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HomeMy WebLinkAboutAgenda Packet City Council - 03/27/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday, March 27,2018 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 ingl6s 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 David Kelly, Trinity Worship. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Van Vleck, Assistant City Manager. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0379 Proclamation declaring the week of April 2-6, 2018, "Graduate Appreciation Week". Proclamation declaring April 7, 2018, "Special Olympics Texas - Spring Games Day". Proclamation declaring the week of April 2-8, 2018, "National Community Development Week". Proclamation declaring the week of April 2-8, 2018, "National Public Health Week". City of Corpus Christi Page 1 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Commendation for Zoya Surani - Finalist in the Prudential Spirit of Community Awards. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UPDATE ON BACKFLOW PREVENTION b. CITY PERFORMANCE REPORT-AVIATION C. OTHER G. MINUTES: 2. 18-0396 Regular Meeting of March 20, 2018. Attachments: Minutes - March 20, 2018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0353 Animal Care Advisory Committee Building Standards Board Food Service Advisory Committee Mechanical/Plumbing Advisory Board Attachments: Animal Care Advisory Committee Building Standards Board Food Service Advisory Committee Mechanical/Plumbing Advisory Board 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 3/26/2018 City Council Meeting Agenda-Final March 27,2018 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 AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 20) 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. 18-0284 Resolution authorizing submission of grant application for funding under Local Border Security Program Resolution authorizing submission of grant application to Office of the Governor for funding under Local Border Security Program. Attachments: Agenda Memo- LBSP application 03.20.2018 Resolution -LBSP 2018 City of Corpus Christi Page 3 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 5. 18-0306 Service Agreement for one-year with two one-year options for Overhead Door Repair and Maintenence for the Fire Department Motion authorizing a one-year service agreement with Hub City Overhead Door Co., Inc. of Corpus Christi, Texas for a total amount not to exceed $56,325, with two one-year options for a total potential multi-year amount of $168,975. Attachments: Agenda Memo-Overhead Door Repair& Maintenance for CCFD Bid Tab-Overhead Door Repair& Maintenance Service Agreement-Overhead Door Repair&Maintenance.pdf 6. 18-0296 Contribution-In-Aid-of-Construction Agreements with AEP Motion authorizing execution of Contribution-In-Aid-of-Construction Agreements with AEP in the amount of$87,178.02 for installation of streetlights on Ennis Joslin from South Padre Island Drive (SPID) to Williams Drive and in the amount of$80,641.54 for installation of street lights on Ennis Joslin from Williams Drive to Holly Road. Attachments: Executive Summary -CIAC Ennis Joslin Item Details-CIAC Ennis Joslin Location Map-CIAC Ennis Joslin Vicinity Map-CIAC Ennis Joslin 031046 Resolution (historical)-01242017 Resolution to sell COs for Bond Cont Agreement Ennis Joslin/South Padre Island Agreement- Ennis Joslin/Holly Road Presentation - AEP Street Liqhts 7. 18-0223 Supply Agreement for 36 months for Manhole Covers for the Utilities Department Motion authorizing a 36-month supply agreement with Core & Main, L.P., of Corpus Christi, Texas, for Manhole Covers for the Utilities Department for a total amount not to exceed $166,185.00. Attachments: Agenda Memo- Manhole Covers Bid Tabulation- Manhole Covers.. Supply Agreement- Manhole Covers 8. 18-0283 Service Agreement for one-year with two one-year options for hauling services for the Utilities Department Motion authorizing a one-year service agreement for hauling services with Tahoe Trucking, LLC. of Robstown, Texas for$269,850, with two one-year options for a total potential multi-year amount of$ 809,550. City of Corpus Christi Page 4 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Attachments: Agenda Memo- Hauling Services for Utilities Department Bid Tabulation - Hauling Services for Utilities.xlsx Service Agreement- Hauling Services for Utilities. 9. 18-0236 Resolution authorizing a five-year service agreement for Koha Integrated Library System Service and support for the Libraries Department Resolution authorizing a five-year service agreement with ByWater Solutions, from Santa Barbara, California, for a total amount not to exceed $100,000.00. Attachments: Agenda Memo- Koha Integrated System Service and Support Resolution Sole Source- Koha Integrated System Service and Support Service Agreement 1532- Koha Library System Service and Support.pdf 10. 18-0308 Type A Agreement -CCREDC Program Management and Funding Motion to approve an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to fund services provided to the Corporation by the Corpus Christi Regional Economic Development Corporation in the amount of$125,000. Attachments: Agenda Memo-Tvpe A Agreement-CCREDC Program Management and Fun( CCREDC Tvpe A Agreement with City 11. 18-0340 Second Reading Ordinance -Adopting a Code Enforcement Fee Schedule (1st Reading 3/20/18) Ordinance amending Corpus Christi Code to adopt a Code Enforcement fee schedule. Attachments: Agenda memo-fee study implementation code 02.27.2018 Ordinance - Code Enforcemnt Revised Ordinance Fee Schedule 2018 Presentation -Code Fee Recommendation Revised 12. 18-0330 Second Reading Ordinance - Corpus Christi Fire Prevention Fee Amendments (1st Reading 3/20/18) Ordinance amending the Corpus Christi Code to adopt a new fire prevention permit fee schedule. Attachments: Agenda Memo- Fire Prevention Fee Study Ordinance - Fire Prevention Fees Presentation - Fire Prevention Fee Changes 13. 18-0273 Second Reading Ordinance -Amending City Code to increase the photocopy fee for the Libraries (1st Reading 3/20/18) City of Corpus Christi Page 5 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Ordinance amending section 2-79 of the code of ordinances regarding library fees to increase the photocopy fee. Attachments: Agenda Memo Fee Increase 2018 Ordinance - Fee Increase-Li brary2018v3 Presentation - Library Copy fee increases 14. 18-0255 Second Reading Ordinance - Rezoning for a Property located at or near 2722 Flour Bluff Drive (3/20/18) Case No. 0118-03 Lowm, Inc.: Ordinance rezoning property at or near 2722 Flour Bluff Drive from "CG-1" General Commercial District and "RS-6" Single-Family 6 District to "RS-22" Single-Family 22 District and amending the Comprehensive Plan. Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "CG-1" and the "RS-6" to the "RS-22". Attachments: Agenda Memo 0118-03 Lowm, Inc Ordinance 0118-03 Lowm, Inc with Exhibits Presentation 0118-03 Lowm, Inc. CC Report 0118-03 Lowm, Inc. with Exhibit 15. 18-0294 Second Reading Ordinance - Rezoning for a Property at or near 15641 Northwest Boulevard (3/20/18) Case No. 0218-02 Puerto Los Caballeros, LLC: Ordinance rezoning property at or near 15641 Northwest Boulevard from "FR" Farm Rural District to the "CG-2" General Commercial District. Planning Commission and Staff Recommendation (February 7, 2018): Approval of the change of zoning from the "FR" to "CG-2". Attachments: Agenda Memo 0218-02 Puerto Los Caballeros, LLC Ordinance 0218-02 Puerto Los Caballeros, LLC with Exhibits Presentation 0218-02 Puerto Los Caballeros, LLC CC Report 0218-02 Puerto Los Caballeros, LLC with Exhibit 16. 18-0290 Second Reading Ordinance - North Beach Redevelopment Initiative (1st Reading 3/20/18) Ordinance adopting North Beach Redevelopment Initiative Specific Plan; and amending the Comprehensive Plan. Attachments: Agenda Memo- North Beach Redevelopment Initiative Ordinance - North Beach Redevelopment Initiative Specific Plan Presentation - North Beach Redevelopment Initiative City of Corpus Christi Page 6 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 17. 18-0289 Second Reading Ordinance -Adopting the Downtown Area Development Plan (1st Reading 3/20/18) Ordinance adopting Downtown Area Development Plan; rescinding Central Business Development Plan; and amending comprehensive plan. Attachments: Agenda Memo-Downtown ADP Amended Ordinance - Downtown Area Plan Presentation-Downtown ADP Survey Results- Downtown ADP Informal Staff Report- RUDAT CC 8-18-2014 18. 18-0293 Second Reading Ordinance -Approval of agreement and appropriating funds for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (1st Reading 3/20/18) Ordinance authorizing Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $72,130.00 from Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer. Attachments: Agenda Memo- MPM Development, LP Ordinance - MPM Development, LP Presentation-Starlight Estates Unit 1 Legistar 19. 18-0018 Second Reading Ordinance -Appropriating funds for construction contract for American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades project (1st Reading 3/20/18) Ordinance appropriating $1,042,200.00 from the Unreserved Fund Balance in the Hotel Occupancy Tax Fund; changing the Operating Budget in the amount of$1,042,200.00; and authorizing execution of a construction contract with Cordova Construction Company Inc., of Nacogdoches, TX in the amount of$786,210.00 for the American Bank Center& Exhibition Hall & Convention Center Restroom Upgrades project. (Capital Outlay Project FY 2018). Attachments: Executive Summary -ABC Restroom Upgrades Item Detail -ABC Restroom Upgrades (18-0018) Ordinance -ABC Center Re-Bid March 2018.docx Project Budget-ABC Restrooms Re-Bid March 2018.xlsx Location Map-ABC Restrooms Re-Bid March 2018.pdf Presentation -ABC Restrooms Re-Bid March 2018 20. 18-0285 Second Reading Ordinance -Amending City Code to decrease City of Corpus Christi Paye 7 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 speed limit on Beach Access Road 3A (1st Reading 3/20/18) Ordinance amending Code of Ordinances to decrease the speed limit on Beach Access Road 3A; providing for penalty. Attachments: Executive Summary - Beach Access Road 3A Speed Limit Reduction Item Detail -Speed Limit Beach Access Road 3A Ordinance - Beach Access Road 3A.docx Location Map- Beach Access Road 3A.pdf Presentation - Beach Access Road 3A Speed Limit.pptx L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 21 -25) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 21. 18-0052 Five-Year Service Agreement for Business Development Services for Corpus Christi International Airport Motion to execute a five-year service agreement with Trillion Aviation, Austin, Texas, in the amount of$600,000, for business development services for the Corpus Christi International Airport based on the best value for the City. Attachments: Agenda Memo- Business Development Services for CCIA Matrix Summary RFP 1245 Business Development Services for CCIA Service Agreement 1245- Business Development Services for CCIA Presentation - Business Development Service Agreement Informal Staff Report-Trillion Assessment-Service Agreement Agenda Item to Airport Board Support Letter 22. 18-0250 Second Reading Ordinance -Amending the Code of Ordinances to increase alarm permit fees and adopt a new animal care service fee schedule (1st Reading 3/20/18) Ordinance amending Corpus Christi Code to increase alarm permit fees; and adopting new animal care service fee schedule. Attachments: Agenda memo-fee study implementation alarms and animal care 02.27.2018 Amended Ordinance-Fee Schedule 2018 Amended By Council (1) Animal Fees FY 2017-2018- Final Presentation - Police Animal Care Fee Recommendation Revised City of Corpus Christi Page 8 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 23. 18-0271 Second Reading Ordinance - Emergency Medical Services Recommended Fee Changes (1st Reading 3/20/18) Ordinance amending Corpus Christi Code to adopt ambulance rates schedule and to increase ambulance service permitting fees. Attachments: Agenda Memo- Fire EMS Fee Study Amended Ordinance -Ambulance Fee Schedule 2018 amended Presentation - EMS Fee Changes 24. 18-0391 One Reading Ordinance for Parks and Recreation Fee Adjustments Ordinance amending City Code Sections 36-3 and 36-7 regarding annual review of parks and recreation fee adjustments and declaring an emergency. Attachments: Agenda Memo Ordinance 36-3 and 36-7 Change Ordinance amending 36-3 and 36-7 pertaining to P&R fees 25. 18-0392 One Reading Ordinance approving Parks and Recreation Fee changes at or below 25% Ordinance authorizing Parks and Recreation fee adjustments and declaring an emergency. Attachments: Agenda Memo Additional fees under 25% (004) Ordinance authorizing P and R fee adjustments v2 Exhibit A Presentation - Parks Recreation Department FY 18 Fees UNDER 25%v2 O. FIRST READING ORDINANCES: (ITEMS 26 -27) 26. 18-0325 First Reading Ordinance - Five Year Lease for Property near Allison Wastewater Treatment Plant for operation of public archery range Ordinance authorizing execution of a five-year lease agreement with Tejas Bowmen Archery Club for use of the property near Allison Wastewater Treatment Plant off McKenzie Road to maintain and operate a public archery range. Attachments: Agenda Memo-Teras Bowmen Archery Club Ordinance for Teras Bowmen Archery Club Teras Bowman Lease 03-01-2018 27. 18-0352 First Reading Ordinance - Sale of 3 Park Properties Ordinance approving the sale of following 3 properties: a) Congress Park (4017 Capitol) to Southern Builder Co. LLC for$180,000; b) Creekway City of Corpus Christi Paye 9 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Park (7306 Prairie) to Southern Builder Co. LLC for $75,000; and c) Violet Park (4301 Violet) to Isaac Camacho and Janet L. Camacho for$115,000. Attachments: Agenda Memo-Sale of Park Land Creekwav Congress Violet Ordinance sale of Congress Park and Creekwav Park and Violet Park v2 Presentation -Sale of Parkland Contract-Congress-Southern -031318 Contract-Creekwav Park-Southern -031318 Contract-Violet Park Contract P. FUTURE AGENDA ITEMS: (ITEMS 28 - 36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 28. 18-0269 Supply Agreement for 24 months for police uniforms Motion authorizing a 24 month supply agreement for police uniforms and accessories with Galls, LLC, from Lexington, Texas via BuyBoard for a total amount not to exceed $241,294.48. Attachments: Agenda Memo- Police Uniforms and Accessories Supply Agreement 1560- Police Uniforms and Accessories COF Support 18-0269 Galls LLC 29. 18-0333 Resolution authorizing outside city limits water contracts with property owners in the Nottingham Acres Unit 2 Subdivision Attachments: Agenda Memo UPDATED 3-20-18 Resolution with supporting documents KG Presentation - Nottingham Acres Unit 2 Lot 6 Block 4 UPDATED 3-21-18 30. 18-0198 Professional Services Contracts and Amendments - Construction Inspection Staff Support (Capital Improvement Program and Bond Projects) Motion authorizing multiple amendments, and award of new contracts for Representative Services totaling $2,623,040 with options to administratively execute two 6 month renewals for providing Construction Inspection Staff Support for Engineering Services. 1. Award (NEW) contract to AGICM - 6 Inspectors at $1,060,000 2. Award contract amendments to Freese and Nichols - 3 Inspectors at $486,640 3. Award (NEW) contract to Heneco - 5 Inspectors at$894,400 4. Award (NEW) contract to Maverick Engineering - 1 Inspector at $187,200 Attachments: Executive Summary -Construction Inspection City of Corpus Christi Page 10 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Item Detail -Construction Inspection Exhibit 1 -Construction Inspection Presentation -Construction Inspection Location Map-Construction Inspection Staff Augmentation Contract-Constr Insp Freese Nichols David Marotta Contract-Constr Insp Freese Nichols Harley Hampton Contract-Constr Insp Freese Nichols Arturo Hernandez Contract-Constr Insp Maverick Joe Sandoval Contract-Constr Insp AGCM Robert Munoz Contract-Constr Insp AGCM Russell Soike Contract-Constr Insp AGCM Manuel Hernandez Contract-Constr Insp AGCM Bobby Barker Contract-Constr Insp AGCM Marcus Garcia Contract-Constr Insp AGCM George De La Cerda Contract-Constr Insp Heneco Jordan Dartest Contract-Constr Insp Heneco John Hinolosa Contract Constr Insp Heneco Louis Estopinal Contract Constr Insp Heneco Julian Pineda Contract Constr Insp Heneco Darrell Donahoe 31. 18-0276 Construction Change Order No. 7 for the O. N. Stevens Water Treatment Plant High Service Building No. 3 Project for correction of soil and drainage issues at the project site (Capital Improvement Program) Motion authorizing Construction Change Order No. 7 with PLW Cadagua Partners of The Woodlands, Texas in the amount of$182,629.43 for the O.N. Stevens Water Treatment Plant High Service Building No. 3. (Capital Improvement Program - CIP) Attachments: Executive Summary -CO No. 7 ONS High Service Building No. 3 Item Detail -ONS Change Order No. 7 Project Budget-ONSWTP High Srvc Bldg No. 3 Location Map ONSWTP High Srvc Bldg No. 3 Presentation ONSWTP High Srvc Bldg No. 3 Change Order No. 7-ONSWTP High Srvc Bldg No. 3 32. 18-0313 Construction Contract for Citywide Lift station Repairs 2017-2018 (Capital Improvement Program) Motion authorizing a construction contract with Associated Construction Partners Ltd., of Boerne, Texas in the amount of$1,496,000 for Citywide Lift Station Repairs 2017-2018 for the total base bid. (Capital Improvement City of Corpus Christi Page 11 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 Program - CIP) Attachments: Executive Summary Item Detail Project Budget - LS Repairs.xls Location Map- LS Repairs Presentation - LS Repairs.pptx Letter of Recommendation - LS Repairs 33. 18-0287 Professional Services Contract - Citywide Lift Station Repairs 2018-2019 Motion authorizing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$385,650 for Citywide Lift Station Repairs 2018-2019 for design, bid, and construction phase services. (Capital Improvement Program - CIP) Attachments: Executive Summary -Citywide Lift Station Repairs (18-0287) Item Detail -Citywide Lift Station Repairs (18-0287) Project Budget Location Map- LS Repairs Presentation - LS Repairs Contract- LS Repairs 34. 18-0277 Construction Contract for Downtown Street Traffic Signals and Area Improvements (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Siemens Industry, Inc., of Austin, Texas in the amount of$2,989,286 for Downtown Street Traffic Signals and Area Improvements. (Bond 2014, Proposition 2) Attachments: Executive Summary - Downtown Street Traffic Signals and Area Improvements Item Detail -Downtown Street Traffic Signals and Area Improvements (18-0277 Prosect Budget- Downtown Street Traffic Signals and Area Imps BOND 2014 PI Location Map- Downtown Street Traffic Signals and Area Imps BOND 2014 PR Presentation - Downtown Street Traffic Signals and Area Imps BOND 2014 PR( Recommendation Letter- Downtown Street Traffic Signals and Area Imps BONI 35. 18-0270 Approval of a one-year software licensing and support agreement for LANDesk Motion authorizing the City Manager, or designee, to execute a one-year software licensing and support agreement with SHI Government Solutions, Inc., of Austin, for LANDesk software in the amount of$80,602.20 pursuant to the cooperative purchasing contract with the Texas Department of Information Resources with an option to renew for up to two additional City of Corpus Christi Page 12 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 years for a multiyear amount not to exceed $241,806.60 subject to annual appropriations. Attachments: Agenda Memo-Landesk TUMS.docx Agreement Idtums2018.pdf SHIQuote-14957249.pdf City of Corpus Christi price lock Mar2018.docx.pdf 36. 18-0342 Reimbursement Resolution for Solid Waste Certificates of Obligation Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds one or more series of taxable obligations to be issued by the City in an aggregate amount not to exceed $7,500,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Resolution for Solid Waste CO's Reimbursement Resolution for Solid Waste CO's Q. BRIEFINGS: (ITEMS 37 - 39) 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. 37. 18-0252 Homelessness Recommendations Update Attachments: Agenda Memo- Homeless Update Presentation Presentation - Homeless Recommendations Update 38. 18-0319 National League of Cities Service Line Program Attachments: Agenda Memo- National League of Cities Service Line Warranty Program National League of Cities Service Line Warranty Program 39. 18-0247 Corpus Christi Holidays on the Bay Attachments: Agenda Memo- Holidays on the Bav Presentation -Corpus Christi Holidays on the Bav R. EXECUTIVE SESSION: (ITEMS 40 -42) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be City of Corpus Christi Page 13 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 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. 40. 18-0376 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's professional service management agreement for the Corpus Christi Museum of Science and History and potential claims related to repairs to said museum. 41. 18-0317 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, and/or North Padre Waterpark Holdings, Ltd. and/or past or present affiliates, creditors or shareholders of any of the aforesaid entities, possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, mains, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 42. 18-0318 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 equipment and chemicals utilized in the disinfection of water, Texas Government Code 551.076 to deliberate security devices, personnel, and audit(s) related to the aforesaid matter(s), and Texas Government Code § 551.089 to deliberate the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices related to the aforesaid matter(s). S. 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. T. ADJOURNMENT City of Corpus Christi Page 14 Printed on 3/26/2018 City Council Meeting Agenda-Final March 27,2018 City of Corpus Christi Page 15 Printed on 3/26/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Tuesday, March 20,2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor David Bendett, Rock City Church. Pastor David Bendett gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Director of Parks and Recreation. Director of Parks and Recreation Jay Ellington 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 3/23/2018 City Council Meeting Minutes March 20,2018 Present: 8- 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, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring March 21, 2018, "National Small Business Development Center Day". Proclamation declaring April 7, 2018, "Earth Day-Bay Day" and April 2018 "Earth Month". Mayor McComb presented the proclamations. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) City Manager Rose provided a recap of the items that City Council approved in the month of February 2018 related to the City Council's goals:Water-a resolution for additional funding to continue the water quality improvements and a two-year supply agreement for water treatment chemicals; Economic Development- the use of reinvestment zone funding to repair and other projects associated with Packery Channel and the appropriation of funds for the Rediscover Corpus Christi and Coastal Bend advertising campaign to help encourage tourism and stimulate the local economy after Hurricane Harvey.2) City Manager Rose provided a recap highlighting the success of the 2018 Warrant Roundup. This year, Municipal Court had an increase of 73%in cases handled,totaling 4,277 cases, compared to 2017 which totaled 2,474. The Warrant Roundup is time set aside to allow residents to voluntarily take care of citations without the threat of being arrested. 3) The Engineering Services Department will celebrate the grand opening of Bond 2012, Proposition 1 - Kostoryz Road Improvements beginning at 11:00 a.m. on Friday, March 23, 2018 in the Del Mar College Economic Development Center parking lot.4)City Manager Rose announced the appointment of Nina Nixon-Mendez as Director of Development Services and Daniel McGinn as Director of Planning and Environmental Strategic Initiatives (ESI). G. MINUTES: 2. Regular Meeting of February 27, 2018. Mayor McComb referred to approval of the minutes. Council Member Hunter made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: City of Corpus Christi Page 2 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 3. Corpus Christi Regional Economic Development Corporation Electrical Advisory Board Island Strategic Action Committee Reinvestment Zone No. 3 Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Regional Economic Development Corporation Council Member Garza nominated William F. Goldston. Council Member Molina nominated Curtis T. Clark. William F. Goldston was appointed with Mayor McComb and Council Members Garza, Lindsey-Opel, Guajardo, Smith, and Rubio voting for William F. Goldston and Council Members Molina and Hunter voting for Curtis T. Clark. Electrical Advisory Board Council Member Garza made a motion to reappoint John McMullan (Registered Professional Engineer),seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Garza made a motion to appoint Paul S. Cervantes (Master Electrician),seconded by Council Member Lindsey-Opel and passed unanimously. Island Strategic Action Committee Council Member Smith made a motion to reappoint Libby Edwards (At-Large), Jodi Steen (Construction Contractor), David Perry(Environmental Group), Carter Tate (Realtor), and Brud Jones (Residential Property Owner),seconded by Council Member Hunter and passed unanimously. Council Member Smith made a motion to realign Aaron Huffman from the At-Large to Developer,seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Garza made a motion to appoint Stephan M. Noack(Mustang Island Rep.),seconded by Council Member Lindsey-Opel and passed unanimously. Council Member Lindsey-Opel made a motion to appoint Jay N. Gardner (Architect/Professional Engineer), seconded by Council Member Garza and passed unanimously. Council Member Smith made a motion to appoint Jerry D.Watkins (At-Large), seconded by Council Member Hunter and passed unanimously. Reinvestment Zone No. 3 Board City of Corpus Christi Page 3 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Council Member Lindsey-Opel made a motion to reappoint Michael T. Hunter, Joe McComb, and Ben Molina,seconded by Council Member Rubio and passed unanimously. Council Member Lindsey-Opel made a motion to appoint Carolyn Vaughn as Chair for a term ending December 2018,seconded by Council Member Rubio and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: 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. Jack Gordy,4118 Bray,spoke regarding blocked sidewalks in the City violating the Americans with Disabilities Act and the City's failure to respond to an open records requested submitted 91 days ago. Isabel Araiza, 326 Poenisch, spoke regarding the City's projected budget deficit and potential budget cuts to the City's public institutions, public spaces and public health and discussed topics related to the following:ensuring water quality; backflow prevention; Parks and Recreation facilities;senior centers; tax abatements and industrial districts.Julie Rogers, 710 Furman,spoke regarding the shortfall in the upcoming budget and discussed the following: to not cut budgets across the board for departments; reduction of services for arts and cultural, recreational, and library services; and to not offer tax abatements. Carolyn Moon,4902 Calvin, spoke regarding the City joining the Paris Accord and consideration to install plug-in stations for electric vehicles in the downtown area.Yvette Lara, 602 N. Staples,spoke on behalf of the United Corpus Christi Chamber of Commerce and invited the City Council to attend the "Mi Casa Es Su Casa" event which will be held on Thursday, March 22,2018 at 7801 Rancho Vista Boulevard, hosted by the Coastal Bend Home Builders Association in conjunction with Braselton Homes, honoring City Manager Margie C. Rose. Susie Luna Saldana, 4710 Hakel, requested clarification regarding the alley ways.Alvin Villarreal, 1133 York, spoke regarding a Teen Challenge Christian Ministry in Corpus Christi. Carolyn Vaughn, 4214 Spring Creek Drive,spoke regarding Item 13 and requested that the City Council expeditiously fill the vacant District 1 City Council position. Mike Carrell, Frost Bank, provided information on Frost Bank's recent lock box security breach which may impact the City's utility customers. Reuce Kozek, 5296 Wagon Trail,spoke regarding Agenda Item 10, rezoning of property at or near 15641 Northwest Boulevard, City of Corpus Christi Page 4 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 expressing concerns regarding:the necessity to rezone the entire property; wastewater and drainage issues; the impact on the local school district's capacity;the desire of the surrounding community to remain single-family; and noise related to an outdoor music venue. K. CONSENT AGENDA: (ITEMS 4 - 8) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Molina, seconded by Council Member Hunter, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 4. Professional Services Contract - Repairs on Marina Breakwater at McGee Beach (Capital Improvement Program) Motion to execute a professional services contract with Lockwood, Andrews & Newnam, Inc. of Corpus Christi, Texas in the amount of $249,215 for the Repairs on Marina Breakwater at McGee Beach project for the Survey, Design, Bid and Construction Phase services (Type A Funds). This Motion was passed on the consent agenda. Enactment No: M2018-036 5. Construction Contract for the new Beach Operations Building Motion authorizing a construction contract with Abba Construction, LLC of Laredo, Texas in the amount of$399,777 for the New Beach Operations Building. (Capital Outlay) This Motion was passed on the consent agenda. Enactment No: M2018-037 6. Second Reading Ordinance - Rezoning for a Property located at 12750 Hearn Road (1st Reading 2/27/18) Case No. 0118-01 AEP Texas, Inc.: A change of zoning "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. The property is described as Hearn Addition Annex, Lot 1, located on the north side of City of Corpus Christi Page 5 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Hearn Road, west of Callicoatte Road, and east of Leopard Street. Planning Commission and Staff Recommendation (January 24. 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. Ordinance: Case No. 0118-01: Ordinance rezoning property at 12750 Hearn Road from "RS-6" to "IH" and amending the Comprehensive Plan. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031384 7. Second Reading Ordinance -Appropriating $249,550 from the Arena Facility Fund for the Arena Wi Fi Enhancement Project (1st Reading 2/27/18) Ordinance appropriating $249,550 from the unreserved fund balance of the Arena Facility Fund for a wi-fi enhancement project at the American Bank Center; and amending the operating budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031385 8. Second Reading Ordinance -Appropriating funds for negotiations related to the City's Sanitary Sewer System (1st Reading 2/27/18) Ordinance appropriating $579,860 in the Wastewater Fund and authorizing up to $325,460 for legal, engineering, and consulting services for negotiations with federal and state regulatory authorities related to the City's sanitary sewer system and a contingency of up to $254,400 in the event of pre-agreement litigation related to said system; amending the budget; and de-authorizing $1,142,700 previously authorized as a contingency for said litigation. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031386 BRIEFINGS: (ITEM 36) 36. Harbor Bridge Replacement Project Update Mayor McComb deviated from the agenda and referred to Item 36. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to allow representatives with Flatiron Dragados to provide an update on the progress of the Harbor Bridge Replacement Project. The presentation team City of Corpus Christi Page 6 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 included: Hunter Bodycott, Deputy Project Manager; Lorette Williams, Public Information Coordinator; Darrell Chamber, Lead Traffic Engineering; and Pedro Chico Lopez, Project Manager. Mr. Bodycott presented the following information: an explanation of the design build process; daytime rendering of new Harbor Bridge project from Whataburger Field; an overview of the project scope;the project highlights; a rendering depicting the size of the new Harbor Bridge;sustainability efforts; construction progress including: roadworks,the Comanche Street Bridge demolition, the Stillman Pedestrian Bridge demolition,the Robstown pre-cast yard, approaches -piling driving at North Beach, approaches -footings, and the north and south of the Port foundation pours. Ms.Williams presented information on the traffic mitigation plan and project communications including:traffic mitigation,stakeholder relations;traffic advisories; motorist information; upcoming traffic impacts; the hiring campaign; community involvement;the project's website; a snapshot of online traffic information; samples of regional maps that will be included on the website; and a video animation of the new Harbor Bridge. The presentation team and council members discussed the following topics: the communication plan to citizens;the project's progress in a short period of time; response addressing the public's concerns related to the recent Florida Bridge collapse;the Florida Bridge and the new Harbor Bridge being two separate projects;the Florida Bridge being an experimental design;this year's Buc Days Parade being the last parade on its current route on Leopard Street; and working with the Texas Department of Transportation (TXDOT)on approaches and connectivity. M. PUBLIC HEARINGS: (ITEMS 9 - 10) 9. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2722 Flour Bluff Drive Case No. 0118-03 Lowm, Inc.: Ordinance rezoning property at or near 2722 Flour Bluff Drive from "CG-1" General Commercial District and "RS-6" Single-Family 6 District to "RS-22" Single-Family 22 District and amending the Comprehensive Plan. Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "CG-1" and the "RS-6" to the "RS-22". Mayor McComb referred to Item 9. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow the construction of a single-family subdivision consisting of 21, 1/2 acre, lots. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Craig Thompson, Hanson Professional Services,stated that he was available to respond to questions. Council members spoke regarding the following topics: addressing drainage City of Corpus Christi Paye 7 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 issues; increase in peak flow;whether the developer considered providing sewer service to the area; inadequate funding in the trust fund; an audit of the trust funds to be completed on April 10,2018; drainage problems associated with other developments located at the intersection of Flour Bluff Drive and Glenoak Drive; and addressing connectivity in the master plan for the area. Mayor McComb closed the public hearing. 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: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 10. Public Hearing and First Reading Ordinance - Rezoning for a Property at or near 15641 Northwest Boulevard Case No. 0218-02 Puerto Los Caballeros, LLC: Ordinance rezoning property at or near 15641 Northwest Boulevard from "FR" Farm Rural District to the "CG-2" General Commercial District. Planning Commission and Staff Recommendation (February 7, 2018): Approval of the change of zoning from the "FR" to "CG-2". Mayor McComb referred to Item 10. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of a barbecue restaurant. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. Ryan Lawhon,4218 Rapids Drive and representative for the applicant,stated that the owner would like to move the existing barbecue restaurant, Sam's BBQ,from the current location on the north side to the south side to grow her business. Council members discussed the following topics: the proposed use for the subject property;the residential properties located outside the city limits;the noise regulations related to outside entertainment; revitalization of the northwest area of the City; location of the sewer line;the zoning pattern of"CG-2"; of future evaluation of wastewater for the area. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 EXECUTIVE SESSION: (ITEMS 37 - 38) City of Corpus Christi Page 8 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Mayor McComb deviated from the agenda and referred to Executive Session Items 37 and 38. The Council went into executive session at 1:47 p.m. The Council returned from executive session at 2:57 p.m. 37. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, including potential grants for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. 38. 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 Harbor Bridge construction and the Agreement for the Adjustment of City of Corpus Christi Municipal Utilities in Connection with the U.S. 181 Harbor Bridge Replacement Project. This E-Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 37 and 38. R. BRIEFINGS: (ITEM 35) 35. Discussion regarding Options for Bond 2018 Ballot Language Mayor McComb deviated from the agenda and referred to Item 35. City Secretary Rebecca L. Huerta introduced Clay Binford, Norton Rose Fulbright US LLP. Mr. Binford stated that the purpose of this item is to discuss matters City of Corpus Christi Page 9 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 related to the preparation of the City's Bond 2018 election. Mr. Binford presented the following information: an explanation of Texas Laws that apply to General Obligation Bond Elections for Texas cities;the election ordinance, key components, and public notice requirements;the difference between the measure and ballot proposition components of the election ordinance; the issuance of ad valorem tax-backed bonds; Texas Supreme Court ruling on ballot proposition language; Texas Law Ballot Proposition requirements; transparency requirements; and prohibition against dual propositions. Following Mr. Binford's presentation, council members discussed the separation of propositions in Bond 2012 and 2014 and the potential proposition split for Bond 2018. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Public Hearing and First Reading Ordinance - North Beach Redevelopment Initiative Ordinance adopting North Beach Redevelopment Initiative Specific Plan; and amending the Comprehensive Plan. Mayor McComb referred to Item 11. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to adopt the North Beach Redevelopment Initiative. Council members and staff discussed the following topics: comments made by council members regarding the City Council not having sufficient time to review the lengthy attachments related to Item 11, North Beach Redevelopment Initiative and Item 12, Downtown Area Development Plan; staff's presentation of the Downtown Area Development Plan to the City Council in November and action being tabled at that time to allow staff to bring forward the North Beach Area Development Plan,which was presented to City Council on February 27,2018;the North Beach Redevelopment Initiative including both Alternatives 1 and 2; approval of the North Beach Redevelopment Initiative would promote developer interest in the area;the Downtown Area Development Plan's reference to the reconstruction and relocation of Shoreline Boulevard; participation in the surveys and engaging stakeholders; discussion regarding the North Beach Alternative 2 plan related to the proposed islands and that if a coastal engineering study is done, it should be paid for by a developer and not the City. Mayor McComb opened the public hearing. Joan Veith, 5701 Cain Drive,spoke regarding the realignment of Shoreline Boulevard. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 City of Corpus Christi Page 10 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 12. Public Hearing and First Reading Ordinance -Adopting the Downtown Area Development Plan Ordinance adopting Downtown Area Development Plan; rescinding Central Business Development Plan; and amending comprehensive plan. Mayor McComb referred to Item 12, adopting the Downtown Area Development Plan. The presentation team included: Director of Planning& ESI Daniel McGinn and Senior Planner Keren Costanza. Mayor McComb opened the public hearing. Alyssa Barrera, Executive Director of the Downtown Management District, spoke in support of adopting the Downtown Area Development Plan. Mayor McComb closed the public hearing. Ms. Costanza provided a brief overview of the plan including: the document updates; a description of the study area;2017 community engagement;the vision themes and goals; the three categories focusing on: real estate reinvestment; infrastructure, and great-places-for-people initiatives; and development guidelines. Council members and staff discussed the following topics:the flexibility to amend the plan; feedback from stakeholders; activities occuring at The Water's Edge Park; approval of the plan would promote revitalization of the downtown area; utilizing the Tax Increment Reinvestment Zone#3; addressing neighborhood plans; the need for additional community input prior to spending funds in the area; utilization of Shoreline Boulevard; the inclusion of the R/UDAT and Harbor Bridge planning;the impact of the plan on downtown businesses; language in the plan related to the reconstruction and relocation of Shoreline Boulevard;the difference between infrastructure initiatives R3 and R5 related to the Shoreline Boulevard project; consideration to remove infrastructure initiative R5 from the plan;the future impact for removing infrastructure initiative R5 from the plan;the Bond 2004 ballot language; and addressing critical areas of infrastructure. Council Member Rubio made a motion to amend the Downtown Area Development Plan, page 48, by removing Infrastructure Initiative R5 as it relates to the Shoreline Realignment Project,seconded by Council Member Smith. The motion to amend was passed and approved with the following vote: Mayor McComb and Council Members Hunter, Rubio, Smith and Garza voting "Aye"and Council Member Guajardo, Lindsey-Opel, and Molina voting "No Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Garza. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Guajardo Abstained: 0 City of Corpus Christi Page 11 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 N. REGULAR AGENDA: (ITEMS 13 - 18) 13. Discussion and possible action regarding the process to fill a vacancy in the office of council member. Mayor McComb referred to Item 13. City Secretary Rebecca L. Huerta stated that the purpose of this item is to discuss the process to fill the vacancy in the office of council member. City Secretary Huerta presented the following information:the language from the City's Charter, Article II, Section 13;the qualifications for the position of city council member;the process used by prior City Councils from the 1990s to present; common practices; recent changes to the process in 2016 and 2017; a suggested timeline to fill the vacancy; and two timeline options. In response to Mayor McComb, City Secretary Huerta stated that the filing period for individuals interested in filing for the 2018 General Election begins July 21,2018. Mayor McComb called for comments from the public. Gloria Scott,4422 S. Alameda, requested clarification of the timeline. The following motion was considered: Motion to approve the Option 1 timeline consisting of the following: accept applications from March 22—April 6,2018; individual review of applications by council members from April 13—April 16,2018; executive session to review and discuss applications, name finalists and discuss the interview process on April 17,2018; hold public interviews, deliberate in executive session and decide in open session on April 24,2018; administrative swearing-in on April 25,2018; and ceremonial swearing-in on May 8,2018. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-038 14. Resolution for publication of Notice of Intention to issue Certificates of Obligation for Solid Waste System Improvements Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $7,500,000 in Certificates of Obligation for Solid Waste System improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. City of Corpus Christi Page 12 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Mayor McComb referred to Item 14. Director of Financial Services Constance Sanchez stated that Items 14 and 15 are two resolutions for requests to publish notice of intention in the Corpus Christi Caller Times. Item 14 is regarding the notice of intention to issue certificates of obligation for Solid Waste System Improvements for not more than $7,500,000. Item 15 is regarding the notice of intention to issue certificates of obligation for not more than $15,750,000 for certain street and facility improvements including: Bond 2014 projects; facilities; and the Harbor Bridge Replacement Project. The City plans to publish the notices on Sunday, March 25,2018 and Sunday,April 1,2018. There were no comments from the public. Council members and staff discussed the following topics:the timeframe for awarding bids and construction of Sector 3C disposal cell at the Cefe Valenzuela Landfill; debris collection from Hurricane Harvey; the impact of the issuance on Bond 2018 projects; and completion of street improvements related to the Harbor Bridge Replacement Project. Council Member Garza made a motion to approve the resolution,seconded by Council Member Lindsey-Opel. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031387 15. Resolution for publication of Notice of Intention to issue Certificates of Obligation for Street and Facility Improvements Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue not more than $15,750,000 in Certificates of Obligation for certain street and facility improvements; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. This item was discussed during discussions on Item 14. Council Member Garza made a motion to approve the resolution,seconded by Council Member Lindsey-Opel. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031388 16. One Reading Action Item - Construction Contract for the Corpus Christi Museum of Science and History Flooring Replacement City of Corpus Christi Page 13 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Project as a result of damage from Hurricane Harvey Motion authorizing the City Manager, or designee, to execute a construction contract with AAA Time Saver Services of San Antonio, Texas in the amount of$73,915 for the Corpus Christi Museum of Science and History Flooring Replacement project for the base bid. Mayor McComb referred to Item 16. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to award a construction contract with AAA Time Saver Services in the amount of$73,915 for the Corpus Christi Museum of Science and History Flooring Replacement project due to damage from Hurricane Harvey. The City will seek reimbursement from the Federal Emergency Management Agency(FEMA). There were no comments from the public. Council members and staff discussed the following topics:the reasons Additive Alternate No. 1 was not recommended; Engineering staff consulting with the Corpus Christi Museum of Science and History; and the bid amount submitted by AAA Time Saver Services. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-039 17. One Reading Action Item - Resolution for purchase of Wedeco EcoRAy Ultra Violet Lamps and Accessory Parts for Broadway Wastewater Treatment Plant Resolution authorizing a one-time purchase from Xylem Water Solutions USA of Charlotte, North Carolina, for Wedeco EcoRay Ultra Violet (UV) lamps and accessory parts for a total amount not to exceed $95,479.80. Mayor McComb referred to Item 17. Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to approve the one-time purchase from Xylem Water Solutions USA in an amount not to exceed$95,749.80 for the purchase of Wedeco EcoRay Ultraviolet(UV)lamps to ensure that testing currently being done at the Broadway Wastewater Treatment Plant continues under the same conditions. There were no comments from the public. Council members and staff discussed the following topics: a reference to a memo submitted by Assistant Director of Wastewater John Bryum regarding the UV unit at the Broadway Wastewater Treatment Plant as designed and constructed does not disinfect per specifications; and claims in the lawsuit regarding the Broadway Wastewater Treatment Plant regarding construction specifications and engineering design. City of Corpus Christi Page 14 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Council Member Molina made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031389 18. Second Reading Ordinance -Authorizing a Five-Year Lease Agreement with option for one additional five-year term for 1621 N. Mesquite Street (28-Day Delay Required) (1st Reading 2/13/18) Ordinance authorizing the City Manager to execute a five-year lease agreement with The Corpus Christi Ballet for the property located at 1621 N. Mesquite Street in consideration of monthly rental payment of$400.00 with option to extend for up to 1 additional five-year term. Mayor McComb referred to Item 18, a lease agreement with The Corpus Christi Ballet. Director of Parks and Recreation Jay Ellington was available to respond to questions. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031390 O. BUDGET RELATED ITEMS: (ITEMS 19 - 22) 19. First Reading Ordinance -Amending the Code of Ordinances to increase alarm permit fees and adopt a new animal care service fee schedule Ordinance amending Corpus Christi Code to increase alarm permit fees; and adopting new animal care service fee schedule. Mayor McComb referred to Item 19. City Manager Margie C. Rose stated that Items 19-24 are related to user fees recommendations for Police,Animal Care, Code Enforcement, EMS, Fire, Libraries, and Parks and Recreation. The results of the user fee were provided to the City Council in December 2017. The City last conducted a comprehensive fee analysis in the late 1980s. City Manager Rose stated that the goal moving forward would be to review the fees and charges internally to periodically update them every three to five years. City of Corpus Christi Page 15 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Police Chief Mike Markle stated that the purpose of Item 19 was to amend the City's Code of Ordinances to increase alarm permit fees and adopt a new Animal Care Services fee schedule. Chief Markle provided a brief overview of the changes to the alarm permit fees and Animal Care Services fees. The presentation team included: Commander David Blackmon, Commander John Houston,Assistant Director of Strategic Management Saundra Thaxton, and Assistant City Attorney Buck Brice. Following Chief Markle's presentation, council members and staff discussed the following topics: consideration for revenue from fee increase to be directed back to the respective departments and not to the General Fund;the maximum fee for residental alarm permits; notification to alarm permit owners;the costs incurred to address alarm calls;the language in the ordinance related to fee increases annually by more than 25% requiring City Council approval; fee increases without City Council approval;the average time an animal remains in a kennel at Animal Care; rental fees for traps;the code related to dangerous dogs; an explanation of animal head shipment fees; communication to grooming shops, kennels, and horse stables regarding the proposed fee increases; and the recommendation to include all incurred costs associated with performing animal exhibits. Mayor McComb called for comments from the public.Joan Veith, 5701 Cain Drive,spoke regarding the impact increasing alarm permit fees would have on citizens on a fixed income. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Mayor McComb and Council Members Guajardo, Hunter, Lindsey-Opel, Molina, Rubio and Smith voting "Aye"; Council Member Garza voting "Nay". (Note: Item 19 was reconsidered later in the meeting.) 20. First Reading Ordinance -Adopting a Code Enforcement Fee Schedule Ordinance amending Corpus Christi Code to adopt a Code Enforcement fee schedule. Mayor McComb referred to Item 20. Police Chief Mike Markle stated that the purpose of this item is to amend the City's Code of Ordinances to increase Code Enforcement fees. Chief Markle provided a brief overview of the changes to the fee schedule. The presentation team included: Commander David Blackmon, Commander John Houston, Assistant Director of Strategic Management Saundra Thaxton, and Assistant City Attorney Buck Brice. There were no comments from the public. Council members and staff discussed the following topics: changing the recommended administrative fees for a single fee to three categories; consideration to charge the full cost of service; the number of liens on properties last fiscal year; and the timeline for collection of liens. City of Corpus Christi Page 16 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 21. First Reading Ordinance - Emergency Medical Services Recommended Fee Changes Ordinance amending Corpus Christi Code to adopt ambulance rates schedule and to increase ambulance service permitting fees. Mayor McComb referred to Item 21. Fire Chief Robert Rocha stated that the purpose of this item is to amend Emergency Medical Services fees. Chief Rocha provided a brief overview of:the current and proposed fees;the EMS fee escalation; and the estimated revenue. The presentation team included: Assistant Fire Chief Kenneth Erben, Fire Captain Billy Belyeu,Assistant Director of Strategic Management Saundra Thaxton, and Assistant City Attorney Buck Brice. Council members and staff discussed the following topics: Medicare and Medicaid not being impacted by the fee adjustment; reimbursement from private insurance and individuals for ambulance services; clarification regarding the EMS 911 Base Rate -No Transport fee;whether ambulance operator fees and inspector fees are in line with what other cities are charging; the collection rate for EMS transport; annual escalation of EMS related fees; fee increases coming back for City Council approval;the consumer price index; labor costs associated with EMS charges; and contract obligation commitments. Council Member Lindsey-Opel made a motion to amend Section 18-20(b)(2)to reflect that increases to the EMS fee schedule be brought back annually for City Council approval,seconded by Council Member Rubio and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Guajardo. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 22. First Reading Ordinance - Corpus Christi Fire Prevention Fee Amendments Ordinance amending the Corpus Christi Code to adopt a new fire City of Corpus Christi Page 17 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 prevention permit fee schedule. Mayor McComb referred to Item 22. Fire Chief Robert Rocha stated that the purpose of this item is to adopt a new fire prevention permit fee schedule. Chief Rocha provided a brief overview of the fire prevention fee amendments. The presentation team included:Assistant Fire Chief Randy Paige; Senior Management Assistant Arlene Medrano,Assistant Director of Strategic Management Saundra Thaxton, and Assistant City Attorney Buck Brice. There were no comments from the public. A council member discussed:the fees associated with commercial vent-a-hood cleanings and increasing fees for foster and group homes. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 I. EXPLANATION OF COUNCIL ACTION: Council Member Lindsey-Opel made a motion to reconsider Item 19, First Reading Ordinance amending Corpus Christi Code to increase alarm permit fees; adopting new animal care service fee schedule; and providing for publication, seconded by Council Member Garza and passed unanimously. O. BUDGET RELATED ITEMS: (ITEMS 19, 23 -24) 19. First Reading Ordinance -Amending the Code of Ordinances to increase alarm permit fees and adopt a new animal care service fee schedule Ordinance amending Corpus Christi Code to increase alarm permit fees; and adopting new animal care service fee schedule. Mayor McComb returned to Item 19. Council Member Lindsey-Opel made a motion to amend the ordinance by removing the provision that requires City Council approval of an increase of fees annually by more than 25%and replace the language will all increases will be brought back to the City Council for approval,seconded by Council Member Garza and passed unanimously. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Hunter. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 City of Corpus Christi Page 18 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 23. First Reading Ordinance -Amending City Code to increase the photocopy fee for the Libraries Ordinance amending section 2-79 of the code of ordinances regarding library fees to increase the photocopy fee. Mayor McComb referred to Item 23. Director of Libraries Laura Garcia stated that the purpose of this item is to amend Section 2-79 of the City's Code of Ordinances regarding library fees to increase the photocopy fee. Ms. Garcia provided a brief overview of the fee changes. There were no comments from the public. Following Ms. Garcia's presentation, council members and staff discussed the following topics:whether staff compared fees with other copier shops; and a review of other Texas libraries to compare charges. Council Member Smith 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: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Abstained: 0 24. Resolution for Fiscal Year 2017-2018 Parks and Recreation fees Resolution amending and adding new parks and recreational use fees. Mayor McComb referred to Item 24. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve proposed new fees or fees increasing by more than 25%for FY2017-2018. The Parks and Recreation department has 330 fees. Staff is proposing no changes to 120 fees; 59 fees for City Council review; and 124 fees, under 25%,for City Manager review. Mr. Ellington discussed the fee study recommendations that were reviewed by the Parks and Recreation Advisory Committee. Staff is recommending increasing Parks and Recreation fees incrementally over five years. Mr. Ellington provided a brief overview of the current and proposed recreation fees and charges. Council members and staff discussed the following topics: an explanation of staff utility and building fee at the Greenwood Softball Complex;the total fees associated with the Greenwood Softball Complex; providing the City Council with the complete list of Parks and Recreation fees; the challenges the Parks and Recreation Department has with the large number of fees and the need to simplify the fees;whether the fees include the agreements with the various sports leagues; whether the seasonal swim pass includes all three seasons; new programs having 100% recovery; collection of 11% cost recovery for the Oso Bay Wetland Preserve facility and a request from a council member to review those fees;the fees associated with The Water's Edge Park; the process for renting parks; a percentage of the fees being directed to improve Parks and Recreation facilities; recovery costs for the latchkey program;the improvements made to the golf course and the cost of services;food truck City of Corpus Christi Page 19 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 operation fees; and the grand opening date for The Water's Edge Park. Council Member Lindsey-Opel made a motion to amend the ordinance to change that all fee increases come before City Council for approval and not just those fees increased by more than 25%,seconded by Council Member Garza. This motion to amend was passed and approved with the following vote: Mayor McComb and Council Members Garza, Guajardo, Hunter, Rubio, and Smith voting "Aye"; Council Members Lindsey-Opel and Molina were absent. Council Member Garza made a motion to approve the resolution as amended, seconded by Council Member Hunter. This Resolution was passed as amended and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Rubio and Council Member Smith Absent: 2- Council Member Lindsey-Opel and Council Member Molina Abstained: 0 Enactment No: 031391 P. FIRST READING ORDINANCES: (ITEMS 25 -27) 25. First Reading Ordinance -Approval of agreement and appropriating funds for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement Ordinance authorizing Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $72,130.00 from Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer. Mayor McComb referred to Item 25.Assistant Director of Development Services Bill Green stated that the purpose of this item is to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP for the construction of a public water line. MPM Development, LP will be required to install 917 linear feet of 12-inch public waterline to provide adequate water service to a proposed residential subdivision development. There were no comments from the public. Council members and staff discussed the following topics: reimbursement from the Water Arterial Trust Fund; and the status of the construction of the intersection at Yorktown Boulevard and Airline Road. Council Member Hunter 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: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith City of Corpus Christi Page 20 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Absent: 1 - Council Member Lindsey-Opel Abstained: 0 26. First Reading Ordinance -Appropriating funds for construction contract for American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades project Ordinance appropriating $1,042,200.00 from the Unreserved Fund Balance in the Hotel Occupancy Tax Fund; changing the Operating Budget in the amount of$1,042,200.00; and authorizing execution of a construction contract with Cordova Construction Company Inc., of Nacogdoches, TX in the amount of$786,210.00 for the American Bank Center& Exhibition Hall & Convention Center Restroom Upgrades project. (Capital Outlay Project FY 2018). Mayor McComb referred to Item 26. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to appropriate funding from the Hotel Occupancy Tax Fund and execute a construction contract with Cordova Construction Company, Inc.for the American Bank Center&Exhibition Hall & Convention Center Restroom Upgrades. Mr. Edmonds provided information on the project's scope. There were no comments from the public. Council members and staff discussed the following topics: rebid of the project; the original bid for the project; and whether issues associated with vibrating pipes in a restroom located at the Convention Center were included in this project scope. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 27. First Reading Ordinance -Amending City Code to decrease speed limit on Beach Access Road 3A Ordinance amending Code of Ordinances to decrease the speed limit on Beach Access Road 3A; providing for penalty. Mayor McComb referred to Item 27. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances to decrease the speed limit on Beach Access Road 3A,from Saint Bartholomew Avenue to the beach to a speed of 15 miles per hour. There were no comments from the Council or the public. City of Corpus Christi Page 21 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Council members and staff discussed: the condition of the sidewalk on 3A; and the recent vandalism of the newly installed bathrooms at Packery Channel. Council Member Molina 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: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 28 - 34) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that there were no planned presentations on these items. 28. Resolution authorizing submission of grant application for funding under Local Border Security Program Resolution authorizing submission of grant application to Office of the Governor for funding under Local Border Security Program. This Resolution was recommended to the consent agenda. 29. Service Agreement for one-year with two one-year options for Overhead Door Repair and Maintenence for the Fire Department Motion authorizing a one-year service agreement with Hub City Overhead Door Co., Inc. of Corpus Christi, Texas for a total amount not to exceed $56,325, with two one-year options for a total potential multi-year amount of$168,975. This Motion was recommended to the consent agenda. 30. Contribution-In-Aid-of-Construction Agreements with AEP Motion authorizing execution of Contribution-In-Aid-of-Construction Agreements with AEP in the amount of$87,178.02 for installation of streetlights on Ennis Joslin from South Padre Island Drive (SPID) to Williams Drive and in the amount of$80,641.54 for installation of street lights on Ennis Joslin from Williams Drive to Holly Road. This Motion was recommended to the consent agenda. 31. Supply Agreement for 36 months for Manhole Covers for the Utilities Department City of Corpus Christi Paye 22 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 Motion authorizing a 36-month supply agreement with Core & Main, L.P., of Corpus Christi, Texas, for Manhole Covers for the Utilities Department for a total amount not to exceed $166,185.00. This Motion was recommended to the consent agenda. 32. Service Agreement for one-year with two one-year options for hauling services for the Utilities Department Motion authorizing a one-year service agreement for hauling services with Tahoe Trucking, LLC. of Robstown, Texas for$269,850, with two one-year options for a total potential multi-year amount of$ 809,550. This Motion was recommended to the consent agenda. 33. Resolution authorizing a five-year service agreement for Koha Integrated Library System Service and support for the Libraries Department Resolution authorizing a five-year service agreement with ByWater Solutions, from Santa Barbara, California, for a total amount not to exceed $100,000.00. This Resolution was recommended to the consent agenda. 34. Type A Agreement -CCREDC Program Management and Funding Motion to approve an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to fund services provided to the Corporation by the Corpus Christi Regional Economic Development Corporation in the amount of$125,000. This Motion was recommended to the consent agenda. S. EXECUTIVE SESSION: (ITEMS 39 -40) Mayor McComb referred to Executive Session Items 39 and 40. The Council went into executive session at 7:10 p.m. The Council returned from Executive Session at 8:37 p.m. 39. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential contracts, proposals or responses to requests for information related to operation, management, license, lease or transfer of parts of the City's water or wastewater management system, including, but not limited to the City's water or wastewater treatment plants and pursuant to Texas Government Code § 551.072 to deliberate the potential purchase, exchange, lease, or value of real property, including, but not limited to City of Corpus Christi Page 23 Printed on 3/23/2018 City Council Meeting Minutes March 20,2018 parts of the City's wastewater management system, including, but not limited to the City's water or wastewater treatment plants or real property rights that might be utilized for any of the aforementioned uses. This E-Session Item was discussed in executive session. 40. 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. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 8:40 p.m. City of Corpus Christi Page 24 Printed on 3/23/2018 City Of Corpus Christi ANIMAL CARE ADVISORY COMMITTEE BOARD DETAILS The Animal Care Advisory Committee SIZE ; 72 advises the City Council and City TERM LENGTH 3 Years qq Manager on all aspects of animal control OVERVIEW TERM LIMIT 6 Yearsincluding fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Committee shall be advisory only. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION It shall consist of seven (7)members.Terms will be for three-years.At least one F-�'k member shall be a veterinarian.Two members shall be members of local animal welfare organizations(at least one of the organizations must operate an animal shelter).The remaining four members shall represent the community at-large.All members shall serve until their successors are appointed and qualified and each DETAILS shall be a resident of the City.The City Manager or his representative and the Animal Care Services Manager shall serve as ex-officio members of the Committee without vote.The Committee,by majority vote,shall elect its own Chairman who shall preside at all meetings of the Committee and a Vice- Chairman who shall act as president in the absence of the Chairman.The Animal Care Services Manager or his designated representative shall serve as the secretary of the Committee.The Animal Care Advisory Committee is designated as the Animal Shelter Committee required by the Health and Safety Code. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-115, Code of Ordinances.Ord. Nos. 14214-2/22/78; 17573-4/20/83; 17748-7/27/83;20294-5/3/88;024461 -5/22/01; 030405- 1/20/15. _.............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of every month, 12:30 p.m.,Animal Care Facility Conference Room, 2626 Holly. .................................................................................................................................................................................................................................................... TERM DETAILS Three-year terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Corpus Christi Police Department _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION ANIMAL CARE ADVISORY COMMITTEE Page 1 of 1 Animal Care Advisory Committee March 27,2018 Two (2) vacancies with terms to 5/31/18 and 5/31/19 representing the following categories: 1 - Community At-Large and 1 Veterinarian.(Note:Staff is recommending the postponement of the Veterinarian category for further recruitment.) Board 9 IN No Keera E Seiger ANIMAL CARE ADVISORY COMMITTEE Resigned District 4 Partial 5/31/18 Community At-Large Dr Sara Andux ANIMAL CARE ADVISORY COMMITTEE Resigned District 5 1 5/31/19 Veterinarian Cheryl Martinez ANIMAL CARE ADVISORY COMMITTEE Active District 1 2 5/31/18 Animal Welfare Samantha Person ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/19 Animal Welfare/Shelter Linda A Gibeaut ANIMAL CARE ADVISORY COMMITTEE Active District 2 1 5/31/20 Community At-Large Margaret R.Obregon ANIMAL CARE ADVISORY COMMITTEE Active District 2 1 5/31/19 Community At-Large Sharon Ray ANIMAL CARE ADVISORY COMMITTEE Active District 5 1 5/31/20 Community At-Large Animal Care Advisory Committee Applicants March 27,2018 M� Community At-Large Connie B Bowen ANIMAL CARE ADVISORY COMMITTEE District K9 Convoy 4937 Jo Ann Street Corpus Christi TX Local Animal Welfare Organization Melissa DBruton ANIMAL CARE ADVISORY COMMITTEE District CCRV 8045 IH 37 Corpus Christi TX Community At-Large Mark Crider ANIMAL CARE ADVISORY COMMITTEE District Retired Corpus Christi TX Community At-Large Heather Harris ANIMAL CARE ADVISORY COMMITTEE District Retired RN and teacher Corpus Christi TX Community At-Large Zachary King ANIMAL CARE ADVISORY COMMITTEE District Nueces County 70S W.AveA Port Aransas TX Community At-Large Karla Loften ANIMAL CARE ADVISORY COMMITTEE District 1 TAMBC Inc 4418 Leopard St Corpus Christi TX Community At-Large Community At-Large Cynthia K Matlock ANIMAL CARE ADVISORY COMMITTEE District S De La Fuente Construction,Inc. 1321 Glenoak Drive Corpus Christi TX Local Animal Welfare Organization Rosie Saenz ANIMAL CARE ADVISORY COMMITTEE District School of Science and Technology 4737 Saratoga Corpus Christi TX Community At-Large Jake A Trevino ANI MAL CARE ADVISORY COMM ITTEE District CC Area Oil Spill Control 1231 Navigation Blvd Corpus christi TX Community At-Large Carrie L Withers ANIMAL CARE ADVISORY COMMITTEE District Corpus Christi Army Depot 308 Crecy Street Corpus Christi TX Community At-Large CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Connie B Bowen Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 3 (Note: If you do not know your district click here) Current resident of the city? r Yes r` No 40 years If yes,how many years? Are you a registered voter? r Yes No Primary Phone Alternate Phone K9 Convoy Owner Employer Job Title 4937 Jo Ann Street Work Address-Street Address and Suite Number Connie B Bowen Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78415 Work Address-Zip Code 3615103764 Work Phone K9convoy@yahoo.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? ANIMAL CARE 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) I am the President and a founder of the local foster based animal rescue FAITH & HOPE Foundation. In addition to rescue, I also have an animal transport business that takes approximately 100 dogs out of the Coastal Bend Area Why are you interested in serving on a City board, commission or committee? I would like to be part of the solution to the local stray and pet ownership issues in Corpus Christi. Upload a Resume Connie B Bowen Page 2 of 6 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 Connie B Bowen Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Connie B Bowen Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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 ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Local Animal Welfare Organization Connie B Bowen Page 5 of 6 Connie B Bowen Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Nov 10, 2016 Application for a City Board, Commission, Committee or Corporation Profile Melissa D Bruton Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 3 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone CCRV sales representative Employer Job Title 8045 IH 37 Work Address-Street Address and Suite Number Melissa D Bruton Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78409 Work Address-Zip Code 361-289-5400 Work Phone melissa@ccrv.net Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) former zookeeper, volunteered at numerous animal care facilities, ran a pet sitting business, managerial experience Why are you interested in serving on a City board, commission or committee? Upload a Resume Melissa D Bruton Page 2 of 6 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. F- I Agree Melissa D Bruton Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 r No Melissa D Bruton Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Melissa D Bruton Page 5 of 6 Melissa D Bruton Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Nov 27, 2017 Application for a City Board, Commission, Committee or Corporation Profile Mark Crider 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? W District 1 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 76 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Retired Employer Job Title retired Work Address-Street Address and Suite Number Mark Crider Page 1 of 6 Work Address-City Work Address-State Work Address-Zip Code Work Phone retired Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Animal Advocate Why are you interested in serving on a City board, commission or committee? I would like to see improvement and changes in the way the city deal with animals in the community. Helping to make changes in city ordinances is just one of the ways to go forward. Upload a Resume Mark Crider Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mark Crider Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Mark Crider Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. Did not answer yes Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Mark Crider Page 5 of 6 Mark Crider Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Heather Harris Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 2 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Retired RN and teacher _ Employer Job Title 1925 Waldron Work Address-Street Address and Suite Number Heather Harris Page 1 of 6 Corpus Christi Work Address-City Tx Work Address-State 78418 Work Address-Zip Code 830-353-3849 Work Phone hah153@aol.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) BS in education. 5 years teaching experience. AD in Nursing - 24 yrs nursing experience Currently serving as President of South Texas Master Naturalists. Heather Harris Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I care a lot about animals and have 10 rescues at home, a horse, 2 donkeys, 6 dogs and a cat. I believe that I have some ideas to better the lives of animals in our city, and enhancing the lives of our residents, as a result. I used to volunteer with Habitat for Horses and Lone Star Equine Rescue. I have trained 2 mustang mares. I had 9 horses and 5 donkeys (fosters) at one time, along with 5 dogs and four cats, 2 rabbits, 2 ducks and 10 chickens that were rescued and rehomed. All animals are up-to-date on shots, Heartgard, Nexgard, chipped and fixed, the livestock are only up-to-date on shots as the other treatments are not applicable to them. Upload a Resume Please upload any additional supporting documents. Demographics W Caucasian/Non-Hispanic Gender V 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 Heather Harris 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. 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Heather Harris Page 4 of 6 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? r Yes r., 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 (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes t. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I didn't answer yes to any of the questions. Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Heather Harris Page 5 of 6 Heather Harris Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Feb 22, 2018 Application for a City Board, Commission, Committee or Corporation Profile Zachary King Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 5 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Nueces County Deputy Constable Employer Job Title 705 W. Ave A Work Address-Street Address and Suite Number Zachary King Page 1 of 6 Port Aransas Work Address-City TX Work Address-State 78373 Work Address-Zip Code 361-749-5212 Work Phone officerzach@gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? I love animals and desire to be involved in overseeing their welfare. Upload a Resume Please upload any additional supporting documents. Zachary King Page 2 of 6 Demographics Ethnicity w Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Zachary King Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Zachary King Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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 ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Zachary King Page 5 of 6 Zachary King Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: May 23, 2017 Application for a City Board, Commission, Committee or Corporation Profile KARLA K LOFTEN First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 12 If yes,how many years? Primary Phone Alternate Phone Tambc inc not collected Employer Job Title 4418 leopard st Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State KARLA K LOFTEN Page 1 of 5 78408 Work Address-Zip Code 3618824901 Work Phone Karlaloften@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) I am the contact for an organization called Paws Across America and a local animal advocate Why are you interested in serving on a City board, commission or committee? I feel I can bring ideas along with solutions that could possibly help our city's issues with strays and enforcement of violations Demographics Gender 9 Female KARLA K LOFTEN Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 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 KARLA K LOFTEN Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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- YesrNo 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? ( Yes r- 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 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. KARLA K LOFTEN Page 4 of 5 Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above KARLA K LOFTEN Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Mar 15, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms Cynthia K Matlock Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 5 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 55 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone De La Fuente Construction, Inc. Project Administrator/Accounting Employer Job Title 1321 Glenoak Drive Work Address-Street Address and Suite Number Ms Cynthia K Matlock Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78418 Work Address-Zip Code (361-937-9300 Work Phone cmatlock@dlfci.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) Yes, I work with the community to help save animals. I work with several rescue organizations, I do fund raisers for them, donate for vetting, transports, food, etc. I also foster for different organizations. I also rescue on my own. I have been involved in rescuing and saving animals for nearly 40 years. I have a lot of experience in rescue and in community involvement. Ms Cynthia K Matlock Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I would like to try to help make a difference in the life's of the animals and the problems concerning them. I think that with the right people who are willing to try to educate the public and work to help control the stray population we can make a difference. I also believe that getting the word out on spay and neutering would help tremendously. I believe the citizens need to be advised of the current laws and that they need to stop breaking them. cindys resume_3-15-18.docx Upload a Resume Archer_letter.pdf Please upload any additional supporting documents. Demographics 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 Ms Cynthia K Matlock 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. 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Ms Cynthia K Matlock Page 4 of 6 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? r Yes r., 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 (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes t. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. did not answer yes to any of the above questions. Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ Local Animal Welfare Organization Ms Cynthia K Matlock Page 5 of 6 Ms Cynthia K Matlock Page 6 of 6 41orr Summary Successful office professional with 40 years of work experience. 17 years in administrative position, 28 years payroll experience, 19 years management experience, 23 years in accounts payable and accounts receivables, 28 years bookkeeping and 29 years invoicing. A profession with a record of increased responsibility. Proficient in prioritizing and completing tasks in a timely manner, yet flexible to multi-task when necessary. Always willing to learn new programs and processes. A team player who is attentive to detail and able to work in a fast paced environment. Excellent oral and written communication skills. Highlights of Qualifications Diverse management experience to a broad range of opportunities. Proficient in Payroll & Payroll Accruals, HR, Accounting, Management Skills, Employee Relations, A/P, A/R, Invoicing, Quarterly Reports, Microsoft Excel, Microsoft Outlook, RTMS, Ajera and other accounting programs. Professional Background De La Fuente Construction, Inc. 03-06-2018 to Present & Safe-Net Services, LLC. Project Administrator/Accounting • Project Administrator - consisting of locating new projects to bid. • Coordinating all paperwork and contacting sub-contractors to bid the projects. • Receiving all bids from contractors to for proposed project. • Preparing all files for the project and maintaining them throughout the job. • Tracking all certified payroll, w-9's, certificates of insurance and daily logs. • Receiving Invoices for subcontractors and suppliers, coding of invoices and entering all invoices into quick books. • Preparing all Release of Liens monthly for subcontractors and suppliers for payment. • Scanning and printing all blue prints for projects. • Printing and preparing all submittals for each project. • Coordinating payroll for employees and contractors. • Preparing weekly quick book reports for tracking of accruals and vendor details. • Maintaining all A/P and A/R • HR - maintaining employee's files, applications and training. • Assisting the Superintendents on each project. • Responsible for submittal and contractual documents. • Assist with budgeting of projects. • Running Background Checks Onyx Engineering 05-03-2014 to 10-21-2015 Please refer all employment verification to Insperity - contact #800-242-8893 Ext. 3796 Technician 3 - Accounting Dept. • Responsible for receiving time sheets from Engineer's for their projects and entering them into the Ajera accounting program. • Balancing employee's hours and matching them in the Valero Tracking System. • Matching invoice with tracks reconciliations and billing summaries and invoicing them. • Assist the safety department with billing. • Assistant backup to the accounting department. Allis-Chalmers/Archer/Irongate Tubular 03-30-2010 to 01-31- 2014 Tubular Division District Administrative Assistant • Coordinate payroll for both employees and contractors. • Calculate salaries and benefits including verification of pay, hours worked as well as deductions. • Facilitated application process ensuring that proper identification was received and documented. • Coordinated the paperwork and testing for all staff, standard and D.O.T. DISA drug screens, as well as physicals and safety training. • Create employee files and ensured they were up to date and contained all necessary documentation. • Responsible for informing dispatch office of all new employees and their assigned department. • Provide new employee orientation with regard to handbooks and code of conduct books. • Responsible for the completion of HR change forms such as terminations, salary changes, changes in classification, vacation and sick leave. • Facilitated all the paperwork for employee's medical, dental and vision insurance and 401K plans. • Having district manager approve and sign off on applications and hiring packets. • Sending application to corporate for background and moving violation reports. • Billing and invoicing in the RTMS system. • Cleaning up and highlighting them on Microsoft excel spreadsheets. • Making copies of delivery tickets and time sheet to add to payroll. • Breaking down payroll on spreadsheets by category of jobs it is coded to. • Entering all personnel time, vacation time, and jury duty and safety bonuses into payroll. • Tracking and figuring which employee's get paid safety bonuses. • Handling employee's payroll checks. • Matching bids and delivery tickets for invoicing. • Giving equipment and performance reports to shop foreman and D.O.T. division. • Setting up and maintaining all billing files. • Listing all accruals on spreadsheets and send to corporate at end of month closing. • Compiling employee's information for their safety bonuses every quarter. • Breaking fuel reports down by employee and verifying dates and jobs with fuel usage. • Submit approved billing summaries to finance department for final invoicing. • Process and manage invoices for payment. • Making sure all delivery tickets are accurate and up to date. • Manage end of the month reports. • Accruals for payroll and revenue. • Ordering all office supplies, filing, answering phones. • Training new employees. The Kidz Store & Home Decor 06-01-2005 to 12-23-2008 Manager/Owner • Responsible for daily operations - including customer relations. • Compute, classify and record numerical data to keep financial records complete. • Plan, direct and coordinate the work of the employee's. • Determine the demand for products and services. • Responsible for providing financial and administrative services. • Process and monitor payments and expenditures. • Making sure all A/P and A/R are accurate and up to date. • Making sure that vendors and suppliers are paid within the established time limits. • Receive and verify invoices for good and services. • Verify that transactions comply with financial policies. • Prepare batches of invoices for data entry. • Manage weekly run of revenue. • Record all checks and prepare all bank reconciliations. • Supervise and coordinate the activities of clerical and administrative workers. • Prepare vendor checks for mailing. • Maintain and enter all information into accounting system for CPA. • Ordering all inventory and merchandise. • Compile and post employee time and payroll data. • Establish and maintain confidential employee files. • Compiling and preparing all quarterly and financial reports. C & J Well Service, Inc. 06-06-1991 to 02- 14-2001 Owner • Coordinate payroll for employees and contractors. • Record all checks and prepare all bank reconciliations. • Maintain all records for Texas Workforce and I.R.S. - quarterly and annually. • Teach and instruct occupational subjects to the postsecondary level. • Compile data, compute fees and charges, and prepare invoices for billing purposes. • Compiling and preparing all quarterly reports and financial reports. • Schedule worker's comp training and safety coordination. • Calculated salaries and bonuses. • Facilitated application process ensuring that proper identification was received and documented. • Hiring and Firing of employees. • Create employee files and ensured they are up to date and contained all necessary documentation. • Setup and maintained all spreadsheets in the DTK system. • Entered all personal time, vacation time, jury duty and safety bonuses onto payroll spreadsheets. • Maintained fuel logs and reports on spreadsheets. • Teach and instruct occupational subjects to the postsecondary level. • Calculated salaries and bonuses including verification of pay, hours worked and deductions. • Planned, directed and coordinated all human resource management activities of the company. • Examined, analyzed and interpreted accounting records for the purpose of giving advice or preparing statements. • Supervised employees on job responsibilities. • Held interviews with persons desiring a position within the organization. • Coordinated the work orders and movement of service to the customer. • Planned all work activities and resources necessary to maximize work load. • Planned and coordinated all drug testing, physical and moving violation reports. • Kept all financial records complete. • Established and maintained confidential employee files. • Invoiced all work orders and delivery tickets. • Maintained all well files and records on wells. • Verified all coding of payroll for job costing. • Making sure all vendors and suppliers were paid within established time limits. • Prepared financial reports to determine or maintain asset records. • Scheduling and dispatching jobs. June 24,2013 RC: Cynthia Matlock To Whom It May Concern: I would like to recommend Cynthia Matlock as a candidate for a position with your organization. Cynthia has been employed as a District Administrator since March 30, 2010; first with Allis Chalmers and then with Archer after the two companies merged. She would be a valuable addition to any organization. Cynthia does an excellent job in this position for our tubular division and is an asset to our organization. She assists Human Resources as it concerns her division and has many tasks that she must complete daily. She is extremely organized, can work independently and is able to effectively multi-task to ensure that all projects are completed on time. Cynthia is always willing to help and has an excellent rapport with her employers, employees and our clients. She would be an asset to any employer and I recommend her for any endeavor she chooses to pursue. If you should have any questions or concerns,please do not hesitate to call me at Thank you, Sharon Vara HR Divisional Coordinator CITY OF CORPUS CHRISTI Submit Date: Mar 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Rosie Saenz Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 3 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 28 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone School of Science and technology Asst Dean of Students Employer Job Title 4737 Saratoga Work Address-Street Address and Suite Number Rosie Saenz Page 1 of 6 Corpus Christi Work Address-City Tx Work Address-State 78413 Work Address-Zip Code 3618512450 Work Phone Rsaenz@ssttx.org Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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) MEd, BA, STEM Teachers, volunteer at GCHS, PAAC Why are you interested in serving on a City board, commission or committee? I have been a volunteer and advocate for animals in Corpus Christi for over 10 years. I have a passion for caring, socializing, and saving animals. I'm also passionate about my career is n education. I feel that combining my passions to help educate and be a positive influence for our citizens towards animals, I can make a difference. Rosie resume.rtf Upload a Resume Rosie Saenz Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W American Indian/Alaskan Native Aleutian 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 Rosie Saenz Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Rosie Saenz Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. No suits involved with City or any entity. Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rosie Saenz Page 5 of 6 Rosie Saenz Page 6 of 6 ROSIE SAENZ OBJECTIVE As an experienced educator, I would like to create appealing, interesting,and unique strategies of teaching that facilitates critical thinking and problem solving in students. I would like to explore and my experience and knowledge between students and other teaching staff via increasingly diverse roles within the school community. CAREER SUMMARY Experienced educator with demonstrated ability to teach, motivate, and direct students while maintaining high attentiveness and accomplishment. Consistently maintain excellent relations with students, parents, faculty, and administrators towards the mission of learning. PROFESSIONAL EXPERIENCE Technology Applications Teacher Computer Science Teacher Assistant Dean of Students Aug 2012-Present School of Science&Technology—Corpus Christi, TX • Prepare lesson plans based upon district and state curriculum TEKS • Confer with students and parents • Robotics coach(FLL,TCEA) • Maintain classroom management • Create/maintain robotics mentorship programs between local colleges and SST • Coached teams to state TCEA championship past 3 years • Support technology integration with fellow teachers • Support SST Testing Coordinator(MAP, Online STAAR, etc) • Assist with dress code enforcement • Discipline K-12 students • Parent meetings regarding discipline issues/concerns • Student behavior contracts • Provide monthly discipline reports • Weekly attendance reports and providing required documentation • Responsible for detentions assigned • Investigations for incidents report • STEM Virtual National Judge past 2 years via US Army Engineers • Began Read and Roll Over Program jointly with Gulf Coast Humane Society • Google Aps Training • Flipping Classroom trained Science Lab Teacher Sept 2011-June 2012 Corpus Christi Independent School District—Corpus Christi,TX • Provide Science instruction for EC-5 grade classes • Prepare material and lesson plans per grade TEKS • Grant award recipient from CCEF • Develop and maintain science projects with students • Science club co-sponsor • Dyslexia coach utilizing READ180 Teacher Aug 2008—Nov 2010 Cesar E.Chavez Academy Charter-Corpus Christi, TX • Provide instruction in English, Reading,World History, and Technology for High School students • Prepare lesson plans based upon district and state curriculum using CSCOPE • Integrate technology into curriculum • Use of critical thinking skills and differentiated instructional strategies • Confer with student and parents • Maintain classroom management and student cooperation • Provide technology support for LEA • Experience with grant proposals and submissions • Provide teacher mentoring for new staff members • Prepare, administer, and grade tests and assignments to evaluate students'progress and development Teacher Aug 2007-Dec 2007 GCCLR- Corpus Christi,TX • Provide instruction in English and BCIS for Middle and High School students • Prepare lesson plans based upon district and state guidelines • Integrate technology into course curriculum • Additional assignments as requested • Complete grading, reports, and follow up paper work for students • Parent contacts and meetings Network Administrator Oct 2003-Aug 2007 AAI/ESI-Kingsville,TX • Manage Academics Network for Navy Ground Training • Provide User Support and develop/provide training for new users • Work on Instructional Design team for developing courseware • Provide troubleshooting, system maintenance, and system analysis • Implement new solutions for customers to promote higher efficiency • Develop and implement network installation for servers,workstations,and associated peripherals • Write documentation for system procedures, protocols, maintenance, and other items as required Network Administrator Nov 1995-Sept 2003 Boeing Aerospace-Kingsville,TX • Manage Academics Network for Navy Ground Training • Develop/provide high level training and customer care • Perform hardware/software installation on wide variety of computers and peripherals • Provide troubleshooting, system maintenance, and system analysis, and system integration • Implement new solutions for customers to promote higher efficiency • Develop and implement network installation for servers,workstations,and associated peripherals • Provide superior application support for students and support personnel • Communicate all issues to the appropriate authority professionally and in a timely manner EDUCATION Master's in Education (MEd)-Instructional Technology,February 2005 American InterContinental University Hoffman Estates, IL GPA 4.0 Bachelor's of Arts-History/English,March 1984 University of Maryland College Park EC-4 Generalist Exam EC-12 Technology Applications PPR EC-12 Exam— Texas Probationary Certificate English 9-12 PLTW CSE Certified CITY OF CORPUS CHRISTI Submit Date: Jun 20, 2016 Application for a City Board, Commission, Committee or Corporation Profile Jake A Trevino First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 25 If yes,how many years? Primary Phone Alternate Phone Cc area oil spill control Hazmat tech Employer Job Title 1231 navigation blvd Work Address-Street Address and Suite Number Corpus christi Work Address-City Texas Work Address-State Jake A Trevino Page 1 of 5 78403 Work Address-Zip Code 3614386612 Work Phone jakstax457@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted ANIMAL CARE ADVISORY COMMITTEE: Submitted Interests & Experiences Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Verification Jake A Trevino Page 2 of 5 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jake A Trevino Page 3 of 5 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? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo 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 r^ 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 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. Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Jake A Trevino Page 4 of 5 Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Public Art / Public Space Jake A Trevino Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Carrie L Withers First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 26 If yes,how many years? Primary Phone Alternate Phone Chief, Training and Employee Corpus Christi Army Depot Development Employer Job Title 308 Crecy Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Carrie L Withers Page 1 of 5 78419 Work Address-Zip Code 361-961-5541 Work Phone carrie.l.withers.civ@a mai1.miI Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE 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 do not. Education, Professional and/or Community Activity (Present) Member Del Mar College Business Advisory Committee. Treasurer and lifetime member of US Army Association of America (AAAA). Member and former President of Federal Manager's Association (FMA) Chapter 125. Volunteer (since May 2016) with People Assisting Animal Control (PAAC). Why are you interested in serving on a City board, commission or committee? Lynn Withers Bio for_City.docx Please upload any additional supporting documents. Demographics Carrie L Withers Page 2 of 5 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 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 Carrie L Withers Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 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- YesrNo 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? ( Yes r- 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 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. Carrie L Withers Page 4 of 5 Board-specific questions (if applicable) Carrie L Withers Page 5 of 5 UUU � CoMys eIYRISTIIffmYDEPOT BETTIN,FISTIR CBSHIFICTIVI `M ynn Withers Chief, Workforce Development A native of Corpus Christi, Texas, Lynn began her career with the Department of Defense at Lowry Air Force Base in Denver, Colorado in 1987. After a four year tour in Heidelberg, Germany Lynn returned to Corpus Christi and began working at the Corpus Christi Army Depot in 1991 as an Administrative Assistant in the Total Quality Management and Organizational Design Office. During her career at CCAD she served in several capacities to include Total Army Quality Specialist and Instructor, Business Development Specialist, Depot Operations Officer Assistant, Administrative Officer, Maintenance Systems Analyst, and Supervisory Technical Training Advisor. In July 2006, Lynn was selected as the Chief, Skills & Development Division in the Directorate of Human Capital Management. Lynn holds a number of certifications including Registered Third-Party Quality Systems Auditor, Administrator of the Myers- Briggs Personality Type Indicator, Certified Facilitator for the Covey Leadership Institute, Certified Motivational Speaker for Zig Ziglar See You At The Top Program, and Accredited Off-Campus Instructor for the Army Management Engineering College. Currently she serves as the Army Activity Career Program 32 (Training, Capabilities and Doctrine Warfighting Developers) Manager. Lynn is involved in several organizations and volunteer efforts including the Federal Managers Association (Chapter 125 Trustee), Army Aviation Association of America (Lifetime Member), Operation Christmas Spirit (Committee Member), and People Assisting Animal Control (PAAC). She is married to Blaine Withers and is a proud parent and step-parent to their blended family of five children, eight grandchildren and two great-grandchildren. Lynn and Blaine are animal advocates, with six rescue dogs of their own, they also contribute each year to various local animal charities and serve as fosters when called upon to do so. Scan with smart phone to visit our Public Affairs Office 308 Crecy St. Mail Stop#11 Command Ste. Room#116 Corpus Christi,TX 78419 website@ www.ccad.army.mil 361.961.3627 City Of Corpus Christi BUILDING STANDARDS BOARD BOARD DETAILS The Building Standards Board hears appeals SIZE under the Building Standards and Housing TERM LENGTH 3 Years Code, which shall be construed to secure the ad beneficial interests and purposes of safety, OVERVIEW TERM LIMIT 6 Years health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings or structures. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members,three(3)members at-large of whom shall be residents of the F-Elk City and home owners;one(1)shall be a lawyer,three(3)chosen from:realtor, architect,engineer,general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms.Elects its own chairman. DETAILS ......................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 13-23, Code of Ordinances.Ordinance No.7506-3-3-65;Ord. No.9811 - 6-24-70;Ord. No. 13546- 1-05-77;Ord. No.022423- 11-28-95. MEETS Every other month on the 4th Thursday, 1:30 p.m.,Council Chambers.The board shall meet within 30 days after notice of an appeal. Meetings are at City Hall.The Building Official or his designee shall keep a record of the business of this office. The records shall be open to public review. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Housing and Community Development .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION BUILDING STANDARDS BOARD Page 1 of 1 Building Standards Board March 27,2108 Three (3)vacancies with terms to 3/3/20 and 3/3/21 representing the following categories: 1 -At-Large/Homeowner, 2-chosen from: Realtor, Architect, Engineer, General Contractor,Home Builder or Building Materials Dealer. Craig Loving BUILDING STANDARDS BOARD Seeking Reapointment District 2 1 3/3/18 At-Large/Homeowner 67%4/6(2 exc.) Tim Honea BUILDING STANDARDS BOARD Seeking Reapointment District 5 1 3/3/18 Home Builder 100% 6/6 Matthew Ezell BUILDING STANDARDS BOARD Resigned District 2 2 3/3/20 General Contractor Dante C Miller BUILDING STANDARDS BOARD Active District 5 1 3/3/19 Home Builder Joel E De La Garza BUILDING STANDARDS BOARD Active District 4 1 3/3/20 Lawyer Gary K Adams BUILDING STANDARDS BOARD Active District 4 1 3/3/19 At-Large/Homeowner Lee Hassman BUILDING STANDARDS BOARD Active District 5 1 3/3/20 At-Large/Homeowner Building Standards Board Applicants March 27,2018 Boards Applying For ork Address Sheridan A Benning BUILDING STANDARDS BOARD District 4 Sheridan Outfitters DBA The Sharp Shooter 5515 S Staples Corpus Christi TX 361-980-1190 At-Large/Homeowner Pete G.Cavazos BUILDING STANDARDS BOARD District 2 Ed Rachal Foundation 555 N.Carancahua,Suite 700 Corpus Christi TX 361-881-9040 At-Large/Homeowner Craig C Hehner BUILDING STANDARDS BOARD District 1 Horton Automatic 4242 Baldwin Blvd Corpus Christi TX 361-866-6719 At-Large/Homeowner At-Large/Homeowner Realtor Lillian T Helms BUILDING STANDARDS BOARD District 2 Turner Industries Group 8601 IH 37 Access Road Corpus Christi TX 361-248-3005 General Contractor At-Large/Homeowner Michael M Miller BUILDING STANDARDS BOARD District 4 Teal Construction Company 5110-B IH 37 Corpus Christi TX 361-882-4825 General Contractor CITY OF CORPUS CHRISTI Submit Date: Feb 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sheridan A Benning Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 20 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Sheridan Outfitters DBA The Sharp Shooter Partner Employer Job Title 5515 S Staples Work Address-Street Address and Suite Number Sheridan A Benning Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78411 Work Address-Zip Code 3619801190 Work Phone Austin.benning@thesharpshooter.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted BUILDING STANDARDS BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some College still sparaticly attending TAMUCC. Managed my family's business inside Corpus Christi since I was 17. Lots of business and social media marketing experience. Why are you interested in serving on a City board, commission or committee? I want to get more involved in city politics. I love this city and want it to be the best it can. I've lived here the majority of my life and have seen great projects get passed on and not so great of projects get approved. Sheridan A Benning Page 2 of 6 Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity W Hispanic Gender V 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. TJ 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 Sheridan A Benning Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Sheridan A Benning Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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 ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P Visual Arts (painting, sculpture, arts media) P Marketing P Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r No Sheridan A Benning Page 5 of 6 Sheridan A Benning Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Pete G. Cavazos Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 2 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 49 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Ed Rachal Foundation _ Director of Facili y Operations Employer Job Title 555 N. Carancahua, suite 700 Work Address-Street Address and Suite Number Pete G. Cavazos Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78404 Work Address-Zip Code 361-881-9040 Work Phone pcavazos@edrachal.org Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Associates Degree in Architecture, Certified Building Code Official, Building Inspector, Plans Examiner, Coastal Construction Inspector and Fire Inspector. Why are you interested in serving on a City board, commission or committee? Upload a Resume Pete G. Cavazos Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Pete G. Cavazos Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 r No Pete G. Cavazos Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? t- Yes ( No Pete G. Cavazos Page 5 of 6 Pete G. Cavazos Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 1 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 37 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager Employer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Craig C Hebner Page 1 of 7 Corpus Christi Work Address-City Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted AIRPORT BOARD: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Craig C Hebner Page 2 of 7 Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craig Resume_5-1-16_22 .docx Upload a Resume Please upload any additional supporting documents. Demographics W Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I I Agree Craig C Hebner 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. 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes ( No Craig C Hebner Page 4 of 7 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? r Yes r 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? rYes 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 BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? Yes r No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you resided in the City for at least 3 years? Yes r No Craig C Hebner Page 5 of 7 Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r- Yes � No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you over 25 years of age? r Yes c- No Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Craig C Hebner Page 7 of 7 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Dec 18, 2017 Application for a City Board, Commission, Committee or Corporation Profile Lillian T Helms Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 2 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 2 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Business Development Turner Industries Group Executive Employer 8601 1H 37 Access Road Work Address-Street Address and Suite Number Lillian T Helms Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 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 CLEAN CITY ADVISORY COMMITTEE: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted BUILDING STANDARDS BOARD: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, not for the City. Education, Professional and/or Community Activity (Present) Over 25 years in progressive new Business Development in real estate, construction, oil & gas 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; Current Licensed Texas Real Estate Broker; owner of Helms Realty and L & D Construction CASA Advocate, Founder of LOVE Support Group {Ladies Overcoming Violence Empowered) to stop domestic violence and sexual assualt Lillian T Helms Page 2 of 6 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 Please upload any additional supporting documents. Demographics W Hispanic Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Lillian T Helms 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. 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? �- Yes (-- No Lillian T Helms Page 4 of 6 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? r Yes r., 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 (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes 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 BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Realtor General Contractor Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r No Lillian T Helms Page 5 of 6 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Local Chamber of Commerce Member Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? rJ Real Estate Agency W General Contractor/ Remodeler/ Homebuilder Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Oil and Gas Well Industry Nominee Lillian T Helms Page 6 of 6 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 13213 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: Jan 04, 2017 Application for a City Board, Commission, Committee or Corporation Profile Michael M Miller Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes f No 30 Total If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Teal Construction Company Director Employer Job Title 5110-13 IH 37 Work Address-Street Address and Suite Number Michael M Miller Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78407 Work Address-Zip Code 3618824825 Work Phone miller@tealcon.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? BUILDING STANDARDS BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Some College President of Corpus Christi Metro Ministries Board Member Goodwill Industries of South Texas Why are you interested in serving on a City board, commission or committee? Michael Miller Resume 1-4- 17.docx Upload a Resume Michael M Miller Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Michael M Miller Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 r No Michael M Miller Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? t- Yes ( No Michael M Miller Page 5 of 6 Michael M Miller Page 6 of 6 Michael M . Miller Objective To utilize my extensive construction and leadership skill sets in an effort to better the community in which I live. Experience Director of Business Development, Teal Construction Company January 2011-Present Currently serving as the business development director for the Corpus Christi, Houston, and San Antonio offices, as well as the general manager of the South Texas office. Oversee marketing efforts including direct mail, social media, tradeshows, promotional items, company branding, etc. Provide technical writing for the preparation of proposals and marketing materials. In charge of creating and maintaining relationships with clients, subcontractors, and vendors as well as providing a community presence for the company. Managing an office of 3 project managers, 2 projects coordinators, and 8 superintendents with an annual office revenue of $30,000,000. ® Integral in implementing new procedures and technology, company wide. Oversight of all operations including work in progress, cost to complete reports, schedule maintenance, reporting and financials for all regional offices with a combined annual revenue of over $80,000,000. Partner, Miller West, LTD May 2000-Present Active on behalf of my disabled father on his interests in our family ranching and oil & gas production operations. Management of cow/calf operations on roughly 8,000 acres of ranch property in Duval, Live Oak, and Bee counties. Management of family oil & gas production company which operates 3 active wells in Duval County. Review and execution of oil & gas mineral leases over numerous mineral properties located in Texas, Arkansas, Oklahoma, and New Mexico. Chief Estimator, KJM Commercial, Inc. October 2009-January 2011 Returned to KJM Commercial in order to elevate the portfolio of the company to include public projects. Implemented new technologies including on-screen takeoff software and created all new estimating templates. Performed as an estimator on projects ranging in value from $300,000 to $8,000,000. Chief Estimator, BARCOM Commercial, Inc. May 2008-October 2009 Performed as an estimator on projects ranging in value from $100,000 to $22,000,000. Coordinated production of qualifications packages and performed presentations during interviews. Compiled a proven track record as a consistently low bidder on projects including but not limited to K-12 institutions, higher education facilities, churches, and medical office buildings. Chief Estimator, KJM Commercial, Inc. May 2007-May 2008 • Performed as an estimator on projects ranging in value from $100,000 to $6,000,000. Both coordinated subcontractor bids as well as performed comprehensive material and labor takeoffs. Built schedules in order to accurately predict job duration. Compiled a proven track record as a consistently low bidder on projects including but not limited to medical office buildings, retail shells, financial institutions, restaurants, and "big box" interior finish outs. Education Leadership Corpus Christi, Class 40 2011 Participated in one of the state's oldest community leadership programs. The 12 month exclusive program provided leadership training for the unique business atmosphere in South Texas. Construction Estimating Institute, Houston, Texas 2007 Completed courses in concrete, general commercial construction, and earth work estimating. Blinn College, Bryan Campus 2003-2005 Completed business courses with the intent of pursuing a degree in Construction Science at Texas A&M University. Texas A&M University Corpus Christi 2000-2002 Completed coursework with the intent of pursuing a degree in Geology Community Involvement Corpus Christi Metro Ministries 2012-Present Currently serving as the President of the Board of Directors for a non-profit organization that provides a transitional program for the homeless of Corpus Christi. The 34 year old organization has an 80% success rate at transitioning its clients into a sustainable lifestyle with an annual budget of $2.2 million. 2 Goodwill Industries of South Texas 2015-Present Currently serving on the Board of Directors for Goodwill Industries of South Texas. Goodwill, among other programs, has 16 retail stores and services 20 counties from Victoria to Brownsville. In 2015 Goodwill served over 7,300 people across South Texas. "What's Up Corpus Christi?" 2012-2014 Developed a community calendar including a website and smart phone app for the citizens of Corpus Christi. Program is currently being operated by the Corpus Christi Chamber of Commerce. www.whatsupcc.oi 3 City Of Corpus Christi FOOD SERVICE ADVISORY COMMITTEE BOARD DETAILS The Food Service Advisory Committee advises SIZE the Director of Health on application of TERM LENGTH 3 Years ordinances regarding food and food OVERVIEW TERM LIMIT 6 Years establishments, reviews the permit fees annually to ensure the cost of the program is returned to the City, conducts hearings pursuant to the sections of the ordinance relating to revocations and makes written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members. The membership shall consist of four(4)local food managers F-Elk from the food service or food processing industries and three(3)persons from the community at-large.Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative,and one community member are reappointed each year. No voting member may serve DETAILS more than two terms of three-years each with the exception of those initially appointed for less than a full three-year term. ............