches from the base sheeting, the manufacturer of the legend material will be responsible for the failure.) 3. Submit a certification with each lot or shipment that states that the material supplied meets the requirements listed. Show individual lot numbers on the certification. 4. Sign face materials processed, applied, stored, and handled according to the manufacturers recommendations (or as required in this Specification when there is an exception to the manufacturer's RFB Template Revised 04.28.17 recommendations) must perform satisfactorily for the number of years specified for that sign face material. The performance period begins at the time a sign is fabricated, as indicated by the "Fabrication Date" on the sign identification decal. The warranty requirements go into effect upon final acceptance by the City. The City will adjust the performance period to deduct the time between the sign fabrication date and City acceptance. 5. The sign face material is unsatisfactory if: a. It deteriorates due to natural causes to the extent that the sign is ineffective for its intended purpose (e.g., being viewed from a moving vehicle under normal day and night driving conditions), or b. Shows any of the following defects: racks discernible with the unaided eye from the driver's position while in an outside lane at a distance of 50 ft. (15 m) or greater from the sign; peeling in excess of 1/4 in. (6.4 mm); shrinkage in excess of 1/8 in. (3.2 mm) total per 48 in. (1.2 m) of sheeting width; or fading, loss of color, or loss of reflectivity to the extent that color or reflectivity fails to meet the requirements of AASHTO, as modified by this Specification. 6. The sign face material manufacturer's warranty does not relieve the Supplier for unacceptable work or improper handling, storage, or installation. The Supplier is fully responsible for all materials and work until final acceptance by the City. 7. Minimum Performance Period. All signs made with the type of sheeting indicated below and any other sign face materials used on each type of sheeting, except construction and maintenance work signs and barricades, must meet the minimum performance periods and replacement actions the table below: Warranty Per Sheeting Type Period for Complete Sign Replacement and Installation Additional Period for Sheeting Material Replacement Only A, B, C 7 3 D 7 3 BFL, CFL, DFL 1 5 2 RFB Template Revised 04.28.17 I. Supplier's Replacement Obligation 1. Where and when shown that retroreflective traffic signs processed in conformance with the sign face material manufacturer's recommendations (or as required in this Specification when there is an exception to the manufacturer's recommendations) have not met the field performance requirements above, a manufacturer's replacement obligation exists. 2. Replacement sign face materials must: a. Be the same type originally specified unless otherwise approved or directed, and b. Meet all the requirements of this Specification. 3. Schedule with designated City Contract Administrator, within 30 days of notification of potential replacement obligation, an on-site investigation to determine if the sign face material Supplier's obligation exists. 4. Fulfill all obligations within 120 days after determination of obligations. The City may replace signs where uncompleted obligations occur and may bill the manufacturer for all City costs in performing the Supplier's replacement obligation. 5. When in the judgment of the City deteriorated signs present a traffic hazard, the City reserves the right to remove the signs from the roadway and place them in storage for the manufacturer's inspection. Reimburse the City for all costs, including labor for removal and replacement, when inspection reveals that a Supplier's obligation exists. 6. The Supplier may use an independent Contractor to fulfill obligations to replace or refurbish signs on the roadway. 7. The City reserves the right to place a representative on the job to ensure that the signs are replaced or refurbished in conformance with City standards. The City will test all sign face materials used to fulfill the Supplier's obligations to ensure compliance with this Specification. 8. Replacement material assumes the remaining warranty period of the material it replaces. RFB Template Revised 04.28.17 4.3 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. 4.4 Additional Instructions Sian Suppliers Obligations - Submit the Purchase order number and a copy of the warranty certification, showing the lot number of the traffic signs with each shipment. RFB Template Revised 04.28.17 L ATTACHMENT B - BID/PRICING SCHEDULE Item I Description STOP sign (R1-1) 30 in. x 30 in. Octagon fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask an both sides (holes on vertical) -- STOP sign IRI - I) 36 in. x 36 in Octagon fabricated from 0.080 aluminium alloy 5052-i138, Type C sign DMS 8300 dated 5/16/2017, G!2 face ma lenaffs arcerdmg lo gouge male rials 017, covered wilh prern:uin anti -graffiti overlay aramask on both sides (holes on vertical) YIELD sign (R1-2) 36 in. x 36 in Triangle fabricated from 0.080 -gauge 3 aluminum alloy 5052-H38, Type C sign face materials according to DMS- 8300 dated 5/1672017, covered with premium anti -graffiti overlay with FA premask on both sides. (holes on vertical) YIELD sign (81-2) 48 in. x 48 in Tnanele fabricated from D.DY,O-gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with 1 premask on both sides. (holes on vertical) LIST OF SIGNS FOR 2017 UNIT FA. EA ALL WAY sign (R1-4) 18 in x 6 in fabricated from 0,080 -gauge aluminum alloy 5052-033, Type C sign face materials according to DMS -3300 dated 5 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) YIELD HERE TO PEDS sign (81-5) 36 in x 36 in fabricated from 0.080 -gauge aluminum alloy 50522-H38, Type C sign face materials according to DMS - 6 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) YIELD IIERE TO PEDS sign (R1 -5a) 36 in x 48 in fabricated from 0.080-gau•- aluminum alloy 5052.-038, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) IN STREET PED CROSSING sign (R1-6) 12 in x 36 in Yellow fabricated from 0 080 -gauge aluminum alloy 5052-1138, Type E sign face materials 8 according to 0M5-8300 dated 5/16/2017, covered with premium anti - graffiti overlay with premask on both sides (holes on vertical) IN STREET PC CD RO I VS I G sign (81-6) 12 in x 36 in Yellow -Green fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face materials 9 j according to 0AS-8300 dated 5/16/2017, covereo with premium anti - graffiti overlay with premask on both sides (holes on vertical) IN STREET FED CROSSING sign (R1 -6a) 12 in x 36 in—Yellow-Green fabricated from 0.080 -gauge aluminum alloy 5052-H38, T pesign fE acee materials i 0 ) according to DMS -8300 dated 5/16/2017, covered with premium anti - graffiti overlay with premask on both sides (holes on vertical) IN STREET PED CROSSING sign (R1 -6b) 12 it x 36 rn Yellow -Gree fabricated from 0.080 -gauge aluminum alloy 5052-038, Type E sign face materials 11 according to DMS -8300 dated 5/16/2017, covere with premium anti graffiti overlay with premask an both sides (holes on vertical) IN STREET PED CROSSING sign (R1 -6c) 12 in x 36 in Yellow -Green fabricated from 0.080 gauge aluminum alloy 5052-038, Type sign face materials per I DMS -8300 dated 5/16/2017, covered with premium ami-graff,t overlay with premask on both sides. (holes on vertical) • ru0Uc.t. rlx _9 ?,. EA. EA EA EA EA FA 8 QUANITY COST IOTA! 3(). ao I tonpn.l 1 8 I 8 0 3 . (CS a I L2 Lo 3 3 CD 114'00 3 13g, 0.) IN oQ MOO vw 45 30 40 Item Description SPEED LIMIT 20 sign (52-1) 24 m x 30 in fabricated from 0.080 -gauge 13 aluminumalloy 5052-H38, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay w th premask on both sides (holes on vertical) SPEED LIMIT 25 sign (52-1) 24 in x 30 in fabricated from 0.080 -gauge 1 aluminumalloy 5052-038, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with ( premask on both sides (holes on vertical) SPEED LIMIT 30 sign (R2-1) 24 in x 30 in fabricated from 0.080 -gauge 15 aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 16 SPEED LIMll 35 sign (52-1) 24 in x 30 iii fabricated from 0.050 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay wrath premask on both sides (holes on vertical) 1; SPEED LIMIT 40 sign (R2-1) 24 in x 30 in fabricated from 0.080 gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 18 SPEED LIMIT 45 sign (52-1) 24 in x 30 in fabricated from 0.080 gauge aluminum alloy 5052-038, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium ant graffiti overlay with premask on both sides (holes on vertical) 19 20 21 22 23 SPEED LIMIT 50 sign (2-1) 24 in x 30 in fabrcated from 0 080 gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with prernask on both sides. (holes on vertical) SPEED LIMIT 20 sign (P2 1) 30 in x 36 in fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type 0 sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti graffiti overlay with premask on both sides (holes on vertical) SPEED LIMIT 25 sign (R2-1) 30 in x 36 in fabricated from 0 080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) SPEED LIMIT 30 sign (R2-1) 30 in x 36 in fabricated from 0-080 gauge aluminum alloy 5052-H38, Type C sign face materials according to DM5- 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical UNIT EA SPEED LIMff 35 sign (R2.1) 30 m x 36 in fabricated from 0.080 -gauge aluminum alloy 5052-133, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) SPEED LIMIT 40 sign (R2-1) 30 in x 36 in fabricated from 0 -080 -gauge 24 aluminum alloy 5052-H38, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with ( premask on both sides (holes on vertical) SPEED LIMIT 45 sign (52-1) 30 in x 36 in fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS - 25 8300 dated 5/16/2017, covered with premium anti graffiti overlay with premask on both sides (holes on vertical) EA QUANITY EA EA EA FA A EA EA EA EA 8 100 100 413 8 8 3 COST 42,0 TOTAL so 4`F,r3 'flg1 " 13.13 ),O) 134.11 81119 fit .354,-C9 01-.1 Item Description 26 SPEED LIMIT 50 sign (R2-1) 30 in x 36 in fabricated from 0.080 -gauge a uminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) UNIT FA QUANITY REDUCE SPEED AHEAD sign (R2 -5a) 24 in x 30 in fabricated from 0.080- 17 gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) REDUCE SPEED AHEAD sign (62-5a) 30 in x 36 in fabricated from 0 080- 28 1 gauge aluminum alloy 5052-H38, Type C sign face materials according to DM5-8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) NO RIGHT TURN SYMBOL sign (63-1) 24 in x 24 in fabricated from 0.083- 29 gauge aluminum alloy 5052-H38, Type C sign fare materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask an both sides. (holes on vertical) 30 31 NO LEFT TURN SYMBOL sign (R3-2) 24 in x 24 in fabricated from 0.080 - gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 140 RIGHT TURN SYMBOL sign (113-1) 36 in x 36 in fabricated from 0.080 - gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) NO LEFT TURN SYMBOL sign (R3-2) 36 in x 36 in fabricated from 0.080- 32 gauge aluminum alloy 5052-H38, Type C sign fact' materials according to DMS -8300 dated 5/16/2017, covered with premium anti graffiti overlay with prernask on both sides (holes on vertical) NO U-TURN sign (R3 4) 24 in x 24 in fabricated from 0.080 -gauge alum num alloy 5052 H38, Type C sign face materials according to OMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) 33 34 EA EA EA EA EA 3 3 3• COST TOTAL y4.21 13t -,J2 c:g BG,4Oj 144x(131'11 75 • L(.1_0(0 (001. -so 35 TWO-WAY LEFT TURN ONLY sign (153-9b) 24 in x 36 in fabr cated from 0.080 -gauge aluminum alloy 5057.-1133, Type C sign face_ materials according to DMS -8300 dated 5/16/2017 covered with premium anti - graffiti overlay with premask on both sides (holes on vertical) BEGIN sign (R3-9cP) 30 in x 12 in fabricated from 0 080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to OM5-8300 dated 5/16/2017, covered with prern um anti -graffiti overlay with prernask on both sides (holes on vertical) 36 37 38 END sign (R3-9dP) 30 in x 12 in fabricated from 0 080 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, coyered with premium anti -graffiti overly f with premask on beth sides. (hales on vertical) RIGHT LANE MUST TURN RIGI IT (63-713) 30 in x 30 in fabricated from 0.080 gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask or, both sides. (holes on vertical) LEFT LANE MUST TURN LEFT (R3 -7R) 30 in x 30 in fabricated from 0.080 - gauge aluminum alloy 5052-H38, Type C sign face materials according to DM5 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) EA FA EA EA -A FA 3 3 8 8 , 8 8+ ) .1 D-• 1(0,3(0 . a I 1(0,R Ico,LA_ I or),L1 I3Qk 13,1 aGg.nig item 37 4: 41 42 43 4! Description KEEP RIGHT SYMBOL (114-7) 24 in x 30 in fabricated from 0.080 -gauge a:umfium alloy 5052-H38, Type C sign face mate1als according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) KEEP LEFT SYMBOL (R4-7) 24 in x 30 in fabricated from 0 080 -gauge aluminum alloy 5052-H33, lype C sign face materials according to DMS. 8300 dated 5/15/2017, covered With premium anti -graffiti overlay with premask on both sides. (hales on vertical) D0 NO ENTER (P,5-1) 301n x 3C in fabricated From 0.080-g uge aluminum alloy 5052-H38, Type C sign face materials according to DMS -8300 S-8 00 dated 5/16/2017, covered with premium anti -graffiti overlay with prernask on both sides. (holes on vertical) 00 NO ENTER (R5-1) 36 in x 36 in fabricated from 0.080 -gangs, aluminum alloy 5052-H38, Type C sign face materials according to OMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) WRONG WAY (R5 -1a) 30 in x 18 in fabricated from 0.030 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DIMS -8300 dated 5/15/2017, covered with premium anti -graffiti overlay with premask on both sides. (hales on vertical) WRONG WAY (R5 -1a) 36 in x 24 in fabricated horn 0.030 -gauge aluminum alloy 5052-H3S, Type C sign face materials according to DMS -3300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (hales on vertical) WRONG WAY (R5 -1a) 12 in x 30 in fabricated from 0 -080 -gauge aluminum 45 alloy 5052-H3S, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on i EA both sides. (holes on vertical) UNIT QUANITY COST EA 30 IA EA EA EA TOTAL U\Jgq 1loo 11 8 3 8 EA 3 u� NO TRUCK SYMBOL (115-2) 24 in x 24 in fabricated from 0.OE0-gauge aluminum alloy 5052-133, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with • prernask on both sides. (holes on vertical) ONE WAY (R6-1) Left 36 in x 12 in fabricated frorn 0 080-gacge aluminum 47 alloy 5052-H33, Type C sign face materials accorcing to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti oterlay w th premask on both sides. (holes on vertical) ONE WAY (R6-1) Right 35 in x 12 in fabricated fruin 0 080 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DMvr, 8300 dated 5/16/2017, covered with premium anti graffit osserlay with oremask on both sides. (holes on vertical) ONE WAY (q6.1) Left 54 inx 18 n fabricated from D 080 gauge alum num 4,, alloy 5052-H38, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium ant;-graffit overlay w th premask on Iboth sides. (holes on vertical) ONE WAY (116-1) Right 54 in x 18 in fabricated from O.OE0-gauge aluminum gn alloy 5052-1133, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with prernask on both sides. (holes on vertical) ONE WAY (116 211) 24 in x 30 in fabricated from 0.080 -gauge aluminum alloy 5052-H33, type C sign face materials according to 0M5-8305 dated 51 i r, both sides (holes on vertica ) 5/16/2017, covered with premium anti -graffiti overlay with prernask o EA LA EA. EA EA ac18,03 1 Boa .`3�a 10'? ,4-01 1 ao Ipok 4.12$3t.04 81 3 � 1 12 1SP\ 7,15 I I 42.:5S- Ia4.t(f �1- -. 3 30 Iy.Ss ; i ar)!WM 169Lk .c 11 f I Item 52 53 i Description ONE WAY (R6 -2L) 24 in x 30 in fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -3300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) ONE WAY (R6 -2R) 30 in x 36 in fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to 0M5-3300 dated 5/16/2017, covered with premium arlt-graffiti overlay with premask on both sides. (holes on vertical) UNIT QUANITY COST EA ( 8 ONE WAY (R6-21) 30 in x 36 in fabricated from 0.080 -gauge aluminum allay 54 5052-1133, Type C sign face materials according to DMS -5300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) RESERVED PARKING (R7 3) 12 in x 18 in fabricated from 0.050 -gauge 55 aluminum alloy 5052-H38, Type C sign face materials according to DMS 6300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) Van Accessible (plaque) R7 8P 12 x 6 fabricated from 0.050 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS '6 8300 dated 5/15/2017, covered with premium anti -graffiti overlay w th premask on both sides (holes on vertical) STOP HERE ON RED (R10-6) 24 x 36 fabricated from 0.080 -gauge aluminum 57 alloy 5052-H33, Type C sign face materials according to DMS -55300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) DO NOT BLOCK INTERSECT ON (R10-7) 24 x 30 fabricated iron 0 030 gauge 58 aluminum alloy 5052-H38, Type C sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti graffiti overlay with premask on both sides. (holes on vertical) KEEP OFF MEDIAN (R11-1) 24 x 30 fabricated from 0 080 -gauge alum nuns 59 allay 5052-r138, Type C sign face materials according to DMs 8300 dated 5/16/2017, covered with premium ant -graffiti over ay w th premask an both sides. (holes on vertical) N0 DUMPING ALLOWED (R19 -5T) 24 x 30 fabricated from 0.080 -gauge 60 aluminum alloy 5052-H38, Type C sign face materials according to DMS- 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with ( premask on both sides. (holes on vertical) 61 BICYCLE LANE (R3-17) 24 in x 18 in fabricated from 0.080 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/166/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 62 TURN (W1 -1R) 30 in x 30 in Yellow fabricated from 0.080-g auge alloy 5052-1135, opsign face materials according to DMS -3300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes or vert cal) 63 TURN (W1 -1L) 30 in x 30 in Yellow fabricated from 0.050 -gauge aiuminurr. alloy 5052.1138, T pe sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) CURVE ARROW (W1- 2R) 30 in x 30 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052 H38 `ype sign face muter als according to DMS - 64 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) EA. FA LA FA EA EA FA r=A EA EA Cut The ; 1- P O, @O* 54091 Jia aon, M$ 39288-409/ TOTAL dUo 3 I !YAM I r343 Tini6.13 ."3 3 -3S 25 109,5S- 30K 09SSS jsiLe) 02,40 370.0g 12P3,QS Lik2i0 115i05y 8 8 8 8 8 1 Item Description CURVE ARROW (W1 21) 30 rn x 30 in Yellow fabricated from 0.080 -gauge E5 aluminum alloy 5052-H38,f/Oltsign face materials according to DMS - 8300 dated 5/16/20-.7, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) TURN (W1 13) 36 - x 35 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052 H38, ,ype 66 E ign face materials according to Dfv1S-8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes ori vertical) TURN (W1 -1L) 36 in x 36 mi Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H3.3, ype sign fa...a neater als according to Dtv'S 8300 dated 5/16/2017, covere with premium anti -graffiti over ay with premask on both sides (holes on vertical) CURVE ARROW (W1- 23) 36 in x 36 in Yellow fabr rated from 0 080 gauge aluminum alloy 5052-1-138, pe E ign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti-graffit: overlay with premask on both sides. (holes on vertical) 69 UNIT EA QUANITY EA CURVE ARROW (17/1- 2L) 36 in x 36 in Yellow fabricated from 0.080 -gauge i aluminum alloy 5052-H38 ign face materials according to DMS 8300 dated 5/16/2017, covere with premium anti -graffiti overlay with premask on both sides (holes on vertical) REVERSE TURN (W1- 33) 30 n x 30 in Yellow fabricated from 0.080 -gauge 70 aluminum alloy 5052-H38, Type E sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on bath sides. (holes on vertical) REVERSE TURN (W1- 314 30 in x 30 in'Yeliow fabricated from 0.080 -gauge 71 I aluminum alloy 5052-H38, Ty� sign face materials according to DMS - 9300 dated 5/16/2017; covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 72 REVERSE CURVE (W1- 43) 30 in x 30 in Yellow fabricated from 0 050 -gauge aluminum alloy 5052-H38, Type E. sign face materiais according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) EA EA 1-A EA EA EA. REVERSE CURVE (4V1- 4L) 30 in x 30 in Yellow fabricated from 0 080 -gauge 73 aluminum allay 5052-H38, Type E sign face materials according to DMS- • 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with E" premask on both sides (holes on vertical) REVERSE TURN (W1- 33) 36 in x 36 it Yellow fabricated from 0 080 -gauge 7 : I aluminum alloy 5052-1-138, Type E sign face materials according to DMS 8300 dated 5/16/2017, covered with premium ant -graffiti overlay with 1 EA premask on both sides (holes on vertical) 75 REVERSE TURN (W1 3L) 36 in s 36 in Yellow fabricated from 0 030 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS - 8300 dated 5/16/2017, covere with premium anti -graffiti overlay with ; `A premask on both sides (holes on vertical) 76 I REVERSE CURVE (W1- 4R) 36 in x 36 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, �E sign fate materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with EA premask on both sides. (holes on vertical) REVERSE CURVE (W1- 41.) 36 in x 36 in Yellow fabricated from 0 030 -gauge aluminum alloy 5052-1-138, Type E sign face materials according to DMS - 77 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with EA premask on both sides (holes on vertical( Custom Products corp. PC). Box 54091 Jacksori, 4O 1Jacksori, MS 3e2Cer-emol 3 3 3 COST TOTAL 46.2C2 115050 .138.03 LICO2sp 13s, 9F 2" v , l ,J8? 7 3 UJW.(o() 1 ` iYoko I GPI Sco �'KJ i C"31Q� Irt Item 78 I 79 80 81 82 Description MULTI -TURN (W1- 5) 30 in x 30 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sin face materials according g to DMS 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) MULTI -TURN (Wl- 5) 36 in x 36 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti premask on both sides. (holes on vertical) overlay with SINGLE ARROW (W1- 6) 48 rn x 24 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, Tyoe„E sign faf.e materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) DOUBLE ARROW (W1-7) 48 in x 24 in Yellow fabricated from 0 080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS - 8300 dated 5/16/2017, cove7c13vith premium anti -graffiti overlay with premask on both sides. (holes on vertical) SINGLE ARROW LEFT (W1 -9T) 96 in x 35 in Yellow fabricated from 0.080 - gauge aluminum alloy 5052-H38, e s gn face materials according to DM5-8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask or both sides (holes on vertical) 83 84 UNIT SINGLE ARROW RIGHT (W1 -9T) 95 in x 36 in Yellow fabricated from 0.080 gauge aluminum alloy 5052-H38, Type E sign fee materials according to DMS -8300 dated 5/16/2017, coverh premium anti -graffiti overlay with premask on both sides. (holes on vertical) DOUBLE ARROW (W1 -7T) 96 in x 36 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS - 8300 dated 5/16/2017, covered vith premium anti -graffiti overlay with premask on both sides. (holes on vertical) j CHEVRON (W1- 8) 18 ,n r. 24 in Yellow fabricated from 0 080 -gauge 85 aluminum alloy 5052-H38, Type E sign face materialrs according to DMS 8300 dated 5/16/7017, covered with premium anti -graffiti overlay with premask on both sides (ho es on vertical) T SYMBOL (W2- 4) 30 in x 30 in Yellow fabricated from 0 080 -gauge 86 aluminum alloy 5052-H38, Type E sign face materials according to DMS 8300 dated 5/16/2017, covered vith premium anti -graffiti overlay with premask on beth sides (holes on vertical) i STOP AHEAD (W3-1) STOP SYMBOL 30 in x 30 in fabricated from 0 080- 87 gauge aluminum alloy 5052-1438, Type E sign face materials according to DMS 8300 dated 5/16/2017, coverel s.`, premium anti -graffiti overlay with premask on both sides. (holes on vertical) SIGNAL AHEAD SYMBOL (W3- 3) 30 in x 30 in fabricated from 0 020 -gauge 88 aluminum goy 5052-H38, Type E sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti-graff,ti overlay with premask on both sides. (holes on vertical) Dl? (W8 2) 30 in x 30 in fabricated from 0.080 -gauge aluminum alloy 5052 5- H38, Type Ensign face materials according to DMS -8300 dated 5/16/201/ covered with premium anti -graffiti overlay with premask on si both th id (holes on vertical) , es. DIP (W8 2) 36 in x 36 in Yellow fabricated from 0.050 -gauge aluminum 9' alloy 5052-138, jue.F sign face materials according to DiM5-8300 dated 5/16/2017, covered with premium anti graffiti overlay with premask on both sides. (holes on vertical) --cc—mom Products Corp. Jackson, MS 3,2288-40 31 FA EA CA EA EA t -A CA A LA E:. FA QUANITY COST TOTAL 14-(0.2o[ .9g� W1(0), I 19 x1 571.z-,(-114_0) iW 53- %OD 555.0i 1SN M0.4) aa.aawactu I3g, O 1-1-8,1a0 145SD 90 0, 3 .2- :Qa(Da 1. Item Description BICYCLE SYMBOL (W11- 1) 30 in x 30 in Yellow fabricated from 0 080 -gauge 91 aluminum alloy 5052-038, Type E sign face materials a:cording to OMS - 8300 dated 5/16/2017, covered `th premium ami -graffiti overlay with it premask on both sides (noles on vertical) PE0ESTRAH•t CROSSING (W11 2) 30 in x 30 in Yel:ow fabr ceted from 0080- 92 J gauge aluminum alloy 5052-1138`y. E sign face nater al according to DM5-5300 dated 5/16/2017, cove with premask on both sides holes on with p' em:um anti graffiti overlay (- ( rti al) PEDESTR,UN CROSSING (W11-7) 36 in :x 36 in Yello.v fabricated from 0.08 93 gauge aluminum alloy 5052-1-138, Type 6 sign face materials according to DMS -8300 dated 5/16/2017, cnvLrmi-with premium an*r-graffiti overlay with premask on both sides (holes on vertical) EMERGENCY VEHICLE (W11 3) 30 in x 30 in Yellow fabricated from 0.080- 94 gauge aluminum alloy 5052-038, Type E sign face materials according to DMS -8300 dated 5/16/2017, covere with premium anti -graffiti overlay with premask on both sides. (holes on vertical) EMERGENCY VEHICLE (W11-8) 36 in x. 36 inYellow fahncated from 0.080- 95 gauge aluminum alloy 5052-038, Type E sign face materials according to DMS -8300 dated 5/16/2017, cuverenVilt covepremium anti -graffiti overlay with premask on both sides. (holes on vertical) UNIT I QUANITY COST I I I %2CH Mi). I 1 Er' I 3 _'0,4.13Sq ,g._, I) A 8 I I 14)4441 b R.