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 19-65, Code of Ordinances.Ordinance No. 16026,20294-5/3/88;Ord. 023048,8/26/97 ........................................................................................................................................................................................................................... MEETS Every other month, 1st Tuesday,2:00 p.m., Public Health Dept.,Administration Conference Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Health Department .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION FOOD SERVICE ADVISORY COMMITTEE Page 1 of 1 Food Service Advisory Committee March 27,2018 Two(2)vacancies with terms to 6/24/18 representing the following categories:1-Community At-Large and 1-Local Food Manager from Food Service or Food Processing Industry. Robert Boyle FOOD SERVICE ADVISORY COMMITTEE Resigned District 2 6/24/18 Community At-Large Brian S.Carson FOOD SERVICE ADVISORY COMMITTEE Resigned District S 1 6/24/18 Local Food Manager from Food Service or Food Processing Industry Patricia Polastri FOOD SERVICE ADVISORY COMMITTEE Active District 2 2 6/24/19 Community At-Large Jonathan E Villarreal FOOD SERVICE ADVISORY COMMITTEE Active District 1 6/24/20 Community At-Large George Brown FOOD SERVICE ADVISORY COMMITTEE Active District 4 1 6/24/18 Local Food Manager from Food Service or Food Processing Industry Arturo L.Garcia Sr. FOOD SERVICE ADVISORY COMMITTEE Active District S 1 6/24/20 Local Food Manager from Food Service or Food Processing Industry Ted Schroeder FOOD SERVICE ADVISORY COMMITTEE Active District 3 1 6/24/19 Local Food Manager from Food Service or Food Processing Industry Food Service Advisory Committee Applicants March 27,2018 Boards Applying For ®® Community At-Large,Local Food Manager from Food Service or Food Malcolm De Shields FOOD SERVICE ADVISORY COMMITTEE District S The Bar-B-Q Man Restaurant 493111137 South Corpus Christi TX Processing Industry Community At-Large,Local Food Manager from Food Service or Food Alana LFischer FOOD SERVICE ADVISORY COMMITTEE District Ecolab 8600 Capital Drive Greensboro NC Processing Industry Community At-Large,Local Food Manager from Food Service or Food Julio A Garza FOOD SERVICE ADVISORY COMMITTEE District Stripes LLC 4S2S Ayers Street Corpus Christi TX Processing Industry Community At-Large,Local Food Manager from Food Service or Food Roman N Kindzirsky FOOD SERVICE ADVISORY COMMITTEE District 4 D'Lish Foods 2309 Blue Star Dr. Processing Industry Community At-Large,Local Food Manager from Food Service or Food Jude V Martin FOOD SERVICE ADVISORY COMMITTEE District Chartwells@Texas A&M Corpus Christi 6300 Ocean Drive Unit!Corpus Christi TX Processing Industry CITY OF CORPUS CHRISTI Submit Date: Mar 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Malcolm De Shields Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 5 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 63 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone The Bar-B-Q Man Restaurant President Employer Job Title 4931 1 H 37 South Work Address-Street Address and Suite Number Malcolm De Shields Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78408 Work Address-Zip Code 3618884248 Work Phone malcolm@thebbgman.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Coastal Bend Restaurant Association (CBRA) board member Education, Professional and/or Community Activity (Present) Why are you interested in serving on a City board, commission or committee? As a restaurant owner for the past 40 years here in Corpus Christi and having been involved with the Texas Restaurant Association for the past 30 years, I can lend my perspective as a business owner and citizen alike. Having lived all my life in Corpus Christi I have seen the developments in the food service industry; some good, some bad. With my extensive knowledge of the industry and years living in our community I believe I am a good candidate for this board. Malcolm De Shields Page 2 of 6 Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity W Caucasian/Non-Hispanic Gender V 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. TJ 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 Malcolm De Shields Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Malcolm De Shields Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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 FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Local Food Manager from Food Service or Food Processing Industry Malcolm De Shields Page 5 of 6 Malcolm De Shields Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Alana L Fischer Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 2 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Ecolab Territory Representative Employer Job Title 8600 Capital Drive Work Address-Street Address and Suite Number Alana L Fischer Page 1 of 6 Greensboro Work Address-City NC Work Address-State 27409 Work Address-Zip Code Work Phone alana.fischer@ecolab.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted FOOD SERVICE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I possess a Bachelor's degree in Biology,with a minor in environmental studies. Additionally, I hold certifications as a National Food Manager and a TCEQ Water Treatment Specialist. I currently work for Ecolab, a company that is the global leader in sustainable water, hygiene and energy. I also serve our community as the current chair of Nueces County voting precinct 122. Alana L Fischer Page 2 of 6 Why are you interested in serving on a City board, commission or committee? As I have come to join the Corpus Christi community, I have noticed an opportunity within our beautiful city to improve cleanliness as a whole. Public health, safety and the environment are important to our residents, economy and ultimate sustainability. I would like to volunteer my time, and knowledge, to support Corpus Christi's success. Alana Fischer resume 2017.doc Upload a Resume Please upload any additional supporting documents. Demographics None Selected Gender None Selected Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Alana L Fischer 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. 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Alana L Fischer Page 4 of 6 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? r Yes r., 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 (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes 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- All answers were No 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? W None of the above Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Local Food Manager from Food Service or Food Processing Industry Alana L Fischer Page 5 of 6 Alana L Fischer Page 6 of 6 EDUCATION Metropolitan State University of Denver Bachelors in Biology, December 2015 Minor: Environmental Studies Related Course work: • Biology concentrations: Comprehensive understanding of bacteria, fungi, parasites, viruses and their association as human and zoonotic pathogens. Microbial ecology, genetics and physiology; Vertebrate and Invertebrate zoology. Experienced in educational lab settings, aseptic technique. • Public Health, water and ecological courses: Epidemiology, statistical analysis, general public health concepts, essentials of water, basic water treatment, human ecological knowledge, environmental sustainability. • Interpersonal communication: Basic communication skills including verbal and non-verbal cues, creative problem solving strategies and candid listening. TRAINING ■ HACCP, HIPAA ■ National Registry of Food Managers Certification ■ TCEQ Water Treatment Specialist Certification, Class II INTERNSHIP • Upper Colorado Endangered Fish Recovery Program, Department of Fish and Wildlife o Data entry, research support, water management plans, education and outreach events and organizational clerical work. EXPERIENCE Territory Representative- Ecolab Kay Chemical 2015 to Present • Ensure internal food safety and sanitation compliance through reviews at customer sites, SOP training • Utilize computer systems to plan territory travel route to meet weekly, monthly, quarterly and annual deadlines • Complete maintenance on chemical dispensing equipment, following state & federal regulations, chemical titrations Assistant Store Manager- King Soopers Grocers (Kroger), all three Boulder locations 2012 to July 2015 • Prepare budgets, maintain regulatory documentation, monitor daily operations, enforce Standard Operating Procedures • Extensive food safety training, internal audits and reviews, inventory management, merchandising standards • Engage 130+ associates by providing an energetic, creative, safe and driven team environment • Positively coach, train, provide feedback and identify opportunities, while providing excellent customer service Service &Bakery Manager positions - King Soopers 2007 to 2012 • Manage Front-End Check-Out and offer superior, effective and friendly customer service. Direct the Front-End team of 30+ associates. Manage costs, inventory control, ordering, sales initiatives, customer loyalty and department safety. CITY OF CORPUS CHRISTI Submit Date: Jan 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Julio A Garza Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 2 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 31 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Stripes LLC Regional Restaurant Manager Employer Job Title 4525 Ayers Street Work Address-Street Address and Suite Number Julio A Garza Page 1 of 6 Corpus Christi Work Address-City Texas Work Address-State 78415 Work Address-Zip Code 361-215-2584 Work Phone Julio.Garza@sunoco.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? FOOD SERVICE 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) Del Mar College- Associates in Business Administration, Texas A&M Corpus Christi- Marketing, BBA Why are you interested in serving on a City board, commission or committee? I would like to become part of the board to ensure that our company is continuously contributing to the community. Also to ensure we are calibrated with all current and future expectations. A desire to have a voice in decision making, community contributor and provide my professional opinion. Resume 2017 May.docx Upload a Resume Julio A Garza Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Julio A Garza Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Julio A Garza Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. No Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Local Food Manager from Food Service or Food Processing Industry Julio A Garza Page 5 of 6 Julio A Garza Page 6 of 6 Julio Garza Objective Utilize my experience and apply them to a position that requires creative problem solving and lean management skills to achieve optimum utilization of its resources and maximize profits. Experience Restaurant Project Manager Stripes Company 08/2016- Present • Coordinating internal resources and third parties/vendors for the execution of projects • Ensuring that all projects are delivered on-time, within scope and within budget • Ensuring resource availability and allocation • Business Skills • Time Management • Budgeting and Analysis Multi-Unit Mobile Coordinator Stripes, Texas Area 01/2015- Present • Determine Areas to expose Brand • Develop Brand Equity • Drive Sales • Coordinate all operation of Laredo Taco Brand • Network New Markets • Generate Leads • Monitor Budgets Area Manager Stripes, Corpus Christi, TX 01/2011 - 01/2015 • Evaluate area performance and recommend new strategies that will help improve the area retail and food service results. • Address business issues with team members and guests in a professional manner. • Assist General Manager in employee recruitment, performance evaluation promotion, and retention and termination procedures. • Identify opportunities and provide a training solution that helps improve process. General Manager Stripes, Beeville, TX 05/2009 - 12/2011 • Directly drive sales and profits in a high volume, complex location. • Oversees and ensures that the overall store condition complies with company standards including; cleanliness, store and foodservice-fast, friendly and delicious, sanitation procedures, customer service and merchandising of products. • Maximizing store profitability and managing expense control, inventory levels and shortage control. • Manage quality and consistent marketing and merchandising of store and food service programs. • Build strong sales team through recruiting, hiring, training and coaching to develop top performing team members. • Plan and prepare work schedules to provide the best possible level of customer service. Education Associates in Business Administration Del Mar College, Corpus Christi, TX December 2011 Bachelor Degree in Marketing Texas A&M, Corpus Christi, TX- Graduated 2016 2 CITY OF CORPUS CHRISTI Submit Date: Jan 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Roman N Kindzirsky Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 13 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone D'Lish Foods Owner Employer Job Title 2309 Blue Star Dr. Work Address-Street Address and Suite Number Roman N Kindzirsky Page 1 of 6 Work Address-City Work Address-State Work Address-Zip Code Work Phone dlishfoodscc@gmail.com Work E-mail address Preferred Mailing Address None Selected Which Boards would you like to apply for? FOOD SERVICE 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) Del Mar College graduate. TAMUCC graduate with BA Business Administration. On the board for Corpus Christi Downtown Farmers Market. Why are you interested in serving on a City board, commission or committee? I want to be more involved with the city and community my family lives in. I have been in food service since I was old enough to work. I believe that I have a wealth of knowledge in the food service industry. Having worked every job in a restaurant including general manager and owner, I believe I can look at problems from more than one viewpoint. Roman N Kindzirsky Page 2 of 6 Roman_Kindzirsky NEW_Resume_8 20_2017.docx Upload a Resume Please upload any additional supporting documents. Demographics Ethnicity W Caucasian/Non-Hispanic Gender V 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. TJ 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 Roman N Kindzirsky Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Roman N Kindzirsky Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. NA Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Local Food Manager from Food Service or Food Processing Industry Roman N Kindzirsky Page 5 of 6 Roman N Kindzirsky Page 6 of 6 ROMAN KINDZIRSKY OBJECTIVE Seeking a position as General Manager with opportunity for growth, allowing me to utilize my experience in customer service. EDUCATION Spring 2012 Texas A&M University—Corpus Christi Corpus Christi, TX Bachelors in Business Administration Major: Management SKILLS SUMMARY ■ Team Building ■ Detail Oriented 0 Staff Development ■ Problem Solver 0 Back of House Optimization 0 Community Engagement ■ Adaptable 0 Creating Partnerships PROFESSIONAL EXPERIENCE June 2015 —Aug. 2017 D'Lish Foods Catering and Food Trailer Corpus Christi, TX Owner/Operator ■ Running all day to day operations ■ Responsible for booking events, festivals and catering orders ■ Successfully served events from small business functions to large weddings with 400+ guests ■ Execute all aspects of marketing including advertising, social media, and establishing local partnerships ■ Responsible for all company accounting, record keeping, and administrative functions ■ Established relationships with local farmers and the Corpus Christi Downtown Farmer's Market to incorporate locally grown produce in menu options Jan. 2011 — June 2015 Pizza Hut — Muy Pizza LLC. Corpus Christi, TX General Manager ■ Received highest score in the market for internal corporate audit ■ Duties included controlling labor, cash, and inventory ■ Focus on building great teams and delivering consistent results ■ Utilized throughout the district to improve "break-down" stores June 2008 — Jan. 2011 Port Aransas Brewing Co./ Beaches Cafe Corpus Christi, TX Senior Manager • Assisted in the development of both restaurants from concept to fully operational established businesses ■ Created and implemented Employee Standards and Employee Handbook ■ Assisted in the menu development process ■ Accountable for acquiring /training employees and employee relations LANGUAGE SKILLS ■ English/Russian/Ukrainian CITY OF CORPUS CHRISTI Submit Date: Jan 16, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Jude V Martin Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 4 (Note: If you do not know your district click here) Current resident of the city? Yes f No 3.5 If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Chartwells @ Texas A&M Corpus Christi _ Resident District Manager Employer Job Title 6300 Ocean Drive Unit 5763 Work Address-Street Address and Suite Number Mr Jude V Martin Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78412 Work Address-Zip Code 3618254357 Work Phone Jude.martin@compass-usa.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? FOOD SERVICE 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, not at this time Education, Professional and/or Community Activity (Present) AOS Culinary Arts - Johnson & Wales University Why are you interested in serving on a City board, commission or committee? Yes JudeVMartin22FMP2017.rtf Upload a Resume Please upload any additional supporting documents. Mr Jude V Martin Page 2 of 6 Demographics Ethnicity w Caucasian/Non-Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mr Jude V Martin Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree 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 e 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 ' No Mr Jude V Martin Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? 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. Did not answer yes to any of the questions. Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * fJ Local Food Manager from Food Service or Food Processing Industry Mr Jude V Martin Page 5 of 6 Mr Jude V Martin Page 6 of 6 Jude V.Martin,FMP Career Summary: Experienced corporate level multi-unit food service management professional with 30 years'experience as Multi- unit, Senior Director of Dining Services and Executive Chef. Catering,Fine dining and casual restaurant experience as well college and university and retirement communities. Direct involvement with client interaction. Professional History. Resident District Manager 711 51201 6—Current Chartwells Dining Service—Texas A&M Corpus Christi—Corpus Christi,TX • Promoted from Director of Operations to Resident District Manager • Managed volume of$10 million dollars • Manage a team of 11 salaried manager and 200 hourly associates • Trained and developed a strong management team, several that began as hourly associates • Oversee 14 dining locations including Residential Dining, Catering and retail outlets • Develop operating budgets for 10 individual cost centers across campus • Complete weekly and monthly P&L reports for all locations Director of Operations 7/15/2014—7/15/2016 Chartwells Dining Service—Texas A&M Corpus Christi—Corpus Christi,TX • Opened the first state of the art residential dining hall on campus • Hired,trained and developed staff of 70 associates for new dining facility • Opened newly renovated University Center Food Court featuring 3 national brand restaurants and 4 internal brand concepts • Manage and developed management staff of 7 and 180+hourly associates • Instrumental in growth of revenue for campus from$3.5 million to $9.0 million over 2'A years • Responsible for developing annual budget and forecasting • Oversee 14 dining locations, a residential dining hall, food truck and catering department • Strong working knowledge of all Corporate Financial reporting systems and associate management Senior Director of Dining Services 2/1/2010—7/1/2014 Chartwells Dining Service-Randolph-Macon Collage—Ashland,VA • Oversaw the entire Dining Service program in a college setting including board plan, retail and catering. • Maintained great client relationships with clear communication and exceeding expectations daily. • Responsible for developing annual budget with volume of$3.75 million. • Strong leadership role in developing managers and hourly staff. • Build and develop strong team atmosphere with all associates. • Lead a team of 4 Managers • Manage a team of 70 full and part time associates • Experience with Micros and CBord for board plan tracking and cash transactions. • Proficient with Corporate specific business reporting systems • Designed and opened 2 new dining venues and a coffee shop on campus • Instrumental in securing an additional 7 years to the contract with the University Assistant Location Manager 9/15/08—1/25/2010 Aramark-James Madison University, Harrisonburg, VA • Manage the daily operation of a high volume residential dining venue. • Improve and implement new menu concepts and programs • Responsible for the scheduling of a staff of 90 full and part time employee • Ensure highest level of food quality, customer service and adherence to program standards • Build and develop a strong staff through training and development and encouraging staff to take ownership of work and taking pride in their job Corporate Director of Dining Services&Hospitality 7/01/06-6/08/08 Sunnyside Retirement Communities, Harrisonburg,Virginia • Head of a project team charged with designing and implementing new dining concepts including major renovations of existing facility kitchen and servery design, menu developing, major equipment, interior design purchases and over all decision making • Oversee management over and strategic planning for four dining facilities in three communities. • Conduct training and support to all account Food Service Directors in the areas of purchasing, food cost control, production, presentation, catering and special events. • Ensure food safety standards are established and met for all regulatory agencies at all accounts. Director of Dining Services 1/1/05- 7/01/06 Pioneer College Caterers,Inc. Harrisonburg Virginia • 2005 Director of Dining Services Rookie of the year for Pioneer College Caterers. • Responsible for all operations of a high volume P&L account in a multi-unit college setting. • Exceeded budgeted profits by 100%in first full year. • Planned theme meals and monotony breakers to increase variety and student satisfaction. • Hiring,training, labor, scheduling, inventory, ordering, purchasing and cost controls as well as payroll. • Planned and Coordinated special events and catering for individual client requirements ranging from upscale plated dinners to full service buffets and receptions up to 1000 guests. Assistant Food Service Director/Executive Chef 12/1998- 12/04 Chartwells Dining Service, Staunton Virginia Chartwells Dining Service, Bridgewater,Virginia • Day-to-day management of the kitchen and performance of the hourly staff. • Ordering, purchasing and cost controls as well as payroll. • Establishing and maintaining quality and sanitation standards; enforcement of policies and procedures set forth by Mary Baldwin College. • Developed all cycle menus for a board plan of 1,000. • Developed and executed interactive feature stations bringing exhibition cooking to the dining room. 0 Position also included all catering functions from small coffee set ups to elaborate sit down dinners for up to 600 guests and banquet buffets for up to 800 guests. Sous Chef/Manager 7/95-11/98 Fairways Restaurant at Massanutten, Harrisonburg,Virginia Woodstone Deli&Pizzeria at Massanutten, Harrisonburg, Virginia Education & Certifications *1992 AOS in Culinary Arts, Cum Laude-Johnson and Wales University, Charleston, SC(GPA 3.8) *Dietetics (Not Yet Completed) 1993-1995-James Madison University,Harrisonburg, VA *Food Service Management Professional Certification(FMP)-National Restaurant Association *ServSafe Certified—December 2016 *ServSafe Alcohol Certified October 2011 References and additional trainijW - furnished upon request City Of Corpus Christi MECHANICAL/PLUMBING ADVISORY BOARD BOARD DETAILS in SIZE The Mechanical/Plumbing Advisory Board advises the City Manager regarding any 107 TERM LENGTH 2 Years matter in the mechanical, plumbing, and OVERVIEW TERM LIMIT 6 Yearsirrigation fields that it considers should be brought to the attention of the City Council. Furthermore, the Mechanical/Plumbing Advisory Board shall have the power, after having obtained public comment, to recommend to the City Council changes to the City's Fuel Gas, Mechanical, and Plumbing Codes. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (1 1)persons appointed by the City Council:Three(3)persons,each of F-�Ik whom shall have at least five(5)years active experience as a plumber,at least three(3)years of which shall have been in Corpus Christi and at least two(2)of these persons shall be or have been Master Plumbers,preference for appointment may be given to plumbers licensed in the State of Texas and DETAILS currently active in the plumbing trade;one(1)person who shall have at least five (5)years of active experience as a mechanical engineer,preference for appointment may be given to professional engineers licensed in the State of Texas;one(1) person who shall have at least five(5)years experience in the home building industry;one(1)person who shall have at least five(5)years experience in the commercial building industry;three(3)persons,each of whom shall have at least five(5)years of active experience in heating,ventilation,air conditioning and refrigeration contracting business,preference for appointment may be given to persons licensed in the State of Texas in heating,ventilation,air conditioning,and refrigeration contracting (HVAC);one(1)person who shall have at least five(5)years of active experience in landscape irrigation,preference for appointment may be given to irrigators licensed in the State of Texas;and one(1) person not connected with the building industry.Six members constitute a quorum,and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board.The Board shall elect a chairman and vice chairman during the first meeting of each calendar year. ............................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Code of Ordinances. Sec. 13-1,Subsection 105.3.1 Ord. No. 15267;20294- 5/3/88;20674-5/16/89; 021 208-8/6/91; 022973-6/24/97;Sect. 14-226(c)Ord. 25467-9/9/03,029726 1/15/13;Ord. No.30590-8/25/15. ......................................................................................................................................................................................................................................................................................................................... MEETS Once quarterly,on the 2nd Thursday of the month in which called,2:00 p.m., Fros! Bank Building, Fire Department's Conference Room,3rd Floor;and on call as MECHANICAL/PLUMBING ADVISORY BOARD Page 1 of 2 deemed necessary. .............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Development Services ................................ OTHER INFORMATION MECHANICAL/PLUMBING ADVISORY BOARD Page 2 of 2 Mechanical/Plumbing Advisory Board March 27,2018 Six(6)vacancies with terms to 1/2/19 and 1/2/20 representing the following categories: 1- Home Builder,1-Master Plumber,1-Mechanical Engineer,1-Plumber,1-Air Conditioning and 1-Commercial Builder.(Note:Staff is recommending the postponement of the Air Conditioning and Commercial Builder Categories for further recruitment.) Stacy Gallagher MECHANICAL/PLUM BING ADVISORY BOARD Seeking Reappointment District 1 1/2/18 Home Builder 100%2/2 Mike Dildy MECHANICAL/PLUMBING ADVISORY BOARD Seeking Reappointment District 4 1 1/2/18 Master Plumber 50%2/4(2 exc.) Jared Merdes P.E. MECHANICAL/PLUMBING ADVISORY BOARD Seeking Reappointment District 1 2 1/2/18 Mechanical Engineer 100%4/4 Maverick C.Volesky Jr. MECHANICAL/PLUMBING ADVISORY BOARD Seeking Reappointment District 5 1 1/2/18 Plumber 50%2/4(2 exc.) Ronald Klepac MECHANICAL/PLUMBING ADVISORY BOARD Met Six-Year Term Limitation District 1 3 1/2/18 Air Conditioning Billy F Largin MECHANICAL/PLUMBING ADVISORY BOARD Resigned District 2 1 1/2/19 Commercial Builder Mike Wanzer MECHANICAL/PLUM BING ADVISORY BOARD Active District 2 1/2/19 Air Conditioning Travis M Yeary MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 1/2/19 Air Conditioning Cad Suding MECHANICAL/PLUM BING ADVISORY BOARD Active District 1 1/2/19 Irrigator Benny M.Franklin MECHANICAL/PLUM BING ADVISORY BOARD Active District 1 1/2/19 Master Plumber William F Boeker MECHANICAL/PLUMBING ADVISORY BOARD Active District 4 1 1/2/19 Not Connected to the Building Industry SC o� Va. AGENDA MEMORANDUM v Future item for the City Council meeting of March 20, 2017 ,NCRRPUFPIAction Item for the City Council meeting of March 27, 2017 1852 DATE: February 23, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 886-2604 Approval to submit a grant application to the State of Texas, Office of the Governor's Homeland Security Grants Division for FY 2019 funding available under the Local Border Security Program Grant CAPTION: Resolution authorizing submission of grant application to Office of the Governor for funding under Local Border Security Program. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Funding is available to enhance law enforcement patrols in an effort to deter and facilitate directed actions to interdict criminal activity. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and ETJ targeting known drug, currency and human trafficking routes operating in the South Texas area to points north. The funding provides for overtime, retirement for sworn officers and a management assistant to prepare monthly grant reports. There is no City match required. Funding is available from September 1, 2018—August 31, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application to Office of the Governor for funding under Local Border Security Program WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christ, that the Local Border Security Program (LBSP) Grant projects be operated for the year of 2019; WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for the said project, with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; and WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of grant application to the Office of the Governor for the FY 2019 LBSP project. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. ATTEST: City of Corpus Christi Rebecca Huerta Joe McComb City Secretary 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 SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting March 27, 2018 DATE: March 20, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha(o)cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a)cctexas.com (361) 826-3169 Overhead Door Repair and Maintenance for Corpus Christi Fire Department for a One-year Service Agreement not to Exceed $56,325, with Two One-year Options and a Total Potential Multi-year Amount of Up to $168,975 CAPTION: Motion authorizing a one-year service agreement with Hub City Overhead Door Co., Inc. of Corpus Christi, Texas for a total amount not to exceed $56,325, with two one-year options for a total potential multi-year amount of $168,975. PURPOSE: The Service Agreement will ensure prompt service when an Overhead door has malfunctioned or is inoperative for the Corpus Christi Fire Department (CCFD) facilities. BACKGROUND AND FINDINGS: All CCFD facilities are essential for the daily operations of the Fire Department. The facilities have approximately 74 overhead doors. These doors are in constant use and are opened and closed multiple times every day. They are closed to secure the station each time a unit responds to an emergency call. Last year, for example, the CCFD responded to over 52,000 calls. Overhead door components such as cables, springs, rollers, hinges, and motors, etc., undergo tremendous stress. Parts break often, or wear down due to extreme use. Prompt service from a reliable company is an absolute necessity for the CCFD. This contract ensures prompt service when issues arise. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received one responsive, responsible bid and is recommending the award to Hub City Overhead Door Co., Inc. Hub City Overhead Door Co., Inc. is the only company in Corpus Christi that is able to meet the requirements the Fire Department has set forth. 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 $480,194.00 $140,813.00 $621 ,007.00 Encumbered / Expended Amount $122,453.90 $0.00 $122,453.90 This item $28,162.00 $140,813.00 $168,975.00 BALANCE $329,578.10 $0.00 $329,578.10 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $56,325, of which $28,162 is funded in FY2017-2018 budget. The total contract value will be $168,975 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PRUCHASING DIVISION RFB 1485 -Overhead Door Repair BUYER: MINERVA ALVARADO & Maintenance for CCFD On Call Services Item IlDescription jUnit I Qty iMarkup % IMarkup Total jPartsTotal 1 Parts/Material JEA 1 $15,000.00 1 28.00%1 $ 4,200.00 1 $ 19,200.00 Labor Item Description Unit Qty Unit Price Total Price Technician Normal Hrs (M-F 2 8:OOam-5:OOpm) HR 200 $ 135.00 $ 27,000.00 3 Technician After Hrs ((M-F 5:01pm-7:59am to include weekeneds and City Holidays) JHR 1 50 $ 202.50 1 $ 10,125.00 Grand Total 1 $ 56,325.00 SC 0 > SERVICE AGREEMENT NO. 1485 U Overhead Door Repair and Maintenance for CCFD bO RPOR Af� 1852 THIS Overhead Door Repair and Maintenance for CCFD Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hub City Overhead Door Co., Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Overhead Door Repair and Maintenance for CCFD in response to Request for Bid/Proposal No. 1485 ("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 Overhead Door Repair and Maintenance for CCFD ("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 12-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 $56,325.00, 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 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Captain Gerardo Garcia Fire Department 361 .826.8427 GerardoGC 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) 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. (B) 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 12/15/17 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: Gerardo Garcia Fire Captain 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 361 .826.8427 Fax: 361 .826.4515 IF TO CONTRACTOR: Hub City Overhead Door Co., Inc. Attn: Rusty Garrett Vice President 1626 N. Lexington Blvd., Corpus Christi, Texas 78409 361 .289.7083 Fax: 361 .299.2291 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1485 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide Overhead Door Maintenance and Repair for Fire Stations located throughout the City. 2. Scope of Work A. Service Requirements 1 . The Contractor shall be able to perform specified services 24 hours a day, 365 days per year on an as needed basis. The City will use prudent judgment when calling after regular working hours for specific services. 2. The Contractor shall have a sufficient number of commercial crews to fulfill work demands. 3. The Contractor shall receive work order requests and return phone requests within 30 minutes of a call being placed by the Fire Department or within a reasonable time frame of the call being placed. 4. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Fire Department and the Contractor of receipt of work order requests. 5. The Contractor shall stock inventory to complete repairs same day. B. Service Requests are to be accepted by the following authorized personnel: 1 . Assistant Chief of Support Services 2. Captain assigned to Facility Maintenance C. The Contractor shall repair the overhead door deficiencies within 24 hours of arrival on site or have communicated with the Contract Administrator of any conditions that may delay work being completed within 24 hours. D. At time of completion, report back to requestor. E. Repairs shall include all mechanical and electrical components. F. Contractor shall lubricate and adjust each door during each repair and maintenance service call. Page 1 of 4 G. Contractor shall provide an estimate based on the price schedule for major repairs, defined as exceeding $1,000.00. Estimates shall include labor, parts, travel and any other costs associated with the work performance. H. The Contractor shall check in and check out with the Captain on duty, or a member of the Fire Department. The start time and time of completion should be listed on the Vendor Check-In/Out Form provided at the station. If station personnel are unavailable, the Contractor will contact the Contract Administrator to check in/out via phone. Invoice charges for labor shall reflect the times listed on this form. I. All repairs shall be completely documented by the Contractor. A copy of each work order or repair slip will be provided to the personnel on site at time of completion and shall provide the following information: 1 . Site location of the equipment repair 2. Name, model number and serial number of the equipment repaired 3. Name and model number of any replacement parts. J. If any overhead doors are deemed non-repairable, the Contractor shall immediately notify the Captain assigned to Facility Maintenance at 361 .826.8427 or personal cell number if available. K. Anticipated Repairs include but are not limited to the following: 1 . Electrical a. Capacitor b. Motor c. Pneumatic Safety Edge d. Receiver Bod e. Relay f. Remote Controls g. Transformer h. All Switches i. Loop Sensor j. Combination Key Pad System 2. Mechanical a. Belts Page 2 of 4 b. Cables c. Hinges d. Rollers/Rails e. Springs f. Replacement of Door Section 3. Lubrication a. Rollers, Hinges and tracks b. Drive Chain c. Spring and Bearings 3. Work Site and Conditions The work shall be performed at the following Fire Stations: Station # Business Phone Address 1 361 .826.8054 514 Belden (78401 ) 2 361 .826.1245 13421 Leopard St. 78410 3 361 .826.1250 1401 Morgan Ave. (78404) 4 361 .826.1247 2338 Rodd Field Rd. 78418 5 361 .826.4648 3105 Leopard St. 78408 6 361 .826.8071 6713 Weber Rd. (78413) 7 361 .826.8075 3722 S. Staples St. (7841 1 ) 8 361 .826.8077 4645 Kostoryz Rd. (78415) 9 361 .826.1255 501 Navigation Blvd. (78408) 10 361 .826.1258 1550 Horne Rd. 78416 11 361 .826.8073 910 Airline Rd. (78412) 12 361 .826.8120 2120 Rand Morgan Rd. 78410 13 361 .826.8080 1802 Waldron Rd. (78418) 14 361 .826.8150 5901 S. Staples St. (78413) 15 361 .949.9934 14202 Commodores Dr. 78418 16 361 .826.4183 8185 State Hwy 361 (78418) 17 361 .826.8050 6869 Yorktown Blvd. 78414 18 361 .826.8061 6226 Ayers St. 78415 Warehouse 361 .826.3934 1501 Holly Rd. (78417) 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3 of 4 S. Warranty A. Warranty on repairs shall be a minimum of 90 days for all labor and materials. B. Warranty on new installation shall be a minimum of one year for all labor and materials. C. All parts shall be Original Equipment Manufacturer (OEM), new and unused. Page 4 of 4 og,�usc Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM ~` PURCHASING DIVISION RFB No. 1485 Ofl POP PSE 2852 Overhead Door Repair & Maintenance for Corpus Christi Fire Stations Q - l rG 1 PAGE 1 OF 1 Date: Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, 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. Parts + Item Description UNIT QTY Markup Markup Total On Call Services 1 Parts EA $15,000.00 % $ a� C 60 Labor Description Unit Qty Unit Price Total Price 2 Technician Normal Hours (M-F 1 HR 200 8:00am-5:00pm) i --3 c- 3 3 Technician After Hours (5:01 pm- 7:59am to include Weekends) HR 50 Total S - °� 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part B (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Page 1 of 4 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; Page 2 of 4 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 3 of 4 2017 Insurance Requirements Purchasing Overhead Door Installation, Maintenance and Repair 12/20/2017 sw Risk Management Valid Through 09/30/2018 Page 4of4 ATTACHMENT D: WARRANTY REQUIREMENTS 1 . Warranty on repairs shall be a minimum of 90 days for all labor and materials. 2. Warranty on new installation shall be a minimum of one year for all labor and materials. 3. All parts shall be Original Equipment Manufacturer (OEM), new and unused. Page 1 of 1 CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Andres Leal, Jr., P.E., Director of Street Operations Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID March 20, 2018 Motion 18-0296 Agenda Title: Contribution-In-Aid-of-Construction Agreements —AEP Installation of Street Lights on Ennis Joslin Road PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute two (2) Contribution-In-Aid-of-Construction Agreements o With AEP for street light installation o In the amount of$87,178.02 for installation from SPID to Williams Drive o In the amount of$80,641.54 for installation from Williams Drive to Holly Road SUMMARY ➢ Bond Continuation Project—Street Lighting Improvements ➢ Originally presented to Council July 26, 2016 ➢ Street lights not included in Bond 2014, Proposition 2 (Ennis Joslin Extension) Project design ➢ Ennis Joslin Bond Project nearly complete ➢ Contribution-In-Aid-of-Construction Agreements required by AEP ➢ Executed Agreements needed to process invoices from AEP PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Funded by Certificates of Obligation per Resolution 031046 ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Location Map ➢ Vicinity Map ➢ CIAC Agreement— Ennis Joslin, SPID to Williams ➢ CIAC Agreement—Williams to Holly ➢ Resolution 031046 ➢ Presentation FUTURE ACTIONS ➢ Approval Action Project No.E15109 CH/ASG Rev.2—03/14/18 Item Details Legistar # 18-0296 Contribution-In-Aid-of-Construction Agreements —AEP Installation of Street Lights on Ennis Joslin Council Meeting Dates: Item Being Considered: Future Item — March 20, 2018 Motion Action Item - March 27, 2018 RECOMMENDATION: Authorization to execute Contribution-In-Aid-of-Construction Agreements with AEP in the amount of $87,178.02 for installation of streetlights on Ennis Joslin from South Padre Island Drive(SPID)to Williams Drive and in the amount of$80,641.54 for installation of street lights on Ennis Joslin from Williams Drive to Holly Road. SUMMARY: The Ennis Joslin Road Extension Project(from Holly to Williams) was approved as part of the Bond 2014 Program, Proposition 2. Street lighting improvements were not included in the design of the Project. On July 26, 2016, Engineering Services presented to Council several "Bond Continuation Projects" intended to complete items not covered by specific Bond projects, but which were directly linked to those projects. The Ennis Joslin Road Extension street lighting was one of several mentioned under the"Street Lighting Improvements"continuation project. As part of the discussion for a potential Bond 2016, Council approved funding the Bond Continuation Projects through Certificates of Obligation (COs). On January 24, 2017, Council passed Resolution 031046 which authorized the sale of these COs. Installation of the street lights was performed by AEP. AEP requires the execution of Contribution-In- Aid-of-Construction Agreements (CIACs) when they install street lights on behalf of the City. The Ennis Joslin Road Extension Project is nearly complete and invoices for the street light work will soon be received. The subject CIACs must be executed so that the invoices for work performed by AEP can be paid. PREVIOUS COUNCIL / BOARD ACTIONS: Resolution 031046—Authorized sale of Certificates of Obligation to fund street lighting project Project No. E15109 1 CH/ASG Rev.2—03/14/18 NUECES BAY 181 oy c oRRrpoR I N v SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI LEOPARD O z CORPUS CHRISTI BAY 286 0 ° GP 358 Q MR PROJECT LOCATION 9Z ./.0 pc� U TEXAS A&M UNIVERSITY Al y0<<Y CORPUS CHRISTI O� �� 358 ZZ C CABANISS Gj Z OSO BAY CORPUS CHRISTI FIELD t� Q NAVAL AIR STATION Qv O �Q �v FLOUR BLUFF 358 286 s ° Q- w 4� z J p'pF a wN LAGUNA MADRE LOCATION MAP NOT TO SCALE ENNIS JOSLIN ROAD CITY COUNCIL EXHIBIT PROPOSED LIGHTINGCITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES wri , mN rt . SCALE: N.T.S. AERIAL FLOWN 2014 #� y� Jr PROPOSED LIGHTING �► '4 `Arm e� T �ljr= AEP WORK ORDER - 59968388 � ►-;� r r1'r r1` _ BETWEEN S.P.I.D. & WILLIAMS DR. t � 7 rT1 T r � rr L �� rT-Tr clt- ITTT^fT1,�- .,TWILLIAMS DR,r.Y.tT. iy7 ir � � :r P � � �IF PROPOSED LIGHTING � . AEP WORK ORDER 66155927 BETWEEN WILLIAMS DR. & HOLLY RD. � a ol s. 96 * iF d o _. Lu a tY00 SAY -- Q W O h Z _M93 A,w �'' ' J' e c } 't.7 or HOLLY RD._ .. ENNIS JOSLIN ROAD PROPOSED LIGHTING CITY COUNCIL EXHIBIT VICINITY MAP CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS VOQ RESOLUTION NO. 031046 RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $9,650,000 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING ,MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council(the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with(i) completion of those capital projects approved at an election held within the City on November 4, 2014 being, primarily, City street projects (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution(the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended(the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed$9,650,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 82492512.2 "131046 INDEXED WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 82492512.2 -2 - SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended,Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82492512.2 -3 - PASSED, ADOPTED AND APPROVED on this the 24`h day of January, 2017. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: I 1 City Secretary (CITY SEAL) APPROVED THIS 24th DAY OF JANUARY, 2017: 9L xx Ales Risley, City Attorney 4 82492512.2 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 24th day of January, 2017, relating to establishing the City's intention to reimburse itself in an amount not to exceed $9,650,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,this the 24th day of January,2017. City Secretary (CITY SEAL) 82492512.2 S-2 That the foregoing resolution was read and passed finally on this the 24`h day of January, 2017, by the following vote: Dan N4eQu@@n Y Rudy Garza oat Carolyn Vaughn Paulette Gua jardo Ben Molina Michael Hunter Lucy Rubio Joe McComb Greg Smith PASSED AND APPROVED,this the 24`h day of January, 2017. ATTEST: P j- 04AZ& �(' Rebecca Huerta DmAuQuem araTLj r 4ia4� J City Secretary Mayor P►b TtAn, I i 82492512.2 S-3 1131046 AEP Texas Contribution-In-Aid-Of-Construction Agreement For Electric Distribution Service City of Corpus Christi Service: ENNIS JOSLIN/ SOUTH PADRE ISLAND CORPUS CHRISTI, TX Contract #: DWMS00000402809 Work Request #: 59968388 Date: 3/2/2018 You, City of Corpus Christi (Customer) have requested AEP Texas (Company) to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities") as follows:Install 12 Streetlight poles with 250W lights The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one-time, non-refundable, Contribution-In-Aid-Of-Construction (CIAO) in the amount of 87,178.02. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIAO. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to Install Facilities to premises identified as follows: Ennis Joslin Rd and South Padre Island Drive, and the Customer agrees to provide payment amount listed in contract as Aid to Construction and to be ready to take electric service on or before 03/02/2018. It is understood and agreed that the Company will not begin construction/installation of the Facilities until full payment of the CIAO has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIAO in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIAO quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 5/31/2018 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIRC payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer Company By By Signature: Signature: Title: Title: Date: Date: PLEASE >> Please remit To: American Electric Power DETACH >> Sandra Luna Company No: 211 STUB >> P.O. Box 2121 Contract No: DWMS00000402809 Corpus Christi, TX 78403 Customer No: AND » Date: 3/2/2018 Bill To: Amount Due: 87, 178. 02 RETURN >> City of Corpus Christi WITH >> Amount Remitted: PAYMENT >> Contract No: DWMS00000402809 Date: 3/2/2018 PRO FORMA Customer No: Purchase Order: 59968388 Description Quantity UOM Init Amt Net Amount Install 12 Streetlight poles with 1. 0 EA 87, 178. 02 87, 178. 02 250W lights Amount Due: 87, 178. 02 AEP Texas Contribution-In-Aid-Of-Construction Agreement For Electric Distribution Service City of Corpus Christi Service: ENNIS JOSLIN RD / HOLLY RD Mailing: P. O. Box 9277 CORPUS CHRISTI, TX Corpus Christi, TX 78469-9277 Contract #: DWMS00000375167 Work Request #: 66155927 Date: 2/21/2018 You, City of Corpus Christi (Customer) have requested AEP Texas (Company) to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities") as follows:STREET LIGHT PROJECT AS PER CITY OF CORPUS CHRISTI REQUEST. The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one-time, non-refundable, Contribution-In-Aid-Of-Construction (CIAO) in the amount of 80,641.54. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIAO. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to Install AEP distribution facilities as requested by the customer and outlined in the "Basic Service" above., and the Customer agrees to provide Comply with all applicable tariffs filed with the PUC of Texas, the City of Corpus Christi and Nueces County. and to be ready to take electric service on or before 02/21/2018. It is understood and agreed that the Company will not begin construction/installation of the Facilities until full payment of the CIAO has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIAO in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIAO quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 5/22/2018 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAO payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and. conditions. Customer Company By By Signature: Signature: Title: Title: Date: Date: PLEASE >> Please remit To: American Electric Power DETACH >> Sandra Luna Company No: 211 STUB >> P.O. Box 2121 Contract No: DWMS00000375167 Corpus Christi, TX 78403 Customer No: 10008023 AND » Date: 2/21/2018 Bill To: Amount Due: 80, 641.54 RETURN >> City of Corpus Christi P. O. Box 9277 WITH >> Corpus Christi, TX 78469-9277 Amount Remitted: PAYMENT >> Contract No: DWMS00000375167 Date: 2/21/2018 PRO FORMA Customer No: 10008023 Purchase Order: 66155927 Description Quantity UOM Init Amt Net Amount STREET LIGHT PROJECT AS PER CITY 1. 0 EA 80, 641.54 80, 641.54 OF CORPUS CHRISTI REQUEST. Amount Due: 80, 641.54 Corpus Chr s Engineering Contribution-In-Aid-of-Construction AEP Installation of Street Lights Ennis Joslin Road Council Presentation • March 20, 2018 Project Location Corpus Chr'sti rngin.nring �2 F N SCALE NT.S. ENNIS JOSLIN ROAD q PROPOSED LIGHTING 0 N TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 Z Meq 2� SOC O OSO BAY CORPUS CHRISTI <u �� Z Q NAVAL AIR STATION Q O a FLOUR BLUFF 0 358 �O w 44 C0 O Q � Q� O O? Y Project Vicinity Corpus Chr sti _ Engineering i PROPOSED LIGHTINGrK� r AEP WORKORDER 599fiR386 rr.�Tr y serrrEEv 3P1 0 a IILL aw A WILLIANIS DR PROPOSED L1GHi1N " AEPW l<ORDER 6b1S5727 ' L o a urr lo. a j o y o � _ Corpus Chr'sti Engineering Questions? 4 SC F v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting March 27, 2018 DATE: March 20, 2018 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 KimB2(o-)cctexas.com (361) 826-3169 Manhole Covers Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Core & Main, L.P., of Corpus Christi, Texas, for Manhole Covers for the Utilities Department for a total amount not to exceed $166,185.00. PURPOSE: This is a motion to approve a supply agreement for manhole covers for the Utilities Department. BACKGROUND AND FINDINGS: The manhole covers are stocked by the City warehouse and used for existing and new service by the Utilities Department. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Core & Main. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $138,487.50 $2,938,682.65 Encumbered / Expended Amount $622,047.04 $0 $622,047.04 This item $27,697.50 $138,487.50 $166,185.00 BALANCE $2,150,450.61 $0 $2,150,450.61 Fund(s): Stores Fund Comments: The initial contract is for an amount not to exceed $166,185.00 for three years, with an estimated expenditure of $27,697.50 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI Bid Tabulation RFB 1424 PURCHASING DIVISION Purchase of Manhole Covers BUYER:CYNTHIA PEREZ Core&Main formerly HD Supply Ferguson Enterprise Corpus Christi,TX Corpus Christi,TX 12 Extended Extended Item Description Month Unit Price Price 12 Month Unit Price Price 1 City Stock No.3416-32"Sanitary Sewer Cover- 3 EA $165.00 $495.00 3 EA $197.98 $593.93 Metal,EJIW,VI 430C 2 City Stock No.3417-32"Sanitary Ring&Cover- 2 EJIW,V1420/1480Z1 30 EA $325.00 $9,750.00 30 EA $336.35 $10,090.47 3 City Stock No.3418-A-25 Manhole&Ring, 150 EA $220.00 $33,000.00 150 EA $239.49 $35,923.35 Sanitary-Metal,EJIW,R&CV1168 4 City Stock No.3634-A-25 Manhole Lid&Ring,Storm Water-Metal,EJIW,E41168004 20 EA $345.00 $6,900.00 20 EA $239.49 $4,789.78 City Stock No.3420-A-25 Manhole Lid,Sanitary- 5 Metal,EJIW,V1168 50 EA $105.00 $5,250.00 50 EA $122.41 $6,120.25 Total $55,395.00 Total $57,517.78 3 Year Total1 $166,185.001 3 Year Total 172,553.34 mUs c.� �o w A SUPPLY AGREEMENT NO. 1424 U Manhole Covers yaeaoRp 1852 THIS Manhole Covers Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Core & Main ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Manhole Covers in response to Request for Bid No. 1424 ("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 Manhole Covers 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 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 $166,185.00, 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 12/15/17 Name: Robert Presenll Department: Finance - Warehouse Phone: (361 ) 826-1750 Email: RobertPRCCCtexas.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. (A) 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. (B) 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (C) 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 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 (D) 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. (E) 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. (F) 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. (G) 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. (H) Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. (1) 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. (J) 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St. Bldg.6, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Core & Main Attn: Paul Rodriguez Title: Operations Manager Address: 6941 Leopard Street, Corpus Christi, Texas 78409 Phone: (361 ) 289-1388 Fax: (361 ) 289-2660 (K) 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 (L) 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 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. (M) 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. (N) 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. (0) 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). (P) 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. (Q) Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. (R) 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. (S) 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 12/15/17 SUPPLIER ` t Signature: A Printed .Name: r Title: Date: 0?,/6/ l' 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. 1424 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Fora Page 7 of 7 P,pproved a..s to.Legal Form 10/2/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide manhole covers for the City's Warehouse outlined in this Scope of Work. The manhole covers are used for existing and new service by the Utilities Department. 1.2 Scope of work A. The Supplier shall provide manhole covers, as outlined on the bid/pricing schedule. This specification covers manhole covers used by the City. The products specified will be used to restock the City's Warehouse. B. The Supplier will cross reference the City's stock number listed on the bid/pricing sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. C. All manhole covers must have 1-inch hole, pick slot and be made of domestic steel. 1.3 Contractor Quality Control All manhole covers will be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery A. Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St., Corpus Christi, Texas 78415. B. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. C. Receipt of products that do not conform to specifications will not be accepted by the City. D. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. E. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. F. Cancellations shall be in writing and sent to Supplier by email, fax or mail. G. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B - Bid Pricing/Schedule vs ° CITY OF CORPUS CHRISTI ° BID FORM PURCHASING DIVISION AOR= RFB No. 1424 rs� Manhole.Covers PAGE 1 OF 1 Date: I c- s Authorized : Bidder: l r 1 �. ` , _ Signature. Fr,A- )dkks 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,. crud 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 RF.B.. 4. Bidders must not.write over or.revise the bid :form: Bidders will be ddnsidered Non- Responsiveif the.,bid form is modified: Annual Cost Item' Deserl :tion UNIT TY nit P Q U . . rice 'Total Price 1 City Stock No. 3416 - 32 Sanitary Sewer Cover- EA 3 $ $ Metal, EJINT, V1430CM 2 City Stock No. 3417- 32" Sanitary Ring.&Coyer- EA 30 $ Metal,.EJ IW; V1420/148OZ1 t�V $ j�tJ • 3 City Stock No. 3418 - A-25 Manhole & Ring, EA 150. $ �� $ Sanitary-Metal, EAW, R&CV1168 4 City Stock No..3634- A-25 Manhole Lid& Ring, EA 20 $ q 00 Storm Water Metal,.EJIW, E41168004 �j ��' !6� 5. City Stock No, 3420 A-25.Manhole Lid, Sanitary- EA 50 Metal,.EJIW, V1168 0 - �So Total Annual Cost 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 policy 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 Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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 Order and Delivery of Goods 10/27/2017 sw Risk Management Attachment D - Warranty Requirements NEENAH 1W FOUNDRY 2121 Brooks Avenue PO Box 729 Neenah, WI 54957-0729 920-725-7000 2/27/2018 RE: Corpus Christi RFB: 1424- Manhole Covers Core&Main Corpus Christi 6941 Leopard St Corpus Christi, TX 78409 Subject: Neenah Foundry Job 9 N/A Shipment of N/A Invoice 9 N/A Invoice Date N/A The Neenah Foundry Company does hereby Guarantee the following listed castings furnished by Neenah Foundry Company for the above project to be free from defects of materials and workmanship, and, therefore, agrees to remedy any defects found due to materials or workmanship if found within one year from date of invoice. The Neenah Foundry's guarantee is for the castings only, unusual wear, abuse or neglect excluded. Neenah Foundry's liability will be for the defective parts only and will not include installation. Quanti1y Code Description 3 DF-1274 City Stock No 3416- 32" Sanitary Sewer Cover 30 DF-1274 City Stock No 3417- 32" Sanitary Sewer Ring& Cover 150 R-1930-24 City Stock No 3418-A-25 Manhole &Ring Sanitary 20 DF-1262 City Stock No 3634-A-25 Manhole &Ring Storm 50 R-1930-24 City Stock No 3634-A-25 Manhole & Lid, Sanitary Sincerely, John Aulick Neenah Foundry SC F v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting March 27, 2018 DATE: March 20, 2018 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 KimB2(o-)cctexas.com (361) 826-3169 Hauling Services for Utilities Department for One Year Not to Exceed Amount $269,850.00, with Two One-year Options and a Total Potential Multi-year Amount of up to $809,550.00 CAPTION: Motion authorizing a one-year service agreement for hauling services with Tahoe Trucking, LLC. of Robstown, Texas for $269,850, with two one-year options for a total potential multi-year amount of$ 809,550. PURPOSE: This is a motion to approve a service agreement for hauling services for Utilities Department. BACKGROUND AND FINDINGS: The hauling services agreement is for excess excavated bulk material (spoils) resulting from trenching and repair operations for the Utilities Department. The Contractor will haul dirt, concrete, and miscellaneous materials (brush, sand, gravel, wet dirt, etc.) from various locations throughout the City to the Cefe Valenzuela Landfill. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Tahoe Trucking LLC. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $467,638.65 $674,625.00 $1,142,263.65 Encumbered / Expended Amount $169,874.01 $0 $169,874.01 This item $134,925.00 $674,625.00 $809,550.00 BALANCE $162,839.64 $0 $162,839.64 Fund(s): Water Comments: The initial contract is for an amount not to exceed $269,850.00 for one year, with an estimated expenditure of $134,925.00 funded in FY2017-18. The total estimated contract value will be $809,550.00 if all options years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1427 Buyer:Cynthia Perez Hauling Services for Utilities Departmer ACAVE Companies,LLC G.P.Transport Tahoe Trucking,LLC San Antonio,TX Gregory,TX Robstown,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Dump Truck Hauling Services HR 4,200 $69.44 $291,648.00 $74.00 $310,800.00 $64.25 $ 269,850.00 (includes truck,labor and materials $291,648.00 $310,800.00 $ 269,850.00 .mus c G� SERVICE AGREEMENT NO. 1427 v zgg2° Hauling Services for Utilities Department THIS Hauling Services for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Tahoe Trucking, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hauling Services for Utilities Department in response to Request for Bid/Proposal No. 1427 ("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 Hauling Services for Utilities Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-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 $269,850.00, 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 Agreement, including deductions for nonperformance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: joannaM@cctexas.com Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 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. (A)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. (B) 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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 3011 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. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand- delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 Phone: (361)826-1649 Fax: (361) 826-1715 IF TO CONTRACTOR: Tahoe Trucking, LLC Attn: Mark Davis Title: Vice-President Address: 3207 Leola Drive, Robstown, TX 78380 Phone: (361) 767-1788 Fax: (361) 767-1778 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, 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 (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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 (SIGNATURE PAGE FOLLOWS) CONTRACTOR Signatur�,Ccm Yh4i�t Printed Name: II Title: �� rte_ Date: �lzlzolf� 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 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1427 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide dump truck hauling service for excess excavated bulk material (spoils) resulting from trenching and repair operations for the City of Corpus Christi Utilities Department as outlined in this Scope of Work. Spoils are stockpiled at various citywide locations. 1.2 Scope of Work A. The Contractor shall provide all labor, materials, and equipment necessary to haul dirt, concrete, and miscellaneous materials (brush, sand, gravel, wet dirt) to landfill. B. The Contractor shall provide hauling services on an "as needed" basis. C. The Contractor will haul materials (spoils) located at various citywide locations, and dispose at the Cefe Valenzuela Landfill located at 2362 CR 20, Robstown, TX. D. The Contractor shall confine all operations from 6:30 A.M. to 5:30 P.M., Monday through Friday. Hours can only be extended with the approval of the City. E. The Contractor shall be equipped with a minimum of five (5) 12-14 cubic yard tandem dump truck(s) equipped with tarps to haul dirt and miscellaneous materials, and manual safety lock(s) to prevent tailgate(s) from opening while hauling wet materials. All dump trucks must be in full compliance with all Texas Department of Public Safety Rules and Regulations at all times and must be kept in safe and good operating condition. F. All Contractor truck drivers must have a valid commercial driver's license (CDL) with them at all times. G. The Contractor will provide the City with a single point-of-contact who will be available to the City during the term of the contract. H. The City will provide the Contractor a work order by 3:00 P.M. on the day before the trucks are needed. Work orders will be made by fax or email. I. The Contractor will not be subject to tipping fees for hauling City waste. However, all dump trucks must have a Solid Waste Services Permit Hauler Sticker, which can be obtained at the Solid Waste Department. J. The City reserves the right to obtain services from another contractor if dump trucks are not available when needed. The City reserves their rights to back-charge the Contractor for the difference in using another vendor. 1.3 Special Instructions A. The Contractor's invoice for payment must contain the following information: a. Purchase Order (PO) number b. Work Order (WO) number c. Hours billed itemized by WO# B. The Contractor is to provide a list of trucks to be used for this contract, including license plate numbers. 1.4 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 ensure it complies with the contract requirements. Attachment B - Bid Pricing/Schedule SC opo CITY OF CORPUS CHRISTI BID FORM v PURCHASING DIVISION NpO PUBP�E� R F B No. 142 rs�2 Hauling Services for Utilities Department PAGE 1 OF 1 Date: 02/05/2018 Authorized Bidder: Tahoe Trucking LLC Signature: - —^ 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item # Description Unit Qty Unit Price Total Price 1 Dump Truck Hauling Services HR 4,200 $ (includes truck, labor, and 6�(.ZS 16% $sio materials TOTAL $ �q 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, 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 Utilities Dump Truck Hauling Services 08/08/2017 sw Risk Management ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting of March 27, 2018 DATE: March 20, 2018 TO: Margie Rose, City Manager FROM: Laura Garcia, Director of Libraries LauraGa(a)cctexas.com (361) 826-7070 Kim Baker, Assistant Director of Financial Services kim b2(a�cctexas.com (361) 826-3169 Koha Integrated Library System Service and Support CAPTION: Resolution authorizing a five-year service agreement with ByWater Solutions, from Santa Barbara, California, for a total amount not to exceed $100,000.00. PURPOSE: This service and support agreement will provide continuous software support for the Library. BACKGROUND AND FINDINGS: The Library Department has been using the Koha Integrated Library System (ILS) software since 2011. The Koha Integrated Library System is used by all of the City's Libraries to manage the library materials to include, but not limited to: check-out, check- in, inventory, cataloging, online public catalog, holds, accounting features for fees, etc. ByWater Solutions is the service and support vendor that is Koha compliant to support and maintain the system. The contract that is in place with the current support vendor ByWater Solutions is at the end of its term. The support vendor provides ongoing system updates and maintenance of the Koha ILS. They provide the Library Technology Manager assistance with resolutions to issues that may arise from time to time involving system downtimes, updates and/or software bug issues as well as training materials for new versions of the software. 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. DEPARTMENTALCLEARANCES: Library FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $483,177.07 $80,000.00 $563,177.07 Encumbered / Expended Amount $368,372.64 $0.00 $368,372.64 This item $20,000.00 $80,000.00 $100,000.00 BALANCE $94,804.43 $0.00 $94,804.43 Fund(s): General Fund Comments: The contract is for five years, with year one for an amount of $20,000 budgeted in FY17- 18. The subsequent four contract years for a total of $80,000 will be budgeted the future years, bringing the total contract value to $100,000. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Resolution authorizing a five-year service agreement with ByWater Solutions, from Santa Barbara, California, for a total amount not to exceed $100,000.00. WHEREAS, the integrated library system service and support will be used by the Corpus Christi Public Libraries; WHEREAS, this service and support agreement will provide continued Koha Integrated System service and support for the Libraries; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for Koha Integrated Library System service and support for the Libraries from ByWater Solutions, of Santa Barbara, California, based on a sole source for a total amount not-to-exceed $100,000.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 Page 1 of 2 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 1532 U Koha Integrated Library System Service and Support bO RPOR Af 1852 for City of Corpus Christi Libraries THIS Koha Integrated Library System Service and Support Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and ByWater Solutions ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Koha Integrated Library System Service and Support 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 Koha Integrated Library System Service and Support ("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 60 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 $100,000.00, 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 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Alex Hatley Department: Library Phone: (361 ) 826-7070 Email: AlexH@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 12/15/17 8. Warranty. (A) 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. (B) 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Alex Hatley Title: Library Technology Manager Address: 805 Comanche, Corpus Christi, Texas 78401 Phone: (361 ) 826-7070 Fax: (361 ) 826-7046 IF TO CONTRACTOR: ByWater Solutions Attn: Nathan Curulla Title: Account Representative Address: PO Box 1346, Santa Barbara, California 93102 Phone: (888) 900-8944 Fax: (888) 900-8944 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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, 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: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Nathan A Curulla Title: Owner/CRO Date: 2/20/2018 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 12/15/17 � i • . i i i # � • i Bywater Solutions Support Package and Interfaces Quality of support is the most important focus of our company and we pride ourselves on the implementation of this key feature. ByWater Solutions has the lowest customer to support personnel ratio in the business. Our support package includes, but is not limited to the following at no additional cost: • Technical consulting and problem solving • Training questions • Consultation with network configuration • Customizations and "tweaking" to the OPAC and staff side interfaces • Custom report generation • Bug-fixes and the application of community released bug fix enhancements as they become available (10 per year) • Major release upgrades (2 per year) • Management and updating of community or customer sponsored enhancements. • Training for all major updates to Koha's functionality via webinar to your team at no additional cost. • 24/7 phone support • Configuration and management of SIP2, NCIP, LDAP and Z39.50 connections • Configuration and management of EDI connections Methods of interface for our support include: • 24/7 toll free calling • Ticketing system with report generation • Staff email • Live chat during business hours via ByWater Partners IRC • Access to administrative contact information for escalation of support issues 4 ByWater 7 SOLUTIONS yM Page 1 of 2 anal Support Interface Description: ByWater Solutions' method for support interface includes the following: For any support issues our customers may fill out an online ticket via our online system and will receive a response by email (standard) or phone (for more critical issues) within twenty minutes. The online ticketing system also logs all support needs that your library has entered for further review and consultation at any point in time. For all other issues customers may access our toll free number 24/7 as well as direct email contact with key support project leaders. You will receive a response within thirty minutes if there is no immediate availability of a support representative on our 24/7 phone support line. In addition to the modes mentioned, we also have live chat during business hours on the ByWater Partners IRC channel. Our 24/7 service is included in our support package at no additional cost. ByWater Solutions also has a monitoring system in place that alerts us to any internal system issues with regard to connectivity and performance for our hosted customers. With regard to specific problem resolution timeframes; our staff will make every effort to supply an expedient solution to your problem. However, the time it takes to fix an issue completely depends on the severity and complexity of that issue. Regardless of the time it takes to fix a particular issue, your staff will be updated and informed about the progress of its resolution. Our rigorous update schedule ensures all bug fixes and patches will be applied to your system on a regular basis. This drastically reduces the occurrence of any major issues originating from the Koha software. ByWater Page 2 of 2 Category Year 1 Year 2 Year 3 Year 4 Year 5 Totals Annual Support $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $100,000.00 Ongoing Training Included Included Included Included Included $0.00 Annual Upgrades Included Included Included Included Included $0.00 Support Fees Billed on an Annual Basis ByWater SOLUTIONS 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 Director of Facilities & Property Management 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Page 1 of 3 WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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, 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. 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. 2018 Insurance Requirements Purchasing Equipment Maintenance Agreement for TRAK Fuel Management System 01/17/2018 sw Risk Management Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; Section 8(A&B). Warranty is null for this Service Agreement. Page 1 of 1 SC o� Va. U AGENDA MEMORANDUM First Reading for the City Council Meeting of March 20, 2018 ,NCORP08I Second Reading for the City Council Meeting of March 27, 2018 1852 DATE: February 28, 2018 TO: Margie 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 to approve an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to fund services provided to the Corporation by the Corpus Christi Regional Economic Development Corporation in the amount of$125,000. 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 City of Corpus Christi for the management of the Business and Job Development Incentive Program by 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. However, in consideration of the CCREDC's existing contract with the City of Corpus Christi, all parties wish to avoid any potential conflict of interest for the Corpus Christi Economic Development Corporation (CCREDC). The City will provide specific and measurable services for the Type A Board which they (the City) will be reimbursed $125,000 annually. This item was approved by the Type A Board on February 19, 2018. ALTERNATIVES: The Council can choose not to approve. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017 - 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 125,000 $ 125,000 Encumbered / Expended Amount This item $ 125,000 $ 125,000 BALANCE I $ 0 $ 0 Fund(s): Business & Job Development Fund, Economic Development Line Item Comments: RECOMMENDATION: Staff recommends the City Council approve the agreement. LIST OF SUPPORTING DOCUMENTS: Type A Agreement with City of Corpus Christi— CCREDC Program Management and Funding AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI 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 City of Corpus Christi ("City"). 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 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, Corpus Christi Regional Economic Development Corporation (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 City wishes to manage the sales tax funds for business and job development and has contracted with the CCREDC to provide these services in the past; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use business and job development funds to repay the cost of managing the business and job development projects funded by the Board, by execution of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City 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 City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. 2. Payments. The Parties agree that the Corporation will pay the City $31,250 quarterly at the start of each quarter to the City for the provision of the Services. Page 1 of 4 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for one year beginning October 1, 2017 and expiring on September 30, 2018. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any Services provided up to the date of termination. 6. 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. 7. 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 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Relationship of Parties. In performing this Agreement, the Corporation and the City 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 & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Bart Braselton Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The City will provide the following specific and measurable services for the Corporation: Service as the conduit for all primary/base employers interested in local assistance from Type A. Preparation of a proposal for each project and include information on the company, industry, markets, and products. Each proposal will documentjob creation and capital investment numbers for inclusion intheproposal. Suggest a proposed deal structure for each project. Preparation of an economic and fiscal impact analysis of the project. An analysis of the company's financial strength relative to industry standards. Development of the necessary performance agreements. Annual performance audits (compliance testing) and report of the findings to Type A . Preparation of proposals for all small business assistance programs. Processing of all invoices for payment Annual budget for small business assistance programs. Preparation of proposals for all education and job training skills development projects. Annual budget for education and skills development projects. City 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/Incubation. 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 SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting of March 27, 2018 DATE: March 12, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemaCaD-cctexas.com 886-2603 Amending the Corpus Christi Code adopt a Code Enforcement fee schedule CAPTION: Ordinance amending the Corpus Christi Code of Ordinance, Section 13-20 (8) to increase the percentage of cost recovery for Code Enforcement per the User Fee Study. PURPOSE: Currently, Code enforcement charges a single administrative fee, regardless of the type of cleanup that is required. The recommended fees include administrative fees in three categories; Mowing and clearing; intense cleanup, and board ups. The fees are intended to cover the administrative costs related to abating properties and do not include the actual costs of abatement. BACKGROUND AND FINDINGS: The changes to the ordinance are: Code Enforcement Administrative Fee Schedule Mowing and clearing $125 Intense Clean-up/warrant $412 abatement Structure board-ups $174 The current fees recover 21% of the total cost; this fee increase will recover 36% of full cost. Although the fees are set below full cost recovery, the recommendation is to increase the fees significantly in the first year. While there is room for additional increases in an attempt to recover full cost, a number of properties fail to pay the administrative fee, resulting in a low collection rate. The above listed administrative fees shall be included as expenses incurred by the city on any lien statement or statement of expenses required to by filed by ordinance or state law in order to attach a lien against the real estate on which the work is done. In compliance with Local Government Code §214. 217, the Ordinance amending the International Property Maintenance Code, 2015 Edition with local amendments was published conspicuously on the City of Corpus Christi website from February 26, 2018 to March 20, 2018 ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $26,103 $62,648 $88,751 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Corpus Christi Code to adopt a Code Enforcement fee schedule. Whereas, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A Whereas, from February 26, 2018 to March 20, 2018 the Ordinance amending the International Property Maintenance Code, 2015 Edition with local amendments was published conspicuously on the City of Corpus Christi website, in compliance with Local Government Code §214. 217. Whereas, the City has made reasonable effort to encourage public comment from persons affected by the proposed amendment to the International Property Maintenance Code, 2015 Edition, with local amendments in compliance with Local Government Code § 214.217. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Section 13-20 (8) is amended by adding the following language that is underlined added) and deleting the language that is stricken (deleted) as delineated below: (8) Section 103.5 of the International Property Maintenance Code is revised to read as follows: 103.5 Fees. The fees for activities and services performed by the division in carrying out its responsibilities under this code shall be in accordance with the Corpus Christi Code of Ordinance Section 13-26. as indicated in the fell .w;+g eh edtil e: i- dfniaist+ative Fee fet:Abatements $73 Section 2. The Corpus Christi Code of Ordinance, Chapter 13 is amended to add Section 13-26 to read as follows: Section 13-26 Code Enforcement Fee Schedule Code Enforcement Administrative Fee Schedule Mowing and clearing $125 Intense Clean-up/warrant $412 abatement Structure board-ups $174 1 The above listed fees are intended to cover the administrative costs related to abating properties and do not include the actual costs of abatement. Actual costs of abatements are determined by the work required for each property. The above listed administrative fees shall be included as expenses incurred by the city on any lien statement or statement of expenses required to be filed by ordinance or state law in order to attach a lien against the real estate on which the work is done. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 5: This ordinance takes effect upon publication. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 Current Recommendations Per Unit Annual Per Unit Annual ww IN,I Ev-� 3 2,167 $ 73 $ 249 29% $ 720,694 $ 158,173 $ 562,522 50% $ 125 $ 202,695 $ 44,523 $ 517,999 3 37 $ 73 $ 823 9% $ 40,346 $ 2,683 $ 37,664 50% $ 412 $ 11,347 $ 8,665 $ 28,999 3 164 $ 73 $ 347 21% $ 75,967 $ 11,990 $ 63,977 50% $ 174 $ 21,451 $ 9,461 $ 54,516 L 1 $ $ 1,451,620 0% $ 1,451,620 $ - $ 1,451,620 0% $ - $ $ - $ 1,451,620, $0 $0 $0 $0 $837,008 $172,846 $664,162 $235,494 $62,648 $601,514 21% 79% 28% 36% 72% $1,451,620 $0 $1,451,620 $0 $0 $1,451,620 0% $2,288,629 $172,846 $2,115,783 $235,494 $62,648 $2,053,135 8% 92% 10% 36% 90% 4 i ii i I Code Enforcement Recommended Fee Changes Council Presentation • March 27, 2018 I" Code Enforcement Fee Changes 3 New Fees Proposed . Current Fee Proposed Fee Current Fee Current% Proposed% Per Service or Full Cost of Cost Cost $ Service of Item Item Service Recovery Proposed Fee Recovery Change %Change Administrative Fee $75.00 * New Current Fee New Proposed Fees Current Fee Current% Proposed Per Service or Full Cost of Cost %Cost Service of Item Item Service Recovery Proposed Fee Recovery $Change %Change Mowing and clearing $249.00 $125.00 50% New New Intense Clean-up/Warrant abatement $823.00 $412.00 50% New New Structure board-ups $347.00 $174.00 50% New New *Depends upon Service 2 `i Estimated Future FY 11MI Revenue Increase i • Total projected annual revenue increase = $62,648 3 SC o� Va. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of 3/20/18 "`O"P°p"`ESecond Reading Item for the Cit Council Meeting of 3/27/18 1852 9 Y 9 DATE: March 9, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3900 Ordinance Adopting New Fire Prevention Permit Fee Schedule CAPTION: Ordinance amending the Corpus Christi Code to adopt a new fire prevention permit fee schedule. PURPOSE: The purpose of this item is to approve amending the Corpus Christi Code to adopt a new fire prevention permit fee schedule. BACKGROUND AND FINDINGS: Throughout 2017, the City or Corpus Christi and MGT of America Consulting Group conducted a User Fee Study of the Corpus Christi Fire Department's Fire Prevention Division. A summary of the findings from the study were presented to City Council in December 2017. The consultant, MGT, determined that the Fire Prevention Division could earn up to an additional $104,549 in revenue per fiscal year with an increase in fees to reflect actual cost. Texas Local Government Code 214.217 required the ordinance amendment to be posted for 21 days on the City website prior to going to City Council. The proposed change was posted to the City's website on February 21, 2018 for 21 days to expire on March 13, 2018. ALTERNATIVES: Council may choose not to approve ordinance amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conformity with City Ordinance EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fire Legal Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $175,000.00 $175,000.00 $350,000.00 Encumbered / Expended Amount This item $52,274.50 $104,549.00 $156,823.50 BALANCE $227,274.50 $279,549.00 $506,823.50 Fund(s): General Fund Comments: Current year revenue projection itemized for the six remaining months in FY18 (April — September). RECOMMENDATION: Staff recommends approving this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Code to adopt a new fire prevention permit fee schedule WHEREAS, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A; WHEREAS, from February 23, 2018 to March 20, 2018 the Ordinance amending the International Fire Code, 2015 Edition with local amendments was published conspicuously on the City of Corpus Christi website in compliance with Local Government Code §214. 217; and WHEREAS, the City has made reasonable effort to encourage public comment from persons affected by the proposed amendment to the International Property Maintenance Code, 2015 Edition, with local amendments in compliance with Local Government Code § 214.217. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 1 (b)(9) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (9) Sections 105.8-105.10 are added to this code to read as follows: 105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Code of Ordinance Section 18-4. C'ro Dr�FonDrormit Coo Crhorli ilo ac fnllnnic. i--rrc-rT crr u--n-r'rr�=E?e vas-r , Corpus Christi Fire Department Fire Pr-eveHtiOH Per-mit Fee Sehedtfle (`.,,, btisr b,le filo, (ste :age and 100.00 . .,IIS. 100.00 atqftffa4�� 1 166 66 —r-evefit E. -ples , o blasting agefits a a 4-50.0-00 .,ii., affiffittliitielt Extiiigtiishifig system 100.00 per- Fire alafm systems (Fe"ir-ed 15, 75.00 pef zme pef test visi Fireworks displa-y (ae4ao 250.00 per Fireworks display (iieff-ae4a4 150.00 pep4i-&� Flame Ecco,ts Foster homes and greffp4effi-ees 75.00 afiliffa4y High piled eefnbtistibLe-s� 100.00 amiffa4y High „ lice safety , st,,,,, (testi before isstianee-efGef-&.) Dl., "; v 150.00 per review Pro"et r , Presstire Test(Friel-Storage Tanks andlot: v Netiee3 100.00 per+gtqt� Tank N,ehieles fer-flammable an 100 .00 a-Hw&a4y Tire rebti4diffg-p4f4 100.00 anw&a4�, 2 (installation and f:emovid) V "-rrcials Fire s'Atfe 50.00 pet:visi 105.9 Applications and fees required for failure to pass inspections. If a site does not meet the standards after the first inspection, or is not cancelled prior to the arrival of the inspector, the applicant must pay a new permit fee before any subsequent inspections will be conducted. 105.10 Burn permits. Burn permits will not be issued unless both Fire Prevention and Environmental Control Division approve the material to be burned. Section 2. The Corpus Christi Code of Ordinance, Chapter 18 is amended to add Section 18-4 to read as follows: Section 18-4 Fire Prevention Permit Fee Schedule The following fee schedules apply to activities under article I of this chapter. Corpus Christi Fire Department Fire Prevention Permit Fee Schedule Permit Fee Fee After Hours Overtime Inspections 100.00 per hour(3 hours minimum) pre-paid prior to scheduling inspection Airports, heliports and helisto s 200.00 annually Assembly 150.00 annually Automatic sprinklers, standpipes, and 200.00 per visit fire lines (testing) Bars 150.00 annually Churches (one-time fee—no day care 150.00 facility on remises Combustible fibers (storage and 150.00 annually handling) Compressed gas 100.00 annually Commercial Vent-A-Hood cleaning 100.00 annually Cryogenic fluids 150.00 annually Day care facilities (or similar short-term 100.00 annually occupancies) Dry cleaning plants 150.00 annually Exhibits/Trade Shows (Special Events 250.00 per event 3 Explosives, Demolition 250.00 per event Explosives, blasting agents and 150.00 annually ammunition Extinguishing systems 150.00 per inspection Fire alarms stems 150.00 per floor-per test visit Fire alarm systems (required 15,000 150.00 per zone-per test visit square foot zones Fireworks display aerial 150.00 per display Fireworks display non-aerial 150.00 per display Flammable and combustible liquids 150.00 annually Flammable finishes 150.00 annually Flame Effects 150.00 per display Foster homes and group homes 100.00 annually Fumigation and thermal insecticide 200.00 annually fogging Hazardous chemicals 150.00 annually High piled combustible stock 100.00 annually High rise life safety system (testing 250.00 per test before issuance of C. of O. Hospitals and nursing homes (per bed 1.20 per bed+ $250.00 flat fee Liquified natural gas 100.00 annually Liquified petroleum gas 100.00 annually Lumber storage 150.00 annually Mechanical refrigeration 100.00 annually Open burning 750.00 per da Plans Review 250.00 per review Pressure Test(Fuel Storage Tanks and/or Product Lines 150.00 per visit Organic coatings 100.00 annually Pressure Test(Fuel Storage Tanks and/or Product Lines) 100.00 per visit Repair Garages 150.00 annually Restaurants 150.00 annually Special Handling Fee (Less than 24 Hour Notice) 100.00 per inspection Tank vehicles for flammable and 100 .00 annually combustible liquids Tents and air supported structures 100.00 annually Tire rebuilding plant 100.00 annually Underground/Aboveground fuel tanks 200.00 per inspection installation and removal Visuals-Fire Alarm/Automatic 100.00 per visit Sprinkler(Aboveground/Underground Wrecking yard,junkyard or waste 100.00 annually handling 4 Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 5. This ordinance takes effect upon publication. 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 6 User Fee Study Summary Sheet Agenc City of Corpus Christi,TX Depar Fire Prevention-1020-12020 Fiscal2017 Cwre Recommendations Per Unit Annual Per Unit Annual 0 ® ® �� 1 After Hours Overtime Inspections 3 hrs min 18 $ 50 $ 145 35% $ 2,603 $ 900 $ 1,703 69% $ 100 $ 1,806 $ 906 $ 796 2 Airports,heliports and helistops annually 1 $ 100 $ 336 30% $ 336 $ - $ 336 60% $ 200 $ - $ - $ 336 3 Assembly annually 243 $ 100 $ 272 37% $ 66,216 $ 24,300 $ 41,916 55% $ 150 $ 36,419 $ 12,119 $ 29,797 4 Automatic sprinklers,standpipes,and fire li annually 134 $ 100 $ 406 25% $ 54,398 $ 13,400 $ 40,998 49% $ 200 $ 26,764 $ 13,364 $ 27,634 5 Bars annually 1 $ 100 $ 272 37% $ 272 $ - $ 272 55% $ 150 $ - $ - $ 272 6 Churches(onetime fee-no day care facilit)Fee 1 $ 100 $ 209 48% $ 209 $ - $ 209 72% $ 150 $ - $ - $ 209 7 Combustible fibers(storage and handling) annually 1 $ 100 $ 209 48% $ 209 $ - $ 209 72% $ 150 $ - $ - $ 209 8 Compressed gas annually 9 $ 100 $ 145 69% $ 1,301 $ 900 $ 401 69% $ 100 $ 903 $ 3 $ 398 9 Commercial VentA-Hood cleaning annually 23 $ 50 $ 150 33% $ 3,454 $ 1,150 $ 2,304 67% $ 100 $ 2,304 $ 1,154 $ 1,150 10 Cryogenicfluids annually 1 $ 100 $ 209 48% $ 209 $ - $ 209 72% $ 150 $ - $ - $ 209 11 Day care facilities(or similar short-term occ annually 96 $ 75 $ 145 52% $ 13,881 $ 7,200 $ 6,681 69% $ 100 $ 9,578 $ 2,378 $ 4,303 12 Dry cleaning plants annually 13 $ 100 $ 209 48% $ 2,711 $ 1,300 $ 1,411 72% $ 150 $ 1,952 $ 652 $ 759 13 Exhibits/Trade Shows(Special Events) perevent 1 $ 100 $ 342 29% $ 342 $ - $ 342 73% $ 250 $ - $ - $ 342 14 Explosives,Demolition perevent 1 $ 250 $ 278 90% $ 278 $ - $ 278 90% $ 250 $ - $ - $ 278 15 Explosives,blasting agents and ammunitior annually 7 $ 150 $ 209 72% $ 1,460 $ 1,050 $ 410 72% $ 150 $ 1,051 $ 1 $ 409 16 Extinguishing systems per inspection 76 $ 100 $ 209 48% $ 15,849 $ 7,600 $ 8,249 72% $ 150 $ 11,411 $ 3,811 $ 4,438 17 Fire alarm systems perfloor 114 $ 75 $ 214 35% $ 24,408 $ 8,550 $ 15,858 70% $ 150 $ 17,086 $ 8,536 $ 7,323 18 Fire alarm systems(required 15,000 square per zone 55 $ 75 $ 406 18% $ 22,328 $ 4,125 $ 18,203 37% $ 150 $ 8,261 $ 4,136 $ 14,066 19 Fireworks display(aerial) per display 23 $ 250 $ 150 166% $ 3,454 $ 5,750 $ (2,296) 100% $ 150 $ 3,454 $ (2,296) $ - 20 Fireworks display(non-aerial) per display 1 $ 150 $ 150 100% $ 150 $ - $ 150 100% $ 150 $ - $ - $ 150 21 Flammable and combustible liquids annually 252 $ 100 $ 209 48% $ 52,553 $ 25,200 $ 27,353 72% $ 150 $ 37,838 $ 12,638 $ 14,715 22 Flammable finishes annually 1 $ 100 $ 209 48% $ 209 $ - $ 209 72% $ 150 $ - $ - $ 209 23 Flame Effects per display 11 $ 150 $ 150 100% $ 1,652 $ 1,650 $ 2 100% $ 150 $ 1,652 $ 2 $ - 2/19/2018 Exhibit A MGT of America Consulting,LLC Page 1 of 3 User Fee Study Summary Sheet 24 Foster homes and group homes annually 197 $ 75 $ 209 36% $ 41,083 $ 14,775 $ 26,308 48% $ 100 $ 19,720 $ 4,945 $ 21,363 25 Fumigation and thermal insecticide fogging annually 1 $ 350 $ 209 168% $ 209 $ 350 $ (141) 96% $ 200 $ 200 $ (150) $ 8 26 Hazardous chemicals annually 4 $ 100 $ 209 48% $ 834 $ 400 $ 434 72% $ 150 $ 601 $ 201 $ 234 27 High piled combustible stock annually 2 $ 100 $ 145 69% $ 289 $ 200 $ 89 69% $ 100 $ 200 $ (0) $ 90 28 High rise life safety system(testing before i per test 1 $ 100 $ 406 25% $ 406 $ - $ 406 62% $ 250 $ - $ - $ 406 29 Hospitals and nursing homes(per bed) per bed+250 28 $ 369 $ 400 92% $ 11,211 $ 10,345 $ 866 92% $ 369 $ 10,325 $ (20) $ 886 30 Liquified natural gas annually J. $ 100 $ 145 69% $ 145 $ - $ 145 69% $ 100 $ - $ - $ 145 31 Liquified petroleum gas annually J. $ 100 $ 145 69% $ 145 $ 100 $ 45 69% $ 100 $ 100 $ (0) $ 45 32 Lumber storage annually 7 $ 100 $ 272 37% $ 1,907 $ 700 $ 1,207 55% $ 150 $ 1,049 $ 349 $ 858 33 Mechanical refrigeration annually 1 $ 100 $ 145 69% $ 145 $ - $ 145 69% $ 100 $ - $ - $ 145 34 Open burning perday 1 $ 750 $ 150 499% $ 150 $ - $ 150 500% $ 750 $ - $ - $ 150 35 Plans Review per review 1 $ 150 $ 272 55% $ 272 $ - $ 272 92% $ 250 $ - $ - $ 272 36 Pressure Test(Fuel Storage Tanks and/or Pi per visit 7 $ 100 $ 214 47% $ 1,499 $ 700 $ 799 70% $ 150 $ 1,049 $ 349 $ 450 37 Organic coatings annually J. $ 100 $ 145 69% $ 145 $ - $ 145 69% $ 100 $ - $ - $ 145 38 Repair Garages annually 228 $ 100 $ 209 48% $ 47,548 $ 22,800 $ 24,748 72% $ 150 $ 34,234 $ 11,434 $ 13,313 39 Restaurants annually 484 $ 100 $ 209 48% $ 100,935 $ 48,400 $ 52,535 72% $ 150 $ 72,673 $ 24,273 $ 28,262 40 Special Handling Fee(Less than 24 Hour No per inspection 1 $ 100 $ 86 116% $ 86 $ - $ 86 116% $ 100 $ - $ - $ 86 41 Tankvehicles for flammable and combustib annually J. $ 100 $ 145 69% $ 145 $ - $ 145 69% $ 100 $ - $ - $ 145 42 Tents and air supported structures annually 16 $ 75 $ 145 52% $ 2,314 $ 1,200 $ 1,114 69% $ 100 $ 1,596 $ 396 $ 717 43 Tire rebuilding plant annually J. $ 100 $ 336 30% $ 336 $ - $ 336 60% $ 200 $ - $ - $ 336 44 Underground/Aboveground fuel tanks(inst per inspection 24 $ 100 $ 214 47% $ 5,139 $ 2,400 $ 2,739 70% $ 150 $ 3,597 $ 1,197 $ 1,542 45 Visuals-Fire Alarm/Automatic Sprinkler(A per visit 83 $ 50 $ 272 18% $ 22,617 $ 4,150 $ 18,467 37% $ 100 $ 8,323 $ 4,173 $ 14,294 46 Wrecking yard/Junkyard/Waste Handling annually 7 $ 100 $ 145 69% $ 1,012 $ 700 $ 312 69% $ 100 $ 698 $ (2) $ 314 47 Non Fee Related Activities Non-Fee 1 $ - $1,577,115 0% $ 1,577,115 $ - $ 1,577,115 0% $ - $ - $ - $ 1,577,115 2/19/2018 MGT of America Consulting,LLC Page 2 of 3 User Fee Study Summary Sheet Total Cost of Unidentified Time $0 $0 $0 $0 Total User Fees $507,051 $210,295 $296,756 $314,844 $104,549 $192,206 %of Full Cost 41% 59% 62% 50% 38% Total Other Services $1,577,115 $0 $1,577,115 $0 $0 $1,577,115 %of Full Cost 0% Department Totals $2,084,165 $210,295 $1,873,870 $314,844 $104,549 $1,769,321 %of Full Cost 10% 90% 15% 50% 85% Footnotes 2/19/2018 MGT of America Consulting,LLC Page 3 of 3 Fire Department Fire Prevention Fee Amendments Council Presentation March 20, 2018 Prevention Fee Amendments 0 CURRENT PROPOSED Current% Proposed% Current Fee Per Full Cost of Cost Cost Service or Item Service or Item Service Recovery Proposed Fee Recover $Chane %Chan e Exhibits/Trade Shows(Special Events) $100.00 $342.00 29% $250.00 73% $150.00 150.0% High rise life safety system (testing before issuance of C.of O. $100.00 $406.00 25% $250.00 62% $150.00 150.0% Airports,heliports and helistops $100.00 $336.00 30% $200.00 60% $100.00 100.0% Automatic sprinklers,standpipes,and fire lines (testing) $100.00 $406.00 25% $200.00 49% $100.00 100.0% Tire rebuilding plant $100.00 $336.00 30% $200.00 60% $100.00 100.0% Fire alarm systems $75.00 $214.00 35% $150.00 70% $75.00 100.0% Fire alarm systems(required 15,000 square foot zones) $75.00 $406.00 18% $150.00 37% $75.00 100.0% After Hours Overtime Inspections $50.00 $145.00 35% $100.00 69% $50.00 100.0% Commercial Vent-A-Hood cleaning $50.00 $150.00 33% $100.00 67% $50.00 100.0% Visuals-Fire Alarm/Automatic Sprinkler (Aboveground/Underground) $50.00 $272.00 18% $100.00 37% $50.00 100.0% 2 Prevention Fee Amendments Continued CURRENT PROPOSED Current Fee Current% Proposed% Per Service Full Cost of Cost Cost Service or Item or Item Service Recovery Proposed Fee Recover $Chan e %Change Plans Review $150.00 $272.00 55% $250.00 92% $100.00 66.7% Assembly $100.00 $272.00 37% $150.00 55% $50.00 50.0%- Ba rs 0.0%Bars $100.00 $272.00 37% $150.00 55% $50.00 50.0% Churches(one-time fee-no day care facility on premises) $100.00 $209.00 48% $150.00 72% $50.00 50.0% Combustible fibers(storage and handling) $100.00 $209.00 48% $150.00 72% $50.00 50.0% Cryogenic fluids $100.00 $209.00 48% $150.00 72% $50.00 50.0% Dry cleaning plants $100.00 $209.00 48% $150.00 72% $50.00 50.0% Extinguishing systems $100.00 $209.00 48% $150.00 72% $50.00 50.0% Flammable and combustible liquids $100.00 $209.00 48% $150.00 72% $50.00 50.0% Flammable finishes $100.00 $209.00 48% $150.00 72% $50.00 50.0% Hazardous chemicals $100.00 $209.00 48% $150.00 72% $50.00 50.0% Lumber storage $100.00 $272.00 37% $150.00 55% $50.00 50.0% Pressure Test Fuel Storage Tanks and/or Product Lines $100.00 $214.00 47% $150.00 70% $50.00 50.0% Repair Garaes $100.00 $209.00 48% $150.00 72% $50.00 50.0% Restaurants $100.00 $209.00 48% $150.00 72% $50.00 50.0% Underground/Aboveground fuel tanks(installation and removal) $100.00 $214.00 47% $150.00 70% $50.00 50.0% Day care facilities(or similar short-term occupancies) $75.00 $145.00 52% $100.00 69% $25.00 33.3% Foster homes and group homes $75.00 $209.00 36% $100.00 48% $25.00 33.3% Tents and air supported structures $75.00 $145.00 52% $100.00 69% $25.00 33.3% Prevention Fee Amendments Decreases ' CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed% Service or Item Service or Item Service Cost Recoveryl Proposed Fee Cost Recover $Chane %Change Fireworks display(aerial) $250.00 $150.00 166% $150.00 100% -$100.00 -40.0% Fumigation and thermal insecticide fogging $350.00 $209.00 168% $200.00 96% $150.00 -42.9% 4 Estimated Future FY Revenue Increase • Total estimated annual revenue increase = $104,549.00 SC o� Va. AGENDA MEMORANDUM First Reading (Postponed) for the City Council Meeting of 2/27/18 ,NCRRPUFPIFirst Reading for the City Council Meeting of 3/20/18 1852 Second Reading for the City Council Meeting of 3/27/18 DATE: February 21, 2018 TO: Margie C. Rose, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com (361) 826-7070 Amending the Code of Ordinances regarding Library fees to increase the photocopy fee CAPTION: Ordinance amending section 2-79 of the code of ordinances regarding library fees to increase the photocopy fee. PURPOSE: Increase copy machine and computer printout fees from $.15 per sheet to $.30 per sheet. BACKGROUND AND FINDINGS: Fee study conducted in 2017 by MGT of America Consulting Group recommended increasing copier and computer printout fees. ALTERNATIVES: If not approved, fees will remain the same. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Yes EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $47,316 $47,316 $94,632 Encumbered / Expended Amount This item *$23,658 $47,316 $70,974 BALANCE $70,974 $94,632 $165,606 Fund(s): General Fund — Copy/Printout Sales Comments: Current projection for copy machine and computer printout fees at $0.15 is $47,316 and $94,632 at $0.30; increasing revenue by $47,316. *Represents pro-rated revenue increase assuming collection of new fees beginning April 1 , 2018 through the remaining 6 months in the FY18 fiscal year. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation AN ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES REGARDING LIBRARY FEES TO INCREASE THE PHOTOCOPY FEE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2-79 is revised to read as follows: Sec. 2-79. - Fees. (a) Overdue fees: (1) Each library item, per day.....$0.25 for books, $1.00 for recordings, compact discs, �4m.d-�^^;r,��rottes and DVDs and Blu-rays. (2) Maximum overdue fee.....Actual replacement cost or original cost of item, whichever is greater (b) Collection fee. .....$10.00 Any account with a "Lost" item or any account of twenty-five dollars ($25.00) or more that is unpaid for sixty (60) days or more,- and is referred for collection to a private vendor, shall be assessed a ten-dollar (10.00) collection fee. (c) Photocopy fee, per page. .....$ 0.30 (d) Lost library item processing fee: An item is deemed lost on the 31St day after date due. At that time, patron is assessed the cost of the item or actual replacement cost, whichever is greater, plus a $5.00 processing fee. (1) If a lost item is returned in good condition after patron has paid the cost of the item and fees, the five-dollar processing fee is refunded and accrued fees paid or up to half the cost of the item, whichever is less is refunded. (2) If a lost item is returned in good condition and patron has not paid the cost of the item and fees, patron is charged accrued fees or up to half the cost of the item, whichever is less, and is not charged the $5.00 processing fee. (3) If a lost item is not in good condition when returned, the cost of the item or actual replacement cost, whichever is greater will be assessed plus the $5.00 processing fee. (e) Annual nonresident library fee $25.00 The annual nonresident library fee shall not apply to the following: (1) Members of the armed forces (and their dependents) stationed (i) within the City limits or (ii) at the Coast Guard Station, Port Aransas, Texas; (2) Temporary residents residing within the City limits for six (6) weeks or more; (3) Students currently enrolled at (i) Texas A & M University-Corpus Christi or (ii) Del Mar College; and (4) Nonresidents who own real property within the City limits. (f) Interlibrary loan service fees: (1) Residents of the city, per item. .....$2.75 (2) Nonresidents of the state, per item. .....$15.00 Residents of the city will also be charged for the full cost of any fees assessed by the lending library. (g) Replacement Library Cards: Lost or stolen cards must be reported immediately. There is a two-dollar charge for replacement cards. SECTION 2. This ordinance takes effect after official publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CORPUS CHRISTI PUBLIC LIBRARIES Library Department Library Fee Amendments Council Presentation March 20, 2018 ei Library Fee Changes CORPUS CHRISTI PUBLIC LIBRARIES CURRENT PROPOSED Current Fee Current% Service or Per Service or Full Cost of Cost Proposed Proposed% % Item Item_ Service Recovery Fee Cost Recovery $Change Change Copy machine printouts $.15 1 $4.32 1 3% $.30 7% $.15 100% Computer printouts 1 $.15 $1.50 10% $.30 20% $.15 100% 2 CORPUS CHRISTI �. Estimated Future FY PUBLIC LIBRARIES Revenue • Total projected annual revenue increase $47,316 mus c� 0o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of March 20, 2018 Second Reading for the City Council Meeting of March 27, 2018 DATE: January 30, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at or near 2722 Flour Bluff Drive CAPTION: Case No. 0118-03 Lowm, Inc.: A change of zoning "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District. The property is located at or near 2722 Flour Bluff Drive described as being 13.63 acres out of Lots 1 and 2, Section 50, Flour Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff Drive, south of Glen Oak Drive, and north of Caribbean Drive. PURPOSE: The purpose of this item is to allow the construction of a single-family subdivision consisting of 21 lots. RECOMMENDATION: Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single- Family 22 District is to allow for the construction of a single-family subdivision consisting of 21 lots. The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) including the Future Land Use Map (Element 7) and the Flour Bluff Area Development Plan (ADP). ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) including the Future Land Use Map (Element 7) and the Flour Bluff Area Development Plan (ADP). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0118-03: Ordinance rezoning property at or near 2722 Flour Bluff Drive from "CG-1" General Commercial District and "RS-6" Single-Family 6 District to "RS-22" Single-Family 22 District and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Lowm, 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, January 24, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-1" General Commercial and "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District and on Tuesday, March 20, 2018, 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 Lowm, 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 being 13.63 acres out of Lots 1 and 2, Section 50, Flour Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff Drive, south of Glen Oak Drive, and north of Caribbean Drive (the "Property"), from the "CG-1" General Commercial and "RS-6" Single-Family 6 District to the "RS-22" Single- Family 22 District (Zoning Map No. 037030), 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\2018\0118-03 Lowm, Inc\Council Documents\Ordinance_0118-03_Lowm, 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 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0118-03 Lowm, Inc\Council Documents\Ordinance_0118-03_Lowm, Inc.docx Page 3 of 3 i <\' HANSON Hanson Professional Services Inc. 4501 Gollihar Road Engineering I Planning I Allied Services Corpus Christi,TX 78411 361-814-9900 Fax:361-814-4401 www.hanson-inc.com 13.636 ACRE TRACT Being a 13.636 acre tract of land out of Lots Nos. One (1) and Two (2), Section No. Fifty (50), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, Nueces County, Texas, according to map thereof recorded in Volume"A", pages 41,42 and 43, Map Records of Nueces County,Texas, and more particularly described by metes and bounds as follows, to-wit: Beginning at a point in the common boundary line between Sections 39 and 50, Flour Bluff and Encinal Farm and Garden Tracts, from which the common comers of Sections 39, 40, 49 and 50, bears North 29 degrees East 330 feet, for the North comer of this tract; THENCE South 61 degrees East across Lots 1 and 2 in said Section 50, parallel to and 330.00 feet distant from the common boundary between Section 49 and 50, Flour Bluff and Encinal Farm and Garden Tracts, a distance of 1,320.00 feet to a point in the common boundary line between Lots 2 and 3 of said Section 50, for the East comer of this tract; THENCE South 29 degrees West along the common boundary between said Lots 2 and 3, Section 50, a distance of 450.00 feet to a point in the said boundary line for the South comer of this tract; THENCE North 61 degrees West parallel with the common boundary line of said Sections 9 and 50, a distance of 1,320.00 feet to a point in the common boundary between said Sections 39 and 50 for the West comer of this tract; THENCE North 29 degrees East along the common boundary line of said Sections 39 and 50, a distance of 450 feet to the North comer of this tract and the PLACE OF BEGINNING. This metes and bounds description was prepared in-house without the benefit of a field survey. Stacey n ora, RPLSrA '� .!<` WSTEq'• Registered Professional Land Surveyor Fo' � Texas Registration No. 6166STACEY F;", ....... Hanson Professional Services 6166 TBPE F#417 TBPLS F# 100395-00 Date:1A no'" S, 201 S - TBAE Firm:BR-2458 0 TBPE Firm:F-000417 ■ TBPG Firm:50556 ■ TBPLS Firm:100395-00&10194269 r _ -_ - FLOUR BLUFF DRIVE I cn 0 J f 0 T z Y QG 00 O T Q 02, Gy L = ,Is; I N F�OtAJ T ! OLUME 54, M.RAC.T. 4 pO< II 8 m fo- U) god ■ fabs` �,. ., ...-.. ' y•4- - J� ------------ , T ■■W C WT 9Ai9 J ` `...� 1 FHE.GRAND f9ciMWE MSUBDIV10�,- ISUN '1 , p \6::0rUMBfits __ .34 Il I • I 1 Zoning Case #0118-03 Lowm, Inc. Rezoning for a Property at 2722 Flour Bluff Drive City Council Presentation March 20, 2018 �4us ck v0., KGs 4 F � Aerial Overview nod� o r SUBJECT) rj , Subject Property at 2722 Flour Bluff Drive It Y� � r O �^ Qa Vicinity Map O 1'� a�h, ccl ope�str�et�nap aid�aRtrin��mrs, _ Creative Commons-Share Alike License{CCBY-SA) 6 Zoning Pattern 66I�I�99 T eefolf�91 eL199 �,,. 1p1m4 9131 E6lJ lJ iLI F4 _.. O 1661aJ�}o�99 ��71IC�77 �x �I �® �6 0 0 9� 66 g96� o 00 0 0 0 I I V� pQOp�Q Il if 6 0 1 I B o(c�o�li Ali 99 !: 1 �li99 Q 4 f'% Planning Commission and %1 V Staff Recommendation Approval of the change of zoning from the "CG-1 " General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District. Site Plan St I D"Su A VI aY Pi ve ameN Eft t LOTS 1 1g 8" CK1. VQLUMf�67, .A( 'Jyw I ��# cb fl w M.PtN:CrT. o n ur Z 47 � J N e a . 1777777 1 may'. 6 UDC Requirements 77 Buffer Yards: "RS-22" to "CG-1" 15 feet and 15 points Min. Lot Size: 22,000 sq. ft. (1/2 acre) Min. Lot Width: 100 ft. aP Max Height: 35 ft. SUBJECT Min. Open Space: 30% Fj Q Setbacks: Street: 25 feet Side: 10 feet Rear: 10 feet Parking: 2 per dwelling unit inA ,, Uses Allowed: Single-Family Homes. PLANNING COMMISSION FINAL REPORT Case No. 0118-03 INFOR No. 18ZN1001 Planning Commission Hearing Date: January 24, 2018 = Owner/Applicant: Lowm, Inc. a�o Location Address: 2722 Flour Bluff Drive Legal Description: Being 13.63 acres out of Lots 1 and 2, Section 50, Flour Q w Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff o Drive, south of Glen Oak Drive, and north of Caribbean Drive. *, From: "CG-1" General Commercial District and "RS-6" Single-Family 6 District a To: "RS-22" Single-Family 22 District 'c s Area: 13.63 acres N Purpose of Request: To allow the construction of a single-family subdivision consisting of 21 lots. Existing Zoning District Existing Land Use Future Land Use "CG-1" General Site Commercial and Vacant Medium Density _ "RS-6" Single-Family Residential "CG-1" General Vacant, Low Density Medium, Low C North Commercial and Residential, and Density Residential, o "RS-6" Single-Family Commercial and Commercial 0)= South "RE" Residential Estate Vacant and Estate Medium Density = M Residential Residential XEast "RE" Residential Estate Estate Residential Medium and Low X Density Residential Vacant, Low Density Low Density West "FR" Farm Rural Residential, and Residential and Public/Semi-Public Transportation Area Development Plan: The subject property is located within the boundaries Qof the Flour Bluff Area Development Plan and is planned for medium density 0 residential uses. The requested zoning is consistent with the adopted 2 •a Comprehensive Plan (Plan CC) including the Future Land Use Map (Element a o 7) and the Flour Bluff Area Development Plan (ADP). Q > Map No.: 037030 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 450 L 0 feet of street frontage along Flour Bluff Drive which is designated as an "Al 0- N Minor Arterial Street. M L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume p Plan Type Flour Bluff "Al" Minor 95' ROW 86' ROW N/A Drive Arterial Street 64' paved 25' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District on 13.63 acres for the construction of a single-family subdivision consisting of 21 lots. Development Plan: The subject property is comprised of 13.63 acres. The owner is requesting to rezone to the "RS-22" Single-Family 22 District. The applicant plans to develop the subject property for single-family home lots. Due to the lack of direct access to the City's sanitary sewer collection system, a zoning change is proposed to the "RS- 22" Single-Family 22 District. Existing Land Uses & Zoning: The subject property is currently zoned "CG-1" General Commercial District and "RS-6" Single-Family 6 District. The subject property is vacant land. To the north are properties zoned "CG-1" General Commercial District with a professional offices use (Safenet Services, LLC) and single family residences zoned "RS-6" Single-Family 6 District. To the south and east are one acre single-family properties zoned "RE" Residential Estate (Grand Reserve Subdivision Units 1 and 2). To the west are single-family residences zoned "FR" Farm Rural District and the "CZ" Clear Zone as designated by the Air Installation Compatibility Use Zone (AICUZ) Map due to proximity of the runway of the Waldron Naval Auxiliary Landing Field (NALF). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) including the Future Land Use Map (Element 7) and the Flour Bluff Area Development Plan (ADP). Additionally, the requested zoning is consistent with the following policies of the Flour Bluff Area Development Plan (ADP) and Plan CC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City should continue to encourage large lot development in the southwest quadrant consistent with the existing development trend in the area and to preserve environmental qualities of the area. (FB ADP Policy Statement B.7) Department Comments: • The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) including the Future Land Use Map (Element 7) and the Flour Bluff Area Development Plan (ADP). • The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "CG-1" General Commercial District and "RS-6" Single-Family 6 District tract, has never been developed, and is surrounded by the "RE" Residential Estate District. • If the "RS-22" Single-Family 22 District is approved, any future development will require platting and observation of all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (January 24, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "RS-22" Single-Family 22 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 23 within 200-foot notification area = 6 outside notification area 0 M As of January 19, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) KADevelopmentSvcs\SHARED\ZONING CASES\2018\0118-03 Lowm,Inc\Council Documents\Staff Report_0118-03 Lowm,Inc..docx FR RM-1 Q� Q A. k Q' FR J , 1s � 11 CD 0 20 RS- o - C,G-1 17 G�F QV Q 9 Nogkp Q 6 2 R p 14 SUBJECT i 23 12 PROPERTY 5 15 Q 3 1 22 - — Q FR Q 10 8 13 19 4 RE R EGR 21 '4Np C 16 qNq pR RS--6 Date Created:11812018 0 400 800 Prepareii By.7VeremyM Feet Department of Development Services CASE: 0118-03 y04�y K-OOG/ RO ZONING & NOTICE AREA F� Q J RM-1 Multifamily 1 IL Light Industrial 0� RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay Caro Del Oso rw oNpgF ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 G�� *0 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RE RS-15 Single-Family ngle-Fa al lEstate c'9RiBe�9� CR-2 Resort Commercial CG-1 General Commercial OR OBJECT SP RS-TH Special Permit R �F, PROP.ERTY CG-2 General Commercial 4�F K CI Intensive Commercial RV Recreational Vehicle Park ��aq CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial P4 FR Farm Rural H Historic Overlay BP Business Park aSubject Property Owners with 200'buffer 0 in favor S City Of 4 Owners within 200'listed on X Owners LOCATION MAP Corpus attached ownership table /�in opposition Christi a a AGENDA MEMORANDUM 1R82` Public Hearing and First Reading for the City Council Meeting of March 20, 2018 Second Reading for the City Council Meeting of March 27, 2018 DATE: February 21 , 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at or near 15641 Northwest Boulevard CAPTION: Case No. 0218-02 Puerto Los Caballeros, LLC.: A change of zoning "FR" Farm Rural District to the "CG-2" General Commercial District. The property is located at or near 15641 Northwest Boulevard and described as being 39.750 Acre Tract, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, Located on the south side of Northwest Boulevard, east of County Road 73, and west of County Road 1889. PURPOSE: The purpose of this item is to allow for the construction of a restaurant. RECOMMENDATION: Planning Commission and Staff Recommendation (February 7, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG-2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) except for Element 7 (Future Land Use Map). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 Case No. 0218-02 Puerto Los Caballeros, LLC: Ordinance rezoning property at or near 15641 Northwest Boulevard from "FR" Farm Rural District to the "CG-2" General Commercial District. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Puerto Los Caballeros, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, February 7, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural to the "CG-2" General Commercial District and on Tuesday, March 20, 2018, 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 Puerto Los Caballeros, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property at or near 15641 Northwest Boulevard and described as being 39.750 Acre Tract, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, Located on the south side of Northwest Boulevard, east of County Road 73, and west of County Road 1889 (the "Property"), from the "FR" Farm Rural to the "CG-2" General Commercial District (Zoning Map No. 070051), 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\2018\0218-02 Puerto Los Caballeros, LLC\Council Documents\Ordinance_0218- 02 Puerto Los Caballeros, LLC.