(1(01 EA 3 TOTAL EA EA TWO SEPARATE ARROWS POINT DUb1 raj@45 DEGREES----- (WI90 in fabricated from 0.080 -gauge aluminum alloy 5052-038, T� _) 30 in x 30 materials according b DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with prernask on both sides. (holes on vertical FA TWO SEPARATE ARROWS POINT DOWN @45 DEGREES {4V12-1) 36 in x 36 97 r in fabricated from 0.080 -gauge aluminum alloy 5052-038, T2LeJi.sign face I materials according to DMS -8300 dated anti graffiti overt- 5/16/2017, covered withpremium m �°• Ywith premask on both tides, (holes on vertical) 10 M.P.H. (W13-1) 18 in x 16 in fabricated from 0.080 -gauge alum num 9;, I alloy 5052-038, T1,psign face materials according to DMS 3300 dated l 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vert cal) _ __ 15 M.P.H (W13-1) 18 in x 18 .n Yellow fabricated from 0.080 -gauge 99 aluminum alloy 5052-h38, Tvue E sign face materials according to DMS 8300 dated 5/16/2017, covered wr h premium anti -graffiti overlay with premask on both sides. (holes on vertical) LA 20 M P.H (W13.1) 18 in a 18 in Yellow fabricated from 0.080 -gauge 100 aluminum alloy 5052-038, Type E sign face materials according to DMS 8300 dated 5/16/2017, co-70-Zirwith premium anti -graffiti overlay with premask on both sides (holes on vertical) CA I DEAD END (W14-1) 30 in x 30 in Yellow fabricated from 0.080 -gauge 101 aluminum alloy 5052-038, Type E sign face materials according to OMS - 8300 dated 5/16/2017, covere with premium anti -graffiti overlay with premask on both sides. (holes on vertical) r DEAD END (W14-1) 35 in a 36 in Yellow fabricated from 0 050 aluminum alloy 5052 H38, T• a gauge 102 �E sign face materials according to DM5- 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with I EA premask on both sides (holes on vertical) 1 NO OUTLET (W14-2) 30 in x 30 in Yellow fabricated from 0.080-gauge t aluminum alloy 5052-038, Tyne F sign face materials according to DMS I103 1 8300 dated 5/16/2017, covered with prernium anti -graffiti overlay with I.A premask on both sides. (holes on vertical) 1 EA -- -Custer-Prodel -CtSr . Jackson, MS 3?'2821 ( 8 IAP -140 i -Th rh I tO 16(010 I cfc-o.sd 30 3 rq 01) �j ('°. (6a 199 Ag 4-(6o ta,96 33 Item Description NO OUTLET (W14 2) 36 in x 36 in Yellow fabricated from 0.080 -gauge IOr aluminum alloy 5052-H38,1rype E sign face materials according to DMS 8300 dated 5/16/2017, covePZ+L- •ith premium anti -graffiti overlay with premask on both sides. (holes on vertical) I CHILDREN AT PLAY (W15-1) 30 in x 30 Yellow fabricated from 0.080 -gauge 105 aluminum alloy 5052-838, Type F sign face materials according to DMS 8300 dated 5/16/2017, cov1576Mh premium anti -graffiti overlay with premask un both sides (holes on vertical) 1 CHILDREN AT PLAY (W15-1) 36 in x 36 in Yellow fabricated from 0.080- 106 gauge a u .inum alloy 5052 H38, Type E sign face materials according to DMS 8300 dated 5/16/2017, covery th premium anti graffiti overlay k.+ th premask on both sides (holes on vertical) SPEED HUMPS AHEAD (Vd17 1) 30 in x 30 in Yellow fabricated from 0.080 107 gauge a'uminum alloy 5052 838, Type E sign face materials according to OMS 6300 dated 5/16/2017, covered with premium anti -graffiti overlay :with prernask ori both sides. (boles on vertical) OBJECT MARKERS (0M-33) 12 in x 36 in Yellow and Black fabricated from 108 0 080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti LT graffiti overlay with premask on both sides. (holes on vertical) OBJECT MARKERS (OM -3L) 12 in x 36 in Yellow and Black fabricated from 109 0.080 -gauge aluminum alloy 5052-833, T ign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti- CA graffiti overlay with premask on both sides. (holes on vertical) END OF ROAD MARKERS (OM4-2) 18 in x 13 in Non -Reflective Black (I Background with 9 Red fabric ted from 0.080 -gauge aluminum alloy 5052 110 H38, Type F sign face material; according to - 00 dated 5/16/2017, covered with prem urn anti -graffiti overlay with premask on both sides LA (holes on vertical) END OF ROAD MARKERS (OM 2) 18 in x 18 in Non -Reflective Black III Background with 9 Yellow fabr aced from 0.080 -gauge aluminum alloy I ( 5057 H33, Type E sign face matnnals according to DMS 83000 dated 5/16/2017, covered with premium anti graffiti overlay with I EA premask on both sides. (holes on ve-tical) UNIT QUANITY EA EA 112 WARNING - NEIGHBORS ON WATCH - CORPUS CHRISTI POLICE (24 in x 24 in) fabricated from 0.080 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DM5-8300 dated 5/166/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 2 HR PARKING - 8 A.M 6 P M W/DBL ARROW WEEKDAYS (18 in x 24 in) white background with green legend fabricated from 0 080 -gauge 113 aluminum alloy 5052-H33, Type C sign face materials according to DM5 i 8300 dated 5/16/2017, covereo w.rth premium an.i-graff ti overlay with premask on both sides (holes on vertical) 2 HR PARKING - 7 AM -7 PM W/DBL ARROW DAILY (18 in x 21 in) white background with green fabricated from 0.030 -gauge aluminum alloy 5052 l4 H38. Type C sign face materials according to 0'A5-3300 dated 5/16/X1 covered with premium anti-graffit overlay with premas-t on both sides (holes on vertical) A 25 30 30 COST TOTAL gg Custom Products Corp. P.O. Bax; Jackson, M S 2 —4C Item Description 115 UNIT / QUANITY NO PARKING COMMERCIAL LOADING ZONE 8.00 AM — 6:00 PM EXCEPT SUNDAYS TOW AWAY ZONE (18 in x 181n) red and white legend fahricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS 8300 dated 5/16/2017, covered with premium anti - graffiti overlay with premask on both sides. (holes on vertical) NO PARKING SYiv1BOL 7 AM —3 PM, W/DBL ARROW SCHOOL DAY ONLY (18 in x 24 in) fabricated from 0 080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -S300 dated 5/16/2017, covered with FA premium anti -graffiti overlay with premask on both sides. (holes on vertical) EA COST TOTAL i35o L40.50 R ul 53,50 EA N0 PARKING SYMBOL 7 TO 9 AM W/DBL ARROW WEEKDAYS ONLY (18 in x 24) fabricated from 0.080 -gauge aluminum alloy 5052-1138, Type C sign 117 face materials according to DMS -8300 elated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) NO PARKING SYMBOL WIDBL ARROW BUS STOP ONLY (12 in :: 24 in) IIB ) fabricated from 0.080 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered withpremium anti -graffiti overlay with premask on both sides. (holes on vertical) 119 120 NO PARKING SYMBOL TOW -AWAY ZONE +Ar/DBL ARROW (18 in x 24 in) fabricated from 0.080 -gauge aluminum alloy 505.2-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides, (holes on vertical) NO PARKING SYMBOL ANYTIME W/DBL ARROW (18 in x 24 in) fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -3300 dated 5/16/2017, covered with premium anti - graffiti overlay_vi_h premask on both sides (holes on vertical) FA b SHARE THE ROAD IT'S THE LAW sign 24 x 24 fabricated from 0.080 gauge 1 I aluminum alloy 5052-1138, Type C sign face materials accord ng to DMS- 8300 dated 5/16/2017, covered with premium anti -graffiti o relay with premask on both sides (holes on vertical) NOTICE THIS AREA UNDER SURVEILLANCE NO LI-HERING VIOLATORS WILI ,n BE PROSLCUTED, 30 x 24, fabricated from 0,080 -gauge aiumurn alley 122 5052-H38, lype C sign fare materials according to DMS 8300 dated 5/166/2017, covered with premium anti graffiti overlay with premask on oth sides. (holes on vertical) f i AHEAD (SW16-9P) 24 in x 12 in Yellow -Green fahricated from 0 080-gauge1 1 123 aluminum alloy 5052-H38, Type E sign face materials according to DMS 8300 dated 5/16/2017, covere ith premum anti -graffiti o,.erlay with III EA premask on both sides (holes on vertical) j A r A 3 361 Co 5v 5S SO AHEAD (W16 -9P) 24 in x 12 in Yellow fabricated from 0.080 -gauge i 24 aluminum alloy 5052-1138, Type E sign face materials acco•drng to DMS - 8300 dated 5/16/2017, coder`etl with premium anti graffiti overlay with f' premask on both sides (holes on verti al) DIAGONAL ARROW (SW16-713) 24 n x 12 in Yellow -Gree fabr ated frorn i'25 j 0.080 -gauge aluminum alloy 5052-1138 Type E sign face materials according to DIMS -8300 dated .5/16/7017, covered with premum anti graffiti overlay with premask on both s des (holes on te'tical) DIAGONAL ARROW t; - .. (V16-7PJ 24 in x 12 in Yellow fabr :ated from 0.080- 176 gauge aluminum alloy 5052-1138, Type E sign face materials according to DIMS -8300 dated 5/16/2017, covered with premium anti g-affiti overlay I with premask on both sides. (Hales on vertical) EA 30 8 fMASUj G 1.011 Custom Products Co _, RC Bax 54.9 Jackson, MS 3C260-4 II Item 127 Description TURN ARROW (5W15 -5P) 24 in x 12 in Yellow -Green fabricated from 0.030 - gauge aluminum alloy 5052-1138, Type E sign face materials according to DMS -8300 dated 5/16/2017, covered v:ith prernium anti -graffiti overlay with premask on both sides (holes on vertical) TURN ARROW (1V15-511 24 in x 13 ir, Yellow fabricated from 0.080 gauge 123 aluminum alloy 5052-H38, i ype E sign face materals according to OMS- , 8300 dated 5/16/2017, covwith premium anh-graffiti overlay with premask on both sides. (holes on vertical) TURN ARROW (SW15 6P) 24 in x 12 in Yellow: -Green fabricated from 0 080- 129 gauge aluminum alloy 5052.-H38, Type E sign face materials according to DMS -3300 dated 5/16/2017, covere w rh premium anti -graffiti overlay with premask on both sides. (holes on vertical) 1330 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) TURN ARROW (W16-5?) 24 in x 18 in Yellow fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS 131 SCFIOOL (54-3P) 24 in x 8 to Yellow -Green fabricated from 0.080 -gauge aluminurn alloy 5052-H38, Ty,sign face materials according to DMS - 8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) 137 WHEN FLASHING (S4 -4P) (24 10 in) fabricated from 0.080 -gauge aluminum alloy 5052-H3., Type C .ign face materials according to DMS - 8300 dated 5/16/2017; coverewith premium anti -graffiti overlay with premask on both sides (holes on vertical) UNIT QUANITY LA 3 FA SCHOOL SPEED LIMIT' SPEED LIMIT 15 WHEN FLASHING (55-1) (24 in x 43 in) Yellow -Green fabricated from 0.080 -gauge aluminum alloy 5052-H38, 133 Type E sign face materials according to DM5-8300 dated 5/16/2317, covered with premium anti -graffiti overlay with premask on both sides. (holes an vertical) SC11001. SPEED LIMIT" SPEED LIMIT 20 WHEN FLASHING (55-1) (74 in x 48 j in) Yellow -Green fabricated from 0.080 -gauge aluminum alley 5052-H33, 134 Type E sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes an vertical) SCHOOL SPEED LIMIT" SPEED LIMIT 25 WHEN FLASHING (55-1) (24 in x 48 in) Yellow -Green fabricated from 0.080 -gauge aluminum alloy 5052-H38, 135 Type Ls,jgpce materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask or. both sides (holes an vertical) SCHOOL SPEED LIMIT' SPEED LIMIT 30 WHEN FLASHING (SS -1) (24rnx48 in) Yellow -Green fabricated from 0.030 -gauge aluminum alloy 5052-H38, Type 136 E sign face materials according to DMS -8330 dated 5/16/2017, covered vn h premium anti -graffiti overlay with premask on both Sides. (holes on vertical) --( SCH00L SPEED LIMIT" SPEED LIMIT 35 WHEN FLASHING (55-1) (.24inx44jn) Yellow -Green fabricated from 0 080 -gauge aluminum alloy 5052-H38, Type 137 E sign face materials according to DMS -3300 dated 5/16/2017, covered witpremium anti -graffiti overlay with premask on both sides. (holes on j vertical) 138 SCHOOL (51-1) 30 rn x 30 in Yellow -Green fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face materials according to DMS 8300 dated 5/16/2017, cov;7;2771h premium anti -graffiti overlay with premask on both sides. (holes on vertical) FA EA EA En EA c A. 3 40 COST TOTAL 13 .aalcck_IC aa)J(0(9_06 dol .0 8 40 P '3 9%000 cse so 370,(1 Custom Produc P0, s Corp. + C sT—sour MrS 30288-4CJ;,, rr Item Description sign END SCHOOL ZONE (55-2) 24 in x 30 in fabricated from 0.080 -gauge aluminan alloy,! 5052-H38, Type C sig face materials according to DMS 139 8300 dated 5/15/2017, covered with premium anti -graffiti overlay with premask on both sides. (holes on vertical) SUMMER SCHOOL HOURS 7:15 —8:15 AM 2:45 —3:45 PM 12 40 fabricated from 0.030 -gauge aluminum alloy 5052-1138, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premr ,rr anti -graffiti overlay with premask on both sides. (holes on vertical) SCHOOL 10 MPH ZONC W/08L ARROW 4 x 24 from 0 080 -gauge aluminum alloy 5052-H38, Type II5 sign face ow Green fabricated i4 according to DMS -8300 dated 5/16/2017, coe 't *earwth premium anti- grahti overlay with prernask on both sides. (holes on vertical) SCHOOL 15 MPH ZONE W/0 81 ARROW 24 x 24 Yellow -Green fabricate 142 from 0.080 -gauge aluminum alloy 5052-H38, Type E sign face material: according to OMS -8300 dated 5/16/2017, covered with premium anti graffiti overlay with prernask on both sides. (holes on vertical) SCHOOL 20 MPH ZONE W/DBI ARROW 2 4 x 24 Yellow -Green fabricated 143 from 0.080 -gauge aluminum a Ioy 5057.H38, Type E sign face materials I according to DMS -8300 dated 5/16/2017, co>Ilzmt NVith premium anti - graffiti overlay with premask on both sides (holes on vertical) —II I SCHOOL TIME PLATES (54-1P) 7:15-S:155 A.M _ 2•45-3:45 24 x 10 fabricated 1from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials t I according to DMS -3300 dated 5/16/2017, covered with premium anti - graffiti overlay with premask on both sides. (holes on vertical) WHEN CHRIDREN ARE PRESENT (54-29) 24 x 10 fabricated from 0.080- 145 gauge aluminum alloy 5052-H3S, Type C sign face materials according to DMS -8300 dated 5/16/2017, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) MON-FRI (54-6P) 24 x 10 fabricated from 0.080 -gauge aluminum alloy 5052-H38, Type C sign face materials according to DMS -3300 dated 5/16/2011, covered with premium anti -graffiti overlay with premask on both sides (holes on vertical) I46 CELL PHONE USE PROHIBITED UP TO 5200 FINE S7 -1T 24 x 18 fabricated from 0.080 -gauge aluminum alloy 5052-433, Type C sign face rna:eriafs '47 according to DMS -8300 dated 5/16/2017, covered with premium anti graffiti overlay with premask on both sides. (holes on vertical) KEEP THE CFIANGE 18 x 24 (text sizes are h than 1.5 inch than 1 inch 148 fabricated from 0.080-gaoge aluminumaluminumalloy 5052.-H388, Type 0 sign face materials according to 0M5-8300 dated 5/16/2017, covered with premium I anti-graffru overlay with prernask on both sites. (holes on vertical) Total UNIT FA A EA EA EA QUANITY COST TOTAL F_\%0 \\Gvao a 31-,q) j I cawssgcbb ,tY1,a�l 3c4 1 c.DIBR-,..(00 jrij ,sQt Custom Products Corp P.O. Box 54099 Jr ac�csen, MS 3�'2138-4 C: )., Attachment C - Insurance 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. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been so 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of This Exhibit. $500,000 / $500,000 / $500,000 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 such accidents within 10 days of the accident. 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 Worker's Compensation. 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 certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. • 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. 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 contract. 2017 Insurance Requirements Purchasing Streets Department Traffic Signs Manufacturing and Installation 07/21/2017 sw Risk Management ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this service agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Custom Products Corporation Jackson, MS United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-271436 Date Filed: 10/12/2017 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. RFB 1061 Traffic Signs for Street Department 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. •'•••pF MIS.c� ' . 6 AFFIDAVLI,<b, •••*IOLq ' CO:'\,P * 2 NOTARY PuELIC O * x ID No. 116162 rn j Commission Expires : °• 6 April 28. 2020 • AFFIX NO'FAI TAMP•/• f�OVE AG/1/ COU ' Sworn to and subscribed before me by the said II I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. -StTiature of authorized agent of contracting business entity le filC( 20 I , to certify which, witness my hand and seal of office. Signature . officer . dministering oath , this the 1 day of AuexovAdr / Printed name of officer admi istering oath Title of officer administering oath Fvniia Niuviueu uy Iexas trnlcs uommission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 14, 2017 Action Item for the City Council Meeting of December 12, 2017 DATE: November 3, 2017 TO: Margie Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Interlocal Agreement with Corpus Christi Independent School District CAPTION: Resolution authorizing the City Manager to execute an Interlocal Agreement with Corpus Christi Independent School District (CCISD) regarding use of CCISD facilities for City Latchkey and other City programs and regarding use of City facilities for CCISD programs; and authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with CCISD regarding the Natatorium to amend provisions pertaining to capital improvements for the Natatorium. PURPOSE: To enter into an Interlocal Agreement with CCISD for use of CCISD facilities by the City Latchkey Program and other City programs and regarding use of City facilities for CCISD programs, including the American Bank Center; and executing Amendment No. 2 to the Interlocal Agreement with CCISD regarding the capital improvements at the Natatorium. The Agreement states the terms and conditions under which CCISD provides facilities and services for City programs and the use, by CCISD of City property and facilities, including the American Bank Center. BACKGROUND AND FINDINGS: The City of Corpus Christi and CCISD have a long partnership of cooperation with our various programs. This year, CCISD notified the City of Corpus Christi Parks and Recreation Department, prior to the beginning of the department's summer programming, that, due to escalating facility expenses, they could no longer provide the use of their facilities for our programming, such as Latchkey and Athletics without charging fees. This Agreement includes the list of fees and charges applicable to the various programs and events for both the City and CCISD, including the American Bank Center. In January of this year, it was necessary to increase fees for the Latchkey Program to maintain staffing levels and provide program enhancements. The Latchkey Program fees have historically been lower than those throughout the community, providing families with an enriching, safe, convenient and economical option for afterschool, school breaks and summer programs. The facility fees, already being invoiced to the City by CCISD, will eventually result in additional fee increases. Due to the fee increase in January, and to avoid creating an undue burden on families, we chose not to raise fees for the program beginning in September. In late December, the Parks & Recreation Department will make a financial assessment of the first quarter. The City and CCISD currently have various Interlocal Agreements for Latchkey, Summer Transportation and Summer Food Programs in place. This Interlocal Agreement includes these various programs. The term for the Agreement will be retroactive to September 1, 2017. It has a term of ten years and will renew for successive five-year terms by mutual consent and written amendment. The Latchkey and Summer Transportation Agreements will continue their effective dates, until this Agreement is in place. The Summer Food Program will continue in effect until its termination date. Included with this item is Amendment No. 2 to the Intergovernmental Agreement for the Natatorium and Gymnasium, located at 3202 Cabaniss Parkway. The Amendment revises the provisions regarding capital improvements of the "District Improvements" allowing for the consideration of the City's budget timeline and requires time frames for notification and review of emergency or planned repairs/improvements. In addition, the capital improvements or repairs for joint use or the District Improvements now provides specific language for consultation with the City prior to any District bond election or District contract for capital improvements. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all Interlocal Agreements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Parks and Recreation 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 0 0 0 Encumbered/ Expended Amount 0 0 0 This item 0 0 0 BALANCE 0 0 0 Fund(s): General Fund Comments: Interlocal Agreement and Amendment No. 2 will be effective, retroactive to September 1, 2017. RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Amendment No. 2 to the CCISD-City Interlocal Agreement for the Natatorium and Gymnasium Resolution authorizing the City Manager to execute an Interlocal Agreement with Corpus Christi Independent School District (CCISD) regarding use of CCISD facilities for City Latchkey and other City programs and regarding use of City facilities for CCISD programs; and authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with CCISD regarding the Natatorium to amend provisions pertaining to capital improvements for the Natatorium Now, therefore, be it Resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Corpus Christi Independent School District regarding use of facilities. A copy of the Agreement is on file with the office of the City Secretary. Section 2. That the City Manager or designee is authorized to execute an Amendment No. 2 to the 1993 Intergovernmental Agreement with Corpus Christi Independent School District to Construct, Maintain, and Operate a Natatorium and Gymnasium in order to amend provisions pertaining to capital improvements for the Natatorium. A copy of Amendment No. 2 is on file with the office of the City Secretary ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 1 INTERLOCAL AGREEMENT This Agreement made and entered into this day of , 2017, by and between the Corpus Christi Independent School District, hereinafter referred to as "CCISD", and the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the CCISD and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and CCISD represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the CCISD and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by CCISD and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement"): 1. PURPOSE OF AGREEMENT The purposes of the Agreement are to state the terms and conditions under which CCISD provides facilities and services for City programs and to state the terms and conditions for CCISD's use of City property and City facilities including the American Bank Center. 2. DUTIES OF THE PARTIES A. CCISD agrees to make CCISD property available for City programs such as Latchkey, youth sports, and adult sports under the terms and conditions as outlined on attached Exhibit A for City Latchkey programs, and for City athletics. B. CCISD agrees to provide transportation services for City programs such programs under the terms and conditions as outlined on attached Exhibit B. C. CCISD may agree to provide meals for City youth programs under separate negotiated agreement(s). D. The City agrees to provide its property, including the American Bank Center, for CCISD Events under the terms and conditions outlined on attached Exhibit C. 3. TERM AND TERMINATION This Interlocal Agreement shall have a ten year term and shall be effective as of September 1, 2017. The agreement shall renew for successive five-year terms upon mutual consent and written amendment by the parties. This agreement may be terminated in whole or in part at any time by either party upon twelve months' written notice to the other party, or as mutually agreed upon by the parties. 4. PRIOR AGREEMENTS A. The parties agree that the prior Interlocal Agreement between the parties regarding the Latchkey Program (City of Corpus Christi Contract Number 2012-369) has continued in effect until the effective date of this Interlocal Agreement. B. The parties agree that the prior Interlocal Agreement between the parties regarding the Summer Transportation Program continues in effect until the effective date of this Interlocal Agreement. C. The parties agree that the prior Interlocal Agreement between the parties regarding the Summer Food program continues in effect until its termination date. 5. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO CCISD: Copy to: TO THE CITY: Brigitte M. Clark Chief Administrative Officer for CCISD 801 Leopard Street Corpus Christi, Texas 78403-0110 Brian S. Nelson General Counsel for CCISD 801 Leopard Street Corpus Christi, Texas 78403-0110 The City of Corpus Christi Director of Parks and Recreation P.O. Box 9277 Corpus Christi, Texas 78469-9277 2 3 INDEMNIFICATION CCISD and City agree that both CCISD and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign governmental immunity available to either party under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 7. FISCAL FUNDING In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 8. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 9. NONDISCRIMINATION Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 10. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 11. DEFAULT/WAIVER/MITIGATION Default shall mean noncompliance with the terms of this Agreement or its exhibits. In the event of any default, the non -defaulting party may provide written notice of said default, and provide opportunity to cure, at least 90 days. It is not a waiver of default if the non -defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 12. HEADINGS The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation or construction of such provision. 13. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 4 14. MERGER AND INTEGRATION This Agreement and exhibits, if any, attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. 15. REMEDIES In the event of any default, the non -defaulting party may provide written notice and at least 90 days to cure. If the default remains uncured, then the nondefaulting party may terminate this Agreement without penalty. This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 16. AMENDMENT This Agreement may be amended in writing by duly authorized officials of City and District. Modifications which do not change the essential scope and purpose of this Agreement may be approved by the City Manager on behalf of the City, and by the Superintendent on behalf of District. 