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 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-02 Puerto Los Caballeros, LLC\Council Documents\Ordinance_0218- 02 Puerto Los Caballeros, LLC.docx Page 3 of 3 URBAN ENGINEERING Job No. 43212.00.01 January 10, 2018 Exhibit A 39,750 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 39.750 Acre Zoning Tract, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, being the same 39.750 Acre Tract described in Warranty Deed from 624 Property, LLC, a Texas limited liability company to Puerto Los Caballeros LLC, as recorded in Document No. 2017042666,Official Public Records of Nueces County,Texas;said 39.750 Acre Tract,being more fully described by metes and bounds as follows: Beginning, at a 518 Inch Iron Rod in concrete Found, on the North boundary of Tract 2, Parcel 1, described in Partition from Cecil R. Wright, Mary Sue Wright, Betty Jane Bates and James L. Bates to Peggy Wright and Billy Earl Wright, as recorded in Document No. 990562, said Official Public Records, for the Southwest corner of a 1.2641 Acre, described as Tract 2 in Document No. 2015022782, said Official Public Records and for the Southeast corner of the said 39.750 Acre Tract and this Tract; Thence, North 80°49'07" West, with the North boundary of the said Tract 2, Parcel 1, 1785.57 Feet, to a 518 Inch Iron Rod Found, on the East Right-of-Way Line of County Road 73, a public roadway, for the Southwest comer of the said 39.750 Acre Tract and this Tract; Thence, North 09°14'39" East, with the said East Right-of-Way Line, 856.57 Feet, to a Concrete Monument Found, for a corner of the said 39.750 Acre"Tract and this'Tract; Thence,North 52°08'03" East, with the said East Right-of-Way Line, 73.28 Feet,to a Concrete Monument Found, on the South Right-of-Way Line of Northwest Boulevard(Farm to Market Road 624), for a comer of the said 39.750 Acre Tract and this Tract; Thence, South 84°55'59" East, 1738.87 Feet, with the said South Right-of-Way Line, to a 518 Inch Iron Rod with yellow plastic cap stamped"Bass&Welsh"Found, for the Northeast comer of the said 39.750 Acre Tract and this Tract; Thence, South 09°09'51" West, 1034.97 Feet, with the West boundary of the said 1.2641 Acre Tract, to the Point of Beginning,containing 39.75 Acres(1,731,513 Square Feet)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. Tc c "SI, Also reference accompanying sketch of Tract descr 16 At. AN ENG 9a��ss�. .�o �qND S11��� James D.Carr,R.P.L.S. License No.6458 S:1Surveying1432121000110FFICEIMETES AND BOUNDSIFN 432120001_20180109_39.750Ac.Doc Page 1 of 1 OFFICE: (361)854-3101 2725 SWANTNERDR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE Firm# 145 •TBPLS Firm# 10032400 rj — _t-- —at Bouievord Fa - - ------------------------------- --------------------------- � � � �rket Rood 624) _ S8455'59"E 1738.87' 30 _____ h, ? Q7 v � Q 3oe W %wc .f 39.750 Acre (1,731,513sf) rn rn Zoning Tract 0 000a a so O o i ) I o Leaend: 03p y Concrete Monument Found j 5/8 Inch Iron Rod with yellow 0 plastic cap stamped "Bass & Welsh" Found North i N8049'Q] 0 5/8 Inch Iron Rod in Exhibit B p°I�me of° t2o 1s "w 1785.57 concrete 78, "Point of Sketch to Accompe'n Mariano 'Pel de He 3e o sof ty, 302, D R V,Cd7d in Beginning / ♦ 5 8 Inch Iron Rod Found FIELDNOTES, for a 39.750 Acre Zoning Tract, situated in �Dmne(D.. No,roy8 oB Pudo Dol old M_ MoLntyra partition the Mariano Lopez de Herrera Grant, Abstract No. 606, e99y'rori z' DpR.:V.0 DATE:I Jan. 10, 2018 Nueces County, inWarranty being the some 39.750 Acre 9ht and Billy Ea ) URBAN SCALE' : 4321' Tract described Texas,Warranty Deed from 624 Property, ri "right) LLC, a Texas limited liability company to Puerto Los 300 200 100 0 200 400 JOB NO.: 43212.00.01 INENGINEERING Caballeros LLC, as recorded in Document No. SHEET: 1 of 2 „o. Ho. Texas. 2666, Official Public Records of Nueces County, TMs,°;o --,=4 R ' DRAWN BY: x Texas. Graphic Scale urbansurveyl®urboneng.com P,=200' 02018 by Urban Engineering uo H-1 Monta doq /i- Baze—e Pk S - m -y� River 711, iuHill—ds t aie = > J� ^�J country cwb � � � � �a tights6d No Yon Teague o snnu� rc ai fnnit .., Peau 9 -o Northwe et Ba+�evortl(Form to Market Rootl 624) mSiaetn L000 F'ive�Rock City m aorse� IM ----- S o Nueces County orpus Christi, Texa Location Map DATE: Jan. 10, 201$ URBAN z, SCALE: : 4321' JOB 2.00.01 ENGINEERING SHEET:T. 4 2 of of 2 DRANM BY: xg urbansurveyl®urboneng.com 02018 by Urban Engineering Zoning Case #0218-02 Puerto Los Caballeros, LLC. Rezoning for a Property at 15641 Northwest Boulevard (FM 624) City Council Presentation March 20, 2018 a Aerial Overview } O C pG�30O pCG3 'l O 2 r . Subject Property at 15641 Northwest Boulevard (FM 624) ik NORt, T BLVD IWI It ..•_ ,9 n u Vicinity Map - U v7 (c)iOpenStreetMapandcontripu¢ors, i Creative Oammo.-Is'are A� . a Zoning Pattern 681r/r o�ilflfl ��® nMIC�;�9 o wommov11 p ING V�1J 46 s -7 FIROPIER'N 9995 INS 662199 � 66��oc�99 2095 � 0 g �'IOU L�L� 999 (aplm- l @°67 �0 0 Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. PLANNING COMMISSION FINAL REPORT Case No. 0218-02 INFOR No. 18ZN1003 Planning Commission Hearing Date: February 7, 2018 Owner: Puerto Los Caballeros, LLC. = Applicant: Urban Engineering a o Location Address: 15641 Northwest Boulevard (FM 624) — J 'L Legal Description: Being 39.750 Acre Tract, situated in the Mariano Lopez de Qin Herrera Grant, Abstract No. 606, Nueces County, Texas, Located on the south o side of Northwest Boulevard, east of County Road 73, and west of County Road 1889. From: "FR" Farm Rural District _ To: "CG-2" General Commercial District io Area: 39.75 acres Purpose of Request: To allow for the construction of a restaurant. Existing Zoning District Existing Land Use Future Land Use "CG-1" General Site Commercial and Vacant Medium Density _ "RS-6" Single-Family Residential Vacant, Low Density Medium, Low a� u, "OCL" Outside City North Residential, and Density Residential, o ? Limits Commercial and Commercial a�= South "RE" Residential Estate Vacant and Estate Medium Density = M Residential Residential X East "RE" Residential Estate Estate Residential Medium and Low Lu Density Residential Vacant, Low Density Low Density West "FR" Farm Rural Residential, and Residential and Public/Semi-Public Transportation Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density Qresidential uses. The proposed rezoning to the "CG-2" General Commercial ° District is consistent with the adopted Comprehensive Plan (Plan CC) except P for the Future Land Use Map (Element 7). Additionally, the proposed rezoning n- o is consistent with the Northwest Area Development Plan (ADP) and the Qsurrounding zoning district. Map No.: 070051 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 1,740 feet of street frontage along Northwest Boulevard (FM 624) which is L ° designated as an "AY Primary Arterial Street and has approximately 830 feet CL N of street frontage along County Road 73 which is designated as an "A2" Secondary Arterial Street. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume O Plan Type Northwest "AY Primary 130' ROW 130' ROW 17,961 Boulevard Arterial Street 79' paved 83' paved ADT (2014) (FM 624) N County "A2" Secondary 1 00' ROW 84' ROW N/A Road 73 Arterial Street 54' paved 26' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CG-2" General Commercial District for the construction of a restaurant. Development Plan: The subject property is comprised of 39.75 acres. The owner is requesting to rezone to the "CG-2" General Commercial District. The applicant plans to develop the subject property for a barbecue restaurant. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, is vacant/agricultural land, and was part of an annexation in 1995. To the north are properties with commercial uses, however are located outside of the city limits. To the south and west are vacant/agricultural tracts also zoned "FR" Farm Rural District. To the east are vacant/agricultural properties and a Ione single-family residence both zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) except for the Future Land Use Map (Element 7). Additionally, the proposed rezoning is consistent with the Northwest Area Development Plan (ADP), the surrounding zoning district, and with the following policies of the Northwest Area Development Plan (ADP) and Plan CC: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways/exits can be designed to serve several businesses and right turns onto major streets can be encouraged. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • 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). • Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan area. (NW ADP Policy Statement B.1) Department Comments: • The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC) except for the Future Land Use Map (Element 7). Additionally, the proposed rezoning is consistent with the Northwest Area Development Plan (ADP) and the surrounding zoning district. • The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant/agricultural and surrounded by properties also zoned "FR" Farm Rural District. The property has remained undeveloped since annexation in 1995. • Any future development will require platting and observation of all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (February 7, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff Report Page 4 Number of Notices Mailed — 18 within 200-foot notification area 7 outside notification area 0 As of February 2, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area a — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-02 Puerto Los Caballeros,LLC\PC Documents\Staff Report_0218-02_Puerto Los Caballeros,LLC.docx J Ixz O Q) 3 8 3 12 4 10 5 0 — 6 7 1 2 13 NORTHWEST BLVD 16 SUBJECT P, ROPERTY 14 R 18 15 17 Date Created:112212018 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0218-02 FUTURE LAND USE Mixed Use Low Density Single Family Residential Water Medium Density Single Family Residential Planned Development High Density Residential SUBJECT Agriculture/Rural Enterprise Transition Aviation Special District PROPERTY,--'— - Commercial Transition Special District — Government Transportation �[_I - Institutional Permanent Open Space FM-sia - Flood Plain Conservation — —,Heavylndustrial ® _ Light Industrial Transportation Plan Existing Proposed Expressways❑ E v Arterials Collectors ---- ws :....i Parkway City of �+++� Railroad �+�+� Map Scale:1:3,600 Corpus LOCATION MAP Christi se O H v AGENDA MEMORANDUM NoRPORPS EPublic Hearing and First Reading for the City Council Meeting of March 20, 2018 1852 Second Reading for the City Council Meeting of March 27, 2018 DATE: February 27, 2018 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Director, Planning and ESI Dan ielMc(a)cctexas.com (361) 826-7011 Public Hearing — North Beach Redevelopment Initiative CAPTION: Ordinance adopting North Beach Redevelopment Initiative Specific Plan; and amending the Comprehensive Plan PURPOSE: The realignment of the Harbor Bridge and associated freeway system creates numerous challenges to the community but also offers tremendous opportunity for growth and redevelopment. To seize this moment and take full advantage of opportunities on North Beach, the City hired Gateway Planning to lead a planning effort that outlined redevelopment concepts and engaged the North Beach community for input. BACKGROUND AND FINDINGS: After working with the community to create redevelopment concepts between September 2016 and July of 2017, staff originally intended to complete the North Beach Redevelopment Initiative in the fall of 2017 and bring the plan to Council for adoption as an appendix to the Downtown Area Development Plan. However, additional redevelopment concepts had come forward. Following Council direction given during the August 15, 2017 City Council meeting, staff worked with Gateway Planning to update the redevelopment concept to ensure all redevelopment ideas have been considered for the North Beach area. Staff held a community Open House on North Beach on February 15, 2018 to present the updated redevelopment concepts Alternative 1 and Alternative 2, along with a Capital Improvements Projects Map and Capital Improvements Projects List, and to gather community feedback. ALTERNATIVES: Denial of the proposed North Beach Redevelopment Initiative with suggestions to the Planning & ESI Department OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed North Beach Redevelopment Initiative conforms to City policy. EMERGENCY /NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Planning and ESI Department, Planning Commission — recommended approval February 21, 2018. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff and Planning Commission recommend approval of the North Beach Redevelopment Initiative. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibit A — North Beach Redevelopment Initiative Presentation Ordinance adopting North Beach Redevelopment Initiative Specific Plan; and amending the Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the North Beach Redevelopment Initiative. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 21, 2018, during a meeting of the Planning Commission, and on Tuesday, March 20, 2018, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, City Staff invited the public to workshops and public meetings that were held on February 9, 2017, April 19, 2017, April 20, 2017, and February 15, 2018 to give input to help develop a Redevelopment Initiative for North Beach, and to receive public feedback. WHEREAS, City staff coordinated with various community agencies and organization throughout the process of developing the North Beach Redevelopment Initiative. WHEREAS, the city shall use the North Beach Redevelopment Initiative as a guideline to facilitate other plans that the city considers necessary for systematic growth and development. WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the North Beach Redevelopment Initiative, including: Alternative 1, Alternative 2, Capital Improvement Projects Map, and Proposed Capital Improvement Projects List, are adopted by this ordinance to read shown as exhibits attached and incorporated by reference: A. North Beach Redevelopment Initiative SECTION 2. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A */Allk A j` Q '� B 13 X i SpR9 Y� 3 ry�r s 0 15 15 Y, a�r 15 6 is y v J k, f & 7 ti .r 3 315 Legend 1 Single Family Detached L+ 14 j,»+tl 2 Multi-Family A, r 12 3 Single Family Attached 4 Retail/Office 5 HoteL/HospitalRy 6 Mixed-Use r ,f _ 's� CY� _ 7 Restaurant/Destination _ 8 Eco-Destination h❑y 'i, (a)Dolphin Viewing - // (b)Bird Watching .{,.• y (c)Wetland/Water Amenity 9 Texas State Aquarium ■ 9 10 USS Lexington 11 Bioswale and Trail 12 Harbor Bridge 13 City Park Entry 14 Potential Tourism Destination _ 15 11 Parking Structure ME North Beach Redevelopment Initiative Alternative 1 Corpus Christi,Texas Q June 26,2017 EXHIBIT f �i i f !�� ~� rye j `, �;• ,a� it 17 r� Legend 1 Single Family getachea 41 2 Multi-Family 3 ShVe Family Attached r. 4 RetalNOffim t :: X145 HataVHPspilal'[y 6 Mixed-Else 7 Reslaurant+D?firalion Ec Oesimation (a}Oolphrn viewing (b}Bird Walchmg landlWatar Amenlly Texas USS erafe Aquarium USS 10 Lexington r 11 Canal and Trail - \ 12 Harbor Bridge _ 4 ll 13 City Park Entry ' •.. 14 Potential 7purlsm Destination 15 Parking Structure 16 Boat Dodos 17 Breakwaters i North Beach Redevelopment Initiative -Alternative 2 Corpus Christi,Texas '0.O February 8,2018 ' North Beach Redevelopment Initiative E Capital Improvement Projects (CIP) Propsed CIP List (1) Surfside Blvd.Overlay(completed) '• . (2) Timon Blvd.Overlay(completed) leted) � (3) North Beach access improvements (4) Beach Ave.Improvements rk r (5) Traffic Circle 26 (6) Land Aquisition (7) Wetlands Identification (8) Gulfspray Ave.Pedestrian and Bike ,K 21 Improvements 3 19 (9) Seagull Blvd.Extension 20 ,` (10)Timon Blvd.Realignment (1 1)Connect Walnut St.and Paul PI. }/ 3 18 (12)Connect Elm St.to Surfside Blvd. ". (13)Connect Coastal Ave. 23 (14)Storm Water Management (15)Pedestrian and Bike Trail (16)Pedestrian Improvements (17)Close Portion of Reef Ave. f ' (18)Close Portion of Seagull Blvd. '"�, ' 8 (19)Close Portion ofTimon Blvd. t { N ! (20)Close Portion of Gulfbreeze Blvd. (21)Close Sandbar Ave. (�23 (22)Bring Seagull Blvd.to collector Pnr✓ 15 standards (23)Bring streets up to adopted street22 +� standards f A 29 31 i (24)Remove W.Surfside Blvd. fS (25)Remove current Seagull Blvd. (26)Eco-Destination 2 (27)Dolphin Park I 28 (28)Surfside Park " 4 (29)Kiwanis Park (30)Potential Cruise Ship Tourism s Infrastructure e q 7 1 y (31)Canal/Cove/Jetties- Private/Public Opportunity (32)Breakwater Islands 11 6 q 3151 Private/Public Opportunity (33)TxDOT street projects 33 / .123 113) 1 r 10 3� yi/�, ♦ r . ipj si ii 30 ► LEGEND Road Closures Street Realignment 1 1 1 1 Bike/Pedestrian Projects New Road Construction Projects ................. New Open Space r a. February 12,2018 DRAFT EXHIBIT North Beach Redevelopment Initiative Proposed Capital Improvement Projects List 1 Surfside Blvd.Overlay from Coastal Ave.to Reef Ave.(5,400 If)(completed) 2 Timon Blvd.Overlay from Coastal Ave.to Beach Ave,and from Sandbar Ave.to East Causeway Blvd.(6,350 If)(completed) North Beach access improvements from E.Causeway to Surfside Blvd.:explore curved loop road(1,000 If)or free right turn options(400 If),requires a detailed 3 engineering,cost-comparison,and design process 4 Beach Ave roadway/pedestrian improvements and area beautification from East Causeway to Beach Parking.Dead end at Beach Parking(1,350 If) 5 Construction of Traffic Circle at the intersection of Beach Ave.with Surfside Blvd.and Timon Blvd.including gateway feature with wayfinding(500 If) 6 Land acquisition for roads under current Harbor Bridge from Burleson St.to Breakwater Ave. 7 U.S.Army Corps of Engineers Wetlands Identification for City owned land,right of way,and easements on North Beach 8 Gulfspray Pedestrian and Bicycle infrastructure Improvements from E.Causeway Blvd.to Beach Access.(1,400 If) 9 Extend Seagull Blvd.from Plum St.to Burleson St.(1,100 If) 10 Realign Timon Blvd.from Bushick PI.to Breakwater Ave.(3,000 If) 11 Connect Walnut St.and Paul PI.from E.Causeway Blvd.to New Timon Blvd.alignment(800 If) 12 Connect Elm St.from the New Timon Blvd.alignment(current W.Surfside Blvd.)to Surfside Blvd.(230 If) 13 Connect Coastal Ave.from Seagull Blvd.to Surfside Blvd.(390 If) 14 Storm Water Management in median between Surfside Blvd.and Timon Blvd.running north/south from Coastal Ave.to Beach Ave.(18.5 acres) 15 Pedestrian and bicycle trail along Surfside Blvd.and Timon Blvd.median running north/south from Coastal Ave.to Beach Ave.(10,200 If) 16 Pedestrian improvements from East Causeway Blvd.at Timon Blvd.under Causeway to West Causeway Blvd.and Beach Ave.(2,800 If) 17 Close Reef Ave.from Seagull Blvd.to Timon Blvd.(200 If)(in conjunction with new development) 18 Close Seagull Blvd.north of Beach Ave.(350 If)(in conjunction with new development) 19 Close portion of Timon Blvd.north of Beach Ave.(2,000 If)(in conjunction with Eco Park development) 20 Close Gulfbree-Blvd.north of Gulden St.(400 If)(in conjunction with Dolphin Park development) 21 Close Sandbar Ave.(700 If)(in conjunction with Eco Park development) 22 Bring Seagull Blvd.to collector standards from Breakwater Ave.to Gulfspray Blvd.(4,700 If) 23 Bring streets up to adopted City standards with ADA sidewalks and drainage(in conjunction with new development) 24 Remove West Surfside Blvd.from Burleson St.to Elm St.(1,600 If) 25 Remove Seagull Blvd.from Burleson St.to Elm St.(1,500 If) 26 Public-Private Partnership Opportunity-Eco-Destination to integrate more open space and serve as wetland mitigation opportunity(35 acres) 27 Dolphin Park Improvements 28 Surfside Park Improvements 29 Kiwanis Park and Community Center Improvements 30 Public-Private Partnership Opportunity-Potential Cruise Ship Tourism Infrastructure 31 Canal,Cove,and Jetties-Private/Public Opportunity 32 Breakwater Islands-Private/Public Opportunity 33 TxDOT projects associated with Harbor Bridge Relocation:street projects under the current bridge-projects TBD *All measurements are approximate February 12,2018 DRAFT North Beach Redevelopment Initiative City Council Presentation March 20, 2018 Regional/Urban Design Assistance Team Program (R/UDAT) 2014 `y ------------ Alternative 1 - North Legend \ 1 Single Family Detached 2 Multi-Family 's / 3 Single Family Attached A 4 Retail/Office 5 Hotel/Hospitality / \ 6 Mixed-Use \ 7 Restaurant/Destination / ! 8 Eco-Destination (a)Dolphin Viewing (b)Bird Watching (c)Wetland/Water Amenity 9 Texas State Aquarium / 10 USS Lexington i s "��✓�" i 11 Bioswale and Trail - 12 Harbor Bridge 3 13 City Park Entry 14 Potential Tourism Destination ,� �� 3 Alternative 1 - Center 1Y- r i C Legend 1 Single Family Detached 2 Multi-Family -+ 3 Single Family Attached _ 4 Retail/Office .11 � 5 HotellHospitality f 6 Mixed Use rs. ,. ,� /� 7 Restaurant/Destination 121 r/ 8 Eco-Destination ��< 3 (a)Dolphin Viewing (b)Bird Watching (c)Wetland/Water Amenity . y'. t3O 9 Texas State Aquarium 10 USS Lexington 11 Bioswale and Trail 12 Harbor Bridge 13 City Park Entry 14 Potential Tourism Destination 7 -1 fill 15 Parkina Structure 4 Alternative 1 - South 1Y- '15 16 a. 15 15 i' Legend 1 Single Family Detached v19 2 Multi-Family 3 Single Family Attached 4 Retail/Office 5 Hotel/Hospitality 8 Mixed-Use 2 ��� T> 7 Restaurant/Destination 8 Eco-Destination (a)Dolphin Viewing (b)Bird Watching (c)Wetland/Water Amenity Q 9 Texas State Aquarium i ©� 10 USS Lexington 7 m 11 Bioswale and Trail 12 Harbor Bridge ,- 13 City Park Entry f e 1 14 Potential Tourism Destination 15 Parkina 5 Alternative 2 - North Legend 1 Single Family Detached 2 Multi-Family j 3 Single Family Attached 4ReWIUCtfice 5 HWIJHaspitallty 's / fi Mixed-lJse 7 Rostau a ttCest ton 8 Eco-Destination } A (a)Dolph. Ye g (b)r3 rd Watching �. (c(WetlondlWater Amenity 9 Teras State Aquarium 1a DSS d tail 11 Canall and Trail -- 12 Harbor Bridge 13 ,8 13 Clty at Entry 14 Potential Tourism Destinatio 1 15 Parking Stmuturo 16 Boat Docks 17 Breakwaters 7 ® f 6 Alternative 2 - Center Legend 1 Single Family Detached 2 Muid-Family 3 Single Family Attached RatallIHff 5 pik - 5 HctellHaspitality 6 Mized-Use 7 Restau rantlDestination S F—D-11i r 7 t b)Bird — la)Bind n Viewing ( Welching (c)Wed andMater Amenity 9 Texas State Aquarium V, 19 USS 11 Canal and Trail 12 Harbor Bndge 13 City Park Entry ' 14 Poten5a1 Tourism Desfinatior 15 Parking Structure 12 16 Boat Docks 17 Breakwaters 16 6ry�sryry 2 0 VH JJ 7 Alternative 2 - South aq z /1 � D Legend O Z 15 gl F 'ly Detechetl 2 M It F 'ly 3 Sii F ly Attachetl to J A R e f �5\ 5 H t IM/H,,pitaliry 12Y )A� ley// 6 MketlUse f \v/ R t tID t anon (a)D Iphi—l-, �tl> 9 T 5 A9 arlumenit j 0 USS 12 / o 6 tl9r m sli— iJ PtyP kE Vy /�/ 15 Parking Strp'cture oe /// 16 Boat Docke 11 Breakw Iks 8 Alternative 2 - SketchUp Model }Y 9 Alternative 2 - SketchUp Model so Capital Improvement Projects - North Propsed CUP List (1)Surfside Blvd Overlay(completed) (2)T'mon Blvd Over lay(completed) ' (31 North Beach access improvements • ('��'yrl is,no Beach Ave*Improvements (,a c ireffiCrcle q� (o)Land Aqu stt— +'I� (7)Wetlands Wen ca on Gulfspray Ave Pedestrian and Bike Improvements �"' / 2() (9)Seagull Blvd Extension n.)-,mon Blvd Realignment (11)Connectm S-loor St and Paul PI. onnect 7. (12)CElm to Surfside Blvd. (13)Connect Coastal Ave. 3 ?� (14)Storm Water Management 9 n 5)Petlest+2n add Bke Toil 2� y (16)P ian Improvements (17)Close Port o n of Reef Ave. �yI 17 27 n Close Porton of Seagu l l Blvd. (19)Close Porton ofT'mon Blvd. 4 5 (20)Close Porton of Gulfbreeze Blvd. 23 (21)Close Sandbar Ave. (22)Bring Seagull Blvd.to collector stand r& 1 LEGEND (23)Br ng streets up to adopted street . 2 standards xf (24)Remove W suns de Blvd. Road Closures (25)Remove current Seagull Blvd. (26)eco-Destinaxion % 8 ti Street Realignment (2])Dolphin Park I. (2a)Surfside Park -,'23' Bike/Pedestrian Projects (29)Ki—is Park (30)Potential Cruse Ship Total— Infrastructure / (h New Road Construction Projects (31)Cana I/Cove/Jetties- p ................. Pr vate/Public ommrmnity / New Open Space (32)Breakwater Islands Private/Public Opportunity 22 29 31 (33J.DOTstreet Pro)ects _S -'.•� 32 11 Capital Improvement Projects - Center Propsed ClPLrt A (1)Surfs de Blvd Overlay(compl d) a � 'IJ�!'"I � •S (2)Tm Blvd Cveday(c Pl t d) _* L /f! Cl)Nar[h Beach access'mprovements (4)Beach Ave hrlpmvements (5J Traffic Olde (e)w d Aqa t /1 8 4 (1)Wetlands ld [fi tones., / (8)C"lAve.Pedestran and Bike f Improvem is 4/ (9J seagull Blvd.It—r— �- r 23 (10)Ti...Blvd Real'gnm ut Sa p (11)Connect Walnt and Paul PI. (12)Connect Elm St to Surfs de Blvd. (13)Connect Coastal Ave n4)stormwatermanagement '�zr fs? 15 „ / - (15jPedestranandBkeTal (15)"""nian Improvements , (17)Close Portion of Reef Ave (18)ClosePortlan of Seagull Blvd. n9ulasePanlanarrmanelM. 22 29 31 (20)Close Panion of Gulfbreeze Blvd. 32 (21)Close Sandbar A- (22)Mine Seagull Blvd to collector dards (23)Bring rtreets up to adopted street 2 j:• - standards � ,.4 LEGEND (24)Remove W.Surfside BIM. (21)Remove current seagull Blvd. ,, 28 Road Closures (26)Eco-Destination r (2])Dolphin Park 'eO Street Realignment (28)Surfside Park RP,_ q ( )Kiwan s Park (at30)Patential Cru se Ship Toursm - �7 )ects Bike/Pedestrian Pro Infrastructure 1 (31)Canal/Cove/Jetties ) New Road Co ostruetion Projects Private/Public Opportunity (32)Breakwater lslands _ Prvate/Pubt OpRonNew Open Space un[y v)' " ,25 (33)TZDOTstreet projects 12 Capital Improvement Projects - South Propsed CIP List t (1)Surfsde Blvd Overlay(completed) tY,BwM3. (2)Tmon Blvd Overlay(completed) (3) North Beach access improvements y A* (4) Beach Ave.Improvements f 25 (5)Traffic circle (6) Land Aq'iu,m �� 1 (2)W d Idemficaton (8)G if Ifspray Ave.Pedestrian and Bike 9 Y/ mprovemen 33 y (9)Seagull Blvd Extension (10)Toon Blvd.Realgnment 24 b (11)Connect Walnut St.and Paul PI. (1 2)Connect Elm St.to Surfside Blvd. p3)Conn ect Coastal Ave. (14)Smnm Water Management 12 �Q (15)Pede5trianand Bike Trail (16)Pedestrian Improvements (n)Close Portion of Reef Ave. 13 1 LEGEND (18)Close Portion of Seagull Blvd- (19)Close Portion ofTlmon Blvd. Road Closures (20)Close Portion of Gulfbreeze Blvd. (21)Close sandbar ave. , Street Realignment (22)Bri ng Seagull Blvd.to collector 7 standardsBike/Pedestrian Projects (23)Bring streets upto adopted street , „y 32 standards ,¢. '-yya New Road Construction Projects (2a)Remove W.Surfsde Blvd. (25)Remove current Seagull Blvd. ”"""""""' (26)Eco D—magi— / Q i:j New Open Space (2])Dolphin Park (28)Surfside Park 'p (29)Kiwanis Park (30)Potential Cruise Ship Tourism Infrastructure (31)Canal/Cove/Jetties- - y Private/Public Opportunity rdi yl (32)Breakwater Islands- Private/Public Opportunity (33)T.DOT street projects 13 Open House February 15, 2018 • $800,000 in proposed Bond 2018 for improvements to Beach Ave. • $2 million in proposed Bond 2018 for North Beach Access Improvements : Long-Term Projects Ranked Highest Projects Ranked Highest OPEN HOUSE (2/15/18 votes) (2/15/2018 votes) NORTH REACH REDEVELOPMENT INITIATIVE Storm Water Management Gulfspray Ave. Pedestrian& in Timon/Surfside Median Bike Path (59) (36) Beach Ave. Pedestrian&Bike Potential Cruise Ship THUISDAY -A.D. Path (51) Tourism Infrastructure(35) 221 S.HOTEL PLACE Sweeping Curve Entrance Pedestrian&Bike Trail along north of Beach Ave. (40) Timon &Surfside(28) Pedestrian Improvements Beach Ave. Lighting(38) along W. Causeway(27) 14 SC o� Va. v AGENDA MEMORANDUM ,NOORPOBPIPublic Hearing and First Reading for the City Council Meeting of March 20, 2018 1852 Second Reading for the City Council Meeting of March 27, 2018 DATE: February 27, 2017 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Public Hearing - Downtown Area Development Plan CAPTION: Ordinance adopting Downtown Area Development Plan; rescinding Central Business Development Plan; and amending comprehensive plan PURPOSE: The current Area Development Plan for Downtown, the Central Business Development Plan, was adopted on May 21, 2013 as an element of the City's Comprehensive Plan. Due to growth in Corpus Christi, and the new Harbor Bridge Project, many opportunities are being presented in the Downtown Area. To ensure that the Downtown Area of Corpus Christi develops in a way that promotes economic growth, a high quality of life, safety, creativity, and connectivity, the Downtown Area Development Plan (DADP) has been d rafted. BACKGROUND AND FINDINGS: Staff presented the Draft Downtown Area Development Plan during the Council meeting of September 26, 2017. During this meeting, Council held a public hearing, provided comments on the document, and voted to table the item so the North Beach Redevelopment Initiative could be included. City Staff has been working with the consultant firm Goody Clancy & Associates to draft the Downtown Area Development Plan, which includes: vision themes, priority policy initiatives and implementation plans, infrastructure initiatives, district framework, framework for development guideline's within TIRZ #3, and transportation initiatives. The Downtown Area Development Plan is a result of an eight-month process of comprehensive and intensive public outreach. An Advisory Committee was established at the onset of the planning process to guide the City and consultants towards the recommendations in the DADP. A series of open public meetings were held November 18-20, 2014, February 24, 2015, and May 21, 2015. Following a series of stakeholder meetings, public meetings, technical analysis and recommendations, the initiative culminated in a draft plan document dated November 2015. Work on the DADP was suspended at that time to allow focus on completing and adopting the Corpus Christi Comprehensive Plan (Plan CC). With the adoption of Plan CC in the fall of 2016, the DADP has been updated to reflect current conditions and input received during a series of stakeholder meetings held on March 1St 2017 and a July 24t", 2017 Open House at City Hall. The Major goals and policies of the Downtown Area Development Plan address the following: Five Vision Themes • Encouraging market-driven development • Creating more housing choices • Completing a waterfront park and trail network • Reconnecting neighborhoods • Celebrating a unique place to live, work, and play Three Priority Policy Initiatives Categories ries • Real estate reinvestment • Infrastructure • Great places for people Infrastructure Initiatives • Parks and paths • Parking • Streetscape • Roadway changes and/or other major street improvements • Utility/ infrastructure • Transit District Framework for Downtown Area neig_hborhoods • Marina Arts District • Bayshore Neighborhood • Uptown and surrounding neighborhoods • Washington-Coles • Hillcrest • SEA District • North Beach Development Guidelines for TIRZ #3 • Primary Walking Street • Flexible Access Street • Gateway Corridor or Boulevard The following updates were made to the Downtown Area Development Plan (Exhibit A) after the September 26, 2017 Council Meeting and presented during a briefing to Council on November 14, 2017- 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." ALTERNATIVES: Denial of the proposed Downtown Area Development Plan with suggestions to the Planning & ESI Department OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed Downtown Area Development Plan conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non- Emergency DEPARTMENTALCLEARANCES: All City Departments; Planning Commission — recommended approval August 23, 2017. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s)- Comments: Not Applicable RECOMMENDATION: Staff and Planning Commission recommend approval of the adoption of the Downtown Area Development Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Exhibit A: Downtown Area Development Plan Draft Exhibit B: Appendix A, Real Estate Market Analysis for housing, office, hotel, and retail Presentation Survey Results Ordinance adopting Downtown Area Development Plan; rescinding Central Business Development Plan; and amending comprehensive plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the Downtown Area Development Plan. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 23, 2017, during a meeting of the Planning Commission, on Tuesday, September 26, 2017, during a meeting of the City Council, and on Tuesday, March 20, 2018, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, City Staff invited the public to workshops and public meetings that were held on November 18-20, 2014, February 24, 2015, and May 21, 2015 to give input to help develop a Downtown Area Development Plan for Corpus Christi, and to receive public feedback, City Staff held an Open House regarding the Downtown Area Development Plan on July 24, 2017. WHEREAS, a Community Advisory Committee provided guidance and assistance throughout the process and staff coordinated with various community agencies. WHEREAS, the city shall use the Downtown Area Development Plan as a guideline to facilitate other plans that the city considers necessary for systematic growth and development. WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Central Business Development Plan, previously named the Corpus Christi South Central Area Development Plan, adopted by City Council ordinance #025658 on February 17, 2004 and amended by City Council ordinance #029842 on May 28, 2013 is hereby rescinded. SECTION 2. That the Downtown Area Development Plan amended to remove "R5 Road diet-6 to 4 lanes-Shoreline Blvd Phase II roadway improvements (Cooper's Alley to 1-37-3,250 If); convert 2 lanes to parking and/or public space" Infrastructure initiative from pages 48 and 49, including: vision themes, priority policy initiatives and implementation plans, infrastructure initiatives, district framework, framework for development guideline's within TIRZ #3, transportation initiatives, and all other components of the Downtown Area Development Plan, are adopted by this ordinance to read shown as exhibits attached and incorporated by reference: A. Downtown Area Development Plan as amended, B. Appendix A, Real estate market analysis documents for housing, office, hotel, and retail. SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DRAFT do n owr area, o0pMont � an CORPUS CHRISTI � ®y\y . » » 4 \ . r 41) . ! . , ` > OCTOBER ■ \ / DRAFT Acknowledgements ADVISORY COMMITTEE MEMBERS Ms.Maureen Brooks Ms.Darlene Gregory Ms.Jaime Nodarse Treasurer President Assistant Vice President of Development Hillcrest-AL.Leathers-Solomon Coles Neighborhood Uptown Neighborhood Initiative Texas A&M University-Corpus Christi Council,Nueces County Community Action Agency Mr.Gabriel Guerra Dr.Gilda Ramirez Mr.Jim Charnquist President-CC Market Westside Business Association, President Kleberg Bank,Type A Board United Corpus Christi Chamber of Commerce Sage Properties Corporation, Mr.Casey Lain Ms.Carrie Robertson Meyer Bay Vista Developer House of Rock, President Mr.Brian Connor Downtown Management District Board North Beach Community Association President of Memorial and Shoreline Hospitals Mr.Brett Loeffler Mr.GordonRobinson CHRISTUS Spohn General Manager Director ofPlanning Mr.PeterDavidson LAZ Parking Central Texas CC Regional Transit Authority Marina Superintendent/Director City Marina Ms Omar Lopez Ma Terry Sweeney Corporate Communications Manager Executive Director Mr.Bill Durrill Texas AEP, CC Downtown Management District Durrill Properties,SEA District Dia de los Muertos,Homeless Advocate Mr.Victor Voureos Ms.Brigida Gonzalez Mr.Rueben C.Medina Advance Project Development Engineer Assistant Transportation Planning Director Director of Business Development Texas Department of Transportation CC Metropolitan Planning Organization Port of Corpus Christi Authority Mr.Henry Williams Mr.Rocco Montesano President Executive Director Hillcrest Residents Association U.S.S.Lexington Museum on the Bay EXHIBIT A DRAFT [ ORDINANCE ADOPTING PLAN ] EXHIBIT A DRAFT CONTENTS 1. Introduction:A new era of opportunity.................................................................l in Corpus Christi Shaping the Downtown Area's future:A unique moment..........................................................2 The DADP aligns closely with Corpus Christi's citywide plan...................................................7 .y+ Downtown vision themes.......................................................................................................................8 A community-driven process.............................................................................................................10 Taking initiative to seize the opportunity......................................................................................12 hWorking together....................................................................................................................................12 2. Priority Policy Initiatives and Implementation:.....................................17 How to build the Downtown Area vision .R.- Vision themes and policy initiatives................................................................................................19 Frameworkdiagrams............................................................................................................................40 *i Infrastructure initiatives.....................................................................................................................48 r. y H I PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT 3. District Framework and Reinvestment Priorities:.............................51 Targeted priorities for a vibrant and connected Corpus Christi MarinaArts District..............................................................................................................................54 - Bayshore Neighborhood.......................................................................................................................62 I Uptown and Surrounding Neighborhoods.....................................................................................66 Washington-Coles..................................................................................................................................70 Hillcrest.....................................................................................................................................................74 t SEA District..............................................................................................................................................78 NorthBeach..............................................................................................................................................84 '1 4. Development Guidelines for TIRZ#3......................................................................89 Guidelines by street corridor..............................................................................................................92 a General guidelines..................................................................................................................................95 5. Transportation....................................................................................................................................97 Harbor Bridge opportunities..............................................................................................................98 Downtown area access improvements.........................................................................................100 A *: Transit alternatives............................................................................................................................102 q • Parking management..........................................................................................................................104 g a O Abbreviations used in this document.................................................................106 a � i Appendix 4 A. Real estate market analysis documents for housing,office,hotel and retail [available separately] EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 iii r� sf 7� �....Ir "-��° e• �..�- �� r �lE.~ � Y _ ..-.fir^ '�-�• .r Ll s _ r T A Corpus Christi Marina DRAFT Introduction A new era of opportunity in Corpus Christi he Downtown Area Development Plan(DADP)is an action-oriented,market-driven strategy to generate economic growth and quality of life in Corpus Christi over the next 20 years.The DADP builds on past planning efforts and current investment in the city,and is part of the Plan CC Comprehensive Plan initiative.At its heart,the DADP aims to establish Corpus Christi as a premier 21st Century waterfront city in Texas,with safe,vibrant,walkable,and connected districts in which to live,work, learn,and play. EXHIBIT A PLAN CC OWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 1 DRAFT INTRODUCTION I A new era of opportunity for Corpus Christi SHAPING THE DOWNTOWN AREA'S , FUTURE:A UNIQUE MOMENT This is an exciting time for Corpus Christi.At +� • �F 'i a moment when people of all ages across the 1 country are seeking out great urban places to !ky- live,work,learn,and play,the Downtown Area isgoo primed to capitalize on its unique strengths—its ' spectacular and '�" •^ ,l-_ } The Downtown accessible wa- .. terfront,unique Plan emphasizes destination attrac- f•_ --�= "how"to get tions,people and _ 7 things get done, neighborhoods, +� as much as and proximity to "what"gets done. jobs and transpor- tation options. � The Downtown Area addressed by this plan is large and encompasses several related areas: --- • The Traditional Downtown core—now brand- R ed the Marina Arts District—and Uptown • The SEA(Sports,Entertainment,Arts)District Arts and cultural attractions Infrastructure and development initiatives that • Washington-Coles and Hillcrest neighbor- Major destination attractions,including the are already completed or in the works open a hoods(note that Hillcrest is in Corpus Chris- USS Lexington,Texas State Aquarium,Art Mu- wealth of possibilities for further investment ti's Westside Planning Area) seum of South Texas,Corpus Christi Museum that will improve Corpus Christi's near-and • North Beach of Science&History and several others long-term future.The planned Harbor Bridge Tod •each area has its strengths and weak-ssMajor convention and meeting facilities at relocation creates a once-in-a-lifetime opportu- neesAmerican Bank Center nity for the City to work closely with the Texas di s But taken together the Downtown Area's Minor League baseball at Whataburger Field Department of Transportation(TxDOT),commu- stricicts include many ofthe ingredients that nity leaders,and private developers to transform provide the foundation for successful and vibrant Because of its large size,the overall Downtown the SEA District,Washington-Coles,Uptown, downtowns: Area will continue to develop as a number of Downtown and North Beach into more walkable be • attractive waterfront settingthat combines distinct areas with their own unique identities, and connected places.Streetscape improvements beaches,parks and marinas offering complementary attractions and expe- have made Downtown segments of Chaparral • An active,walkable district centered along riences.Over the longer term,these areas will Street and Shoreline Boulevard delightful places Chaparral Street become more strongly connected,while retain- to walk.As such,they also invite people to live • Restaurants and entertainment venues ing unique identity and character. and work,to enjoy entertainment and tourism, 2 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT INTRODUCTION I A new era ofopportunityfor Corpus Christi and explore accessible,welcoming waterfront major driver of downtown development nation- DOWNTOWN AREA DEVELOPMENT OFFERS activities that all support each other.The Down- ally)is beginning to take root downtown,there CITY-WIDE BENEFITS town Area has always been and remains a key is significant work to do to tap the full potential Downtown Area destinations matter signifi- driver of Corpus Christi's identity.It has the that downtown offers as a housing location.This cantly to the local and regional economies—par- greatest opportunity in a generation to become a plan,therefore,focuses on the actions that can ticularly visitor attractions located within the much deeper source of community life and pride. most effectively diminish the challenges posed SEA District and North Beach.In 2014,approx- by the Downtown Area and open up invest- imately 2,750,000 people flocked to the Texas CHALLENGES TO OVERCOME ment—particularly private investment—that is State Aquarium,USS Lexington,Convention The Downtown Area has notable strengths but naturally attracted by the downtown's assets. Center,Art Museum,Museum of Science and it continues to struggle to attract development Downtowns are inherently complex places, History,Whataburger Field,and Hurricane Alley, and businesses due to low foot traffic,a phys- and a plan helps organize the actions of many an increase of 47%in just three years.These ical environment designed more for cars than people around common purposes to draw great attractions,together with the Downtown Area's people,rent levels too low to justify redevel- value from a downtown's intensity of activity. nearly 40%share of Corpus Christi hotel rooms, opment costs,unpredictable status of various Downtown Corpus Christi already has many anchor citywide visitor destination spending infrastructure and development projects,some stakeholders who are taking important actions that exceeded$1.2 billion and provided an challenging adjacencies to industrial activity, toward well-conceived goals,but who also could overall economic impact of over$1.5 billion for perceived lack of safety or cleanliness in places, achieve more,sooner,through increased coordi- each fiscal year 2012 and 2013.This infusion of and a traditional office-dominated identity that nation of these actions.Thus the Downtown Area outside spending continues to grow.The tour- does not reflect the much more diverse activity Development Plan emphasizes"how"to get things ism industry supported almost 29,000 local jobs and market opportunities available today.While done,as much as"what"gets done. either directly or indirectly in 2013.' there are signs that residential development(a 1 Source:Email correspondence with Corpus Christi Convention and Visitors Bureau,March 12,2015 .r QR .*. — c 04oWQ 41 - ,Marina Arts /-3) '0 — .. — - d - P D .,, z a IL_ _ The planned replacement of the existing Harbor Bridge with a New Harbor Bridge creates opportunities for significant change,including new connections and development opportunities amidst several Downtown Area districts(panoramic view looking north from the Frost Bank Tower). EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 3 DRAFT INTRODUCTION I A new era of opportunity for Corpus Christi The Downtown Area offers broader quality of life A MARKET-DRIVEN PLAN: SETTING THE growth in downtown housing has been a key benefits to Corpus Christi as well.Besides the STAGE FOR PRIVATE SECTOR INVESTMENT driver of downtown revitalization efforts across signature visitor destinations highlighted above, A key foundation of the DADP planning process the country,and the potential for Corpus Chris- the area's beaches,parks,marina,restaurants,art has been an assessment ofthe downtown's mar- ti to benefit from this trend is very strong.The centers,churches and other amenities enrich life ket potential to attract new private sector invest- Downtown Area already attracts existing Corpus for residents on a daily basis.As the Downtown ment. These analyses have identified significant Christi residents as well as people living outside Area gains a stronger dimension as a neighbor- opportunities for downtown growth and devel- the city(and region)who are looking to relocate hood—while continuing to be a hub of business opment,provided that some key barriers can be to a downtown setting with high quality of life and tourism—the added residential character eliminated.The DAPD outlines the opportunities and walkable destinations.This interest comes will raise the value of the Downtown Area not and presents strategies to remove the barriers to from a wide spectrum of household income lev- just as a place to live,but also to work,learn and capturing this growth. els.Yet today there are relatively few good quality play.Downtown can offer housing options and a options for living in the Downtown Area,wheth- type of neighborhood environment not currently Analyses of Downtown Area's residential,office, er at market-rate or more affordable rent levels. available in other Corpus Christi neighborhoods, hotel,and retail real estate market potential— helping the city attract and retain a more diverse conducted as part of citywide market analysis for There is market potential in the Downtown workforce with a broad range of skills.This will Plan CC—shape the DADP's plan of action.New Area for 1,850 market-rate apartment and further enhance quality of life and economic housing offers by far the strongest invest- townhouse housingunits over the next opportunity for the whole city. ment opportunity.This is significant because five to seven years—primarily multi-family r r New grocery on Chaparral Street Shoreline promenade Farmer's market at the Art Center of Corpus Christi 4 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT INTRODUCTION A new era ofopportunityfor Corpus Christi units focused in the Marina Arts,Bayshore Neighborhood and SEA District with poten- tial for additional mixed-income housing in k Washington-Coles,Uptown and North Beach. sy 'Y This market demand responds to the Down- town Area's unique appeal as a center of walkability,amenities and character unequaled in the region. > For those 1,850 units,market potential by unit type translates to approximately 1,000 ' rental lofts or apartments,500 for-sale lofts or apartments,and 400 for-sale townhous- es.These unit types are especially suited to reinforcing a walkable,active character in the Downtown Area;no other part ofthe city would attract such a strong concentration of multi-family and attached units. > Additional demand for single-family de- Theact of$ m esde la Flor attracted 55,000 people to the SEA District,with an estimated economic impact $15 million. tached ownership units may also be present, approximately 20%of households interested the rest.Total Downtown Area population pated,and could be accommodated by existing in living in the Downtown Area would prefer growth over 15-20 years could exceed 8,000 vacant space.Downtown's emergence as a live- a single-family unit.Single-family units people,assuming each household contains ly residential neighborhood will,however,help do not offer sufficient economic value or an average of approximately 1.5 people. stimulate Downtown Area business growth by benefits to walkability to be appropriate in > This market potential does not always creating a more active,appealing and ameni- much ofthe Downtown Area.However,those equate to immediate development feasibili- ty-rich setting for business,and attracting and portions ofthe area where single-family ty.As in many downtowns,public incentive retaining valuable workforce. detached dwellings are traditionally present policies will be needed to catalyze new real The hotel economy in Corpus Christi is would be appropriate places to develop new estate development,providing near-term healthy,particularly in the Downtown Area single-family detached ownership housing financial assistance that unlocks strong where tourism and destination visitors are on compact parcels.These areas principally longer-term returns to the city in terms of dominant markets.The market has grown by include portions of Uptown west of Staples tax revenue,Downtown Area vitality and 2A%per year in the last 10 years.Market anal- and south of Agnes,Washington-Coles west attraction of additional private investment. ysis conducted in 2015 indicated healthy de- of Staples,and northern portions of North Downtown office growthhas more modest mand for hotel rooms in the Downtown Area. Beach. prospects,as regional office growth is project- This outlook was validated by subsequent > Younger singles and couples(millennials) ed mainly in administrative and support indus- development proposals for nearly 500 rooms make up the primary target markets to fill tries that are not typically downtown tenants. in five new hotels in the Downtown Area,split that new housing(68%),with empty nest- Up to 100,000 square feet of Downtown between the SEA District and Bayshore Neigh- ers and retirees(19%),and traditional and office demand in the next 10 years is antici- borhood.Demand for additional hotel rooms non-traditional families(13%)comprising EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 5 DRAFT INTRODUCTION A new era of opportunity for Corpus Christi such as the South Padre Island Drive(SH 358) community there,downtown offers students an and other auto-oriented locations,the Down- attractive location for studying and living,and town Area offers Corpus Christi's strongest the program operates independently ofthe main concentration of dining and nightlife des- campus.The university has explored potential ' tinations.Numerous choices for live music to place the arts program downtown in reno- and unique,locally-owned venues set the Down- vated or leased space in the past,but has not town Area apart as a destination for locals and yet acted on this goal due to cost challenges.A visitors alike.Growth opportunities include: collaborative effort between the university,city > Small(100-person)and mid-sized and/or downtown property owners to overcome (1,000-person)live music venues; these challenges is encouraged,as the program's > Nightlife with an added"twist"such as bowl- presence downtown would yield value not only ing,dueling pianos or an arcade; to for the university and its students,but also > Destination dining,especially restaurants for downtown as an additional arts partner and North Beach that are regionally-based or have just one daytime center ofactivity. Corpus Christi location;and > Mobile retail,such as food trucks Downtown investment in development,programs A growing residential population will also help and infrastructure is happening at its highest level • `"� diversify Downtown Area retail to include new in decades and sets the stage for a substantially choices appealing to residential,worker and higher level of investment capitalizing on the mar- �I1 - visitor markets alike—such as a drugstore, ket opportunities described above.Demonstrating l d limited-assortment grocer,family restaurant/ Corpus Christi's Downtown Area housing market diner,discount variety store,coffee house, potential,ongoing or recently completed down- and other specialized services.There is also town housing development has added 615 new untapped market potential for several poten- market-rate units,between the Cosmopolitan, North Beach Gateway tial destinations that could serve as valuable Atlantic Lofts,Nueces Lofts,Bay Vista,and Bay daytime anchors:an outdoor outfitter,a fami- Vista Pointe.Other initiatives in the Downtown besides these proposed projects is not antic- ly-themed amusement destination(in addition Area that reflect market interest include new boat ipated in the near term.However,additional to Hurricane Alley Waterpark),and an art slips at the marina,Bayfront Inn redevelopment hotel development proposals in the Downtown supply store(if Texas A&M-Corpus Christi's and a new hotel on Shoreline Boulevard,addition- Area should be welcomed if market demand Master of Fine Arts program locates down- al hotel development planned in the SEA district, for them can be demonstrated.A convention town;see below). the new Corpus Christi Regional Transportation hotel supporting the American Bank Center is Relocating the Master of Fine Arts program Authority transportation center in Uptown,Texas desired as a strategic resource to expand the of Texas A&M-Corpus Christi downtown State Aquarium's$60 million expansion in North visitor economy, represents another valuable development or Beach,and community enthusiasm for park im- • Downtown Area retail and entertainment tenanting opportunity.This graduate-level provements along the former Shoreline Boulevard offerings have a distinct and deepening market program would be particularly well suited right-of-way and Sherrill and McCaughan Parks. niche.While shopping in Corpus Christi is pri- to a downtown location because faculty and marily driven by areas outside the downtown, students can connect with the established arts 6 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT INTRODUCTION I A new era ofopportunityfor Corpus Christi THE DADP ALIGNS CLOSELY WITH THE OADP SUPPORTS THE VISION BY- CORPUS CHRISTI'S CITYWIDE PLAN Our broadly diversified • Supporting Downtown Area business growth with more attractive, The Downtown Area Development Plan economy provides walkable settings for tourism,dining,office-inclined industries,and (DADP)was created in parallel with the Plan opportunity for all. other business activities. CC Comprehensive Plan for all of Corpus Helping attract and retain skilled workforce by substantially expanding the number and variety of Downtown Area housing Christi,so that both plans,and the com- options-featuring qualities and amenities not available in other munity conversations that informed them, portions of the City. shared a common base of information, ideas,priorities and initiatives.The table at Modernized city services Identifying priority infrastructure investments that can be cost- right highlights key elements of the Plan and systems support effectively paced with market-driven real estate development. CC Vision in the left column,and how the growth and vitality in all parts of the city. Applying updated TIRZ incentive policy to help fund infrastructure DADP supports these in the right column. investments. • Reconnecting districts and opening up attractive development sites,by restoring the street grid after removal of the old Harbor Bridge from the SEA District and North Beach. • Getting more out of existing streets and parking through new man- agement partnerships and better public information. High-quality,safe, Leveraging market opportunity for downtown housing and connected,and diverse supportive retail,through cost-effective TIRZ#3 and other neighborhoods provide a development incentives. variety of living choices. • Applying building design guidelines to enhancing the quality of properties and public spaces,putting more doors,windows,people and plantings people on the streets. • Creating a more complete set of quality transportation choices- emphasizing walkable sidewalks,safe bike routes,convenient bus services,and improved options for driving routes and parking-to connect the Downtown Area better with other parts of Corpus Christi. Stewardship of our Improving access to,and appreciation of,the bayfront and destina- natural heritage and tion parks by filling gaps in the Downtown Area's remarkable park green-space networks and pathway network strengthens our unique character and supports Encouraging sustainable building design and preservation resilience. techniques through downtown area development incentives. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 7 DRAFT INTRODUCTION 1 A new era of opportunity for Corpus Christi DOWNTOWN VISION THEMES Five major themes,responding to priority goals voiced by community members,guide Downtown Area Development Plan initiatives: 1 Encourage market- Create more : Complete a driven development. housing choices. : waterfront park The established Tax Increment Reinvestment While much of the demand for downtown liv- and trail network. Zone(TIRZ)is a powerful and underutilized ing can be accommodated by the private de ; The Bayfront is the Downtown Area's signa- tool that can make new development possible velopment industry,assisted in some cases by ture amenity,enhancing quality of life for all by funding street and utility improvements the TIRZ,proactive effort is needed to expand city residents and attracting residents and and short-term tax rebates using the new tax options for all residents.Households of more : visitors to the region.The Marina,Sea Wall, revenue it creates.This well-conceived pro- limited means will particularly benefit from ; Shoreline Boulevard,Beachwalk,and other es gram can help a wide variety of development living amidst the Downtown Area's concentra tablished parks and pathways already provide projects take advantage of the strong market tion of jobs,services,transportation choices, an impressive level of access to the Bayfront, interest in living in and around Downtown. and established neighborhood communities. : but would join into a more memorable and convenient network,attracting more residents and visitors,with the completion of a few missing pieces.The New Harbor Bridge project and other planned improvements will make major progress toward this goal. 8 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT INTRODUCTION 1 A new era ofopportunityfor Corpus Christi —Tizu- The ideas and strategies documented here arose from a collaborative and community-driven ` I eight-month process ofstakeholder interviews, : open houses,walking tours and public work- ' . shops in which Corpus Christi citizens and . business owners played a central role.Diverse : stakeholders have come together to champion an IN inspiring revitalization ofthe Downtown Area, investing significant time and offering awealth of input and insights into the actions that will un- lock the city's great potential.See the following Reconnect '. Celebrate this unique ; pages for more on this community conversation. neighborhoods. place to live, work, Removal of the existing Harbor Bridge creates learn and play■ an unprecedented opportunity to reconnect An extensive array of visual and performing Uptown,Washington-Coles,the SEA Dis- arts already infuses much of the Downtown trict,Marina Arts District,and North Beach : Area,and will become a stronger core of with walkable streets lined with high-quali- Corpus Christi culture as more residents and ty development.Attractive landscapes and visitors come to experience them.Corpus architecture scaled to people will transform Christi's highly successful Marina and down- the experience of arrival in North Beach,the town will grow together around streets that Downtown Area Bayfront and surrounding ; are active day and night with people living, districts. visiting,learning and working. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 9 INTRODUCTION I A new era of opportunity for Corpus Christi A Community Driven Process that Builds on Planning Efforts he DADP comes out of a City-led, the foundation of understanding regarding the Bridge relocation opportunities and challenges, 8-month process of comprehensive challenges and opportunities in Corpus Christi. and met regularly with the local R/UDAT ad- and intensive public outreach.Early Relevant input from meetings conducted for visory group on an ongoing basis to integrate interviews with City leaders and key the broader Plan CC Comprehensive Plan was its goals and ideas with the DADP.A series of Downtown Area community stakeholders, studied.The downtown planning team partic- open public meetings were held in November neighborhood associations,business owners, ipated in the Regional/Urban Design Assis- 2014,February 2015,and April 2015 along with land owners,developers,and citizens provided tance Team(R/UDAT)event exploring Harbor a diversity of walking tours and open houses in which public input and discussions were KEY INPUT facilitated and recorded around key topics such CORPUS 'P t A ` Tl � as Vision and Strategies,Market and Econom- CITIZENS OF DURING - �, s �� ics,and Transportation.Information about the CHRISTI ti meetings was advertised through print and DADP'°Osocial media outlets as well as the Plan CC TheDowntown7 "` , website.A Steering Committee and Advisory Areashouldbe NOVEMBER 2014-Presentation of purpose and goals of the study with analysis Committee were formed at the outset to guide safe,vibrant,and of opportunities and challenges for the Downtown Areas as well as presentation of the City and its consultants towards the rec- connected residential market potential,followed by breakout groups and report backs on DADP ommendations in this report. Distinctive districts,themes,and priorities. portions,fthe - - - ' 16 ; . A number of ongoing or earlier plan documents D, , , ` provided a strong foundation for the Down- should have their • - bl�a < -*-+}° ,* tiM town Area Development Plan.The DADP builds own character andi _ - � on these plans while incorporating new think- identity I _ ing around specific implementation actions that will create transformative change. TheDowntownArea r should FEBRUARY 2015-Presentation of Draft Vision and Strategies,Office and Hotel HARBOR BRIDGE RELOCATION(ongoing)-The walkable' Market,Development Economics,and Transportation findings,followed by discussion Harbor Bridge relocation is a long-term inviting,and groups around the presentation topics. plan to replace the Harbor Bridge and represent the heart ofCorpus ` �� reconstruction of portions of US 181,1-37, Theand the Crosstown Expressway to address �' ' ' _ safety and structural deficiencies as well AreaDevelopmenti 4. as navigational limitations for the Port.The Planshouldfocus { redesign will change access routes to/from on enabling real, 7 North Beach,SEA District,the Northside,and visible investment. Downtown and transform downtown Corpus MAY 2015-Presentation of draft DADP recommendations derived from public dis- Christi.This project is one of the key cata- cussions and stakeholder input to receive final comments in anticipation of creating lysts that drives the need for the DADP. the final DADP for Corpus Christi City Council review and approval. 10 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 INTRODUCTION I A new era of opportunity for Corpus Christi • NORTHSIDE LIVABILITY PLAN(2014-Ongoing)-The and techniques is presented as well as perfor- City,County,and Del Mar College on the taxable Northside Livability Plan is an ongoing initia- mance measures and implementation priorities property value increment within the zone. tive being led by TxDOT and supporting Fed- for certain areas of the City.In 2016,the City CORPUS CHRISTI DOWNTOWN VISION PLAN(2008)- eral agencies HUD and DOT,to ensure that the adopted the Corpus Christi Metropolitan Planning The Downtown Vision Plan focused on housing Harbor Bridge project incorporates mitigation Organization(CCMPO)Strategic Plan for Active and retail along walkable streets along Chapar- measures for impacted neighborhoods.To-date, Mobility,Phase 1:Bicycle Mobility Plan as a com- ral,Peoples and Schatzel.Chaparral,marina,and a number of public meetings have been held for ponent of Mobility CC to provide an integral plan hotel connectivity was emphasized.The DADP community input. for the community intended to foster cycling as a promotes a similar approach to the Downtown • R/UDAT STUDY FOR THE SEA DISTRICT[2014)-The meaningful transportation alternative for riders district,with specific priority development par- Regional/Urban Design Assistance Team(R/ of diverse abilities. cels and public policy incentive approaches to UDAT)was an initiation of the American Institute CITY'S CAPITAL BOND PROGRAM(2012-2016)-The implement the recommendations. of Architects(AIA)and continues through the City's capital bond program continues to provide CORPUS CHRISTI DOWNTOWN MANAGEMENT DIS- work of the local R/UDAT Steering Committee. tangible improvements to streets and utilities TRICT fDMD)THREE-YEAR STRATEGIC PLAN(2015)- Recommendations for reconnecting district and throughout the city.With over 40 projects in de- This plan leverages new leadership and part- streets,adding new street segments,streets- sign,bidding,or construction,the Bond program nerships to expand the DMD's success in making cape improvements and walkable infill develop- is a visible,voter approved program that has Downtown a better place to visit,do business ment were promoted in the R/UDAT plan and are shown results both within the DADP focus area and live.It charts clear priorities and initiatives similarly reinforced in the DADP study. and beyond.The DADP suggests future recom- supporting cleanliness,business recruitment • UNIFIED DEVELOPMENT CODE[2011)-Approved in mendations and priorities to focus public dollars and support,development,community events, 2011,the UDC is a comprehensive planning and and aims to leverage these public investments and other elements critical to making the most zoning document with overlay districts that to catalyze private development initiatives wher- of all Downtown has to offer. replaced the City's older zoning code and other ever possible. IMPLEMENTATION PLAN FOR THE HILLCREST/WASH- standards to ensure that growth and develop- NORTH BEACH DEVELOPMENT PLAN[2011)-Major INGTON-COLES REDEVELOPMENT PLAN[2009)-This ment meets certain land use and architectural themes in the North Beach plan included a beach plan illustrates vision goals expressed by the standards in Corpus Christi.The UDC will play an walk and restoration of natural areas,including a Hillcrest community. important role in the rational implementation of native,water receiving landscape for the Surf- TRANSIT PLAN 20/20-CCRTA's Five-Year Transit development as recommended in the DADP as side/Timon Boulevard median,all themes that Plan,was completed in October 2016 for the well as Plan CC. are reflected in the DADP.A focus of the DADP is dual-purpose of evaluating current bus ser- CENTRAL BUSINESS DEVELOPMENT PLAN(2013)- to ensure integration and connectivity between vice performance and formulating bus service This work promoted a walkable,mixed-use North Beach,the SEA District,and Downtown improvements through year 2020.The plan in- range of development in the downtown,with an with the future Harbor Bridge relocation project. cludes prioritized short-term bus service recom- expanded range of accessible affordable housing TAX INCREMENT REINVESTMENT ZONE(TIRZ) mendations to increase ridership while meeting options.A recreational path and water access (2008-Ongoing)-The TIRZ district#3 specifically the needs of the Coastal Bend region. Phase 1 network was proposed,similar to updated ideas geared to Downtown was established in 2008 as recommendations,which included six new bus included in the DADP. part of a broader range of Tax Increment Financ- routes,12 modified routes,and one discontinued • MOBILITYCC(2013,updated 2016)-MobilityCC is ing Districts(TIF).The zone includes approxi- route,was implemented in January 2017. Ad- the transportation component of Corpus Christi's mately 856 acres and captures the SEA District ditionally,an in-depth analysis of CCRTA fares comprehensive plan and provides a framework and Downtown as far west as Tancahua Street under five phased scenarios was completed to for the interrelated transportation elements of and as far south as Morgan Avenue.The pri- further increase public transportation options the plan in terms of design,standards,opera- mary revenue source for the zone will be funds and sustainability. tions,and maintenance.A tool box of features contributed from property tax collections of the DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 11 CURRENT PLANNING EFFORTS by the development of the Down- TAKING INITIATIVE TO SEIZE town ADP,the City has engaged in several THE OPPORTUNITY follow-through The DOWNTOWN PARKING MANAGEMENT The Corpus Christi community has clearly defined its goals for the Downtown Area.Ten initiatives STUDYAND STRATEGIC PLAN will guide im- utilize available leadership and resources to achieve those goals: plementation strategies for the next three years[2017). The NORTH BEACH REDEVELOPMENT INITIA- REAL ESTATE REINVESTMENTTIVE engaged the North Beach community I for input outline redevelopment con- Utilize TIRZ#3 to unlock mar- Proactively encourage rodevelop- cepts.The plan details capital improvement projects and rams that will catalyze ket-driven development with © ment ofwell-located underutilized developmenteconomic � promote flexible,effective options serving properties.Make owners ofpromi- • the different incentive needs of different nent vacant properties aware of available market .••the realignment of the Harborprojects.Take advantage of the flexibility of interest,incentives and plan guidelines that all TIRZ funds by offering projects the incentives encourage reinvestment.The City and partners The TIRZ#3 INTEGRATED TRAFFIC AND that suit them best.For some projects this could like Nueces County and the Port of Corpus PLANNING sTuDy will respond to the Harbor be a tax rebate;for others this could be street and Christi can set an example by selling their Bridge replacement project creating an ur- utility improvements;and still others could use a underutilized parcels for projects that advance gent need to enhance connectivity between combination of such investments.Projects DADP goals.Focus on sites that are in marketable downtown and the new freeway and an seeking higher levels of incentive should demon- locations,encourage private investment in opportunity _ nearby TIRZ#3 districts and strate how they would be financially infeasible nearby sites by enhancing their market position, without it. and/or are large enough to support a significant borhoods.This planning effort will identify opportunities to develop linkages and con- critical mass of development. nectivity of destinations within and among the SEA District,the Marina Arts District, Target tax abatement and other and other surrounding neighborhoods and © incentives to reinforce neighbor- districts.This findings from this study will hoods with new job and mixed-in- guide public investment and incentives come housing development.Focus tax abate- the next decade(underway). ment along major corridors like Staples,Agnes, Laredo,and Leopard Streets where new busi- nesses and development will be most likely to succeed and have the most visible impact.Use Type A/B funds to support multifamily, mixed-income housing development serving Corpus Christi's workforce. 12 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT INTRODUCTION I A new era ofopportunityfor Corpus Christi INFRASTRUCTURE GREAT PLACES FOR PEOPLE 14 0 Focus infrastructure investmentsActively manage event traffic. Intensify destination arts and retail to maximize leverage of private During major events,some streets are ; programming.The Downtown Area is sector investment.Coordinate0 clogged with traffic while others are the heart of Corpus Christi's cultural improvements closely with known development underutilized.Provide audiences more and culinary scene.Raise the profile of this projects—when and where necessary.Corpus information on access route options,and add amenity with additional,and more visible, Christi has invested in high-quality street and reasons to come early and stay late,to spread out programming of arts,music,food,recreation and park infrastructure along Shoreline Boulevard traffic over more area and time,ensuring conve- other activities serving the city and its visitors. and Chaparral Street.Before undertaking other nient access for all. large infrastructure projects,focus on enabling the development that has been attracted by past Fill missing links in Corpus Chris- investments. Transform old Harbor Bridge ti's signature waterfront park and O infrastructure to connect districts 0path network.Take advantage of the and the bay with walkable develop- New Harbor Bridge project and several smaller, 0 Organize parking at district scale I ment and access.Removal of obsolete highway near-term opportunities to knit together Corpus increase convenience and efficien- infrastructure will enable new streets and Christi's Bayfront Marina,parks and paths into a cy.The Downtown Area needs enough development to connect Uptown,Washing- highly accessible system serving residents, conveniently located parking to satisfy market ton-Coles,SEA District and Marina Arts District workers and visitors. demand,but not so much that the land and in ways that create more cohesive sense of place, funding needs of parking get in the way of greater market opportunity and a more connect- high-value development.Make the most of every ed community.Install street trees,pathways and Create clean,safe,welcoming parking space through parking management that signage to create much more welcoming ap- 0 places.Maintain streets,parks and lets an office worker's daytime parking space proaches to North Beach. other public places to be consistently serve a resident,hotel guest or concertgoer in the clean and attractive.Expand partnership evening or weekend. between the City,property and business owners, residents,and district management to encourage good stewardship of downtown's public places. EXHIBIT A PLAN CC ,JWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 13 DRAFT , INTRODUCTION I A new era ofopportunityfor Corpus Christi w. WORKING TOGETHER Corpus Christi's Downtown Area is building CHAPTER 3 is devoted to a detailed look at momentum,seeing new vibrancy and activity each of the six Downtown Area districts—the emergingfrom market opportunity,existing as- Marina Arts District,Bayshore Neighbor- sets,and the dedicated efforts of awide variety of hood,Uptown&Surrounding Neighborhoods, residents,business owners,institutions,public Washing Lon- SEA District,and North officials and other stakeholders.The following Beach—as well as Hillcrest—through a series chapters of this document provide stakeholders of reinvestment priorities.(See diagram on and partners direction,tools and guidance to facing page.) work together toward shared goals.This coordi- CHAPTER 4 provides a set of development nation of effort around mutual goals will do the guidelines that will achieve high-quality, most to unlock greater levels of opportunity in people-scaled design for buildings,streets and Corpus Christi. landscapes. • CHAPTER 2 focuses on the key prioritypolicy CHAPTER 5 explores key transportation topics initiatives and implementation strategies that shape improved ways that residents and that will make the five vision themes tangible visitors can move about the city.Analysis and and visible in the Downtown Areas.The down- recommendations for IH-37,for SEA District town plan's relationship to Plan CC vision, access,for public transit,and for parking are goals and strategies is described,as well as included. its roots in thoughtful past planning. 14 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A �N DRAFT INTRODUCTION A new era of opportunity for Corpus Christi I I � i r USE LEXINGTON IE%d5 STATE Y KARIN AIIUARIII4 Y ra `';.,y. �_ A11E$ICAH BANE _- CERIER - r CENTER + t + ULU i _ ti1 t ki lRIRAZlr—,FTT- I ! � I� ( i� dP •Y `•.1 WIIA BURGER FIELD !'�,,, t I I Y /f I__�— ——..—..——J F 51YISIS5IQET 1 CITY mi I r + I I 41 G 1 • A � I I ti IY ' CA0531GYfNEIm I f f Y1PriETf774 Tu,-oII', I,I 91 l 1 + 1 + I + r + I f I �* I + EXH1B4 A PLAN CC TWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 15 R�4 J i r 3' 1 Ongoing housing and retail development together with pedestrian friendly paving,trees and signage recently installed at the corner of Chaparral and Lawrence Streets,provide strong 4 - NTJ A v;L o _ • �r- mon.cn 11: n'-�spur additional actions that will further enhance the Downtown Area. DRAFT PriorityPolicy Initiatives and Implementation How to build the Downtown Area vision owntowns,more so than other development patterns,enable many different people to engage in many different activities that support each other,creating a place that is greater than the sum of its parts.Achieving compelling results from a downtown plan requires a structure to ensure stakehold- er actions are indeed mutually supportive.Without this,efforts and resources may be dispersed in ways that lack synergy.The ten priority initiatives in this chapter provide such a structure.The initiatives emphasize themes that appeal to a broad range of stakeholders,and actions that do the most to catalyze further actions and investments that build toward big results.Maps following these initiatives indicate key places they should influence in the study area. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 17 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision I 16 I a V9T� err Y The Downtown ManagementDistrict,one of the Downtown Areas major community organizations,held this open house in November 2014 to highlight its priority goals and actionsfor the next three years.Events like this help achieve the Downtown Area vision by publicizing and coordinating opportunities for the areas many stakeholders to work together toward common goals. 18 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Area vision VISION THEMES AND POLICY INITIATIVES To achieve DADP plan goals,the City and partner stakeholders should focus on 10 main initiatives that will produce results serving the five vision themes. Yel 1#1 4'1'14-,.-q lewe 410.� 0 P, .... `P/0 INITIATIVES 0 Utilize TIRZ#3 to unlock market-driven development with flexible,effective wof V/ options serving the different incentive needs of different projects. in t;; Target tax abatement and other incentives to reinforce neighborhoods with TmT newjob and mixed-income housing development. CW © Proactively encourage redevelopment of well-located underutilized properties. 11*1 loor I/ 10 OFocus infrastructure investments to maximize leverage of private sector investment. Organize parking at district scale to increase convenience and efficiency. V V OActively manage event traffic. Transform old Harbor Bridge infrastructure to connect districts and the bay with walkable development and access. Intensify destination arts and retail programming. WJ Fill missing links in Corpus Christi's signature waterfront park and tR path network. 0 Create clean,safe,welcoming places. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 119 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision REAL ESTATE REINVESTMEM . Utilize TIRZ 3 to unlock market-driven developmentwith V I l 4 L W 7•'i W i 0 flexible, effective options serving the different incentive needs of different projects. RESPONSIBILITY KEYELEMENTS City Business Liaison,TIRZ#3 board • Complete and apply a project plan for TIRZ#3 TIRZ area as additional projects are developed. r. that requires applicants to demonstrate finan- This helps to maintain and increase value of all cial need and consistency with DADP goals, properties. Established City operations,TIRZ revenues and offers incentives in several forms that can Once an efficient,effective means of managing be tailored to specific project needs.These TIRZ#3 is in place,consider creating addi- policy updates were completed within one year. different forms should include tax rebates of tional TIRZ area in the downtown study area Implementation ongoing variable duration,and infrastructure including in places where redevelopment is especially utilities and street improvements.See also desired.As a first priority,consider extend- TIRZ#3 funding priorities under Initiative 4. ing TIRZ#3 to include the Agnes and Laredo • Assess project financial need through third Street corridors,to promote reinvestment MOMENTUM > TIRZ#3 Project Plan updated and party professional evaluators.Establish a along these important downtown gateways. means for discussing project financial need Establishing a North Beach TIRZ should also and appropriate incentive packages with appli- be considered. >Nine projects have advanced in 18 cants in confidence(using real estate finance Suspend use ofthe city's established tax abate months thanks to TIRZ#3 incentives. - professionals not on city staff or the TIRZ ment program in the TIRZ#3 area,where it board),and then providing recommendations undermines TIRZ resources.Instead,focus to the TIRZ board for review and approval. the tax abatement program in areas outside • Develop and adopt design guidelines for new TIRZ#3,where it will offer greater value(see projects in TIRZ#3.Examples of such guide- Initiative 2).Inside TIRZ#3,TIRZ-funded lines are included in Chapter 4 ofthe Down- tax rebates can offer equal or greater value to town Area Development Plan.These reason- development projects than the tax abatement able design standards provide investors a program. predictable context for project review,and help ensure continued design quality across the 20 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A TIRZ#3 Boundary DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the DowntownArea vision L AIL Ar • •�' . . pry r ,L• - - TIRZ#3 — •r .. DADPStudyArea xc • y - - sld t ••�" _ •� ,I • - - EXHIBIT A PLAN CC OCTOBER 17,2017 21 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision REAL ESTATE REINVESTMENT Target tax abatement and other incentives to reinforce neighborhoods with new fobs and mixed-income housing. RESPONSIBILITY KEY ELEMENTS City manager's office,with support from EDC and • Explicitly expand tax abatement eligibility to Consider applying the Downtown Area Devel- Type A/B board non-convention center hotels,multi-tenant of- opment Plan's Design Guidelines to anyproject fice buildings,and full tax abatement levels for receiving tax abatement incentives.As for small businesses with as few as 20 employees. the TIRZ#3 area,applying design guidelines Established City operations • Focus tax abatement and other non-TIRZ will make the project approval process more 17 MM.TM incentives(such as fee waivers,Type A/B predictable,and will encourage quality develop- Apply updated policy within one year funds,Affordable Housing Trust funds,or ment throughout the study area,help maintain sale of surplus public land at reduced cost)on and increase property value overtime. • Update and consolidate information on devel- areas outside of TIRZ#3,to avoid redundancy Utilize additional resources to help make opment incentives,to make the full range of or conflicts.(TIRZ#3 can independently fund possible the development,renovation and policies and choices clear to developers,prop- tax rebates—equivalent in effect to tax abate- preservation of affordable/workforce housing erty owners and others interested in making ment—and targeted infrastructure improve- serving a broad spectrum of incomes.Current investments.This should begin with a collab- ments to support eligible development within and potential resources include: orative effort between the City and the Corpus its boundary.) > TypeA/Bfunds.Continue to utilize Type Christi Regional Economic Development • To leverage the greater impacts possible with A/B funding to help create new multifamily Corporation to update information available revitalization projects that are concentrated housing options at below-market rates to online,and to designate a single,consistent within compact areas,prioritize provision address demand from households.As one point of contact for comprehensive informa- of tax abatement to projects in areas that are potential use,consider funding property tion.It should also extend to partnerships with highly visible,accessible,and include a num- acquisition for new housing construction,in local community organizations(such as the ber oflarge parcels with revitalization poten- coordination with Initiative 3. Uptown Neighborhood Initiative and Down- tial and multiple owners. > Corpus Christi A,ffordableHousing Trust. town Management District)and other entities • A base level of tax abatement may be offered This new lending entity would utilize Cor- who can help connect potential developers to any proposed project consistent with DADP pus Christi Finance Corporation Bonds to with these resources. goals,but higher levels of tax abatement provide low-interest financing and permit should be offered only to applicants demon- fee waivers to affordable/workforce housing strating financial need for it.Determine finan- development projects. cial need through the approach recommended >Neighborhood Empowerment Zones. for TIRZ#3. These zones may be created as priority areas to offer tax abatement,fee waivers and/or other development incentives. 22 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A Priority incentive areas outside of TIRZ#3 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build theDowntownArea L�sion ti hj*=b IEus-70 AWMI ►L10rr11eu+L r 41X . o TIRZ#3 DADPStudyArea �� .� W� Priority areas for tax abatement and other non-TIRZ .• incentives.As stated +' in Initiative#1,consider adding the Agnes and d , Laredo corridors into the TIRZ#3 area to increase their potential access to incentives. LrHI ,y •.�' c a�rd.a s � M1 r � . i C B DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision RE ESTATEEING ©� 1 VESTMEM V, �• iProactively encourage redevelopment of well-located l4 LW 'i, �. underutilized properties. RESPONSIBILITY K19YELEMENTS City Business Liaison,with support from DMD,UNI Target privately-owned property by proactive- Encourage reinvestment in privately-owned and/or other area improvement entities for outreach ly contacting property and business owners to vacant buildings or lots in prominent areas. to private property owners,and from REDC,city-af- highlight market potential,incentive policies,re- Inform owners ofreal estate market analysis filiated housing corporations or other appropriate cent and planned public infrastructure improve- findings,TIRZ#3 incentives,and the predict- entities for strategic land acquisition,holding and ments,and other DADP elements that establish able framework provided this plan and its sale. a more predictable and beneficial setting for guidelines.Encourage property sale or part- _ investment.To the extent possible,task DMD, neringto tap developer expertise with new UNI or other locally-focused agents to conduct market opportunities. Cityst ffandareaimprovns through shentenities;ng streamsforr this outreach to maximize impact. Establish Vacant Building Registry to assist acquisition oughTpeA/Bfundsities;property acquisition through Type A/B funds or other strate- • Target underutilized publicly-owned property with identifying opportunities for investment. gic economic development sources(and ultimately by offering it for sale to private developers for Where extended vacancy is anticipated,seek evolving funds through sale ofparcels). development ofs ecific projectsthat support opportunity for temporary"pop-up"Pro�am- DADP goals.Time these sales to when devel- ming of vacant lots and storefronts,by arts or opment is favorable due to market conditions, recreation organizations or other entities. Apply updated policy within 1 year. completed infrastructure improvements,or Explore opportunities to expand Heritage Park other factors. and other areas as an opportunity to improve our Convention market reach with outdoor programming space and to protect the viability MOMENTUM of existing public facilities and investments. Nueces County has attracted a Downtowndevelopment proposal for restoration and adaptive reuse of the former Nueces, County Courthouse.Bringing this prominent vacant building back to file with an appropriate use would benefit the entire of smart real estate reinvestment at an important gateway. 24 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A Potential Redevelopment DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision HarborExisting I LEGEND .` ,4 7 - ¢ i e, ..: 01 Vnwalt Png"16.am .� Mgt-V&WqmmTd an qt�arxlesprcWm�3[or y 1 b' .f AA L «N EXHIBIT A PLAN CC F AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 25 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision 0 Support new development with infrastructure investments that are timed and located together with private investment. RESPONSIBILITY KEYELEMENTS City Business Liaison,TIRZ#3 board,City Engi- • Pace City investment in streets,parks,utilities, and funding for new bridge,street,multi-use neering Department,and City Planning staff with parking and other infrastructure in parallel path and park infrastructure(associated support from area stakeholder organizations such with private development projects.See pages with the New Harbor Bridge and areas where as DMD,and community organizations;and from 48-49 for priority infrastructure invest- the existing Harbor Bridge and its approach partner agencies building and using infrastructure ments in the downtown study area.Integrate streets will be removed)to ensure these in- i nc I u d i ng the Texas De pa rtme nt of Tra nsportatio n, appropriate priorities and concepts developed vestments fully support DADP goals.See also CCRTA and Port of Corpus Christi. by stakeholders such as the Downtown Man- Initiative 7. agement District.Include North Beach water Minimize any adverse impact on area prop- TIRZ#3 funds;City and grant-sourced capital im- service upgrades where needed.Unless there erties and businesses from infrastructure provement funds;Federal and state transportation is clear immediate need or benefit for improve- constructionby: funding associated with the New Harbor Bridge, ment,begin infrastructure project investment > Designing and phasing projects to reduce port improvements and other projects;TypeA/B only when private development that will benefit time and area of impact, funds and/or Marina revenues for appropriate from the infrastructure improvement is moving > Enforcing performance criteria for contrac- waterfront projects. forward. tors(such as incentives for timely project • Top priority use of TIRZ#3 funding should be completion), for investments that directly enable develop- > Investing in"we're open for business"cam- Confirm conceptual design and funding of New ment projects,such as gap financing,utility con- paigns that highlight operations and access Harbor Bridge-related projects.Build development nections,sidewalk or street tree improvements, during construction through supplementary project-related infrastructure in parallel with de- or other general street improvements/upgrades signage or other publicity,and velopment.Complete a construction management directly related to the project.Remaining > Involving local stakeholder organizations plan with affected stakeholders at least two months TIRZ funds may then be invested in broader such as DMD,UNI,SEA District and NBCA in before starting any infrastructure project. improvements serving the district.Larger planningand applyingthese impact mitiga- scale infrastructure like street extensions and tion strategies. MOMENTUM parking structures may require funding from >Reconstruction and relocation of Shoreline other sources such as the City's biannual capital Given the large scale ofwork anticipated with Boulevard in the funding bonds paid through its general budget, construction ofthe New Harbor Bridge and •Downtown or grants such as have been used to improve removal ofthe Existing Harbor Bridge,work and creating improved waterfront park area. Downtown Area street lighting. closely with the Texas Department of Transpor >Comprehensive reconstruction of Staples - • Continue to work closely with the Texas De- tation,its contractors,and community stake Street,encouraging business and property - partment of Transportation to confirm design holders to avoid adverse impacts. investment in this important corridor Downtownlinking the 26 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision - � 9 i fir Capital investments have enhanced the Downtown Area as a place to invest and visit.Recent initiatives include Shoreline Boulevard reconstruction(left),anew playground at the Corpus Christi Museum of Science&History(center),and extension of Chaparral Street streetscape and utility improvements to Taylor Street (right).Seepages 48-49 for recommended future improvements. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 27 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision Organize parking at district scale to increase convenience and efficiency. RESPONSIBILITY KEYELEMENTS CCPD Parking Control Division,with support from Encourage sharing ofparking spaces byuses dinate pricing ofpublicly accessible on-and Parking Advisory Committee,City Business Liaison, with different demand peaks(such as daytime off-street parking,with prime on-street spaces DMD,and other appropriate stakeholders.Coordi- office worker demand and evening/weekend res- priced higher to encourage more frequent nate with street operations and capital projects. ident demand)through private agreements and/ turnover, or district parking policy.This will help mini- Rationalize public on-street parking by estab- ter mizecost and land area needed for new parking, lishing a consistent meter policy in the Marina Fund managementthroughcuructurerent through while providing new revenue to existing property Arts District,Uptown,North Beach and any revenues.Fund new parking structures through the owners.Contact current owners ofunderutilized future areas designated for metered parking. City's capital improvement program or other avail- parking to confirm potential interest in leasing The policy should determine appropriate able sources,with possible supplemental funding spaces to others.Connect development appli- meter pricing and time allowances for meters from TIRZ#3. cants to these parking owners. on each street,calibrated to characteristics of • Over the longer term,directly and/or indirectly nearby destinations.Conduct an inventory of Update Marina/Downtown/Uptown parking policy create public parking shared by multiple users supply and demand to inform policy approach. within I year.As developers apply for development to enable additional development projects.A Coordinate with planned relocation ofsome projects,discuss with them the potential for inclu- direct approachwould involve proactive acqui- on-street parking spaces as part of Chaparral sion of public parking on their sites,and connect sition ofland suitable for structured parking, Street improvements. them with owners of available parking.As part of in areas ofknown development interest.An Enhance the Parking Advisory Committee Action 3,contact owners of sites suitable for poten- indirect approach would encourage develop- with additional professional parking expertise, tial longer-term public parking structures within 2-5 ment applicants to incorporate shared parking through its membership and/or staff resources. years to determine interest. in their projects by committingto fund some Reinvest parkingproceeds into maintaining or all of a parking structure with City capital and building additional parking,maintaining funds,TIRZ revenues and/or other appropriate, or improving sidewalk facilities,and/or other available sources.See Development Guide- priority needs in the parking districts. MOMENTUM lines chapter for design guidelines explaining In North Beach,ensure adequate parking for Downtown to adoption of the Downtown Parking how structured and surface parking should be visitors to the beach and other attractions. Study Action Plan that will guide designed to enhance walkability and safety. implementation strategies for the next • Design and install clear,consistent signage for three years,including an improved parking facilities open to the public.Coorparking pricing and management - 28 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A h and-Uptown Concentrationsin Downtown �y _ ._ ' DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How lo build the`DowntownArea vision MARINA 185 , �5'+rA 124 �, _�� ___. ♦�',.-': 111 ' _ _ 1 +6e' .µ�Y ;a y� JOIN 1. ', + .. ,• 71 �. 53 - 346 '1 r 1- 1SiY �t e: fA 53 - 207 4 4 51 �. 53 - 170 i< 15 300 300 I QRRQ�ST� T �� - I Marina Arts 58 EE y - ..-,+_ #' 126 239 �n 80 .';8 ..F 164 w # + Dlstrl4t 61 • �? BRBADWAY STREET r r 305 412 � 143 - �k..�' i � � 1044 75305 . _ 300 _ $ 277 # *..F_ 69 �Y LEUEN1 ' if s - 550 JL 51 ' k 239 196 '96 r !t;- µ.y*� W-kh �'z f r:Y'.tks t .f; w ~'`I+�rtt�._0 r - h - fLZ 266 282 Th gh Rut aroa k ral 11 ` , ' y{ .4.':�' ' I, I�•. _ 266 _ - kms. _ structuredparking spaces ,, rutilized supVort netv development,and enable redevelopment ofsurface parking lots powforhigher-value uses. «N i EX -ILAN-CC +_ OCTOBER 1 HIBIT A .+ +a" � x� 4`.^' ±yr Qin M1 �.� FEL' o +t ! `-�I DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision Actively manage event traffic. RESPONSIBILITY0 KEYELEMENTS CCCVB,DMD,with support from Corpus Christi • Establish a working group responsible for > Minimize pedestrian/vehicle movement Street Operations Department,Parks&Recreation planning and implementing traffic and parking conflicts near venues by temporarily limiting Department,and Police Department,CCRTA and management in the Downtown Area.Include vehicular access within one block or other other stakeholders as appropriate. participation by Corpus Christi Convention appropriate distance from venue. _ and Visitor's Bureau,Corpus Christi Street > For events large enough to merit park-and- Shared support from SEA District,City departments, Operations Department,Corpus Christi Police ride shuttles,temporarily designate dedicat- Department,CCRTA,DMD,and other stake- ed lanes to serve shuttles to ensure efficient CCRTA and/or other involved stakeholders. holders as appropriate,under leadership ofthe movement.Offer ferry service in addition to CCCVB.Determine typical levels ofmanage- buses. Establish working group within 3 months. ment intervention needed depending on size/ > Provide additional programming,dining or attendance of events. other activities before and after major events • Consider these strategies,among others,to to spread driving trips over a longer period of improve access to and from large events in the time and reduce traffic peaks. SEA District and other portions of the Down- Help advance supportive infrastructure town Area: investments like improved walks between > Provide people driving to events directions, Shoreline Boulevard,Chaparral and Brewster via real time street signage and through Streets,Port Avenue and area parking facili- advance notice,that disperse traffic to and ties,and potential vehicular traffic connection from different events across multiple routes from Shoreline Boulevard at the Art Museum such as Port Avenue. of South Texas to Port Avenue. > Use signage and consistent pricing to direct To manage event-related traffic and parking in drivers to parking efficiently,preventing other portions of the study area,set up similar drivers from having to travel additional working groups and apply successful coordina- blocks seeking parking. tion techniques used in the SEA District. 30 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision l 1� r � J Conceptfor walking path and street alongside the Water Garden,connecting Shoreline Boulevard and Chaparral Street and creating additional arts and event programming opportunities. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 31 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision 0 Transform old Harbor Bridge infrastructure to connect districts and the bay with walkable development and access. RESPONSIBILITY KEY ELEMENTS City Planning&ESI Department,City Engineering • Study and confirm preferred street network Restore east-west street connections across Department,with support from TxDOT connections to replace the current interchange the old Harbor Bridge approach in the SEA Dis- at IH 37 and the US 181/Harbor Bridge ap- trict,and create a new grade-level street along proach at Broadway Street. the approach,utilizing new Harbor Bridge New Harbor Bridge funding for specific projects. • Rebuild IH 37 from the Crosstown Expressway project funding.Similarly,in North Beach, Supplemental city capital funding for areas beyond to Mesquite Street as a boulevard with lower extend Timon Boulevard and cross streets the scope of the Harbor Bridge project. traffic speeds,alandscaped median,sidewalks where the existing bridge will be removed.De- east of Staples Street,and opportunity for sign streets to be safe and inviting for walking. Timed with the Harbor Bridge Project. development adjacent to the right of way. Discuss new street alignment and design with > Consider restoring the original street name area property owners to ensure new streets for this corridor,Aubrey. support development opportunity. > Create street connections that maximize Ensure convenient use of multiple access development opportunity on adjacent sites, routes to the SEA District,including Port create safe walking and biking conditions, Avenue and the potential future Staples Street distribute traffic via multiple routes across a extension to Fitzgerald,as well as Broadway gridded street network,and have moderate and existing streets to the east ofthe current maintenance costs. bridge. > Consider a roundabout at the intersection of Ensure the project enhances Downtown and Aubrey and Broadway as a signature gateway Uptown connections at key intersections to Corpus Christi and the bayfront. along I-37 between Port Avenue and Shoreline > Consider one or more additional intersec- Boulevard,and via Agnes and Laredo Streets. tions between Carancahua and Waco Streets Ensure the project enhances North Beach offering improved vehicular,pedestrian and access with convenient,attractive access at bike connections between Uptown,Wash- Beach Avenue connecting to Surfside and ington-Coles,SEA District and regional Timon Boulevards. highways. Ensure that all major highway approaches > Maintain communication and keep up to have programmable signage that can be used date on the Harbor Bridge Project construc- to provide access instructions for events and tion process with Texas Department of tourist destinations. Transportation(TxDOT). 32 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A Transforming obsolete Har1 1 /_ approachDRAFT highways1 walkable PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision lRl■, xg w 511EAR9ll WRC t P. Ite1 ■ - esi M■■■■y■pa■s■■f#+_ 4 zwrs:i t �mn e11SNIrm ■■ '4 qy Drax 46 LEGEND ##�# ■ #AMP Using araritamed street gr� ♦* ##1411urT streets # ## 1-37 green 4I"mrd a y#y 4W##a#; «N EXHIBIT A PLAN CC •#�J�#ENT PLAN � OCTOBER 17,2017 � 33 +*##*#�. DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision GREA.4LAC.41ES F0,PEO66 PLE0. Intensify destination arts and retail programming. RESPONSIBILITY KEY ELEMENTS DMD and Corpus Christi Marina for Downtown/Ma- Develop and apply a coordinated approach projects in this area to include active ground rina branding and marketing;CCCVB with support to Downtown and Marina branding,building floor uses facing Shoreline Boulevard,prefera- from other stakeholders noted above for broader on branding efforts by the DMD and Corpus bly including restaurants or shopping. branding and marketing;DMD,Marina and Art Christi Marina. Create a working inventory ofavailable Center for Shoreline Boulevard programming;DMD, • Coordinate branding and marketing efforts to downtown retail space to assist marketing to Art Center and other arts organizations and stake- visitors among the DMD,Marina,SEA District, potential retail business tenants.To the extent holders for arts programming;Corpus Christi City CCCVB,American Bank Center,Texas State possible,focus retail uses within one block of Council,TAMU-CC and DMD for downtown graduate Aquarium,USS Lexington,hotels and other Chaparral Street to create synergy. arts facility. visitor industry stakeholders Create a stronger presence of the arts along or M • Add regular dining,recreation and/or other within one block of Chaparral Street.Replace destination activities along Shoreline Boule- prominent vacancies with galleries,studio DMD funding from public improvement district and vard to highlight and expand synergies be- space and/or other arts-related programming. City;contributions from stakeholder organizations; tween the Marina,Bayfront,Downtown and Install public art(preferably on a rotating potential TIRZ#3 funding;TAMU-CC. adjacent areas.Enable expansion ofthe Art basis)along improved sections of Chaparral, Center of Corpus Christi's restaurant/cafe La Retama Park and/or other key public spac- Update branding and marketing for the Downtown/ space with outdoor dining as part oftransfor- es.Engage the Art Gallery of Corpus Christi, Marina and broader Downtown Area by end of 2017. mation offormer Shoreline Boulevard right TAMU Department ofArt,Art Museum of Expand Shoreline Boulevard programming during ofway into park space.Program Shoreline South Texas,gallery owners and/or other arts summer 2018;add more permanent dining opportu- Boulevard median space near Lawrence and/ stakeholders in programming and publicity. nity by 2019.Fill at least five vacant downtown retail or Peoples Street with dining,starting with Relocate graduate programs in the Department spaces byendof2019.0pendowntown TAMU-CC mobile vendors and exploring potential for of Art of Texas A&M University Corpus Christi graduate arts facility within 5 years. more permanent restaurant facilities.Require (TAMU-CC)to Downtown. building development and major renovation MOMENTUM >Marina Arts District branding conceived andlaunched >Broader downtown area branding initiative under way 34 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A Conceptfor expanded outdoor dining,walking,seating and Marina/bay * observation areas occupyingformer roadway between the Art Center and the +' Shoreline promenade. � t 'i 1 Mi I C I i S qr � r ' DOWNTOWN AREA DEVELOPMENT PLAN rt l... DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision GREAT PLACES FOR PEOPLE 66II,.4 .14it Fill missing links in Corpus Christi's 0 signature waterfront park and path network. KEY ELEMENTS RESPONSIBILITY City Planning&ESI Department,Engineering Ser- Complete reconstruction ofthe Marina's boat Connect the new Harbor Bridge multi-use path vices Department,Parks&Recreation Department, slips south of Coopers Alley. to North Beach and the bay with a new multi- CCRTA bus service • Complete design and construction of Shoreline use path extending along Beach Avenue to the Boulevard park improvements between Fur- Beachwalk,and along Timon and Surfside man Avenue and Coopers Alley,using funding Boulevard to the Texas State Aquarium ferry Dedicated and future capital project allocations; previously dedicated. dock. CCRTA for bus service,TxDOT mitigation require- Design,fund and implement Phase II Shore- Build the planned birding park in North Beach ments line Boulevard walkability and streetscape north of Beach Avenue,utilizing new Harbor improvements between I-37 and Lawrence Bridge required wetlands mitigation. Complete Shoreline Boulevard crosswalk improve- Street.Add crosswalks across Shoreline Boule- Connect Uptown to the bay with improved ments,Leopard/Peoples Street lighting improve- vard at any cross streets where they are absent, pedestrian lighting and walks along Leopard, ments and marina boat slips within 3 years.Com- such as Schatzell,People's(north side),Starr, Peoples and Lawrence Streets,Cooper's Alley, plete park and path improvements along Shoreline Taylor and Twigg Streets.Include curb bump- and along Park Avenue from South Bluff Park Boulevard and Park Ave.within 4 years.Complete outs,signage or other devices to promote to McGee Beach.Include bike infrastructure North Beach birding park and Timon/Surfside path traffic speeds at or below 25 mph. as prescribed in the adopted Bicycle Mobility within 5 years.Complete new Harbor bridge path • Complete design and construction of North Plan.Include sidewalk,crosswalk and acces- connections in conjunction with the bridge comple- Shoreline Boulevard promenade from the sible ramp improvements at the bluff along tion. Texas State Aquarium ferry dock to Bridge- Broadway to enhance Uptown-Downtown port Avenue and the Beachwalk,using funding connections. Inaugurate a Bayfront shuttle service along previously dedicated. Explore opportunities for pedestrian-only the Shoreline Boulevard corridor between the • Connect the new Harbor Bridge multi-use corridors throughout the Downtown planning SEA District and downtown.Brand the service path to neighborhoods and the bay with a new district. differently from standard public transporta- multi-use path extending west to Hillcrest, Recruit ferry service provider or similar tion services,and proactively market service to East to Shoreline Boulevard via Washing- service with stops at the SEA District(at Ortiz visitors(as well as the Corpus Christi commu- ton-Coles and the SEA District,and south to Center dock)and increased service frequency nity). Uptown.Include the Solomon Coles Recre- (30 minutes)by replacing the previous model Consider opportunity to connect waterfront ation center and historic Old Bayview Ceme- of a single ferry with multiple smaller boats. paths to Westside neighborhoods with multi- tery as part ofthe route. Explore private and public-private models, use trails along former rail corridors. 36 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A Bayfront Park&Path Network DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision .fes. ••�•••y - - fes._. _._�. -�... ..... ..... r "�...•• ... y.5S- '.•� . r y t 4 i f .aIle • .�. N � al..rHM ... �^ ..,v IY+• . Z'' •'� '• ... ....................a...... .»^,•'J'• I a.•~•ryla e I •.,...... .. 1 r 'waa�A �N EXHIBIT A PLAN CC .;WNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 37 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision GREAT PLACES FOR PEOPLE Create clean, safe, welcoming places. RESPONSIBILITY KEY ELEMENTS DMD,other area service organizations,City Busi- • Continue and expand the highly successful regular maintenance.Maintain facilities sup- ness Liaison,Parks&Recreation Department,Police public/private partnership and volunteer porting daily use,and program periodic events, Department. efforts led by the Downtown Management to leverage the parks'amenity value and to � - District(DMD)promoting cleanliness,safety, promote safety. and a welcoming environment in the Marina Address issues associated with public nui- City and private-sector funding. Arts District.These efforts include presence sance complaints and transient populations. of uniformed"Clean Team"staff who perform This includes ongoing efforts by the DMD,and Ongoing. dual roles:1)maintaining downtown public other stakeholders as applicable,to communi- places,and 2)serving as tourism ambassadors cate with social service providers. providing people information and assistance. Continue the mural painting programs that They also include periodic volunteer events for have been applied in the Marina Arts DisMOMENTUM - cleaning,painting and other maintenance of trict and SEA District for buildings as well >Implementation of new street cleaning public streets and parks. as electrical boxes and other infrastructure. equipment • Consider applying similar initiatives in other Engage local arts and business organizations portions ofthe Downtown Area. to provide artwork that celebrates distinctive • Continue the DMD's partnership with the City qualities of the Downtown Area. to manage the bike patrol program,which con- In coordination with Initiative 8,develop a tracts off-duty police officers to ride downtown plan for signature architectural lighting and streets,providing additional security. signage in the Marina Arts District and/or • Encourage regular use ofparks,include the other areas. recently rebuilt park spaces at La Retama Park and along Shoreline Boulevard,through 38 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision m apigob a. iA ti - Downtown ManagementDistrict staff and volunteers help maintain curb markings.New murals include one covering the Corpus Christi Caller Times building. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 39 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Are¢vision '+�� *'�•'+,+,+ 1; '+�'. �• .,tib `• SIR N DOWNTOWN AREA FRAMEWORK: •`+i+,• r_ BAYFRONT PARK&TRAIL NETWORK +'`•�.,;* This comprehensive park and recreation trail system links the waterfront,public t`'•, parks,neighborhoods,and Downtown Area districts of Corpus Christi through new multi-use paths and walkable,bikable recreation loops.A newly marked path along Shoreline Boulevard and the waterfront connects to interior paths at Park Avenue,Peo- ples Street,I-37(transformed into a green Boulevard after the Harbor Bridge relocation) and Port Street.The trail network extends to North Beach via a reinstated and expanded water ferry service from the marina and SEA District,connecting to the existing North Beach"beachwalk"and new pathways on Beach Avenue,Surfside and Timon,and along the proposed Harbor Bridge.The path from the new Harbor Bridge would link through the Hillcrest and Washington-Coles neighborhoods connecting both to the SEA District and the bay.The recreation trail would be comprised ofwider sidewalks,dedicated bike lanes,and/or shared bike lanes along existing streets,with beach trails and bridge treat- ments to complete the network. I I 40 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision +, - -:rasa+ '• .. +r4 yo-�+ frail+ _ - ' .err` � � 1 •'}If 4 --� Y .�M. _ � i l'i� �i�� T ..rT nrl Alluiil`" C'~ 21. • 11• .r{a x J+Yf.. r' p? .- 3 • r - L a r.. hj 12ti I': ,,,.: ,;_i '''�'. I� 414 �,"4�{'{'' 'J � ' �, A•''� q` a �- �`'•,,, "rs ' � LD1, �+.•'' �'"-. rrr ♦~rrr. i ;�;� .rrr r~'........... .r a EXHIBIT A PLAN CC JWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 41 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Are¢vision DOWNTOWN AREA FRAMEWORK: { POTENTIAL REDEVELOPMENT SITES Significant development opportunities exist in Corpus Christi based on an analysis of publicly-and privately-owned land parcels that appear vacant or underutilized.Cri- teria for noting these parcels—color coded according to ownership by the Port,TxDOT, City,or County—include large,open surface parking lots,vacant or underperforming buildings where redevelopment value exceeds current value,and reclaimed land that will be made available with the relocation of the Harbor Bridge.The diagram does not suggest a proposal for specific development on specific sites.Instead it is meant to focus discussion on the possibility of redeveloping key parcels through public/private partnerships,that would have significant positive impacts on their related districts and neighborhoods.Note that the majority of City owned sites are located in the SEA LEGEND District,while privately owned sites are distributed throughout the Downtown Area putEntial 005 districts. *604mmul an Ihon 3.0t for r6161y*XW1 Ohm ow t"31141t Dr II Nunn cnlml� 42 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A �N DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision .~;1,:f _ 4 ? Fm SW raml A, �s `hiTt •_ I-+_ - It �'' ! 41 . 4 LN 49:- xff f ti .�l tttil = t r .-5 6 r.•�'1 ddfk'®�d� � A f 'Y 1 yi' 1°i �`�;��� .d� x. �y °,oq1 6 YI YI b.