17. APPROVAL AND EFFECTIVE DATE This agreement is expressly subject to and contingent upon formal approval by CCISD and its Board of Trustees, if applicable, and by resolution of the Corpus Christi City Council. The effective date of the Agreement is September 1, 2017. IN WITNESS WHEREOF this Agreement has been executed on behalf of the CCISD and the City of Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI By: Margie C. Rose City Manager Date: ATTEST: By: Rebecca Huerta, City Secretary APPROVED AS TO FORM: By: Lisa Aguilar, Assistant City Attorney For City Attorney 5 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Roland Hernandez, Ph. D. Superintendent Date: Approved by: Brigitte Clark Chief Administrative and Financial Officer Date: Approved by: Arnulfo Gonzalez Director of Purchasing Date: Approved as to Legal Form: By: Brian S. Nelson General Counsel for CCISD Date: EXHIBIT A PAGE 1 REGARDING TERMS AND CONDITIONS FOR USE OF CCISD FACILITIES 1. CCISD agrees to provide school buildings and playground facilities for the City programs subject to availability of CCISD facilities. This includes building utilities such as water, gas, electricity; use of tables, chairs, televisions and DVD players (if available); and access to telephones for emergency calls, and to playground facilities. CCISD will provide access to sufficient number of restrooms to meet site capacity. 2. CCISD agrees to conduct joint site inspections with the City to determine compliance with applicable safety codes. At the date and time agreeable to CCISD, this includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and safety equipment. The City must immediately report to CCISD any known damage to the CCISD facility that occurs while in use for the City program. 3. CCISD agrees to provide reasonable health care supplies, including lined trash cans, soap, paper towels, and toilet paper for each site. 4. CCISD agrees to provide reasonable daily custodial maintenance which may include the emptying of trash containers, sweeping and mopping of floors, and cleaning of all space utilized by the City program. 5. Once the parties have identified a location and schedule for the City program at the CCISD location, then the City program shall not be relocated, except upon at least 24 hours advance prior written approval from both the City and CCISD. However, no relocation of the program is to occur between 3:30 p.m. and 5:00 p.m. 6. The City is responsible for administration of the entire City programs, including setting and collecting fees, providing and monitoring rules and regulations related to student discipline; replacing items that are damaged during the City programs. 7. The City will reimburse CCISD for the damage or loss at replacement value of any damage which occurred during the City use of the property for the Latchkey or other City program. CCISD will provide proof of value of damaged or lost items by providing the City with any or all of the following: fixed asset records, purchase order, or copies of invoice. 8. The City shall be responsible for all City program activities including arts and crafts and structured recreational play. 9. During the City programs at CCISD facilities, the City shall provide the following: cleaning the tops of tables and placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture and fixtures to their original arrangements. For safety purposes, City personnel will be instructed to not place chairs on top of tables. 10. City staff will prohibit the use, sale or possession of tobacco products, alcoholic beverages, illegal drugs, and firearms on school property by staff, students, parents and other visitors. 11. The City will maintain all licenses as may be required by the State of Texas. Monitors for City programs licensed by the State may make random visits to determine compliance with State guidelines. CCISD may request and City will provide a copy of any State issued certification or license for the City program conducted at the CCISD facility. EXHIBIT A PAGE 2 REGARDING TERMS AND CONDITIONS FOR USE OF CCISD FACILITIES 12. Site selection is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrooms, janitorial service availability, and other criteria as determined by the CCISD and the City's Park & Recreation Department. Current space requirements for the City Latchkey program are a minimum of 30 square feet of indoor play space per child. If the City is cited for licensing violations that are due to facility non-compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date established in the citation unless the CCISD chooses to remedy the non- compliance at its cost or allows the City the right to implement non- structural remedies at its cost. All activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the CCISD pursuant to this Interlocal Agreement. 13. CCISD does not give up ultimate control of the facilities and retains the right to enforce all necessary laws, rules and regulations, as well as the right to make announcements as CCISD may deem necessary in the interest of public safety. The City will cooperate and cause its agents and employees to cooperate with the delivery of such announcements. 14. FEES FOR USE OF CCISD FACILITIES. Starting on the first day of school in a given CCISD school calendar year, the City shall be invoiced by CCISD for 100% of CCISD electricity costs for the various CCISD facilities used for City programs, based upon the hourly rate schedule provided by CCISD to the City at the start of the CCISD school year. CCISD will invoice the City at the end of each calendar month based upon the City's actual hourly use of the CCISD facility. The hourly rate schedule for City Latchkey program during the 2017-2018 CCISD school year is attached as "CCISD Latchkey Use of District Facilities 2017-2018". The CCISD facilities hourly rates for other City programs are listed on attached "Facility Fee Schedule 2017." City Latchkey Use of District Facilities 2017-2018 Zone Chg Hours Cost/Day It Days Total Cost Barnes Afterschool 9-1-17 / 5-30-18 $21.34 12 3 $64.02 176 $11,267.52 Berlanga Afterschool 9-1-17 / 5-30-18 $21.34 12 3 $64.02 176 $11,267.52 Calk -Wilson Afterschool 9-1-17/5-30-18 $21.34 12 3 $64.02 176 $11,267.52 Calk -Windsor Pk Afterschool 9-1-17 / 5-30-18 $12.67 12 3 $38.01 176 $6,689.76 Club Estates Afterschool 9-1-17 / 5-30-18 $11.67 3 $35.01 176 $6,161.76 Dawson Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Galvan Afterschool 9-1-17 / 5-30-18 $15.00 3 $45.00 176 $7,920.00 Garda Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Hicks Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Houston Afterschool 9-1-17/5-30-18 $16.34 3 $49.02 176 $8,627.52 Jones Afterschool 9-1-17 / 5-30-18 $15.00 3 $45.00 176 $7,920.00 Kolda Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Meadowbrook Afterschool 9-1-17 / 5-30-18 $15.67 3 $47.01 176 $8,273.76 Menger Afterschool 9-1-17 / 5-30-18 $13.34 3 $40.02 176 $7,043.52 Metro -E Afterschool 9-1-17 / 5-30-18 $20.00 3 $60.00 176 $10,560.00 Mireles Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Montclair Afterschool 9-1-17 / 5-30-18 $12.67 3 $38.01 176 $6,689.76 Moore Afterschool 9-1-17 / 5-30-18 $14.67 3 $44.01 176 $7,745.76 Sanders Afterschool 9-1-17 / 5-30-18 $14.34 3 $43.02 176 $7,571.52 Schanen Afterschool 9-1-17 / 5.30-18 $14.34 3 $43.02 176 $7,571.52 Smith Afterschool 9-1-17 / 5-30-18 $14.00 3 $42.00 176 $7,392.00 Webb Afterschool 9-1-17 / 5-30-18 $21.34 3 $64.02 176 $11,267.52 Woodlawn Afterschool 9-1-17 / 5-30-18 $13.34 3 $40.02 176 $7,043.52 Yeager Afterschool 9-1-17 / 5-30-18 $14.67 3 $44.01 176 $7,745.76 Total Afterschool Latchey 216,363.84 Galvan Thanksgiving Break 11-20-17 / 11-24-17 $15.00 3-4-5 Art/Music/Cafe 12 $180.00 5 $900.00 Total Thanksgiving Break $900.00 Galvan Winter Break r2-1847/12-29-17 $15.00 3-4-5 Art/Music/Cafe 12 $180.00 9 $1,620.00 Total Winter Break $1,620.00 Galvan Spring Break 3-12-18 / 3-16-18 $15.00 3-4-5 Art/Music/Cafe 12 $180.00 5 $900.00 Total Spring Break $900.00 Dawson Summer 6-11-18 / 8-4-18 $21.34 3-4-5-12 Art/Music/Cafe/Dat 12 $256.08 40 $10,243.20 Galvan Summer 6-11-18 / 8-4-18 $15.00 3-4-5 Art/Music/Cafe 12 $180.00 40 $7,200.00 Hicks Summer 6-11-18 / 8-4-18 $21.34 2.3.7.9.10Art/Music/Cat6/AR/CRs 12 $256.08 40 $10,243.20 Smith Summer 6-11-18 / 8-4-18 $14.00 Enure Campus 12 $168.00 40 $6,720.00 Total Summer Latchkey 34,406. 1 Total Energy $254,190.241 Elementary Schools Facility Fee Schedule 2017 Cafeteria Library Classrm Gym All Zones Allen $32 $25 $32 $63 $51 Barnes $38 $32 $32 $32 $64 Berlanga $38 $32 $32 $32 $64 Calk $25 $19 $25 $32 $42 Club Estates $25 $19 $25 $32 $42 Crockett _ $32 $25 $32 $32 $51 Dawson $38 $32 $32 $32 $64 Evans $34 $24 $34 $32 $52 Fannin $25 $19 $25 $32 $42 Galvan $25 $19 $32 $63 $42 Garcia $38 $32 $32 $32 $64 Gibson $25 $19 $25 $32 $42 Hicks $38 $32 $32 $64 Houston $25 $19 $32 $42 Jones $25 $19 $25 $42 Kolda $38 $32 $32 $64 Kostoryz $32 $25 $25 $51 Los Encinos $25 $19 $25 $42 Meadowbrook $25 $19 $32 $42 Menger $25 $19 $25 $42 Metro E $32 $25 $25 $32 $51 Mireles $38 $32 $32 $51 Montclair $25 $19 $25 $42 Moore $25 $19 $32 $42 Oak Park $38 $32 $32 $64 Sanders $32 $25 $25 $51 Schanen Estates $32 $25 $38 $51 Shaw $32 $25 $32 $51 Smith $32 $25 $32 $51 Travis $25 $19 $25 $42 Webb $38 $32 $32 $64 Wilson Windsor Park $25 $19 $25 $42 Woodlawn $32 $25 $32 $51 Yeager $25 $19 $32 $42 Zavala $38 $32 $32 $64 Facility Rentals: + 2 hours cool down Middle Schools Cafeteria Library Classrm Gym All Zones Adkins $32 $25 $63 $63 $120 Baker $32 $25 $25 $32 $88 Browne $32 $25 $63 $32 $88 Cullen $32 $25 $25 $32 $75 Cunningham $32 $25 $25 $32 $75 Driscoll $32 $25 $32 $32 $120 Grant $32 $25 $38 $32 $95 Haas $32 $25 $38 $32 $95 Hamlin $32 $25 $25 $32 $78 Kaffie $63 $25 $63 $63 $120 Martin $32 $25 $38 $32 $76 South Park $32 $25 $25 $32 $88 High Schools Excludes Cafeteria Classrm Old Gym New Gym All Zones Carroll $38 $63 $38 $38 $177 King $63 $63 $63 $38 $185 Miller $38 $114 $38 $38 $205 Moody $63 $88 $63 $38 $219 Ray $38 $88 $63 $38 $222 Veterans $63 $63 $63 $63 $250 No Public Auditorium Rentals $ 65.00 Other Cafeteria Assembly Classrm Gym Excludes (Zur All Zones Admin. Bldg $2,400 10,000 Cabaniss Football $2,400 $35 Branch $38 $38 $1,000 $64 Coles $25 $63 $45 $665 $88 Lamar $25 50 $25 $200 $45 Grett / Lozano $25 $25 $45 Sports Events Base Avg Seats Buc Stadium $2,400 10,000 Cabaniss Football $2,400 8,000 Cabaniss Baseball $1,000 Cabaniss Softball $1,000 Cabaniss Soccer $1,025 High School Basketball $665 1,325 High School Baseball $200 50 High School Soccer $200 50 Portables Covered Play Areas Tennis Court Lights Security/Police Custodians Metro E Auditorium Miller Auditorium Veterans Auditorium $15 per hour $25 per night $25 per hour $25/$25/hour - required over 100 people 3 hour minimum $25/hour - 3 hour minimum $38/hour seats 600 + Facilitator Charge $25/hr $1 14/hour seats 825 + Facilitator Charge $25/hr $65/hour seats 994 + Facilitator Charge $25/hr Ray Old Gym holds 1876, Carroll New 1304, King New 1381, Miller New 1329, Moody New 1350 11/10/2017 EXHIBIT B PAGE 1 TERMS AND CONDITIONS REGARDING CCISD TRANSPORTATION SERVICES 1. Services to be provided. CCISD shall review and consider requests to provide its CCISD school buses (including ADA accessible school buses) and CCISD-employed school bus drivers as needed by the City for transportation for City program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 2. Consideration. For City budget year 2017-2018, the City shall pay CCISD $2.00 per mile for each mile traveled from the CCISD's bus barn to the activity site and back to the CCISD's bus barn. In addition, the City agrees to pay $30 per hour per bus driver. In future City budget years, the price may be increased by up to ten (10) percent upon agreement of the Director of Parks and Recreation and the CCISD Superintendent. CCISD agrees to provide the City with at least 90 days advance written notice of any increases. This payment shall be full compensation to the CCISD for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the CCISD. 3. Billing. The CCISD shall bill the City on a monthly basis, except for summer. CCISD shall bill the City for entire summer program in one invoice. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. CCISD Bus Maintenance. The CCISD will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 5. CCISD Bus Drivers. The school bus drivers assigned by the CCISD to provide services under this Agreement shall be CCISD employees for all purposes. The school bus drivers are not City employees for any purpose. 6. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. As per licensing, buses must remain on site during Latchkey field trips. 7. Governmental Service. This Agreement is between the City and the CCISD for the purpose of providing transportation between the various City Program sites and activity sites. 8. Insurance. CCISD agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for CCISD of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. CCISD also agrees to provide worker's compensation coverage as required by law. In the alternative if CCISD is self insured, CCISD may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. EXHIBIT C PAGE 1 REGARDING TERMS AND CONDITIONS FOR USE OF CITY FACILITIES FOR CCISD EVENTS 1. The City agrees to provide its building facilities, including the American Bank Center, for required CCISD events, subject to availability and execution of separate rental agreement. This includes building utilities such as water, gas, electricity and access to telephones for emergency calls, use of tables, chairs, and restroom facilities which shall include all restroom supplies. The City will provide access to sufficient number of restrooms to meet site capacity. 2. The City agrees to provide the American Bank Center for the following annual CCISD events, at the indicated amounts for all items listed in paragraph 1 above for school year 2017-2018: CCISD Holiday Concert $5,007.00 B. CCISD Coastal Bend Area College Night & Career Expo $6,357.00 C. CCISD State of the District $9,657.00 D. CCISD Graduations $47,912.00 E. CCISD Teacher of the Year $3,957.00 This pricing is subject to basic staffing levels sufficient to provide adequate and safe operation of the American Bank Center based upon CCISD needs determined by the management company of the American Bank Center. Additional staffing requested by CCISD above and beyond basic staffing levels (such as but not limited to: camera personnel, concierge, merchandise sellers, EMT, house lighting technician, set/strike scaffolding) will result in additional labor costs. In addition, use of equipment (defined as but not limited to: tables, chairs, podium, table skirts, microphones, etc) will be separately charged along with labor costs in setting up the equipment. Additional expenses will be charged related to use of the American Bank Center, including, but not limited to, when applicable: • Advertising, catering, stagehands, production (sound & lights) and insurance. • Deposit of 25% at the time of booking. • 3% surcharge on credit cards used at the American Bank Center Box Office only. • $2 facility fee on each ticket sold. • Merchandise fee of 25% of net sales and 10% fee of CD/DVD net sales. • Applicable taxes. • Parking fee for patrons to park in American Bank Center parking Tots, currently $5 per space. All such costs for the use of the American Bank Center shall be increased in each year by the percentage change in the Consumer Price Index — All Urban Consumers (CPI -U) -- U.S. City Average — All Items, during the immediately preceding year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Government succeeding to its functions. 3. Other City facilities. Fees for all other City facilities will be charged at rates based on the standard City fee schedule for the facility, or if no standard fee schedule in effect for the facility, then a separate fee will be negotiated. 1 Amendment No. 2 to the Intergovernmental Agreement to Construct, Maintain, and Operate a Natatorium and Gymnasium Whereas, in March 1993, the Corpus Christi Independent School District ("the District" or "CCISD") desired to construct a Natatorium and related improvements ("the District Improvements") and the City of Corpus Christi ("the City") desired to construct a Gymnasium and related improvements ("the City Improvements") and the parties entered into an Intergovernmental Agreement for such purposes in 1993 ("the Intergovernmental Agreement"); Whereas, the Intergovernmental Agreement stated that "the District and City desire to combine resources and jointly construct the Natatorium and Gymnasium and the Joint Use Improvements"; Whereas, Exhibit A to the Intergovernmental Agreement identified the District Improvements, City Improvements, and the Joint Use Improvements (referred to as the "Joint Use Area"), and Exhibit A is attached to this Amendment No. 2 and made part of this Amendment No. 2; Whereas, the purpose of this Amendment No. 2 is to revise the provisions in the Intergovernmental Agreement regarding funding of capital improvements of the "District Improvements"; NOW, THEREFORE, THE DISTRICT AND CCISD agree to amend Section 4 of the Intergovernmental Agreement to read as follows, with changes reflected in redline text: 4. OPERATION AND MAINTENANCE 4.1 District shall operate and maintain the Joint Use Improvements and City shall reimburse District as set out herein. 4.2 City shall be responsible for operation and maintenance costs of City Improvements and District shall be responsible for operation and maintenance of District Improvements, except as otherwise set out herein. 4.3 District will provide property for construction of and access to the Project together with parking, landscaping, and utility infrastructure for the Project. 4.4 City will provide at its sole expense water, wastewater and gas services to the Project. An acceptable level of utility usage shall be determined jointly by City and District after the first complete year of operations. Utility usage shall be reviewed and may be adjusted annually by the City and District. District shall use said utilities conservatively. Excessive use of said utilities may result in an adjustment to the City's provision of utilities to the Project. 4.5 City and District shall enter into an annually approved schedule and budget for the joint use of the Project. The schedule and budget shall be approved on or before each fiscal year after the year in which the Project is completed and accepted. The annual budget will estimate the cost of eOperations, 144Maintenance and &Supplies for 2 City Improvements, District Improvements and Joint Use Improvements for each upcoming fiscal year and provide for District and City to share in said costs based on Sections 4.10, 4.11 and 4.12 herein. If actual expenses vary in excess of ten (10) percent annually that amount shall be added or subtracted at the end of the fiscal year and true -up payments shall be made to the party entitled thereto on or before September 1 of each year during the term of this Agreement. If capital improvements or repairs are necessary forJoint Use Improvements or the District Improvements, District (through its Superintendent) will notify City (through its City Manager) in writing of the needed capital improvements and repairs and estimated costs thereof by March 1 in order to be reviewed, and --budgeted and paid f-e-F—by the City on or before November 15 of that same year, which is the beginning of the wit -la -in the next City budget year (October 1 -September 30).a - +to-Fvicw. The District and the City share in the cost of capital improvements or repairs to the District Improvements and Joint Use Improvements as follows: District 65% and City 35%. If the repairs are of an emergency nature, the review, budget and payment period shall be shortened to such time as the City Manager and District Superintendent may agree upon in writing. If the repairs arc not Performance of such work shall be scheduled in a manner acceptable to both parties. District Superintendent agrees to consult with City Manager prior to any District bond election or District contract for capital improvements or repairs to the District Improvements or Joint Use Improvements for which City funding will be requested. 4.6 District shall allow City to use District Improvements to conduct public recreation programs and swim meets at all times that District does not have scheduled use of the District Improvements. 4.7 City shall allow District to use City Improvements at all times that City does not have scheduled use of the City Improvements. 4.8 Both City and District will separately pay forall staffing costs associated with their respective use of City Improvements and District Improvements. 4.9 following: Expenses of Operation, Maintenance and Supplies shall be defined to include the a) Operation: Reasonable expenses incurred daily, weekly or monthly, including but not limited to items such as cleaning, disinfecting, electricity and similar items which are regularly incurred, plus the salaries for custodians and other employees to perform the work. b) Maintenance: Reasonable expenses incurred for routine repairs to structures and equipment including but not limited to heating, cooling, ventilation and filtering plants, plumbing fixtures, electrical fixtures, and include reconditioning and repainting floors and walls. 3 Expenses incurred for non -routine repairs and/or replacement and capital improvements shall be presented to City and District for review and recommendation pursuant to 44 4.5 above. c) Supplies: Reasonable expenses incurred in connection with the use of the facilities such as brooms, mops, toilet supplies, soap, lights, lubricating oil, swimming pool chlorine and similar custodial supplies or items. d) No Capital Improvements, Debt Service, Insurance or General Administrative Costs are to be included as reasonable expenses within the definitions of Operation, Maintenance and Supplies set out above. 4.10 District and City shall pay a pro -rata share of the costs of Operation, Maintenance and supplies of the District Improvements, computed as follows: a) District shall pay for all Operation, Maintenance and Supplies expenses for the use period from August 15 through May 31 of any and all years that this Agreement is in effect, during which time the District shall be the "primary user." b) City shall pay for all Operation, Maintenance and supplies expenses for use period from June 1 to August 14 of any all years that this Agreement is in effect, during which time the City shall be the "primary user." c) If District's school year is altered from the current school year, the use periods will be adjusted but the ratios set out in a) and b) above will remain constant. d) Any costs associated with administration aquatic programs offered by District or City will be the sole responsibility of the respective parties. e) District shall control and will be responsible for, payment of all operations for Natatorium and Joint Use Improvements mechanical systems, including but not limited to, pumping, filtration and chemical systems, HVAC, utility infrastructure, etc. f) If for any reason, District Improvements are not sufficiently operable for City use, pro -rated adjustments to City use and provision of utilities will be made. 4.11 District and City shall pay for the costs of &Operation, Maintenance and &Supplies of the Joint Use Improvements, as follows: a) District 65% b) City 35% 4.12 District shall submit its annual itemized budget and prior year's operational expenses for District Improvements and Joint Use Improvements, pursuant to Sections 4.10 and 4.11, to City within sixty (60) days) days of District's budget being approved each year, in order to determine City's cost for City's Use Period, which payment shall be made within sixty (60) days of receipt. 4 4.13 City shall pay for Operation, Maintenance and Supplies of City Improvements. 4.14 Both District and City shall have a duty to maintain City Improvements, District Improvements and Joint Use Improvements during their control in a good and usable condition. This Amendment No. 2 is expressly subject to and contingent upon formal approval by CCISD and its Board of Trustees, if applicable, and by resolution of the Corpus Christi City Council. The effective date of the Amendment No. 2 is September 1, 2017. IN WITNESS WHEREOF this Amendment No. 2 has been executed on behalf of the CCISD and the City of Corpus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI By: _ Margie C. Rose City Manager Date: ATTEST: By: Rebecca Huerta, City Secretary APPROVED AS TO FORM: By: Lisa Aguilar, Assistant City Attorney For City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Roland Hernandez, Ph. D. Superintendent Date: Approved by: Brigitte Clark Chief Administrative and Financial Officer Date: Approved by: Arnulfo Gonzalez Director of Purchasing Date: Approved as to Legal Form: By: Brian S. Nelson General Counsel for CCISD Date: 5 o 0 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/14/2017 Action Item for the City Council Meeting of 12/12/2017 DATE: TO: October 27, 2017 Margie C. Rose, City Manager FROM: Steven Viera, Director of Human Resources SteveV@cctexas.com (361) 826-3445 Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on September 30, 2019). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. On December 16, 2014, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2015. On December 16, 2015, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2016. On December 13, 2016, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2017. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2015 through September 30, 2019. OTHER CONSIDERATIONS: For calendar year 2018, the rate calculated by TMRS under the Ad Hoc provision is 11.10% however the City budgeted and was contributing 20.46% since January 2017 thru December 31, 2017. In January 2018, the City will increase its contribution to 22.46% to address the liability issue. The City will continue to increase this amount by 2% ever year to get back to an annual repeating contribution. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency, Ordinance - Two readings (11/14/17, 12/12/17) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation of the System. Section 3. Effective Date Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2018. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: 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 TEXAS MUNICIPAL RETIREMENT SYSTEM August 31, 2017 Via E-mail Mr. Steve Viera Director of HR City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Dear Steve: As per your request, enclosed is a model ordinance for your city to adopt: 100% Updated Service Credit, 70% CPI Increase to Annuitants Ad Hoc (one time only basis) With the adoption of these additional benefits, your city's full contribution rate for 2018 will be 11.10%. We will appreciate receiving a copy of this ordinance as soon as possible after adoption. Please fax a copy of the executed ordinance to 512.476.2903. If you have any questions or concerns, please do not hesitate to contact me at 1-800-924-8677. TMRS P.O. Box 149153 AUSTIN, TEXAS 78714-9153 Sincerely, at6C) Eric W. Davis Deputy Executive Director ww4v.TMRS.coM 512.476.7577 TOLL-FREE 800.924,8677 FAX 512.476.5576 GRID 2018 Plan Change Study Corpus Christi Proposed Plans Plan Provisions 0 0 r 0 0 .41 (7'. a� 0 O"-?. Go N © • w cn (.3 * 1.)ca }; 1-4 av d bAN = t 2 ' ch_ 0 CO fC o p, rt '0far , e'' EEA 0 az Q H (-4 > U a) COI U CD O O za" a. 00 ,o Kol O 0' >,� ricof:Z ---+ f r! DD 0 is is the addition to the Initial Prior Service Rate for USC for transfers. There were 59 eligible transfer employees on the valuation date. Projection of Valuation Results - Pension Only 302, Corpus Cltris11 Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% USC 100% Ad Hoc without Transfer Employer Match Rate 2 -1 COLA 70% Ad Hoc Vesting 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service Calendar Year Projection Results 2017 2018 2019 2020 2021 2022 2023 2024 Full Rate 1t28% 11.10% 11.04% 10.98% 10,93% 10.87% 10.80% 10.73% EstEmated Contribution 14,443,325 14,539,742 14,793,755 15,051,761 15,327,833 15,594,297 15,850,232 16,109,692 Funded Ratio 89.7% 90.3% 90.9% 91.5% 92.1% 92.8% 93.5% 94.2% 14.00% 12.00% Projected Full Rates 10.00% • 8.00% 120% 11o% 100% 90% 80% 70% 2016 2018 2020 2022 Valuation as of December 31, Projected Funded Ratios 2024 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Vatuation as of December 31, 8/30/2017 Gabriel, Roeder, Smith & Co, Projection of Valuation Results - Pension Only 302, Corpus Christi Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% USC Yearly 100% Ad Hou without Transfer Employer Match Rate 2 - 1 COLA Yearly 70% Ad Hocs Vesting 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service Calendar Year Projection Results 2017 2018 2019 2020 2021 2022 2023 2024 Full Rate 11.28% 11.10% 12.16% 13.31% 14.45% 15.57% 16.67% 17.74% Estimated Contribution 14,443,325 14,539,742 16,294,571 18,245,805 20,264,153 22,337,001 24,465,127 26,634,290 Funded Ratio 89.7% 88.8% 87,7% 86.8% 86.1% 85,5% 85.1% 84.8% 24.00% -; 22.00% 20.00% - 18.00% 16.00% - 14.00•% - 12.00% 10.00•% 8.00%: Projected Full Rates 2016 2018 2020 2022 Valuation as of December 31, 110% 100% - 90% - 80% - 70% - 60% 2024 Projected Funded Ratios FDLISGArma 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Valuation as of December 31, 8/30/2017 Gabriel, Roeder, Smith & Co. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 14, 2017 Action Item for the City Council Meeting of December 12, 2017 DATE: October 27, 2017 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager KeithSe@cctexas.com (361) 826 - 3898 Type A Agreement — CCREDC Program Management and Funding CAPTION: Motion authorizing and approving an Agreement between the Corpus Christi Regional Economic Development Corporation and the Corpus Christi Business and Job Development Corporation for management of the Business and Job Development Incentive Program. The Agreement runs from October 1, 2017 to September 30, 2018 and includes an annual payment of $125,000.00. PURPOSE: The purpose of this item is to approve a funding agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the Corpus Christi Regional Economic Development Corporation (CCREDC). BACKGROUND AND FINDINGS: On July 24, 2017, the Type A Board approved the FY 2018 Operating Budget with a $125,000 line item for CCREDC funding, and indicated a preference for a new funding agreement directly between the Type A Board and the CCREDC. Historically this funding had been provided through the City's General Fund. On October 16, 2017 the Type A Board approved the attached agreement to commit the funding. It must now be ratified by the City Council. ALTERNATIVES: (Discuss legitimate alternatives examined by staff during decision making process) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Type A Board Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ 125,000 $ 125,000 Encumbered / Expended Amount This item $ 125,000 $ 125,000 BALANCE $ 0 $ 0 Fund(s): Business & Job Development Fund, Economic Development Line Item Comments: This line item was added in FY 2018. RECOMMENDATION: Staff recommends ratification, based upon Type A Board's approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Type A Agreement — CCREDC Program Management and Funding AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CORPUS CHRIST REGIONAL ECONOMIC DEVELOPMENT CORPORATION FOR MANAGEMENT OF BUSINESS AND JOB DEVELOPMENT INCENTIVE PROGRAM This Agreement for management of the Business and Job Development Incentive Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the Corpus Christi Regional Economic Development Corporation ("CCREDC") WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi (the City) passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, a Memorandum of Understanding established a three -party relationship between the City, CCREDC and Type A Board, WHEREAS, the Board wishes to manage the use of the sales tax funds for business and job development in an effective manner; WHEREAS, the CCREDC is willing to provide the management services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the CCREDC be awarded business and job development funds to cover the cost of managing the business and job development projects funded by the Board, by execution of this Agreement, to accomplish the services described in Exhibit "A" of this Agreement ("Services"); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the CCREDC agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the CCREDC is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the Services described in Exhibit "A" and incorporated in this Agreement by reference. The parties have approved this Agreement in the amount of $125,000 as compensation for the Services provided to the Corporation by the CCREDC in accordance with Exhibit "A." The funds provided under this Agreement may not be used to reimburse the CCREDC for any staff time which is unrelated to the Services. Page 1 of 4 2. Payments. The Parties agree that the CCREDC will request payment on a quarterly basis. Payment shall be made in the amount of $31,250 each quarter, for a total of $125,000 annually. The request will be made to the Executive Director of the Corporation, and payment shall be made timely upon request on or prior to the end of each quarter_ 3. Quarterly Updates. At the Board's meeting following the end of each quarter, the CCREDC will present an update to the Board. The update will include information regarding all outstanding business and job development projects or programs as well as an update on the status of any loan or grant provided by the Corporation to a specific company or entity for an economic development project. 4. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval to the Corporation for this Agreement, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is for one year beginning October 1, 2017 and expiring on September 30, 2018. This Agreement shall automatically renew each October 1st for an additional one-year term unless either party provides written notice of non -renewal at least 30 days prior to the termination of the then -current term. 6. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the CCREDC will be entitled to reimbursement for any Services provided to the Corporation prior to the effective date of the termination. 7. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 8. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 Page 2 of 4 If to CCREDC: Corpus Christi Regional Economic Development Corporation Attn: President and CEO One Shoreline Plaza 800 N. Shoreline, Ste. 1300 South Corpus Christi, TX 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. 9. Relationship of Parties. In performing this Agreement, the Corporation and the CCREDC shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & CORPUS CHRISTI REGIONAL ECONOMIC JOB DEVELOPMENT CORPORATION DEVELOPMENT CORPORATION Bart Braselton President ifi" Iain Vasey President and CEO Date: Date: Sc 14' Zo i7 ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The EDC will perform the following specific and measurable services for the Corporation: EDC will be the conduit for all primary/base employers interested in local assistance from Type A. EDC will prepare a proposal for each project and include information on the company, industry, markets, and products. Each proposal will document job creation and capital investment numbers for inclusion in the proposal_ EDC will suggest a proposed deal structure. EDC will prepare an economic and fiscal impact analysis of the project. EDC will secure an analysis of the company's financial strength relative to industry standards. EDC will assist City's Legal department in developing the necessary performance agreements. EDC will conduct performance audits (compliance testing) annually and report findings to Type A EDC will prepare proposals for all small business assistance programs. EDC will process all invoices and forward to the City for payment. EDC will help formulate the annual budget for small business assistance programs. EDC will prepare proposals for all education and job training skills development projects. EDC will process all invoices and forward to the City for payment. EDC will help formulate the annual budget for education and skills development projects. EDC understands that Corporation funds approved for the promotion and development of new and expanded business enterprises will be used only for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/lncubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside the community) in Corpus Christi. Funds would be available to both existing and new companies. Page 4 of 4 AGENDA MEMORANDUM City Council Meeting of November 14, 2017 DATE: TO: November 8, 2017 Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Briefing - Downtown Area Development Plan STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEED AP Senior City Planner Planning & ESI 3. OUTSIDE PRESENTER(S): Name 1. 2. BACKGROUND: Title/Position Organization Staff briefing on the Downton Area Development Plan. This item was previously presented to Council on September 26, 2017. At that time, Council voted to table the item. Staff is ready to bring the item forward for Council action and is seeking Council direction to bring the Downtown Area Development Plan as an action item on the December 12, 2017 City Council agenda. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Downtown Area Development Plan Survey Results Downtown Area Development Plan City Council Presentation November 14, 2017 Document Updates The following updates were made to the Downtown Area Development Plan (Exhibit A) since the September 26, 2017 Council Meeting: 1. The Advisory Committee is now included in the main document, rather than a separate appendix. 2. The description of the North Beach Redevelopment Initiative on page 12 was corrected so that the last sentence states that the work is "[underway]." 3. References to Type A funds have been updated to "Type A/B." 4. The front cover and footers have all been updated to read "October 17, 2017." A new era for the Downtown Area • Market-driven, action -oriented plan • Primarily developed in 2014-2015, building upon R/UDAT, Harbor Bridge planning • Finalized to reflect current conditions • Key ideas are producing results Promoting vibrant and accessible destinations within a walkable setting Al MARINA ARTS DISTRICT leveraging infrastructurn investment and filling the gaps withlive/work/learn/play to the gnd neighborhoods and people m the Bay and destination parks MARIAM rIENI Strengthening en established nnighhnrhood with ronnneted streets and housing x'aYer IP... (JIIINN* Providing housing options and opportunities for current residents T efli Expanding choices for housing, jobs, and transportation 3 Process: communication & research • Public & stakeholder meetings • Real estate market and feasibility analysis • Multi -modal transportation analysis coordinated with Harbor Bridge project • Urban design scenarios NOVEMBER 2014 -Presentation of purpose and goats of the study with analysis of opportunities and challenges for the Downtown Areas as well as presentation of residential market potential, followed by breakout groups and report backs on DADP districts, themes, and priorities. FEBRUARY 2015 -Presentation of Draft Vision and Strategies, Office and Hotel Market, Development Economics, and Transportation findings, followed by discussion groups around the presentation topics. MAY 2015 -Presentation of draft DADP recommendations derived from public dis- cussions and stakeholder input to receive final comments in anticipation of creating the final DADP for Corpus Christi City Council review and approval. 