��h rWb M 1`! � • 6y„ty 1 . J d EXHIBIT A PLAN CC NNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 43 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Are¢vision DOWNTOWN AREA FRAMEWORK: STREET CHARACTER This diagram highlights the network of streets of different types that serve the Down- town,SEA District,Bayshore Neighborhood,and Uptown and surrounding neighbor- hoods.Taken together,this street character framework defines appropriate design approaches for development on each type of street.Chaparral Street between William and Taylor is logically a primary walking street and priority retail location given its recent streetscape improvement program.This model could also be followed on Leopard Street between Broadway and Tancahua and eventually in the SEA District as well on Chaparral between Fitzgerald and Port Street.Shoreline Boulevard and Broadway Street are emphasized as primary walking streets,while Water and Mesquite Streets are de- noted as flexible access streets,meaning they primarily serve atransportation function although integration of commercial and/or residential uses is possible.Gateway Streets and Boulevards complete the network and feature additional attention to landscape and pedestrian facilities,combined with convenient vehicle access. F 44 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision Ar ,Delo _ kremn� aria _ i L i--� w1jkmo � 1 �!3 •r i EXHIBIT A PLAN CC INT011111'gFA DEVELOPMENT PLAN OCTOBER 17,2017 45 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Are¢vision DOWNTOWN AREA FRAMEWORK: ARTS&CULTURE FRAMEWORK The arts playa significant role in the life and activity of Corpus Christi's Downtown Areas.Bracketed by the Art Museum of South Texas to the north and the Corpus Christi Art Center on Shoreline Boulevard to the south,a diversity of arts offerings and pro- grams are already available to residents and visitors alike.A variety of other facilities expand available cultural experiences to include festivals,community history,marine science,architecture,and more—all close to a spectrum of culinary experiences.The Arts&Culture Framework diagram ties these locations and programs together to create a connected and clear network of arts related facilities that can promote syner- gies and other complementary arts offerings.These can range from outdoor,temporary programs along the waterfront—particularly on the former Shoreline Boulevard right- of-way at the Art Center and farther south near McGee Beach—as well as more potential permanent locations for galleries or a"school for the arts"in the Marina Arts District. The framework suggest ways that area organizations such as the Art Museum of South Texas,Art Center,Harbor Playhouse,Corpus Christi Museum of Science&History Museum,Instituto de Cultura HispAnica de Corpus Christi,Texas State Museum of Asian Cultures,TAMU-CC,the Downtown Management District(DMD),and others can promote an integrated arts and culture fabric as a key driver of downtown activity and LEGEND identity. 46 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A �N DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision NORTH HEACH ART MUSEUM OF �SOUTH TEXAS / " "ERRILL PARE[ `h ARTFSIAt!` �� KREMER - Remi��l�rP-xa rra ., r � - -- �^ �IRiKR9 PARI[ IYarl sirranll += �7 ° - us�u ee�rx _' w;P LAREiAMAPAhi( 'S seo�arw v sx �yTo BERME PARK C an® 1 IR ���YT.R�.RiliRl� v_ I• y�3�.lw�� ���!!`� Ywa.� Y'4 ' �OG9fMR Si yNY1�i 1 pIRN4791i1 # _ Iua + 531.14 y ,. tyy•L 1-.. ' mW � I EXHIBIT A PLAN CC OCTOBER 17,2017 47 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Are¢vision _ INFRASTRUCTURE INITIATIVES ` PARKS AND PATHS Landscape&paving improvements- Parking supply/demand,placement ", , '"�, , �' ;+• ,6'd:d�, La Retama Park.COMPLETED and pricing study Leopard Street Phase 1:Broadway to Offiff Park improvements-Water's Edge Park. Parking structure A[assumed north, Tancahua completed COMPLETED 1-37 or other appropriate SEA District Leopard Street Phase 2:Tancahua to location];600±space structure,with Josephine completed Artesian Park-upgrade irrigation,land- scaping,gazebo.COMPLETED occupied space along any adjacent Staples Street from Morgan to 1-37 Park improvements-H.J.Williams Park street edges [Bond 20121.COMPLETED ,`� •. Shading,streetscape,food truck plaza- Parking structure B[assumed south Street extension-Shoreline Boulevard Shoreline Boulevard at Arts Center of Lawrence,or other appropriate extension location];600±space structure,with and/or Lawrence Staples Street pedestrian and bike im- occupied space along any adjacent Park improvements-South Bluff Park. street edges provements/safety,traffic calming-I-37 Bike/ped improvements-Antelope from to West Broadway[2,000 If] Staples to Broadway;Peoples from ®Streetscape improvements Roadway and sidewalk improvements- Broadway to Shoreline(3,9201f] miscellaneous streets[3,000 If] JESJ[Streetscapeimprovements Mesquite St bike boulevard[Cooper's Streetscape improvements Alley to 1-37-3,330 If] Pedestrian improvements-Leop- Waterfront bike/ped improvements- and Street at Broadway:stop signs, Art Museum to Art Center[6,9301f] crosswalks Study and confirm street plan replacing LEGEND Bike/ped improve ments-waterfront pedestrian improvements-Accessible 37/Harbor Bridge/Broadway inter- between Art Museum and ferry dock/ Ortiz Center[1,500 If] ramps from Upper to Lower Broadway Mchange Bike boulevard-Ortiz Centerto 1-37 on IEMffLight Up CC-Peoples Street 1-37 Traffic Circle at Broadway Mesquite(3,7001f] Uptown Neighborhood Initiative light- Street extensions-Power,Palo Alto, Smut Cycle track&transitional bike bou- ing-Leopard Street Fitzgerald,Resace&Hughes from mpmvMtris levPhase 1:Brewster from Tancahua to Tancahua to Mesquite replacing Harbor via Win Hillcrest Park to Mesquite Bridge approach[5 @a 720 If=3,600 If]; Chaparral;sidewalks/shared ed g pp via Winnebago,Sam Rankin,N Sam vehicle street p / Rebuild Broadway(3,6001f] Rankin,Resaca[11,000 If] Street extension-Staples to Fitz erald/ Bike boulevard-Port Ave from Mes- Phase 2:Brewster/Mesquite/Chapar- P g quite,W Broadway,Lexington,Minton, ral/Hirsch Tancahua connector[1,500 If] Kennedy,Koepke,Van Loan,Noakes to Phase 3:Chaparral to Whataburger WaterStreet pedestrian and bike Nueces Bay Blvd[7,730 If] � Field and Brewster improvements/safety,traffic calming- Cycle track-Winnebago,Staples, Street/ped improvements-Shoreline Kinney to Furman[2,500 If] Comanche,Alameda Boulevard Park Avenue pedestrian and bike r Cyclimprovements/safety,traffic calming- Park path-Comanche bike boulevard,Blucher Street/ped improvements-Coopers Tancahua to Shoreline Blvd[1,600 If] �. Park path-Comanche from Culbertson, Alley-Shoreline Blvd to Broadway - - Blucher Park,Cooper's Alley Street/ped improvements-Lawrence Timon overlay-Coastal Ave.to Sandbar South Chaparral and Coleman bike Street-Shoreline Blvd to Broadway Ave.[6,000 If Parks and reerpational boulevards[4,920 If];Park Ave cycle Surfside overlay-Coastal Ave.to Reef _ Street/ped improvements-Hill- Ave.[5,400 If] .' ' track[930 If] crest-Kennedy Ave.,Peabody Ave., Buford and 3rd St Cycle tracks[3,850 Van Loan Ave.,Hulbirt St.,Minton St., NEWBeach Avenue from Bridge to BeachIfiltmonal pal If];6th St Bike boulevard to Morgan Neuces St.,John St. access[1,300 If] [1,000 If] loss N off Part wwrommFiris Recreation Trail-Aquarium to Dolphin Utility upgrades-Water main line Park along existing Beachwalk to New upgrade/extension.ONGOING improviamords Harbor Bridge;along Timon and Surf- side median[8,000 If] Binding and wetland park New marina docks.COMPLETED Recruit ferry service/station I[MlBus rapid transit-Staples Street 48 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A �N DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION How to build the Downtown Area vision EXISTING REACHWALR -------------------------- -s ' -y to PARR �oL r �_ ,-'__- LIZRECREATION PATIi 4 PLANNER AS PANT OF I ARBOR BRIDGE Y EXHIBIT A PLAN CC NNTOWN AREA DEVELOPMENT PL" OCTOBER 17,2017 49 DRAFT PRIORITY POLICY INITIATIVES AND IMPLEMENTATION I How to build the Downtown Are¢vision 50 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT District Framework and Reinvestment Priorities Targeted priorities for a vibrant and connected Corpus unristi INTRODUCTION he District Framework and Reinvestment Priorities chapter begins with an overview of the Down- town Area districts,highlighting their unique qualities alongside opportunities for targeted reinvest- ment.The analysis of market-based development potential described in Chapter 1 sets the foundation for these recommendations,as do recent infrastructure initiatives taking place in the Downtown Area—most importantly the Harbor Bridge relocation,recent Chaparral streetscape implementation,and Shoreline Boule- vard reconfiguration. EXHIBIT A PLAN CC ,JWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 51 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi For each of the districts,a list of reinvestment {I^. priorities is presented that identifies where the ' Marina Arts District most proactive efforts promise the most trans- "Leveraging infrastructure investment and filling formative,catalytic,and cost-effective impacts— the gaps with livelwork/learnlplay" development of priority land parcels,improved streets for pedestrians and bicyclists,and/or new .............................................................................................................................................. programs for parks,for example.District recom- Bayshore Neighborhood mendations are also provided for land use,urban design,transportation and streets/public realm "Connecting neighborhoods and people to the Bay which present a range of specific public and pri- and destination parks" vate actions that would bring both near-term and long-term improvements. Uptown and Surrounding Neighborhoods `Expanding choices for housing,jobs,and transportation" ........................................................................................................................................... Washington-Coles "Strengthening an established neighborhood with 4 71connectedstreets and housing" ............................................................................................................................................ 'n ibl: :; 04 Hillcrest `Providing housing options and opportunities for current residents" SEA District `Promoting vibrant and accessible destinations within a walkable setting" North Beach LA `Beach and attractions" 52 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi Downtown 1Area and Districts $y4 MRN Emm ��T£US STIR M1 � Y .. AN[XitJ4$AXI r w o .00 •. ,' '1'.� } � �, L':A'-Sfil''r^e- ���y.�e r�ai\ - _- ' Sal' 't y r { 7 I� r••. . Y ,t I RTit1:7:T3;:7 r � f J � r e t � + I a r r rr _.. ... EXHIBIT A PLAN IVNT0 N AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 53 DRAB.._., DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Marina Arts District IDENTITY KEYTHEMES "Leveraging infrastructure investment >Branding and walks that connect the Marina and traditional downtown and filling the gaps with live/work/ walkable learn/playneighborhood that makes the district a cohesive >Great dining,arts,waterfront,and other attractions drawing people from near and far Great strides have been made in recent years to promote vibrancy in the Marina Arts District. The City has made important investments in the primary transportation corridors of Chaparral Street and Shoreline Boulevard.Work by the anagement istrict Downtown mu s t spur act on through focused td effo is on MD)con- 10 so 0 ~ district operations and cleanliness,development # initiatives and filling vacant storefronts,market- MARINA HI[RIMA # ing and events,and organizational management. The Marina has upgraded boating facilities and collaborated with the DMD on branding.There f are several important and immediate oppor- ARTS CENTE tunities to further leverage and sustain these ■ efforts,capturing the powerful potential of the WATER STREP Downtown Area's core as a strong generator of economic growth and community identity. y • Downtown and the waterfront are inex- tricably linked and deserve strategic invest- ment tobebetterconnected.Theongoing COURTHUSE Marina Arts District branding initiative and ` t �~ anticipated programming,public space and - development improvements along Shoreline - -- Boulevard will help the Downtown,Marina and shoreline parkland all succeed better as interconnected places. HUItT41 • Downtown's compact,connected,walk- able environment is a core asset.This character can be reinforced by encouraging 54 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi redevelopment of large surface parking lots POTENT' ' and other underutilized landarcels with oc- P Outdoordining Shade trees Drive lane and parking for cupied,active,high-value buildings and public and public art and canopies promenade and Art Center spaces. ' • Housing development offers the strongest opportunity by far to capture market-driven investment opportunity and produce a wide variety of visible,transformative benefits.New r'` housing can take advantage of the dramatic ongoing improvements to Chaparral Street, I, joining the Cosmopolitan,the Atlantic Lofts, � the Buena Vista and other recent downtown housing development to create a true neigh- _ borhood. • Downtown should continue to be aplace in ' where visitors gather to experience Corpus 4 Christi's stunning waterfront and marina as y� well as inviting destinations for the arts,dining and shopping.Additional events programming, + ►�. public art,retail recruitment,and shuttle services will help Corpus Christi draw greater ' benefit from its strongest concentration of 00 hotel rooms and destinations that appeal to * 0 residents and visitors alike. - LAND USE AND URBAN DESIGN EXISTING IV-ISOM Shoreline Boulevard in front of theArt Center The priority goal for land use in the Downtown looking north with new food offerings,arts,and activities. should be to attract a permanent residential population through new housing construc- tion on available sites.This recommendation is supported by a detailed DADP residential mar- _ ket analysis that anticipates potential demand for up to 1,850 new housing units in the next 5 years. WOOF- Simply put,this means that Downtown could absorb approximately ten new developments the size ofthe 165-unit Cosmopolitan by 2020. EXHIBIT A PLAN CC .;WNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 55 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Development should be targeted to sites near or existing surface parking lots with housing or existing retail and help support additional retail, on Chaparral Street with vacant,single-story other higher-value uses,while minimizing the dining and cultural offerings. buildings,large underperforming parcels with significant costs of providing parking for new de- single ownership,and/or other underutilized velopment.Rehabilitation of existing structures The retail market analysis shows that the Mari- sites such as large surface parking lots.With over can also play a role in new housing—potentially na Arts District possesses the Downtown Area's 11,000 existing off-street parking spaces in the leveraging historic tax credits as an important best established cluster of destination retail and Downtown,there is ample opportunity to use funding mechanism—with vacant multi-story entertainment destinations,and some of its best existing parking—particularly structured park- and well-designed buildings like the former opportunities to reinforce this cluster with more ing—more efficiently among uses like housing Montgomery Ward structure at the corner of and larger venues.Live music and unique dining and office that have peak demands at different Chaparral and Peoples as prime candidates. destinations are prime strengths,with opportu- times.This would enable redevelopment of Future residents will in turn increase demand for nity to grow their share of market demand.The DEVELOPMENT PROGRAM MARINA ARTS DISTRICT BuildingType/Density Multifamily residential with structured parking,office, hotel S® IEetnsttvutur�Dr>�twlls Typical Height Range 3-5+stories Range of Development 1,000,000sf , Quantity(in SF) Unit Counts 1,500-2,000 residential + '� units,150,000-200,000 sf —' '"`"' office space --------------- -------------- ,ter s r" rtrbt[n�e�l•` P,1rrH ----- y------ -----`- -°- --- 'i1[rlIAE Hr m'r.l 's Future OOYEIWm M ���� Pnlmriol I _ AC1MATfEERLTdSIA -iN4mkG:1J:.h`.IRC65TAfNS Pon � tINIIING OP111WN TO OOWNOWN r 6iPHMIJIPABDSF.00NNECTIVIT'd iDPE�t£3lIt91SGHAiIEL Y � , 56 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi district's established role in tourism and emerg- on the SEA District(two hotels)and Bayshore average Texas city.That said,demand for up ing role as a neighborhood will strongly benefit Neighborhood(one hotel),but the Marina Arts to 100,000 square feet of additional downtown from and contribute to a stronger retail and District remains an appropriate place for poten- space for administrative and support industries entertainment presence. tial additional hotels and upgrades to existing is projected over the next 10 years.There is hotels. enough existingvacant office space in Downtown The Marina Arts District is well known for its Corpus Christi to accommodate this.Trends array of hotels along Shoreline Boulevard facing Prospects for office space growth are less strong, in other downtowns like Corpus Christi's that the waterfront which welcome tourists and as the office-inclined financial services,informa- are seeing an influx of residents indicate that visitors.The hotel market is performing well tion and professional&business services sectors mixed-use downtowns particularly support the and continues to deserve a major presence in the play only about half as much a role in Corpus establishment and growth of small businesses, Downtown.Active hotel proposals have focused Christi's underlying economy as they do in the POTENTIAL NewRestored New Chaparral.wider sidewalks, R' Artesian Park housingWiV Ritz Theater s housing compact lanes,two-way activated , EXISTING { y Chaparral Street at Artesian Park,looking south with newresidential development and streetseape. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 57 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi which together contribute more to job growth emphasis on providing active ground floor uses routes and improved information.Continued than large businesses. like retail wherever possible,and particularly linkage to the new RTA center on Leopard Street Having a variety of uses present on or near all along established retail corridors.Active ground is essential and could be integrated within an blocks—keeping streets active day and night, floor uses also deserve priority along Shoreline improved Leopard Street(see Streets and Pub- weekday and weekend—will help expand market Boulevard,which lacks retail today but offers lic Realm below).Convenient service to North potential for development.Improved walking important opportunity for it with signature Beach is also essential and must be integrated connections between the concentration of office walks attracting tourists,workers and residents with street pattern changes associated with the uses on the bluff west of Broadway,and the alike,and connections to the Marina. new Harbor Bridge. greater mix of retail,office,hotel and housing activities east of Broadway,could effectively 11101r7- With over 11,000 parking spaces in private improve the integration ofland uses.This would TRANSPORTATION AND PARKING garages and surface lots in the Downtown enhance the emerging residential character (including the two blocks west of Upper Broad- The existing street grid has inherent advantages Broad- present on parts of the bluff,and reinforce way to Tancahua Street),there is an abundant that enhance access capacity and convenience: Chaparral Street retail by harnessing demand walkable,bikeable scale;a density of destina- supply of parking that can be leveraged as an from more daytime workers. tions that makes walking,transit and biking asset for future development.Focus on in- access convenient,and multiple driving routes creasing utilization of existing parking by Urban design in the Marina Arts District that prevent bottlenecks.Moving forward, establishing district-scale parking man- should be geared towards creating an invit- transportation policy for the district should agement that enables uses with different ing,memorable,and walkable street and maintain and enhance this set of qualities,with demand peaks to share spaces during block pattern.Downtown already offers the particular emphasis on prioritizing walkability the course of a day or week.In the near- city's best environment for walkable mixed-use amidst the balance of transportation modes. term,surface lots can potentially serve new development—owing to its frequently spaced Inviting people to walk or bike instead of drive development nearby,while large surface lots streets,human-scaled streets and sidewalks, through safe,convenient sidewalks,transit themselves—particularly between Shoreline and variety of established,interdependent land service and bike routes in Downtown will calm Boulevard and Water Street and along Chap- uses,These qualities are principally responsible traffic,ease parking demand,and create still arral—may be prime candidates for redevelop- for the recent attractiveness of downtown as a safer streets for pedestrians and bicyclists.Spe- ment.In those instances,new parking could be place to invest in new housing.To maintain and cifically,transit improvements should take the contained on site within the new development expand these qualities,and the investment that form of a branded circulator for visitors(and (as in the Cosmopolitan)or be accommodated comes with them,any development incentives others)that would run between the Art Center in nearby garages if applicable.Overtime and offered through TIRZ#3 or other means should and the SEA District on Shoreline Boulevard with development momentum,additional be conditioned on building design that supports linking the two districts.Similarly,recruiting structured parking utilizing public funds or these goals.With each development project,this a water ferry or similar service between the through public-private partnerships might be approach will enhance the quality and value not Marina,the SEA District(with re-established considered in strategic locations.For further only of one parcel but of the streets and prop- service)and North Beach would link all three detail,see the Transportation Chapter on page erties around it as well.See chapter 4 for more districts efficiently while highlighting Corpus 101 and the map of potential shared parking detail on appropriate development guidelines. Christi's signature bayfront.Established bus opportunities on page 59. To leverage its traditional walkable charac- routes serving workers,residents and the gen- ter,the Marina Arts District deserves special eral public should be improved with simplified 58 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi _ PARKING Qffce space,hotels,housing and retail can share use of some of the Marina Arts Districts many of-street parking spaces at different hours of the day,freeing parking lots for redevelopment and reducing need to q+ build parking to serve new development. .. 341 124 . +ter 111 71 .i •f S 131 .x' 53 60 Al 207 . 0° �33 170 .'. 325 e 91, {4 a £ ,i6 1, i39 �yp� Q0 80 164 .. -. -4. a4..� yev 61 cc w aaoaowaysraEEr LEGEND .._ v - n- •�' 11,395 parking spec s a available 154 3 305; 30i5 4�=2 1 parking1. r r `} '�_.._: sti�•+�� - j.i Existing •r r. 1r. • 69 � r F in . Total B.917 Throughouterea ,i Ig 239 96 196 �I Y M Iw 0 rganize management pricing,time limits.am investmen of proceeds placement of on Sl 266 Sample"Parking s.. b 82 opportunity r.> for land ithdifferent demand peo'k's'tow share 0 Pc spaces { r:. I a r, 266 exp g rr % tui 3 y r EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 59 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi �4 (Art Center,YMCA)that will promote vibrancy to traffic on summer Sundays from sunrise to STREETS AND PUBLIC REALM on the waterfront.New or improved Shoreline sunset.Phase 2 Chaparral Street improve- While there should be current focus on lever- Boulevard crosswalks at every intersection ments will be supported through dedicated City agingprivate investment and incentivizing between Lawrence and Mann Streets should funding,but based on the Phase 1 precedent it is housing,this development should be supported be implemented through wide paint striping, critical that construction processes emphasize with targeted public investments in specific pedestrian controlled walk signals,ADA accessi- unimpeded pedestrian and vehicular access to street and public realm improvements.For ble curb cuts,and landscape treatments to calm existing businesses,to minimize disruptions to instance,the former northbound Shoreline traffic and create a seamless integration between these establishments.This can be accomplished Boulevard right-of--way between William interior streets and the waterfront.In addition, through sequenced construction staging,public Street and Furman Avenue offers a unique and "pedestrian and bicycle-only"days might be media alerts,and other forms ofpublic informa- timely opportunity to focus new arts,dining, considered through the closing of Shoreline tion sharing.Improvements to Leopard Street Boulevard northbound and southbound lanes and Upper and Lower Broadway are recommend- and recreation programming tied to nearby uses alllTE STREET I E3 _„mom-- go 1 I i it Wjjm7 EARA CAHU - s wt Proposed pedestrian improvements connecting Upper and Lower Broadway 60 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLt OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi ed,including improved landscape,paving,and of Corpus Christi public spaces and districts. lighting in the near term and pedestrian ramps The recreation trail could be extended into the in the long term to strongly connect Uptown and marina T-heads at Peoples and Lawrence as a Downtown(see diagram on page 60). clear wayfinding route that welcomes people into the marina environment and provides access to DMD programming of La Retama Park and the easternmost edge facing the bay.The trail Artesian Park should be continued to contrib- should be defined by clear,consistently designed ute to a lively,community-building atmosphere. signage,shade,water fountains,benches and Both of these public spaces could be connected lighting,as well as opportunities for public art. to the waterfront through a new multi-purpose recreational trail for pedestrians and bicyclists that ties into a larger network and links a variety 7r L Potential promenade replacing former roadway at As in these examples of the Art Center of Corpus Christi rides led by Ride Texas and theDowntown Management District, gi portions of Shoreline Boulevard or other roadways could be closed rr� , to traffic on weekends orat other times oflow + .� trrgfwdemand,to allow biking,walking and in- line skating. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 61 D RArT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Bayshore Neighborhood IDENTITY KEYTHEMES "Connecting neighborhoods and people Downtown to the Bay and destination parks" >Signatureparks >An established place to live that can grow into a waterfront „neighborhood„ >Active hotels,churches,and „neighborhood„ he Bayshore Neighborhood is defined by two main features-the parks along t # i `RE ; I ' the waterfront and Corpus Christi Bay r itself.Recent reconstruction of Shore- ! line Boulevard,Sherrill Park,Water's Edge Park 1 (formerly known as Bayshore or McCaughan j Park),and the McGee Beach bathroom/conces- sion pavilion have dramatically enhanced the G G area's appearance and opportunity for enjoyable 16j I activities near the water.Between this signature M CG E BEACH public space and established neighborhoods on the bluff to the west,there is an attractive oppor- tunity to transform vacant lots into a mixed-use district that celebrates its connections to the IQf��[ f�� �jEjl waterfront,to the Marina Arts District,and to ET other neighborhoods.Water and Park Streets are well-located to play important roles as principal streets in the district.Water Street is a wide,vehicle dominated corridor with narrow sidewalks and few street trees.New residences would create an inviting,active street with the - r potential for focused retail activity.Park Avenue is currently an auto-oriented street with narrow sidewalks.A new approach would recognize this street's potential as a gateway to the Bay from -a*- �_ 1 kT[tlj}jsr Uptown,with exceptional views to the water NURTHI along the top of the bluff.Together,these changes - will make the Bayshore Neighborhood a gracious, 62 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi connected,visitor-and family-oriented commu- nity steps from the Bay.An opportunity exists for the City to initiate a stakeholder process to develop an identity for the neighborhood. + - LAND USE AND URBAN DESIGN Current land use in the Bayshore Neighbor- Y s ; !- _ ac�E€EI-*q hood is characterized by a mix of multifamily r / c residential,small office,and retail in the vicinity r' �::: w_ , of Water Street.Other residential and institu- tional uses,including the YMCA and a number of churches,some with associated schools,are found farther to the south and west along the cor- ° 4 i 1 R I ridors of Broadway,Chaparral,Carancahua,and Tancahua—eventuallyconnectingwithUptown 1 t _ .jr 1.' to the west and the Spohn Shoreline hospital r - area to the south.New privately-led development on underutilized land along Water Street will H, 40. add two hotels and a health care facility.Other 0 parcels offer excellent potential for new housing, + ` '' with easy access and views to Water's Edge and 1� PAtC$liV'REUVElAPJ 4 Sherrill Parks and the Bay to the east.This would 6 Gr3attnY complement and create a critical mass with new DEVELOPMENT PROGRAM _ - BAYSHORE NEIGHBORHOOD 1 'k1 Building Type/Density Multifamily residential with surface parking,multifamily residential with structured = parking,hotel Typical Height Range 3-5 stories Range of Development 860,000 sf Quantity[in SFJ Unit Counts 1,000-1,500 residential units Water Street looking towardDoumtoum Bay Vista Apartmentsfrom Caraneahua Street EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 63 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi residential land uses already taking shape at Shoreline circulator could ultimately connect to Bay Vista apartments(169 units)and Bay Vista TRANSPORTATION Spohn Hospital as well as Cole Park to link these Pointe apartments(181 units).There are also Public transit connectivity between the destinations to the Marina Arts and the SEA opportunities to strengthen land use connections Bayshore Neighborhood,the Marina Arts Dis- Districts. with infill development between Bay Vista and trict,Uptown,and the SEA District,as well as the Spohn Shoreline Hospital,including housing, points to the south should be clear,efficient,and medical and other professional offices,and/or STREETS AND PUBLIC REALM accessible.This can logically take the form of improved streets. improved public bus routes along primary north/ Improving Park Avenue and Water Street to south corridors such as Tancahua,Carancahua, make them invitingto pedestrians and bicyclists In terms rly imp n design,view corridors are Chaparral,Water,and Shoreline Boulevard.F u- and to promote ongoing and future develop- particularly important in the district,with long ture connective should be considered through ment deserves priority,views to the Bay from the upper bluff.These �' g P ty,as does repurposingthe the dedicated Shoreline Boulevard circulator former Shoreline Boulevard right-of-way into an streetviews can be strengthened through improved route that is being analyzed by the RTA and is one active,public space destination.The Shoreline and pr cape and trees that define sidewalk edges of the key recommendations in the DADP.The Boulevard paving could be simply re-painted to and promote wayfinding.New buildings should front onto Water Street with limited setbacks to create a more intimate walkable environment that still allows generous sidewalks,on-street parking,and vehicle traffic lanes(see potential street section diagram).At the same time,those buildings should have fagades that address Shoreline Boulevard,Sherrill and Water's Edge 1 Parks,and the water to the east through key pri- mary entries,balconies,and window treatments. Development should be at a scale that creates a comfortable walking environment with engaging ground floor uses(possibly retail,small office, and/or transparent residential entries)while integrating building forms that highlight the intersection of Park Avenue and Water Street as - -- a memorable district center. ` .r9NWLR IRWYLWE I0.MWA1€�. NNW&G IRWIIAG IRAMLIK �5�D',GPt SR7i1l.IiL� SfkP SdfM SO�TN iiCl[iN NdRN 51NF Proposed street section for Water Street,featuring shade trees and ground level plantings separating pedestrians from trrgfic,and narrower lanes to reduce vehicle speed 64 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi indicate places to exercise or sit,with new shade - structures or other play-related elements.A ded- - { ^ L (� icated bike lane as part of the larger recreation - (_ k trail network for the Downtown Area could be in- _ ( L L L cluded at low cost,connecting to the Art Center ,r and points farther north in the Marina Arts and _ SEA Districts.Improved food concessions—par- 'w c - �- ticularly at the terminus of Park Avenue and the water—should be integrated as well as landscape zones for shade trees or palms that would tie in directly with adjacent Sherrill and Water's Edge Parks.Dedicated funding and improve- _ y ment plans by the City Department of Parks and - Recreation already in place for these two family parks are critical and should be implemented as a «N priority initiative as soon as possible. Conceptual Plan ofre-striping and programming ofabandoned Shoreline Boulevard atMeGeeBeach. POTENTIAL Improved park and Growing neighborhood Walkable,bikable,tree-lined beach destination along ParkAve. street with views to Bay 11, r EXISTING r Safe,generous, A view on Park Avenue looking east toward the attractive crosswalks bayfrontwith new streetscape and infill housing. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 65 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Uptown and Surrounding Neighborhoods IDENTITY KEYTHEMES "Expanding choices for housing,jobs, >The attractive,welcoming western gateway to the Downtown Area and transportation" vibrant,walkablecorridors for living,working,and shopping along Staples, Agnes opportunities>New mixed-income housing „ >Va riety of excellent transportation options ptown is the focus of municipal F _U life in the city with City Hallposi- I_ . tioned strategically at the corner of Leopard and Staples Streets,and the Nueces County Courthouse complex nearby. Uptown is also a place of offices,small busi- nesses and the new RTA transit hub for the city, MIS � at Staples and Leopard Streets.Established is 0 residential neighborhoods are arrayed to the west and south,and additional housing is present ■ r just to the east,including the Trinity Towers • — senior housing at Carancahua Street and Coo- o— ST14lESS1REE5 pers Alley,and Atlantic Lofts at Carancahua and Winnebago Streets.At the same time,Uptown lacks sufficient cohesiveness to feel like a place of consistent identity and quality.As in the Ma- 3� i f[�, rina Arts District and Bayshore Neighborhood, 1 CIu t5I however,housing can be a catalyst.There is potential to bring new market-rate and af- fordable housingto selected areas of Uptown { and the surrounding neighborhoods,building ! _ _ g ommom neighborhood cohesion and leveraging the pres- ence of jobs and transportation.The Leopard, Staples,Agnes and Laredo Street corridors offer particular need and opportunity for this invest- !, nxl. I• CROSSTOWN EXPY ment.The significant visibility,accessibility and RD development gaps ofthese corridors enhance development opportunity,and the high visibility of potential new development would in turn have 66 1 PLAN CC JWNTOWN AREA DEVELOPMENT PLA, OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES 1 Targetedprioritiesfor a vibrant and connect Corpus Christi an outsized impact benefiting the area's image and market position.Ongoing reconstruction of Public/private partnerships and incentives Staples Street will help provide a better climate for business development and affordable and for investment in all these corridors.The private p u workforce housing in Uptown south of Leopard sector,City,Uptown Neighborhood Initiative and Street are needed.Focusing established tax other stakeholders can produce visible change «i for the better in avariety of different ways. abatement tools,along major corridors like Agnes, Laredo,Staples,and Leopard,and expanding eligibilityfor small businesses can help. LAND USE AND URBAN DESIGN Market-rate development opportunities i exist along the eastern edge of Uptown closer to the Marina Arts District,particularly in the vicinity of the Atlantic Lofts condominiumiy building.New development here would create a concentration of residential units at the top of ° the bluff which might leverage existing parking Ie Y A structures while creating more pedestrian vi- �� i brancy in Uptown.To complement this poten- r i' SJ, ! F tial,key parcels on Leopard Street between , , Broadway and the new RTA center shouldbe IK redevelopment priorities.Several underuti- lized sites or large surface parking areas have the potential to be redeveloped in this location to " 4 bring vitality to Leopard Street.As an example, — portions ofthe City's own parking lots serving City Hall should be considered as potential de- DEVELOPMENT PROGRAM UPTOWN Building Type/Density Single-family residential. Multifamily residential with a .� -_- surface parking,hotel,office Typical Height Range 2-5 stories I�Tf1MffE Range of Development 1,250,000 sf Quantity(in SFJ Unit Counts 500-1,000 residential units, 25,000-75,000 sf,office space EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 67 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi velopment sites.Making arrangements to accom- of Agnes and Laredo need particular attention helping create a more marketable setting for real modate infrequent peak city hall parking needs as prominent entrance and exit points from estate investment on surrounding blocks.This on nearby blocks could free up enough space for the Marina Arts District(becoming more so location allows efficient access and connectivi- new housing at the corner of Leopard and Staples with the coming ofthe new Harbor Bridge),and ty to Uptown and the Marina Arts District east Streets,extending south along Staples to comple- could provide a focus for affordable housing and along Leopard and Lipan Streets and north along ment the new RTA building,making a powerful diverse businesses.Public spaces such as South Staples Street to Washington-Coles.The DADP statement about new housing and development Bluff Park and Blucher Park provide important recommends extending Staples Street into opportunities in Uptown.Staples Street still re- public space options for existing neighborhoods the SEA District thereby creating even greater tains the character of a mixed-use corridor with and potential new housing. connectivity and access opportunities between potential for housing,retail,and small business- Uptown and the waterfront. es.South of Lipan Street,the historic corridors TRANSPORTATION Uptown also presents important opportunities to The CCRTA Staples Street Center at the inter- create a network of convenient,safe bike routes section of Leopard Street is a new Uptown land- serving the Downtown Area.Bike lanes parallel ■ to Leopard on Antelope Street,and parallel to mark.The$22 million facility provides a strong talk ._F center of activity and use in the heart of Uptown, Staples on Alameda Street,deserve priority to talk +1 1` serve major Uptown destinations and connect fit 4xConterprovides extensive transit ■� ptions to Uptown and 96+Wn lGWL.I '.F' ilMRLYC ,Ni11N5. inrHllle. wNSrkrt fmk seaMWx _T ANFfFT F+fi +W «N .. ;.� Proposed street section:Leopard Street 68 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi to Westside and Downtown.Connection to the reducing the number ofvehicle lanes from four more walkable and inviting.Future infill devel- new Harbor Bridge's planned recreational path to three,expanding space for sidewalks,street opment will help fully reinforce these corridors will open a direct off-street biking connection trees,and occasional landscaped medians.A as active mixed-use destinations for residential, to North Beach.From the southern end ofthe lighting initiative for increased pedestrian retail,and businesses. New Harbor Bridge,east-west bike routes should lighting—focusing on public safety for intensive- connect with Park Avenue to access Shoreline ly used pedestrian zones along Leopard Street Boulevard parks and trails. (extending into the Marina Arts District along Peoples Street)—is already underway and should EXISTING be fully coordinated and integrated with Leopard STREETS AND PUBLIC REALM Street redesign(see potential street section,page Beyond the Staples Street improvements already 68).These improvements can complement new underway,Leopard Street improvements development to make Leopard Street an attrac- deserve first priority to improve walkability tive and economically strong gateway to the city. Critical improvements are also needed to make and bikability in Uptown.Possibilities include -_ Staples Street,Agnes Street,and Laredo Street P�TEM7IaI_ rr �° Visible businesses Expanded sidewalks Newhousingusing 4 _; Shade Newhousingusing on side street and landscape areas ir existing parking trees existing parking �r Leopard Street looking east towards Downtown with improved streetscape and infill development. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 69 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Washington-Coles IDENTITY KEYTHEMES "Strengthening an established >Transformative reconnection to the waterfront and Uptown along new streets and recreational paths neighborhood with connected streets >Expression ' 'community history and housing" >New mixed-income housing opportunities ashington-Coles isanestab- lished,historic neighborhood ___-- in Corpus Christi,defined by �{ 5 modest single-family homes,res- idential streets and blocks,historic churches and y landmarks such as the Old Bayview Cemetery and Coles High School and Educational Center. Historically confined by the West Broadway rail �', aTURGER x a tracks and Harbor Bridge to the east and I-37 to the south,Washington-Coles has long felt r — disconnected from the Marina Arts District,the SEA District and the waterfront.Largely as a re- `++ ' sult ofthese barriers,the neighborhood has seen + . n� PTY HALt little market-driven investment in decades,and Y 1 K. I contains numerous vacant properties. a� �lyydv`uS Aum�� i The Harbor Bridge relocation project will dramatically lessen those barriers,opening +,r L new opportunities for connectivity and f �a reinvestment in the neighborhood.Principal r ' new street connection opportunities include the extension of Staples Street to the SEA District, 1 a rebuilt"Nuevo Aubrey Street"to the Bayfront in the place of I-37,more direct connections to f Tancahua and Carancahua streets,and ramp NORTH 3���xt 1 ti access to the new Harbor Bridge.Improved ac- ! r , cess and ample underdeveloped land present many opportunities for new residential and commercial development that can reinforce 70 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN: 1 OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi neighborhood qualities and open up economic - Alr _ development.Several opportunities are present to rebuild Washington-Coles with development of mixed-income workforce housing: , Q • aggregating vacant and underutilized proper- ties for redevelopment, • designating the neighborhood a priority area for tax abatement incentive, • re-using vacant city land such as the former Booker T.Washington School site(and eventu- ally,possibly highway right ofway vacated by TxDOT)for housing,and _ 4 PI • partnering with workforce housing providers. Affordable multi-family housing and affordable 4„ WASHINIGTGN-CHO a single-family ownership housing on compact lots could be focused within a couple blocks pc of Staples Street and on vacant parcels near w - West Broadway,Taneahua,andCaranoahua Streets.These areas will open up as the closure of the Harbor Bridge link here will allow I-37 to "z..,, Washington-Coles could contain a variety of be redesigned from a highway to a boulevard east housing types such as these single-and multi- of Carancahua Street.With focused attention family housing examples. and dedication over time,Washington-Coles can be repositioned as an attractive neighborhood once again,close to amenities in the Marina Arts •` " `' District,SEA District and Uptown,and offering flexibility for job-intensive development as well. DEVELOPMENT PROGRAM WASHINGTON-COLES LAND USE AND URBAN DESIGN Building Type/Density Multifamily residential with surface parking Current land use in Washington-Coles includes Typical Height Range 2-5 stories housing,three churches—St.Matthew,Holy Cross,and St.Paul—the Solomon-Coles commu- Range Development 1,680,000 sf Quantity [in SF) nity center,and several light industrial proper- ties near I-37.These uses are largely dispersed, Unit Counts 1,000-1,500 residential units with many vacant or underutilized properties between them,leaving no strong perception of a neighborhood or district.With future land use EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 71 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi .,OTENTIAL +R '-�� r Y JEXISTINGjStaples Street has the opportunity to becomeafocusofaf'ordable,workforcehousingtostrengthen the established Washington-Coles neighborhood. emphasis an open question,renewing housing job-intensive uses benefitingfrom visibility as the neighborhood's primary land use de- and accessibility.Staples Street can be extend- serves special emphasis for several reasons. ed through to the SEA District across disused It will leverage market opportunity,leverage portions ofthe Broadway sewage treatment city-owned and other vacant land with redevel- plant,making this a more visible and attractive opment potential,fit with the existing neighbor- corridor for business investment.One block to hood-scale street network,and revive a neigh- the west,the former Northside Manor prop- borhood with important history,particularly as erty has been closed following relocation of its a center of Corpus Christi's African-American affordable housing units to the Palms at Leopard, community.Portions ofthe neighborhood along and the property is up for sale.Depending on the 1-37 can also be appropriate for office or other purchaser,this too might provide possibilities for 72 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi new workforce housing in a band ofdevelopment PROPOSED PEDESTRIAN AND BICYCLE NETWORK near Staples Street.East of Washington-Coles, the I-37 and Harbor Bridge interchange will be transformed,enabling an at-grade intersection at Broadway that will improve connection to the Marina Arts District.With these changes new ---- __ re.e development opportunities will emerge be- ........ ...... ..mw ' «°p tween the Old Bayview Cemetery,I-37 and West Broadway facing the bayfront and well connected paoun " * "'•+-. to the Marina Arts,Uptown and SEA Districts. +• Repurposingthe formertrain depot building in this area,alongside new development,could bring activity and some amount of retail or din- T I' ing options to serve the community. dr IL TRANSPORTATION AND PUBLIC fly - REALM The extension of Staples Street to the SEA District will transform the street network of 4 Al Washing Lon- making Staples a focus of '� R+.... ••; ❑ 1M pedestrian and bike improvements in concert WASHINGTON-COLE$ with future development.Extension of Belden Y Street to intersect West Broadway should also be considered to add a third route connecting the �`'•:.,� ° neighborhood with the SEA District;this would �. require truncating the existing railroad spur to the former railroad station.Contingent on avail- +, able funding,rerouted public transit should take advantage of these new connections.A new east- «N �'•+.+ ��• west pedestrian and bicycle route,located along �;+'•- ' neighborhood streets and park space where The proposed pedestrian and bicycle network would be routed through Washington-Coles along Lake available,would provide another important new Street connecting west to Hillcrest,east to the waterfront and south to Uptown. spine in Washington-Coles.Portions ofthis and Uptown.The proposed route would tie into have been proposed as part ofthe Harbor Bridge the larger DADP pedestrian and bicycle network project;to be fully effective,the route should and greenway recommendation connecting to extend east to Shoreline Boulevard and west to the Bay,Uptown,Hillcrest,and North Beach via Hillcrest,with connections to the Harbor Bridge the new Harbor Bridge. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 73 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES 1 Targetedprioritiesfor a vibrant and connect Corpus Christi Hillcrest IDENTITY KEYTHEMES "Providing housing options and >Improved neighborhood opportunitiesfor current residents" >New recreationalpath connections to the New HarborBridge, "' Options for living in or out of the district illcrest has been a cherished residen- tial neighborhood in Corpus Christi for generations.Hillcrest now faces A •+'' a number of challenges that com- promise its long-term future.The new Harbor # Bridge will create a significant barrier to the east, t A 4 while surrounding port and industrial facilities # HILLCRESTPARN i to the north and west have long had negative im- pacts on the neighborhood.Over the past two to # 4 three decades,industrial entities have followed a consistent pattern of acquiring residential / properties and removing any buildings on them, generally west of Palm Drive.Some light indus- 4 1 trial uses are present on blocks adjacent to the r � oil refinery to the west,while blocks adjoining remaining residential properties are generally ii vacant.Blocks to the east that remain residential �+ have a mixture of occupied and vacant proper- 4il� ties.Houses vary in their state of repair;some are i in good condition,while others need repair or are y # abandoned.Of the 700 parcels in the neighbor- i* hood,there are approximately 400 housing units. Approximately 235 units are inhabited.Some are owner-occupied,while others are rental proper- ties.Blocks at the center ofthe neighborhood are occupied by Hillcrest Park,Bayview Cemetery MCTiI and the abandoned,fire-damaged Crossley Ele- mentary School. 74 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi Current residents and property owners have var- ied opinions on the best future for the communi- ty.Some desire to continue to inhabit Hillcrest, 11.4 due to their long term connection to the place and its people.Other residents and property owners acknowledge the neighborhood's signifi- cant challenges,and envision an ongoing transi- tion whereby residents move to other sustainable neighborhoods,and residential properties are sold to capture their value as industrial or com- HIIICRFSTPARR' mercial real estate. A 2009 City-sponsored design charrette with Hillcrest residents resulted in a vision plan for neighborhood revitalization supported by some " s current residents.The plan maintains existing vacant,industrially-owned properties west of '' a _ Palm Drive as abuffer from industrial uses,while 1, reinforcing residential blocks to the east with rehabilitation of existing homes and construc- tion of new ones on vacant lots amidst them. .7 New multi-family housing replacing the school , and around the park would restore a neighbor- t hood center.To date,no action has been taken on '� `^ " implementing the plan. There are two ongoing initiatives focusing on the 44 Hillcrest neighborhood.The Livability Plan,an initiative led by the Texas Department of Trans- Del Richardson and Associates,Inc.and current- portation to mitigate impacts ofthe new Harbor ly under way,offers current residents opportuni- Bridge,will identify strategies to enhance quality ty to sell their property,or receive rental assis- of life for residents who remain in Hillcrest.City tance,and move to an alternative neighborhood, Planning staff is actively participating in this ifthey wish to do so. Livability Planning Process with the community and remain committed to working on capturing the vision for the neighborhood.The Voluntary Acquisition&Relocation Program,managed by EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 75 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi I Hillcrest is home to more than 200 families Industrial uses serve as a backdrop to the Theformer Crossley Elementary School Hillcrest neighborhood building,damaged by a 2013 fire a ■ sram ■ w II�Rf I iJ1Y rJFI+}r' FN ,� f' z, Charrette concept and illustration of Hillcrest redevelopment vision from 2009 community charrette.To-date,implementation has not occurred of the plan envisioned. 76 1 PLAN CC :JWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi THIS PAGE INTENTIONALLY LEFT BLANK. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 77 D RArT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi SEA District IDENTITY KEYTHEMES "Promoting vibrant and accessibledestination destinations within a walkable setting" >Exciting newplaces to play, and District,live >Attractive,walkable public streets,waterfront,and gathering places >New street and recreational path connections to the Marina Arts Washington-Coles he SEA District is Corpus Christi's pre- mier sports,entertainment,and arts t I destination serving an ever-growing USS LESINUMN local and regional population.Plan- ning for the SEA District's future in light of the TEXAS STATE forthcoming Harbor Bridge relocation has been �ARIL an intensive,ongoing process,driven by the 2014 AMERICAN BANK Regional Urban Design Assistance Team(R/ I HTR wield UDAT)study.With the relocation of the Harbor , 1YAIEkSfREFT Bridge,the SEA District stands to evolve from *� eOYFdU FIYWl an auto-oriented destination area,separated t a CFNTFA 4 from the Marina Arts District by I-37,to a more *,�+ - - C[IrIRTH 1 - connected,accessible,and walkable setting.Key __ street and sidewalk improvements within the �•, `' _ _ ---- �momwkrs FF_ s - — - t district,and pedestrian street improvements and '•� ._____,__�_ -------- - 5— public transit to and from the area are critical •'. and should be implemented as soon as possible. �•■� _ In addition,there are significant development '•• .� opportunities between the Convention Center and Federal Courthouse which would add needed `•. WHATA URGER _ housing in areas facing Shoreline Boulevard and r , the waterfront and bring added vitality to both. #,• «i' .r�r��♦ ' SfJhlESSIREEi ' 78 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi LAND USE AND URBAN DESIGN Current land use in the SEA District is focused on entertainment uses to the north along the m" Bay and shipping channel.Opportunity exists to tie these destinations together through clear walkable connections particularly between Whataburger Field,Brewster Street Ice House, wLwOuo w k4twd the Museum of Science and History,Harbor Playhouse,the Art Museum and Convention Center.Excellent expansion opportunities for the Convention Center exist on surface parking parcels to the west of the facility(following a R/ UDAT recommendation),while more residential mixed-use opportunities are possible on un- derutilized or vacant lots between the Conven- tion Center and I-37.This is especially important in creating an active built environment of streets L and buildings internally along Chaparral and Wa- ter Streets,as well as having a formal built edge along Shoreline Boulevard with ground floor ` entries and other active uses that take advan- tage of the new Shoreline Boulevard park zone * Piboen IIEs Smrrurt and waterfront.Similarly,available land parcels - znAQr1 'R could be developed north of I-37 between the old and new Courthouse buildings adding much ICT DISTR needed vitality along this street segment.Land SU•�,...*,.DISTR _ uses along North Broadway(old US 181 right- of-way)figure prominently for future parking DEVELOPMENT PROGRAM and will be a focus of arrivals with walking and SEA DISTRICT transit connections to facilities for events. Building Type/Density Multifamilyresidentialwith structured parking,office,hotel Typical Height Range 3-5+stories Range of Development 1,590,000 sf Quantity(in SFJ Unit Counts 2,500-3,000 residential units, 50,000-100,000 sf office space, Convention Center hotel desirable EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 79 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi District and waterfront.A generous pedestrian The current I-37 and old Harbor Bridge TRANSPORTATION promenade should be included along the new highway interchange can be transformed Three key enhancements are recommended in street segment,which could be closed during once the bridge is relocated.A new gateway the SEA District to improve the transportation special events such as Ride-In movie nights. and traffic circle have the potential to allow for and pedestrian network: Extending Staples Street past West Broad- more clear and efficient wayfindingto the SEA • Addingan extension of Shoreline Boule- way through Washington-Coles to Fitzger- District,the Marina Arts District,and Uptown ald Street is recommended.Promotingthis while offering better pedestrian connectivity vard between the Convention Center and Art important access link from the west once the across the I-37 corridor.The current south Museum past the Water Gardens and connect- Harbor Bridge is relocated would relieve traffic approach to the bridge can be rebuilt as North ing to Port Street will complete the Shoreline during events and connect Uptown,Washing- Broadway Street,which existed here prior to loop and tie the SEA District to the Marina Arts ton-Coles,and the SEA District. bridge construction,and cross-streets linking POTENTIAL Convenient Strongercomections Enhanceddevelopment Expanded trafficflow among districts address sidewalks A C u A roundabout concept replaces the highway interchange where 1-37 today meets the current Harbor Bridge—this would create efeient trafc flow and anew gateway to Corpus Christi. 80 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLA... I OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi Tancahua to Mesquite and other north/south porate pedestrian and bike improvements across with a station at the Solomon Ortiz Center com- streets.Broadway can connect directly into the the 1-37 corridor to improve access and wayfind- plete the SEA District access network south leg of the traffic circle,improving links to ing from the Marina Arts District.Programmati- Uptown and the Marina Arts District. cally,an"event traffic management"plan should be put into place that coordinates the work ofthe Port Street can also take on added significance as City,TxDOT,RTA,and event hosts,along with a way to enter the SEA District from the west— event signage and other directional assistance to the street has already been improved to accom- parking and event facilities.Public transit in the modate high traffic volumes generated by events form of a dedicated Shoreline Boulevard circula- and industry.The primary north/south local for and recruiting a water ferry or similar service streets of Chaparral and Mesquite should incor- V 771 Tr IL .. f . y y yfT A4J. ;'1k'+•r.3. s xl � 4 F � _ = w r y 9 L «N A ! RNs- EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 81 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi STREETS AND PUBLIC REALM PROPOSED PEDESTRIAN AND BICYCLE NETWORK Street and walkability improvements should be an immediate priority in the SEA District. "` �, ,•` Making the district more walkable and con- •-.---.-��_�.�-- ,�......� .�.�,.... ; nected through good streets and shaded,well-lit _ ,xsu �+ „ •..T "4..... - sidewalks will improve the identity of the SEA _ I District as a place to stroll and circulate between S+ +�+,. •'•• '+ t- attractions,creating dynamic synergies betweenu, ,; uses as opposed to a series of stand-alone facili- tie s.Streetscape work should focus first on both 1` 7 sides of Brewster Street between the Ice House and the Convention Center(Tancahua to Chap- arral),followed by both sides of Chaparral to hap-arral),followedbybothsidesofChaparralto *!'