2017 Community Engagement • Advisory Committee Meetings (2) • Stakeholder Meetings (4) • Presentations at Community Events (4) • July 24 Open House • Public Survey (81) • Planning Commission Presentations (2) Vision themes • Encourage market- driven development • Create more housing choices • Complete a waterfront park and trail network • Reconnect neighborhoods • Celebrate this unique place to live, work, learn, and play Ten initiatives Three categories: Real estate reinvestment Infrastructure Great places for people • Utilize TIRZ #3 to unlock market-driven development with flexible, effective options serving the different incentive needs of different projects • 9 projects TIRZ #3 TIRZ#3 Boundary REAL ESTATE REINVESTMENT llitltPIT PRIORITY POLICY INITATIVES AND IMPLEMENTATION I 8 TIRZ #3 REAL ESTATE REINVESTMENT llitltPIT • Utilize TIRZ #3 to unlock market- driven development with flexible, effective options serving the different incentive needs of different projects • 9 projects TIRZ#3 Boundary PRIORITY POLICY INITATIVES AND IMPLEMENTATION I 9 Public/private partnership • Target tax abatement and other incentives to reinforce neighborhoods with new jobs and mixed - income housing Priorityiucentiveareasout ideofTHRZ#3 REAL ESTATE REINVESTMENT eatax bamentnd other non-nRZ incentives. os dated oasma. in initiative as Laredo conitlors into In area to 10 Public/private partnership • Target tax abatement and other incentives to reinforce neighborhoods with new jobs and mixed - income housing Priorityiucentiveareasout ideofTHRZ#3 REAL ESTATE REINVESTMENT eatax bamentnd other non-nRZ incentives. os dated oasma. in initiative as Laredo conitlors into In area to 11 dpi Activate vacant properties0 REAL ESTATE REINVESTMENT • Proactively encourage redevelopment of well -located underutilized properties • Historic Nueces County Courthouse /Former Bus Station Po teatial Redevelopment Sites DRAFT PRIORITY POLICY IxlnA.mex.xxrnaommnox xoternknit rtianm..ra,n„n.ausnorg LEGEIE PrMteryaxned. potential sine devetepmad Rndeh,.ed KnAl lA.p d p-inx pn0eniee m Nu rnaplsnol mends...1d Mlleroem mthoseslkx ry aAnloper. other Was. The bgliyMedvrneme&ALIOs Improve key streets, parks • Invest in prioritized infrastructure projects in concert with private development • Shoreline Blvd. and Water's Edge Park improvements are attracting development INFRASTRUCTURE initiativ a��r •V `R i."4*kiIT 13 Park more efficiently • Organize parking at district scale to increase convenience and efficiency • T1RZ #3 parking study provides new guidelines for pricing, management OH -Street Parking Concentrations in Downtown and Uptown INFRASTRUCTURE DRAFT PRIORITY POLICY 111111.0TIVIR.PIMPLEIMIATI tt Marina Arts � �° District &W➢IIAMIAEp .117111 _ .0 ,4 t ;_ R4i tr f .nwn..,.1.an1,,11.P,. 14 Organize event traffic • Actively manage event traffic • Improved coordination among event sponsors & city departments is improving access INFRASTRUCTURE initiativ 15 Organize event traffic • Actively manage event traffic • Improved coordination among event sponsors & city departments is improving access INFRASTRUCTURE initiativ 1F Re -connect streets • Transform old Harbor Bridge infrastructure to connect districts and the bay with walkable development. • Harbor Bridge design, Bike Mobility Plan advancing Transforming obsolete Harbor Bridge appre oh highways into walkable city streets Transform i-av Did Harbor Bridge Interchange IECIE,Qmi IU rah mg/ Hang Hew Harhsr Una, m,�r.ha�ge 17 Re -connect streets • Transform old Harbor Bridge infrastructure to connect districts and the bay with walkable development, access • Harbor Bridge design, Bike Mobility Plan advancing Transforming obsolete Harbor Bridge appre oh highways into walkable city streets Transform 1.37/ Did Harbor Bridge Interchange NEfJ6HNI IU Talmg/ b ng Transkrm1-37/ New Narhnr Dridge inkr.hnmge 18 Where Fun Happens GREAT PLACES FOR PEOPLE • Intensify destination arts and retail programming • Marina Arts District brand launched. Expanded farmers/ art market, food trucks, mural program Where Fun Happens • Intensify destination arts and retail programming • Marina Arts District brand launched. Expanded farmers/ art market, food trucks, mural program GREAT PLACES FOR PEOPLE GREAT PLACES FOR PEOPLE Embrace the Waterfront 11'''"r:"►lw • Fill missing links in Corpus Christi's signature waterfront park and path network • Marina docks, Shoreline Boulevard, and Water's Edge Park are attracting people, investment Bayfront Park& Palk Network eRIOR.rPoMr,.aAar<,.10.�a[a�... roe. x�11z�. wI DRAFT 21 GREAT PLACES FOR PEOPLE Embrace the Waterfront 11'''"r:"►lw • Fill missing links in Corpus Christi's signature waterfront park and path network • Marina docks, Shoreline Boulevard, and Water's Edge Park are attracting people, investment Bayfront Park& Palk Network eRIOR.rPoMr,.aAar<,.10.�a[a�... roe. x�11z�. wI DRAFT d 22 Keep it Clean & Safe • Create clean, safe, welcoming places • Dedicated cleaning staff/ambassadors, bike patrol, volunteers GREAT PLACES FOR PEOPLE Unique Places in Corpus Christi Marina Arts District "Leveraging infrastructure investment and filling the gaps with live/work/learn/play" Bayshore Neighborhood "Connecting neighborhoods and people to the Bay and destination parks" Uptown and Surrounding Neighborhoods Expanding choices for housing, jobs, and transportation" Washington -Coles 'Strengthening an established neighborhood with connected streets and housing" Hillcrest `Providing housing options and opportunities for current residents" SEA District "Promoting vibrant and accessible destinations within a walkable setting" North Beach "Beach and attractions" 24 Development Guidelines • Primary Walking Street Development Guidelines • Flexible Access Street 26 Development Guidelines • Gateway Street or Boulevard Recommendation Staff and Planning Commission recommend adoption of the Downtown Area Development Plan Downtown Area Development Plan Survey Results Responses Through September 5, 2017 Where do you live? The Marina Arts District The SEA District Uptown and Surrounding Neighborhoods Bayshore Neighborhood North Beach Washington -Coles Hillcrest Elsewhere in Corpus Christi Outside the Corpus Christi City limits Online Survey Responses Written Survey Responses Total Total* +2 = 4 5% +0 = 1 1% of 0 *Note: Sums may not add to totals due to rounding. 10 20 30 40 +0 +1 =5 6% = 2 2% +3 = 4 5% +0 = 1 1% +10 = 10 12% +5 = 48 59% +0 = 7 9% Total Results: 61 21 82 33% The Marina Arts District The SEA District Uptown and Surrounding Neighborhoods Bayshore Neighborhood North Beach Washington -Coles Hillcrest Elsewhere in Corpus Christi Outside the Corpus Christi City limits None of the above Online Survey Responses 8 14 E 2 Written Survey of Responses Total Total* 21 4 5 0 *Note: Sums may not add to totals due to rounding. 5 10 15 20 +1 +0 +0 +1 = 9 11% =4 5% = 14 17% =2 2% +2 = 4 5% +0 = 0 0% +1 = 3 4% +7 = 28 35% +0 = 4 5% +8 = 13 16% 20 Total Results: 61 81 44% I attended the Downtown Area Development Plan Open House on July 24th, 2017. Yes No Online Survey Responses Written Survey % of Responses Total Total* 11 0 10 20 30 *Note: Sums may not add to totals due to rounding. +11 = 36 44% +10 = 46 56% Total Results: 61 21 82 The five Downtown Area Development Plan Vision Themes capture the community's vision for Downtown. (See pages 8 & 9) Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Online Survey Responses Written Survey % of Responses Total Total* 0 +4 = 35 43% 65% +5 = 18 22% X12 = 17 21% =4 5% = 8 10% 5 10 15 20 25 30 21 82 Total Results: 61 5 15% The ten Downtown Area Development Plan Initiatives represent the direction needed for Downtown. (See pages 19-39) Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Written Survey Online Survey Responses % of Responses Total Total* +3 = 36 44% +5 = 18 22% +12 = 15 19% +1 = 5 6% = 7 9% 0 5 10 15 20 25 30 21 81 *Note: Sums may not add to totals due to rounding. Total Results: 60 67% 15% The Downtown Area Development Plan's Infrastructure Initiatives capture the needs in the Downtown area. (See pages 48 & 49) Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Written Survey Online Survey Responses 5 0 5 % of Responses Total Total* +3 = 33 41% +4 = 19 23% +12 = 17 21% +1 = 6 7% = 6 7% 10 15 20 25 30 20 81 Total Results: 61 *Note: Sums may not add to totals due to rounding. 64% 14% The District Identities reflect the unique character of the different downtown neighborhoods. (See pages 52-87) Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Online Survey Responses 1 -71 Written Survey % of Responses Total Total* +2 = 27 33% +6 = 20 25%j +11 = 18 22% +1 = 10 12% = 6 7% 5 10 *Note: Sums may not add to totals due to rounding. 15 20 25 20 81 Total Results: 61 58% 20% The City should adopt design guidelines for Downtown streets. (See pages 90-95) Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Online Survey Responses Written Survey Responses Total Total* +2 = 43 53% +13 = 23 28% +4 = 6 7% +1 = 5 6% =4 5% 20 81 41 2 10 20 30 40 *Note: Sums may not add to totals due to rounding. % of Total Results: 61 81% 11% AGENDA MEMORANDUM for the City Council Meeting of November 14, 2017 DATE: TO: Margie C. Rose, City Manager November 6, 2017 FROM: Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 UPDATE TO CITY COUNCIL Drought Contingency Plan Discussion and Recommendations STAFF PRESENTER(S): Name Title/Position Department 1. Esteban Ramos Water Resource Manager Water Utilities Department 2. Gabriel Ramirez Asst. Director for Water Quality/Treatment Water Utilities Dept. 3. BACKGROUND: On October 17, 2017 the Mayor requested staff to reexamine the current Drought Contingency Plan in order to make adjustments in regards to current water supply conditions. Drought Contingency Plan Council Presentation November 14, 2017 Drought Contingency Plan Purpose • Conserve the available water supply • Protect and preserve public health, welfare, and safety • Minimize the adverse impacts of water supply shortage or other water supply emergency conditions • A Texas Commission on Environmental Quality & Texas Water Development Board, State Requirement ►tage 4- Critical ►tage 5- Emergency ermination Requirement Drought Contingency Plan Recommendations Drought Stage Response CCR/LCC Combined Reservoir Storage Level arget Demand Reduction Levels 2017 tage 2- Moderate tage 3- Severe <50% or if Lake Texana is <40% <40% _' - Either of these conditions must exist for 15 consecutive days 10% >50% Combine storage, for 15 Consecutive days <30% 15% >40% Combine storage, for 15 Consecutive days <20% 30% >30% Combine storage, for 15 Consecutive days Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate 30% Recommend New Trigger Points Drought Stage Response CCR/LCC Combined Reservoir Storage Level 2017 Target Demand Reduction Levels 2017 Termination Requirement Stage 1— Mild <40% 10% >50% Combine storage and/or Lake Texana >60 Stage 2- Moderat- Stage 3- Critical tage 4- Emergency <30% 15% >40% Combine storage <20% >30% Combine storage Not Applicable 50% Emergency water shortage condition may be rescinded when the City Manager, or designee deems appropriate Drought Contingency Plan What does this mean for our customers? • We are not in a Drought Stage • The request for voluntary limits on irrigation of landscape would be moved to the Water Conservation Plan • No water use restrictions would be currently in place • Only Water Conservation Measures — No irrigation by spray or sprinklers between the hours of 10 am and 6 pm. Drought Contingency Plan Next Steps • Receive and consider comments. • Make necessary revisions to the ordinance for first reading by City Council in December. AGENDA MEMORANDUM City Council Workshop Meeting of November 12, 2017 DATE: November 12, 2017 TO: Margie C. Rose, City Manager THROUGH: Sylvia Carrillo Trevino, Assistant City Manager SylviaCa@cctexas.com 361.826.3189 THROUGH Constance Sanchez, Director of Finance ConstanceP@cctexas.com 361.826.3227 FROM: Kim Baker, Assistant Director of Financial Services — Purchasing Division Kimb2@cctexas.com 361.826.3169 Contract Management STAFF PRESENTER(S): Name 1. Kim Baker 2. Jeff Edmonds, P.E. 3. Constance Sanchez BACKGROUND: Title/Position Department Assistant Director of Financial Services Finance Director of Engineering Engineering Director of Finance Finance This presentation will provide information regarding the City's contract management processes. LIST OF SUPPORTING DOCUMENTS: PowerPoint — (Contract Management) Contract Management Council Presentation November 14, 2017 Background • Annual Council Approval • Budget Approval Process • Upwards of 650 contracts approved in 2016 up from 535 in 2015 • Decentralized method of tracking • Contract Options create efficiencies • Save time • Save money • Gain better pricing • Improved Procurement Processing Purchasing Agreements • Establish Signatory Authority • "At the Sole Discretion of the City..." • Vendor is NOT Entitled to Entire Agreement Length • Establish Terms and Conditions • Establish a Not to Exceed Amount • Value does not commit the City to the expense • Vendor is NOT Entitled to the Entire Amount Recommendations • Create a section in the annual budget dedicated to existing and proposed contracts amounts and terms • Suggest 3-5 year agreements to allow better contract economy Questions?