• ;� n Hirsch,and finally Hirsch and Mesquite Streets. The recreation trail concept in the DADP should be integrated with recent park improvements mei:° Vii_, L.,.. along Shoreline Boulevard between I-37 and Re- �:� l yi T saca Street.A new promenade around the Con- vention Center and Art Museum and reachingV A! to a new ferry stop at the Solomon Ortiz Center I tx ti extends the trail and is recommended to allow for ferry transit connectivity and a place for visitors to get close to the water(leveraging exception- A al views to the USS Lexington and Texas State Aquarium across the channel).Mesquite Street '`• ... ,. becomes part of the recreational trail network as well between Heritage Park and the Marina Arts �`'• •• District,with a dedicated bike lane or shared bike lane as space allows,alongside enhanced land- scape,lighting,and signage.I-37 should become a unique landscaped gateway to the Bay,tying into a new traffic circle at the former I-37 and old Harbor Bridge interchange,while the recreation trail would be integrated along Belden Street between Washington-Coles and the waterfront. 82 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi POTENTIAL I i' EXISTING The area between the Convention Center and Art Museum of South Texas,looking towards the new HarborBridge and showing an activated space with arts and Shoreline Boulevard connection to _. Port Street. EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 83 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi North Beach IDENTITY KEYTHEMES "Beach and attractions" >Easy access to spectacular beachfront >Exciting opportunities to explore nature and history >A unique dining,shopping,and hotel destination „neighborhood„ orth Beach is atourist destina- tion and beachfront residential NORTH EIAEH communitywith a mixture of single family homes,condominiums,and hotels extending north from the Texas State Aquarium and USS Lexington along Corpus Christi Bay.Distinct from the SEA District and dL Marina Arts District,yet still connected to them by the Harbor Bridge,North Beach is a unique place in the City to experience long,uninterrupt- ed expanses of sand,the distant horizon line of kk the Bay,the open sky,and the water's edge.Re- cent renovations to waterfront hotels and restau- F ISS LEIRNUTUN rants,new single family residential construction n to the north—with raised first floors and other TEXAS STATE flood prevention design elements—and projects .1 ARUARIUM k such as the Aquarium expansion and improve- ments to North Shoreline Boulevard in front of NEIrlAR�R'•., *r the Lexington are changing the face of North HINGE s t Beach.The biggest change will come through the relocation ofthe Harbor Bridge which will transform the circulation patterns between North Beach and the Downtown area.Reloca- tion of on/off ramps will free up land previously _ occupied p y highway infrastructure that can be � re-purposed or possibly redeveloped.Recogniz- OW ingthe previous planning efforts and extensive community input embedded in the North Beach Development Plan(2011)and the North Beach 84 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi +- •'moi - • i Redevelopment Initiative(2017),strategic initia- tives are recommended to promote continued connectivity and to reinforce the identityof North Beach as a livable,inviting,"can't- miss"local and regional destination.Both North Beach Plans,available separately,should be used to help guide these initiatives. Va, •. LAND USE AND URBAN DESIGN North Beach development alongand offthe waterfront is a reflection of the land's proximity to the bay and vulnerability to flooding and storm events.Raised first floors,parking underneath, and other flood mitigation approaches are a common sight,and future development should carefullfollow Cit zoning,standards,and r�tTln r a[kv�Ir mar Y- Y g IN�+7crWrTr guidelines.Development opportunities exist in the northern area of North Beach near Beach DEVELOPMENT PROGRAM Avenue,where recent single-family cottage NORTH BEACH development can expand further.Additional Building Type/Density Multifamily residential units sites in the central and southern portions of and hotels with surface parking the district will become available for potential (some below buildings) development when the current Harbor Bridge Typical Height Range 2-5 stories infrastructure is removed.Opportunities here Range of Development 1,860,000 sf could include hotels,other tourism-related uses, Quantity[in SF] and surface parking serving the beach and other Unit Counts 1,000-1,500 residential units visitor destinations.The DADP does not recom- EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 85 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi POTENTIAL DEVELOPMENT SITES r Native coastal plantings in the median ofTimon and Surfside Boulevard can help to create a new «N North Beach Boulevard"with other pedestrian and bike improvements. mend future development in sensitive lands west and lightingto ensure a bold and recognizable improvements are planned along North Shore- of the Harbor Bridge along the interior canal in entrance point.Sculptural elements that reflect line Boulevard to link the existing North Beach order to encourage natural landscape and water the Texas State Aquarium and Lexington could Beachwalk to the ferry dock,USS Lexington, retention areas,and to focus any development in also be located here within the median ofTimon Texas State Aquarium and other visitor destina- areas with existing structures and infrastructure. and Surfside Boulevard for wayfinding.A new tions.This in turn will link to the Beach Avenue Portions ofthat infrastructure have been upgrad- -North Beach Boulevard"should also be cre- improvements,extending to new wetlands,bird ed,and additional improvements will be needed ated,through the redesign of existing Timon and watching park,and beach access in the northern to accommodate growth. Surfside Boulevards with street upgrades,a new portion of North Beach and to the recreation trail wide multi-purpose path for pedestrians and along the new Harbor Bridge.As funding allows, bicyclists(as part of the larger city-wide pedes- public transit bus service from North Beach TRANSPORTATION,STREETS,AND trian and bicycle trail network),and planting to Downtown and other employment centers PUBLIC REALM the center median with a rich palette of native, should be maintained and upgraded as part ofthe First among these will be the creation of a coastal plant species.The Harbor Bridge recre- Harbor Bridge construction. welcoming Beach Avenue gateway at the new ational trail can tie into this greenway at Gulf- point of entry to North Beach off the Harbor spray Avenue.A ferry or similar service should Bridge.Beach Avenue should be improved with be established to connect North Beach to the new pathways,destination signage,plantings, SEA District and downtown marina.Pedestrian 86 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES Targetedprioritiesfor a vibrant and connect Corpus Christi Vt PROPOSED PEDESTRIAN AND BICYCLE NETWORK y L+. MIINGBF.ADIWALK Sk- NEWPB]FSTRIAN •,AIUIII CYaFSRWTFS + .0 . J POTENTIAL ��"�+�_ Additional NorthMu16-use path to Signage and landscaping Beach gatewaysign beach and bridge introducing visitor destinations - _ - b U3 O Anew`Beach Avenue Gateway"would welcome JF visitors from the proposed Harbor Bridge on/off - __ "� •' ramp and provide an exciting orientation point as well as a recreational link to the beach. FT r� -- EXHIBIT A PLAN CC .;WNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 87 DRAFT DISTRICT FRAMEWORK AND REINVESTMENT PRIORITIES I Targetedprioritiesfor a vibrant and connect Corpus Christi 88 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A Development Guidelines for TIRZ #3 & Connecting Corridors EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 89 DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS his chapter provides a framework for future design guidelines for new development focused in TIRZ#3,but expanding to others high-traffic areas.The design concepts are intended to promote` high-quality new development that promotes a walkable,attractive,mixed- use environment and maximizes value for new projects and properties around them.These concepts build off guidelines adopted by the TIRZ#3 Board as part of incentive requirements and emphasize walkability and hu- man scale.The guidelines vary according to three distinct types of streets that occur in the TIRZ,that have different implications for program,design and vehicular access for properties that face them.The diagram at right indicates street type,and the following pages explain the design concepts for each type,with visual examples. 90 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS _.L pn 4. A — EXHIBIT A PLAN CC -WNTOWN AREA DEVELOPMENT PLi. OCTOBER 17,2017 91 DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS Primary Walking Street priority location for retail, other active ground floor uses, KEY STREETS&SEGMENTS and a safe and inviting walling environment;vehicular ' Chaparral from Kinney to Hirsch • Leopard from Staples to Upper Broadway access and parking should be discouraged • Shoreline from Park to Hirsch • Starr,Peoples,Schatzel1,and Lawrence DESIGN CHARACTER CONCEPT:PEOPLES STREET FAQADE IMPROVEMENT CONCEPT:CHAPARRAL STREET ' I _ I i M _ ►. � _ M r 92 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAIN OCTOBER 17,2017 EXHIBIT A DRAFT DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS Flexible Access Street desirable location for occupied commercial and/or KEY STREETS&SEGMENTS residential buildings featuring a regular occurrence Most east-west streets downtown • Chaparral from Kinney to Park of windows and doors, with flexibility to include some • Water Street from Resaca to Kinney vehicular access for parking or service Mesquite from Brewster to Cooper's Alley • Tancahua from Port to Padre,then from Buffalo to Furman DESIGN CHARACTER CONCEPT:KINNEY STREET FAQADE IMPROVEMENT CONCEPT:WILLIAM STREET I � HOUR O■ r EXHIBIT A PLAN CC :OWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 93 DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS Gateway Street or Boulevard desirable location for occupied commercial and/or KEY STREETS&SEGMENTS • residential buildings featuring a regular occurrence of New Aubrey(former IH 37)east of Carrizo• Agnes and Laredo windows and doors, enhanced by prominent landscape plantings;vehicular access absent or minimal DESIGN CHARACTER CONCEPT:SHORELINE BOULEVARD&1-37 kj 94 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A DRAFT DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS ing of all elements,including bays,fenestration, x GENERAL GUIDELINES and materials,and any patterns created by their .•J� BUILDING FAQADE PLACEMENT arrangements. Building fagades—especially fagades with prima- Avoid large blank walls along visible fagades ry building entrances—should be located near the wherever possible.Where expanses ofblank sidewalk of ad-joining streets.The fagade should walls,re r possible.Wls,or garage facades are generally be located is l within ten feet—or unavoidable,include uses or design treatments other dimension typical of adjacent traditional at the street level that have human scale and are - buildings—ofthe back of sidewalk or property line for most of its length(up to fifteen feet may designed for pedestrians.These may include fea- TREES AND ENVIRONMENT be appropriate along a Gateway Street or Bou- tures like landscaped areas or display windows. Incorporate on-site natural habitats and land- Building materials should be able to withstand levard).Facades at or close to the sidewalk are scape elements such as:existing trees,native generally preferred where retail or other activethe salt and moisture that is present in the air, plant species or other vegetation into project publicly accessible uses occur at ground level. due to downtown's Bayfront location. design.Consider relocating older trees and veg- Deeper setbacks ofup to ten feet are appropriate OFF-STREET PARKING AND VEHICULAR etation if retention is not feasible.The planting where housing occurs at ground level.Site area ACCESS of native shade trees throughout the district is between the fagade and the sidewalk should be Off-street parking should be located and de- encouraged and will create a comfortable public landscaped with plantings and/or paved walk- realm. ing/seating areas as appropriate to building use. signed to have minimal presence,hany,along Parking should not be located between the fagade streets and other public spaces.Where a parcel SIDEWALKS and the street,particularly along Primary Walk- abuts two or more streets of different types, Sidewalks along Primary Pedestrian Streets ing Streets. vehicular access and parking should preferably should aim to include at least 8 feet of clear width be located on a Flexible Access Street or Gate- available for walking,in addition to street trees, BUILDING FAPADE TREATMENT way Street or Boulevard,rather than a Primary planting strips and paved access to on-street Ensure that all fagades are attractive and well Walking Street. parking.Additional paved area along building proportioned through the placement and detail- fagades may be used for outdoor dining,retail sales or other use related to adjacent buildings. v EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 1 95 DEVELOPMENT GUIDELINES FOR TIRZ#3&CONNECTING CORRIDORS 96 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFT Transportation EXHIBIT A PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 1 97 R TRANSPORTATION r+� �a r+ HARBOR BRIDGE OPPORTUNITIES +' The Harbor Bridge Relocation Project opens up significant opportunities to reconnect streets,add new streets,and promote better bicycle and pedestrian connectivity be- tween districts and neighborhoods.In particular,I-37 between the Crosstown Express- way(SH 286)and the waterfront can be reimagined as a landscape city arterial street, given that previous traffic volumes will be greatly reduced along this corridor.Similarly the previous I-37/01d Harbor Bridge interchange will no longer be needed.This old in- terchange has the potential to become a new roundabout and gateway that links together Downtown,Uptown,Washing Lon- and the SEA District.In this scenario,North Broadway connects the roundabout and Whataburger Field alongthe old Harbor Bridge corridor with local linkages(Belden,Power,Resaca)being made across the former right-of-way.An extension of Staples to meet Fitzgerald Street would open up another important new connection to and from the SEA District.Finally,a recreation trail can also be accommodated on the new bridge,linking Downtown areas to North Beach. 7.i 1 I' 98 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT TRANSPORTATION R a+ ii ii ii ii ii W.ef: Y� ar !� ii M i 1 is s „ ,1 �n ff •*moi ii EXHIBIT A PLANiCtri WNTOWN AREA DEVELOPMENT PLA F OCTOBER 17,2017 99 R TRANSPORTATION DOWNTOWN AREA ACCESS IMPROVEMENTS Access to the SEA District,Downtown,Uptown,North Beach,Washing Lon- Hill- crest,and other areas can be greatly improved with the relocation of the Harbor Bridge and other complementary strategies.Port Avenue could take on added significance as a way to enter the SEA District from the west.This street has already been improved to ac- commodate high traffic volumes generated by special events and industry.Staples Street could be extended past West Broadway and into the SEA District connecting to Fitzger- ald Street once the former sewage treatment facility is completely vacated.Agnes Street (as a entrance route)and Laredo Street(as a departure route)deserve special emphasis as important gateways to Uptown,Downtown and adjacent areas today and,more so when the new Harbor Bridge is in operation.Streetscape and signage improvements,as well as incentives for reinvestment in adjacent real estate,are warranted to enhance the transportation and land use functions of this gateway corridor. Chaparral and Mesquite should work together as extensions of Agnes and Laredo,to connect the Crosstown Expressway with both the Marina Arts District and the SEA District.Chaparral and Mesquite should also function as welcoming walking and biking connections between the Marina Arts and SEA Districts.Critical pedestrian and bike fa- cility improvements within the SEA District itself would greatly enhance circulation be- '! tween these activity centers.Priority streets include Brewster Street,Chaparral,Hirsch, and Mesquite.North Beach will lose its Burleson Street bridge access with Harbor Bridge relocation,and connect to the bridge solely at Beach Avenue.Thus improvements are needed to Beach Avenue,and Timon and Surfside Boulevards from Beach Avenue to Breakwater Avenue,for vehicles as well as pedestrians and cyclists. I Programmatically,an"event traffic management"plan should be put into place that co- ordinates the work of the City,TxDOT,CCRTA,and event hosts,along with event signage and other directional guidance to parking and event facilities.Strategies to complete the n SEA District access network include public transit in the form of a dedicated Shoreline Boulevard circulator,and establishing a public or public-private water ferry or similar service. 100 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT TRANSPORTATION 1, --------------------- -- i x .. i i; AY EXHIBIT A C DOWNTOWN AREA DEVELOPMENT PLA4, OCTOBER 17,2017 101 L4. R TRANSPORTATION TRANSIT ALTERNATIVES 1 `A Public transit in Corpus Christi will playa key part in enhancing the Downtown areas. A dedicated circulator shuttle along Shoreline Boulevard should be added to link hotels and visitor destinations.Existing north/south and east/west bus routing should be en- hanced to be more clear and efficient.In addition,awater ferry or similar service should be established between the Marina,SEA District,and North Beach to improve connec- tivity.The diagram at right indicates where these networks might intersect and where stations can be located for access and transfers.The corridors of Chaparral,Tancahua, Carancalma,and Staples are the primary north/south routes,while Leopard and Lipan provide the primary east/west routes between Uptown and the Marina Arts District. The new Harbor Bridge alignment also accommodates an important bus route linking North Beach and Downtown area destinations.As funding permits,bus operation hours should be extended to accommodate workers and visitors traveling to and from hospital- ity and dining destinations. 102 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A �N DRAFT TRANSPORTATION t -------------------------------- •J' 4 sripIr(wuo r?,4 4 EXH BJ. A PLAN CC OCTOBER 17,2017 103 R TRANSPORTATION PARKING MANAGEMENT With nearly 16,800 parking spaces—including 4,33'7 on-street spaces and 12,642 off- ammum um street spaces in private garages and surface lots in the Uptown District,Marina Arts Dis- LHU trict,Bayshore Neighborhood,and SEA District—there is an abundant supply of parking that can be leveraged as an asset for future development.In the near-term,some surface e lots can potentially serve new development nearby,while others may be prime candi- dates for redevelopment.In those instances,new parking could be contained on site within the new development(as in the Cosmopolitan Apartments)or be accommodated s # in nearby garages.Other key strategies include: • Sharing of parking by uses with different demand peaks(such as daytime office work- er demand and evening/weekend resident demand)through private agreements and/ + J or district parking policy 5}y • Rationalizing the public on-street parking system by establishing a consistent meter- i - ing policy ` • Enhancing the Parking Advisory Committee with additional professional parking expertise • Reinvesting parking proceeds into maintaining and building additional parking as LEGEND needed ila 1.• � On North Beach,enhance the visitor experience with improved parking options serving ~ the beach and other attractions. �. 'a Tfir o s *.. e Orpfun manqwmml r +�'` t tA..WWO) swoo MAN ow �f .C:-3,14 104 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN OCTOBER 17,2017 EXHIBIT A , `, --�— TRANSPORTATION JA HAM . Ilk � �4 P91 . q _ tj f 1 e r t „ 111 325 IL L —w yo f •f fIJ�- ��' ��r S I ��� r tl` ,S@�. Y � �E filY, •� Y1.5� 3 ri.`7L ' 1 All sY log ` '�`,y,_ °��„ ;• a �'Y'��r,� ". _;_ Ery -� �Y,'�k hp b,rtx 4 �'�.;� •,#'� }`i` _I�,,r 'Y�,Y r Y EXHIB�T-a,.; 'kLAN CC _-. 1��$ i - — OCTOBER 177,2 105 DRAFT Abbreviations used in this document CCCVB Corpus Christi Convention&Visitors Bureau CCRTA Corpus Christi Regional Transportation Authority DADP Downtown Area Development Plan DMD Downtown Management District NBCA North Beach Community Association REDC Corpus Christi Regional Economic Development Corporation SEA District Sports/Entertainment/Arts District TAMU-CC Texas A&M University-Corpus Christi TIRZ Tax Increment Reinvestment Zone TxDOT Texas Department of Transportation UNI Uptown Neighborhood Initiative 106 1 PLAN CC DOWNTOWN AREA DEVELOPMENT PLAN I OCTOBER 17,2017 EXHIBIT A DRAFIr area, love 0 men Ian ('ORPIIS ( 14PICTI p p APPENDIX: REAL ESTATE MARKET ANALYSIS DOCUMENTS FOR HOUSING, OFFICE,HOTEL AND RETAIL g v*5 ew 1. w - ` 4°opus eti,R� OCTOBER 17, 2017 Downtown J AREA DEVELOPMENT PLAN EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL The Downtown Corpus Christi Study Area City of Corpus Christi Nueces County, Texas October,2014 Conducted by ZIMMERMANNOLK ASSOCIATES,INC. P.O.Box 4907 Clinton,New Jersey 08809 E EXHIBIT B ZIMMERMANNOLK ASSOCIATES, INC. P.O.Box 4907 Clinton,New Jersey 08809 908 735-6336 www.ZVA.cc•info@ZVA.cc Research&Strategic Analysis STUDY CONTENTS An Analysis of Residential Market Potential 1 Introduction 1 Citywide Market Potential 3 Market Potential for the Downtown Corpus Christi Study Area 4 Table 1: Annual Market Potential 6 Target Market Analysis 7 Table 2: Downtown Residential Mix By Household Type 10 The Current Context 11 Multi-Family For-Rent— 11 Table 3: Summary of Selected Rental Properties 15 Multi-Family and Single-Family Attached For-Sale— 21 Table 4: Summary of Selected For-Sale Multi-Family and Single-Family Attached Properties and Listings: Units Priced at$200,000 or More 22 —Single-Family Detached For-Sale— 25 Table 5: Summary of Selected For-Sale Single-Family Detached Properties 26 Market-Rate Rent and Price Ranges: The Downtown Corpus Christi Study Area 29 —Rental Distribution— 29 Table 6: Target Groups For New Multi-Family For-Rent 30 —For-Sale Distribution— 31 Table 7: Target Groups For New Multi-Family For-Sale Units 32 Table 8: Target Groups For New Single-Family Attached For-Sale Units 33 Table 9: Optimum Market Position: 1,850 New Market-Rate Dwelling Units 38 Downtown Study Area Absorption Projections 41 Study Area Building and Unit Types 43 Methodology 55 Assumptions and Limitations 66 Rights and Study Ownership 67 EXHIBIT B ZIMMERMANNOLK ASSOCIATES, INC. P.O.Box 4907 Clinton,New Jersey 08809 908 735-6336 www.ZVA.cc•info@ZVA.cc Research&Strategic Analysis AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL The Downtown Corpus Christi Study Area City of Corpus Christi, Nueces County, Texas October, 2014 INTRODUCTION The purpose of this study is to identify the market potential for newly-introduced market-rate multi- family and single-family attached housing units that could be leased or sold in the Downtown Corpus Christi Study Area. The Study Area includes the Corpus Christi zip codes of 78401 and 78402, encompassing the traditional downtown and the SEA district, as well as Washington Coles, Uptown, and North Beach. The depth and breadth of the potential market have been determined using Zimmerman/Volk Associates' proprietary target market methodology. The target market methodology is particularly effective in defining housing potential because it encompasses not only basic demographic characteristics, such as income qualification and age, but also less-frequently analyzed attributes such as mobility rates, lifestyle patterns and household compatibility issues. The remarkable transformation of American households (particularly the emerging predominance of one- and two-person households) over the past decade, combined with steadily increasing traffic congestion and unstable gasoline prices, has resulted in significant changes in neighborhood and housing preferences, with major shifts from predominantly single-family detached houses in lower- density, auto-oriented suburbs to a diverse mix of detached houses, attached houses and higher- density apartments in downtowns and walkable, mixed-use traditional neighborhoods. This fundamental transformation of American households is likely to continue for at least the next decade, representing an unprecedented demographic foundation on which cities can re-build their downtowns and in-town neighborhoods. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 2 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 For this analysis, Zimmerman/Volk Associates examined the following: • Where the potential renters and buyers for new and existing housing units in the City of Corpus Christi and the Downtown Study Area are likely to move from (the draw areas); • How many have the potential to move to the Downtown Study Area if appropriate housing units were to be made available (depth and breadth of the market); • What their housing preferences are in aggregate (rental or ownership, multi-family or single-family); • Who is the potential market for new housing in the Downtown Study Area (the target markets); • What their alternatives are (new construction or adaptive re-use of existing buildings in the Corpus Christi market area); • What they will pay to live in the Downtown Study Area (market-rate rents and prices); and • How quickly they will rent or purchase the new units (market capture/absorption forecasts over the next five years). The target market methodology is described in detail in the METHODOLOGY section at the end of this study. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 3 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 CITY-WIDE MARKET POTENTIAL Analysis of migration, mobility, socio-economic and lifestyle characteristics of households currently living within defined draw areas is integral to the determination of the depth and breadth of the potential market for new and existing housing units within the City of Corpus Christi. Historically, American households, more than any other nation's, have been extraordinarily mobile. In general, household mobility is higher in urban areas; a greater percentage of renters move than owners; and a greater percentage of younger households move than older households. Nationally, one result of the Great Recession has been a considerable reduction in household mobility. However, the City of Corpus Christi, where an average 18 percent of households moved every year in recent years, has a considerably higher mobility rate than the national average. An understanding of these mobility trends, as well as analysis of the socio-economic and lifestyle characteristics of households currently living within defined draw areas, is integral to the determination of the depth and breadth of the potential market for housing units within a given area. The draw areas are derived primarily through migration analysis (using the latest data provided by the Internal Revenue Service, and supplemented by the most recent American Community Survey data), but also incorporate information obtained from real estate brokers, sales and leasing agents and other knowledgeable sources, as well as from field investigation. As derived from migration analysis then—based on the most recent taxpayer records from the Internal Revenue Service—the draw area distribution of the potential housing market (those households likely to move both within and to the City of Corpus Christi) would be as follows (see also the METHODOLOGY section at the end of this document): Market Potential by Draw Area City of Corpus Christi, Nueces County, Texas City of Corpus Christi: 61.2% Balance of Nueces County: 5.6% San Patricio,Bexar,Harris,Kleberg, and Jim Wells Counties: 8.3% Balance of US: 24.9% Total: 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. ZIMMERMAN/VOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 4 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 MARKET POTENTIAL FOR THE DOWNTOWN CORPUS CHRISTI STUDY AREA The target market methodology also identifies those households that prefer living in downtowns and other urban neighborhoods. After discounting for those segments of the city's potential market that typically choose more suburban, exurban and/or rural locations, and including only households in target market groups with annual incomes above $70,000 (those households with the ability to rent or purchase new market-rate dwelling units), the distribution of draw area market potential for newly-created housing units within the Downtown Study Area would be as follows (see also Appendix One, Table 9): Market Potential by Draw Area DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas City of Corpus Christi: 60.8% Balance of Nueces County: 1.0% San Patricio,Bexar,Harris,Kleberg, and Jim Wells Counties: 6.6% Balance of US: 31.6% Total: 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. As determined by the target market methodology, an annual average of over 3,400 younger singles and couples, empty nesters and retirees and compact families, represent the potential market for new housing units within the Downtown Corpus Christi Study Area (see again Appendix One, Table 9). To create the appropriate densities in the Downtown, residential development in the Study Area should concentrate on the development of higher-density housing types including: • Rental lofts and apartments (multi-family for-rent); • For-sale lofts and apartments (multi-family for-sale); and • Townhouses, rowhouses, live-work or flex units (single-family attached for-sale). Excluding households with preferences for single-family detached units, then, an annual average of 2,785 households currently living in the defined draw areas represent the pool of potential renters/buyers of new housing within the Downtown Study Area each year over the next five years (see Table 1). This number represents less than 12 percent of the city-wide annual market potential of 23,745 households. ZIMMERMAN/VOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 5 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Based on the tenure and housing preferences of those 2,785 draw area households, the distribution of rental and for-sale multi-family and for-sale single-family attached housing types would be as shown on the following table: Annual Potential Market for New Housing Units Higher-Density Housing Units DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas NUMBER OF PERCENT HOUSING TYPE HOUSEHOLDS OF TOTAL Rental Multi-Family 1,480 53.1% (lofts/apartments,leaseholder) For-Sale Multi-Family 715 25.7% (lofts/apartments,condo/co-op ownership) For-Sale Single-Family Attached 590 21.2% (townhouses/rowhouses,fee-simple ownership) Total 2,785 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 1 Annual Market Potential Derived From New Unit Purchase And Rental Propensities Of Draw Area Households With The Potential To Move To The Downtown Corpus Christi Study Area Each Year Over The Next Five Years Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas City of Corpus Christi,Balance of Nueces County,Regional Draw Area,Balance of the U.S. Draw Areas Total Target Market Households With Potential To Rent/Purchase In The City of Corpus Christi,Nueces County,Texas 23,645 Total Target Market Households With Potential To Rent/Purchase In The Downtown Corpus Christi Study Area 2,785 Annual Market Potential Multi- Single- . . . . . .Family. . . . . . . . .Family. . . . .Attached. . For-Rent For-Sale All Ranges Total Total Households: 1,480 715 590 2,785 (Mix Distribution}: 53.1% 25.7% 21.2% 100.0% NOTE: Reference Appendix One,Tables 1 Through 11. SOURCE: The Nielsen Company; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 7 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 TARGET MARKET ANALYSIS As determined by the target market analysis, the annual potential market—represented by lifestage— for new housing units in the Downtown Corpus Christi Study Area can be characterized by general unit type as shown on the following table (see also Table 2): Downtown Residential Mix By Household Type DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas PERCENT RENTAL FOR-SALE FOR-SALE HOUSEHOLD TYPE OF TOTAL MULTI-FAM. MULTI-FAM. SF ATT. Empty-Nesters&Retirees 19% 13% 29% 22% Traditional& Non-Traditional Families 13% 11% 7% 23% Younger Singles&Couples 68% 76% 64% 55% Total 100% 100% 100% 100% SOURCE:Zimmerman/Volk Associates,Inc.,2014. At 68 percent, younger singles and couples make up by far the largest share of the market for new housing in the Downtown Study Area. Among the principal factors in the larger share of the market held by younger households are: • Their higher mobility rates—young people tend to move much more frequently than older people; • Their strong preference for urban living, particularly lofts; • Their preference for rental units, resulting from their negative experiences during the recent housing recession; • The reduced mobility of older singles and couples because of their inability, or reluctance, to sell their existing units; and • The fact that, outside of cities like New York, Chicago, or San Francisco, downtown dwelling units are rarely the choice of traditional families, in large part because of concerns about school quality and the lack of private outdoor space in which their children can play unsupervised. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 8 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 This younger market includes a variety of white-collar professionals—the VIPs, Upscale Suburban Couples and Fast-Track Professionals; young entrepreneurs, artists, and "knowledge workers"—the Entrepreneurs, e-Types, and New Bohemians; as well as recent college graduates—Twentysomethings;. Approximately half of the younger single and two-person households would be moving to the Downtown Study Area from elsewhere in the city, 10 percent from the regional draw area, and the remaining 40 percent from elsewhere in Texas or the country. Older singles and couples (empty nesters and retirees) comprise 19 percent of the potential market for new Downtown Study Area housing units, approximately 52 percent of whom are currently living in other Corpus Christi neighborhoods. Empty nesters and retirees—ranging from the most affluent Old Money and Urban Establishment households, to the upper-middle-income Small-Town Establishment, Cosmopolitan Elite, Suburban Establishment, Affluent Empty Nesters, New Empty Nesters, and Cosmopolitan Couples, to the middle- income Middle-Class Move-Downs, Mainstream Retirees, and No-Nest Suburbanites—represent a smaller than typical potential market for new housing units in the Study Area; the collapse of the ownership housing market in 2007-2008 has had a significant impact on this market segment, as a larger number of older households are choosing not to move. At 13 percent, the third general market segment—family-oriented households (traditional and non- traditional families)—includes just three target household groups: Unibox Transferees, Full-Nest Suburbanites, and Full-Nest Urbanites. More than 30 percent of the traditional and non-traditional family households that represent the potential market for new housing units in the Downtown Study Area will be moving from outside Corpus Christi or Nueces County. Depending on housing type, family-oriented households, many of whom are compact families or single parents with one or two children, will comprise between seven percent (for-sale multi-family units) and 23 percent (for-sale single-family attached units) of the market for new housing units within the Downtown Study Area. In 2014, the primary target groups, their estimated median incomes, and estimated median home values, if owned, are: ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 9 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Primary Target Groups (In Order of Median Income) DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas HOUSEHOLD MEDIAN MEDIAN HOME TYPE INCOME VALUE(IF OWNED Empty Nesters&Retirees Old Money $155,100 $306,200 Urban Establishment $124,000 $301,000 Small-Town Establishment $111,700 $195,800 Cosmopolitan Elite $110,200 $174,500 Suburban Establishment $100,500 $163,100 Affluent Empty Nesters $99,100 $173,400 New Empty Nesters $98,000 $135,800 Cosmopolitan Couples $81,000 $168,400 Middle-Class Move-Downs $73,000 $109,200 Mainstream Retirees $72,400 $127,400 No-Nest Suburbanites $70,500 $101,900 Traditional&Non-Traditional Families Unibox Transferees $118,800 $161,100 Full-Nest Suburbanites $100,100 $131,800 Full-Nest Urbanites $79,800 $158,500 Younger Singles&Couples The Entrepreneurs $143,400 $241,400 e-Types $125,600 $289,800 The VIPs $104,200 $166,000 Fast-Track Professionals $103,800 $183,200 Upscale Suburban Couples $94,600 $140,700 New Bohemians $78,600 $244,700 Twemysomethings $72,400 $117,600 NOTE: The names and descriptions of the market groups summarize each group's tendencies-as determined through geo-demographic cluster analysis-rather than their absolute composition. Hence, every group could contain "anomalous" households, such as empty-nester households within a"full-nest"category. SOURCE:Zimmerman/Volk Associates,Inc.,2014. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 2 Downtown Residential Mix By Household Type Derived From New Unit Purchase And Rental Propensities Of Draw Area Households With The Potential To Move To The Downtown Corpus Christi Study Area Each Year Over The Next Five Years Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas Multi- Single- . . . . . .Family. . . . . . . . .Family. . . . .Attached. . Total For-Rent For-Sale All Ranges Number of Households: 2,785 1,480 715 590 Empty Nesters &Retirees 19% 13% 29% 22% Traditional& Non-Traditional Families 13% 11% 7% 23% Younger Singles&Couples 68% 76% 64% 55% 100% 100% 100% 100% SOURCE: The Nielsen Company; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 11 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 THE CURRENT CONTEXT Multi-Family For-Rent— Thirty-four rental properties located within the Corpus Christi city limits have been included in the rental survey. (See also Table 3 at the end of this section.) Five of the 34 properties are located in the Downtown Study Area. Phase One of Bay Vista Apartments, a 169-unit property located on the southern edge of the Study Area, is leasing one-bedroom/one-bath units from $1,035 to $1,535 per month for 697 to 940 square feet of living space ($1.48 to $1.63 per square foot); and two-bedroom/two-bath apartments containing 1,059 to 1,270 square feet ranging between $1,410 and $2,185 per month ($1.33 to $1.72 per square foot). Amenities at Bay Vista include clubhouse, business center, conference center, fitness center, and pool. Phase Two, the 164-unit Bay Vista Pointe Apartments, the newest community in the Downtown Study Area, is now leasing, with rents at $1,035 to $1,340 per month for 616- to 905-square-foot one-bedroom, one-bath apartments ($1.48 to $1.68 per square foot) and with two-bedroom, two- bath units leasing for $1,475 to $2,135 per month for 1,057 to 1,247 square feet of living space ($1.40 to $1.71 per square foot). In addition to a fitness center, conference center, and business center, property amenities include an internet cafe, a swimming pool, and waterfall. Nueces Lofts, the redevelopment of the former Sherman building, is leasing 64 studios, one- and two-bedroom loft apartments. Rents for 556- to 786-square-foot studios range between $790 to $1,025 per month (between $1.30 and $1.42 per square foot); one-bedroom/one-bath lofts lease for $950 to $1,200 per month for 663 to 763 square feet of living space ($1.43 to $1.57 per square foot) and two-bedroom/two-bath 916- to 1,161-square-foot units rent for $1,300 to $1,650 per month ($1.42 per square foot). Nueces Lofts provides a fitness center for its residents. Retama Vista Apartments is currently the smallest Downtown property, with just 16 units. Rents start at $710 per month for a 592-square-foot one-bedroom/one-bath apartment and go as high as $1,220 per month for a two-bedroom/one-bath unit containing 1,023 square feet of living space ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 12 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 ($1.19 to $1.43 per square foot). Property amenities include a rooftop balcony and basketball courts. The oldest property is the Princess Apartments, which contains 59 studios and one- and two- bedroom units. Monthly rents range between $600 for a 375-square-foot studio to $775 per month for an 825-square-foot two-bedroom unit with one bath. One-bedroom/one-bath apartments contain 500 square feet and lease for $650 per month. The property-wide rent per square foot ranges between $0.94 and $1.60. A swimming pool is available for the use of the tenants. Site work and building construction has already begun on the Cosmopolitan, a redevelopment of the site of the former Lichtenstein building. The five-story building will contain 165 apartments on the upper four floors with retail spaces on the ground floor. The property is expected to begin leasing at the end of the year, with occupancies scheduled for the spring of 2015. Outside of Downtown, most of the other rental properties are located in the South Side. Six properties included in the survey are located in Central City/Bayside, one of which, Aspen Heights, is income-restricted. —One-Bedroom Units— • Rents for one-bedroom units start at $645 per month at Alameda Apartments, located on South Alameda Street. • The highest one-bedroom rent is $1,650 per month at The Villas of Ocean Drive, a new property that recently opened and is still in lease-up. • One-bedroom units range in size from 504 square feet to just over 900 square feet. • One-bedroom rents per square foot fall between $1.00 and $2.19. —Two-Bedroom Units— • Rents for two-bedroom units start at $805 per month at Alameda Apartments. • The highest two-bedroom rent is $3,000 per month at The Villas of Ocean Drive. • Two-bedroom units range in size from 909 square feet to 1,383 square feet. • Two-bedroom rents per square foot fall between $0.77 and $2.34. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 13 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 —Three-Bedroom Units— • Rents for three-bedroom units start at $975 per month at Alameda Apartments. • The highest three-bedroom rent is $1,889 per month at Camden South Bay on Ennis Joslin Road. • Three-bedroom units range in size from 1,100 square feet to 1,827 square feet. • Three-bedroom rents per square foot fall between $0.89 and $1.45. Eighteen properties included in the survey are located in the South Side, one of which, South Pointe Apartments, is income-restricted. Only two of the 18 Valhalla Apartments, built in 1978 on Everhart Road, and the newly-constructed Springs at Corpus Christi on Timbergate—lease studio apartments. The Valhalla studios rent for $550 to $575 per month for 550 to 575 square feet ($1.00 to $1.04), and those at the Springs are renting for $885 to $914 per month for 525 to 623 square feet ($1.47 to $1.69). —One-Bedroom Units— • Rents for one-bedroom units start at $650 per month at Lipes Apartments, located on Cimarron Boulevard, and Candlewood Apartments on Airline Road. • The highest one-bedroom rent is $1,260 per month at San Marin on South Staples Street. • One-bedroom units range in size from 501 square feet to 921 square feet. • One-bedroom rents per square foot fall between $0.98 and $1.74. —Two-Bedroom Units— • Rents for two-bedroom units start at $765 per month at Candlewood Apartments. • The highest two-bedroom rent is $2,363 per month at San Marin. • Two-bedroom units range in size from 795 square feet to 1,186 square feet. • Two-bedroom rents per square foot fall between $0.87 and $2.54. —Three-Bedroom Units— • Rents for three-bedroom units start at $1,089 per month at Walnut Ridge on South Staples Street. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 14 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • The highest three-bedroom rent is $1,843 per month at The Springs at Corpus Christi. • Three-bedroom units range in size from 1,088 square feet to 1,399 square feet. • Three-bedroom rents per square foot fall between $0.84 and $1.49. Three properties included in the survey are located in Flour Bluff/Padre Island. Only one—Water's Edge on South Padre Island Drive—leases three-bedroom apartments. These units have rents of $1,095 per month for 1,038 square feet ($1.05 per square foot). —One-Bedroom Units— • Rents for one-bedroom units start at $690 per month at Bay Club, located on South Padre Island Drive. • The highest one-bedroom rent is $1,080 per month at Compass Bay Apartments on Compass Street. • One-bedroom units range in size from 667 square feet to 836 square feet. • One-bedroom rents per square foot fall between $1.00 and $1.51. —Two-Bedroom Units— • Rents for two-bedroom units start at $810 per month at Bay Club. • The highest two-bedroom rent is $1,405 per month at Compass Bay. • Two-bedroom units range in size from 856 square feet to 1,062 square feet. • Two-bedroom rents per square foot fall between $0.93 and $1.32. Two properties included in the survey are located in the West Side—Peachtree Apartments, built in the 1970s on Peachtree Street, and Christy Estates on Holly Road. Peachtree rents range between $525 to $1,000 per month for 394-square-foot studios to 1,122-square-foot two-bedroom townhouses ($0.86 to $1.33). Units at Christy Estates are renting for $665 to $1,270 per month for 740-square-foot one-bedrooms to 1,500-square-foot three-bedroom townhouses ($0.73 to $0.95). Excluding those properties which have recently opened and are still in the lease-up phase, nearly all of the rental communities in the survey are at functional full occupancy (occupancy rates at 95 percent or higher). ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B Table 3 Page 1 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . . Downtown. . . . . The Princess Apartments 59 Studio/1ba $600 375 $1.60 Pool, 1001 N. Water Street 1br/1ba $650 500 $1.30 laundry facility. 2br/1ba $775 825 $0.94 Retama Vista Apts(2004) 16 1br/1ba $710 to 592 to $1.20 to Rooftop balcony, 425 Schatzell Street $1,225 856 $1.43 basketball courts, 2br/1ba $1,210 to 1,010 to $1.19 to laundry facility. $1,220 1,023 $1.20 Nueces Lofts (2009) 64 Studio/1ba $790 to 556 to $1.30 to Fitness center, (formerly the Sherman Building) $1,025 786 $1.42 laundry facility. 317 Peoples Street 1br/1ba $950 to 663 to $1.43 to $1,200 763 $1.57 2br/2ba $1,300 to 916 to $1.42 to $1,650 1,161 $1.42 Bay Vista Pointe(2014) 164 1br/1ba $1,035 to 616 to $1.48 to Pool,waterfall, 802 S. Carancahua $1,340 905 $1.68 fitness center, 2br/2ba $1,475 to 1,057 to $1.40 to conference center, $2,135 1,247 $1.71 internet cafe, business center. Bay Vista(2008) 169 1br/1ba $1,035 to 697 to $1.48 to Clubhouse, 522 Hancock $1,535 940 $1.63 business center, 2br/2ba $1,410 to 1,059 to $1.33 to conference room, $2,185 1,270 $1.72 fitness center,pool. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 3 Page 2 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . . Central CitylBay Area. . . . . Alameda Apts (2005) 62 1br/1ba $645 to 504 to $1.00 to Swimming pool, 4422 South Alameda Street $725 726 $1.28 BBQ grills& 2br/1ba $805 936 $0.86 laundry facility. 2br/2ba $845 1,100 $0.77 3br/2ba $975 1,100 $0.89 Aspen Heights (2014) 153 2br/2.5ba $779 to 1,468 to $0.53 to Fitness center, 4855 South Alameda Street TH $814 1,490 $0.55 pool, Income-Restricted 3br/3.5ba $699 to 1,827 $0.38 to computer lab,volleyball, TH $734 $0.40 movie theater, 4br/4.5ba $689 to 1,967 to $0.35 to study lounge& SFD $714 1,969 $0.36 tanning beds. 5br/5.5ba $679 to 2,299 to $0.30 to SFD $714 2,343 $0.30 Baypoint Resort Apartments 350 1br/1ba $871 to 675 to $1.29 to Yoga, massage therapy, (1998;2004) $1,126 822 $1.37 fitness center, 1802 Ennis Joslin Road 2br/1ba $1,061 to 909 $1.17 to clubhouse,pools, $1,161 $1.28 hot tub,BBQ pit, 2br/2ba $1,181 to 928 to $1.26 to cappuccino machine, $1,741 1,383 $1.27 walking trail,pet park, 3br/2ba $1,571 to 1,385 $1.13 to putting green& $1,821 $1.31 multi-sport court. The Villas of Ocean Drive 180 1br/1ba $875 to 580 to $1.51 to Clubhouse, (2014) $1,650 753 $2.19 fitness center, 4657 Ocean Drive 2br/2ba $1,570 to 1,069 to $1.47 to playground, $3,000 1,282 $2.34 waterfall& 3br/2ba $1,655 to 1,247 $1.33 to pool. $1,805 $1.45 Camden South Bay(2007) 270 1br/1ba $959 to 642 to $1.13 to Basketball court, 1701 Ennis Joslin Road $1,019 902 $1.49 billiards,sand volleyball, 2br/2ba $1,339 to 1,170 to $1.06 to business&fitness $1,379 1,297 $1.14 centers,pool, 3br/2ba $1,689 to 1,428 to $1.18 to BBQ/Picnic area. $1,889 1,570 $1.20 La Joya Bay Resort 336 1br/1ba $1,070 to 712 to $1.50 to Basketball courts, 1514 Ennis Joslin Road $1,485 878 $1.69 business center, 2br/2ba $1,290 to 1,119 to $1.15 to clubhouse,pool, $1,730 1,226 $1.41 fitness center,pet park. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 3 Page 3 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . . South Side. . . . . South Pointe Apts(1999) n/a 2br/2ba $539 to 990 $0.54 to Children's play area, 5725 Curtis Clark Drive $662 $0.67 swimming pool, Income-Restricted 3br/2ba $625 to 1,189 $0.53 to clubhouse,laundry $727 $0.61 facility. Valhalla Apts (1978) 165 Studio/1ba $550 to 550 to $1.00 to Clubhouse,fitness 6730 Everhart Road $575 555 $1.04 center,hot tub,pool, 1br/1ba $675 721 $0.94 &tennis court. 2br/1ba $790 910 $0.87 2br/2ba $825 855 $0.96 Lipes Apts (2003) 170 1br/1ba $650 to 650 $1.00 to Clubhouse, 3701 Cimarron Boulevard $700 $1.08 swimming pool& 2br/1ba $800 to 820 $0.98 to laundry facility. $850 $1.04 3br/2ba $1,150 to 1,334 $0.86 to $1,200 $0.90 Candlewood 288 1br/1ba $650 to 501 $1.30 to 2 pools, 2002 Airline Road $775 $1.55 tennis, 1br/1ba TH $700 to 714 $0.98 to basketball courts, $830 $1.16 clothing care centers, 2br/1ba $765 to 795 $0.96 to BBQ/Picnic area. $910 $1.14 2br/2ba $824 to 907 $0.91 to $964 $1.06 3br/2ba $1,210 to 1,088 $1.11 to $1,425 $1.31 Walnut Ridge 704 1br/1ba $679 to 580 to $1.08 to Fitness center, (1981;2000) $759 700 $1.17 6 swimming pools, 5757 South Staples Street 2br/1.5ba $819 to 830 to $0.99 to tennis courts, $839 855 $1.01 laundry facilities, 2br/2ba $839 to 874 to $0.96 to racquetball courts, $899 939 $1.03 &free tanning salon 3br/2ba $1,089 1,133 $0.96 Chandler's Mill Apts. 248 1br/1ba $687 to 524 to $1.28 to Residents'lounge, 6350 Meadowvista Drive $975 763 $1.31 pool,whirlpool, 2br/2ba $1,028 to 935 to $1.10 to fitness center. $1,308 1,035 $1.26 SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 3 Page 4 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . . South Side[continued]. . . . . Crosswinds (1999) 176 1br/1ba $725 580 $1.25 Fitness center, 6617 Weber Road 2br/1ba $895 813 $1.10 swimming pool& 2br/2ba $985 to 914 to $1.02 to laundry facility. $995 977 $1.08 3br/2ba $1,225 1,103 to $1.08 to 1,139 $1.11 Towne Oaks 185 1br/1ba $734 to 746 $0.98 to Pool,sundeck. 6310 South Padre Island Drive $809 $1.08 2br/1ba $879 to 996 $0.88 to $959 $0.96 2br/2ba $909 to 1,050 to $0.87 to $1,129 1,094 $1.03 3br/2ba $1,094 to 1,297 $0.84 to $1,219 $0.94 Camden Copper Ridge(1986) 344 1br/1ba $739 to 543 to $1.11 to Pool,sand 6635 South Staples Street $859 773 $1.36 volleyball, 2br/2ba $1,109 to 998 to $1.11 to laundry facility, $1,149 1,034 $1.11 BBQ/Picnic area. Stoneleigh Corpus Christi 348 1br/1ba $765 to 482 to $1.25 to Business center, (2005) $950 760 $1.59 grill&picnic area, 5750 Curtis Clark Drive 2br/2ba $1,086 to 916 to $1.13 to fitness center,pool, $1,162 1,030 $1.19 laundry facilities. San Marin(1997) 220 1br/1ba $800 to 724 $1.10 to Clothes care center, 7221 South Staples Street $1,260 $1.74 internet cafe, 2br/2ba $900 to 931 $0.97 to pool&sundeck. $2,363 $2.54 3br/2ba $1,305 to 1,156 $1.13 to $1,720 $1.49 Arbors on Saratoga 252 1br/1ba $878 to 760 to $1.14 to Residents lounge, 6225 Saratoga Boulevard $920 808 $1.16 pool,sundeck, 2br/2ba $1,012 to 955 to $0.95 to fitness center, $1,098 1,161 $1.06 business center, 3br/2ba $1,243 to 1,151 to $1.00 to basketball courts. $1,385 1,382 $1.08 SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 3 Page 5 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . . South Side tcontinued}. . . . . Springs at Corpus Christi 284 Studio/1ba $885 to 525 to $1.47 to Clubhouse,pool, (2014) $914 623 $1.69 fitness center, 5702 Timbergate 1br/1ba $1,129 to 857 to $1.32 to coffee bar, $1,211 909 $1.33 car care area, 2br/2ba $1,429 to 1,062 to $1.28 to dog park. $1,519 1,186 $1.35 3br/2ba $1,801 to 1,302 to $1.32 to $1,843 1,399 $1.38 Gulf Breeze Apts. 200 1br/1ba $900 706 $1.27 Business center, 6533 Patti Drive 2br/1ba $1,035 to 899 $1.15 to fitness center, $1,085 $1.21 playground, 2br/2ba $1,118 to 954 to $1.16 to pool. $1,174 1,011 $1.17 3br/2ba $1,317 to 1,168 to $1.10 to $1,349 1,229 $1.13 Island Villa Apartments n/a 1br/1ba $900 to 842 to $1.07 to Clubhouse, 1641 Nile Drive $1,040 921 $1.13 business center, 2br/2ba $1,100 to 1,025 to $1.07 to fitness center,pool, $1,340 1,181 $1.13 gazebolgrilling area. 3br/2ba $1,400 to 1,293 $1.08 to $1,440 $1.11 Encore Crossings (2009) 200 1br/1ba $909 to 824 to $1.10 to Pool wlaquatic lounge, 2133 Nodding Pines $1,025 853 $1.24 poolside grilling station, 2br/2ba $1,124 to 1,033 to $1.09 to conferencelstudy center, $1,254 1,060 $1.21 cyber cafe,fitness center. Tuscana Bay(2014) 228 1br/1ba $929 to 789 to $1.13 to BBQ/Picnic area, 2921 Airline Road $969 856 $1.18 business center, 1br/1ba w/attached garage $1,109 860 $1.29 clubhouse,dog park, 2br/2ba $1,199 to 1,050 to $1.13 to fitness center, $1,249 1,108 $1.14 pool&sundeck. 2br/2ba w/attached garage $1,401 1,176 $1.19 Camden Breakers (1995) 288 1br/1ba $979 to 651 to $1.49 to Basketball court, 4901 Saratoga Boulevard $1,129 757 $1.50 business center, 2br/2ba $1,179 to 876 to $1.22 to fitness center, $1,269 1,037 $1.35 pool, 3br/2ba $1,739 1,226 $1.42 BBQ/Picnic area. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 3 Page 6 of 6 Summary Of Selected Rental Properties The City of Corpus Christi,Nueces County, Texas August 2014 Number Unit Reported Reported Rent per Property (Date Opened) of Units Type Base Rent Unit Size Sq.Ft. Amenities Address . . . . .Flour BlufflPadre Island. . . . . Bay Club 248 1br/1ba $690 to 667 $1.03 to Pool, 9350 S.Padre Island Drive $800 $1.20 tennis courts, 2br/1ba $810 to 856 $0.95 to playground, $970 $1.13 basketball courts. 2br/2ba $840 to 900 $0.93 to $1,000 $1.11 Water's Edge 250 1br/1ba $714 714 $1.00 Two pools, 9320 S.Padre Island Drive 1br/1.5ba TH $760 714 $1.06 fitness center, 2br/1ba $865 860 $1.01 tennis courts. 2br/2ba $925 924 $1.00 3br/2ba $1,095 1,038 $1.05 Compass Bay Apts(2004) 82 1br/1ba $1,005 to 667 to $1.29 to Fitness center, 14501 Compass Street $1,080 836 $1.51 picnic area,pool, 2br/2ba $1,295 to 1,018 to $1.27 to sundeck BBQ grills, $1,405 1,062 $1.32 heated pool,boat slips. . . . . . West Side. . . . . Peachtree (1970s) 230 Studio/1ba $525 394 $1.33 Clubhouse,pool. 3150 Peachtree Street 1br/1ba $695 to 623 to $1.12 $750 672 $1.12 2br/2ba $835 to 885 to $0.86 to $895 1,042 $0.94 2br/2.5ba TH $1,000 1,122 $0.89 3br/2ba $975 1,059 $0.92 Christy Estates 262 1br/1ba $665 to 740 to $0.90 to Pool. 3942 Holly Road $745 820 $0.91 2br/1ba $765 to 900 to $0.85 to $905 1,000 $0.91 2br/1.5ba TH $880 to 1,200 $0.73 to $905 $0.75 3br/2ba $1,085 to 1,200 $0.90 to $1,135 $0.95 3br/2.5ba TH $1,245 to 1,500 $0.83 to $1,270 $0.85 SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 21 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Multi-Family and Single-Family Attached For-Sale— Two newly-constructed townhouse properties are currently being marketed in the Corpus Christi market area. Padre Beach View is a 30-unit property located on Beach View Drive. The 1,300- square-foot three bedroom townhouses are priced at $249,900 ($192 per square foot). The Cottage House at Padre Beach on Granada Drive is marketing four-bedroom townhouses priced between $284,900 and $529,000 for 1,852 and 2,475 square feet of living space ($154 to $214 per square foot). (See also Table 4 at the end of this section.) All of the non-water-oriented condominiums and townhouses on the market at the time of the survey in September 2014 are resales at three properties: Cliff House and Atlantic Lofts in Downtown Corpus Christi, and Country Club Townhouses, in close proximity to the Corpus Christi Country Club. The weighted average price of the non-water-oriented units on the market is $302,369 for an average unit size of just over 2,000 square feet ($151 per square foot). Two units are for sale at the high-rise Cliff House on South Upper Broadway Street—a 2,300- square-foot two-bedroom condominium listed for $799,900 ($346 per square foot) and a 1,400- square-foot two-bedroom on a lower floor for $279,000 ($201 per square foot). At Atlantic Lofts, on North Upper Broadway Street, four units are listed ranging in price from $275,000 to $349,500. All but one are two-bedroom units, ranging in size from approximately 1,800 to over 2,000 square feet ($161 to $178 per square foot); the one-bedroom unit contains 1,550 square feet ($177 per square foot). Seven two- and three-bedroom units are on the market at the Country Club townhouses. The asking prices range from $205,000 to $242,000, with units ranging in size from just under 1,900 to 2,550 square feet. The resale price per square foot ranges between $89 and $127. Multiple water-oriented condominiums and townhouses priced above $200,000 were listed in September, 2014. A 1,552-square-foot three-bedroom condominium at Admirals Court is priced at $203,900; the highest price is $745,200 for a 1,983-square-foot two-bedroom unit at Twin Dolphins ($131 to $376 per square foot). The weighted average price of all water-oriented units on the market is $288,166 for an average unit size of just under 1,500 square feet ($193 per square foot). ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B Table 4 Page 1 of 3 Summary Of Selected For-Sale Multi-Family And Single-Family Attached Properties and Listings Units Priced at$200,000 or More City of Corpus Christi,Neuces County, Texas September,2014 Housing Unit Price Per Year Development Type Type Unit Price Unit Size Sq.Ft. Built Address Padre Beach View TH 3br/2.5ba $249,900 1,300 $192 2014 15000 Beach View Drive 30 du The Cottage House at Padre Beach TH 4br/2.5ba $284,900 1,852 $154 2013 14890 Granada Drive 20 du $529,000 2,475 $214 . . . . .Non-Water-Oriented Resales. . . . . Cliff House CO 2br/2.5ba $799,900 2,309 $346 1965 Cliff House CO 2br/2.5ba $279,000 1,391 $201 1965 Atlantic Lofts CO 2br/2ba $349,500 2,013 $174 2009 Atlantic Lofts CO 2br/2ba $338,000 1,902 $178 2009 Atlantic Lofts CO 2br/2ba $290,000 1,799 $161 2009 Atlantic Lofts CO 1br/2ba $275,000 1,551 $177 2009 Country Club TH 2br/2ba $242,000 2,301 $105 1978 Country Club TH 2br/2ba $239,900 1,889 $127 1978 Country Club TH 3br/2.5ba $235,000 2,552 $92 1978 Country Club TH 3br/3ba $234,000 2,034 $115 1978 Country Club TH 3br/3ba $224,500 1,940 $116 1978 Country Club TH 3br/3ba $219,000 2,062 $106 1978 Country Club TH 3br/2.5ba $205,000 2,296 $89 1978 Weighted Averages: $302,369 2,003 $151 . . . . . Water-Oriented Resales. . . . . Twin Dolphins CO 2br/2.5ba $745,200 1,983 $376 1983 Twin Dolphins CO 2br/2ba $699,900 1983 Twin Dolphins CO 3br/2.5ba $379,900 1,988 $191 1983 Twin Dolphins CO 3br/2.5ba $299,900 1,988 $151 1983 Sea Gull CO 3br/2.5ba $509,900 1,678 $304 1982 Landmark CO 2br/2ba $460,000 1,811 $254 1983 Las Palmas TH 3br/3.5ba $389,900 2,422 $161 2007 Las Palmas TH 3br/3.5ba $340,000 2,358 $144 2007 Marina del Sol CO 3br/2ba $379,000 1,573 $241 1981 Marina del Sol CO 3br/2ba $279,900 1,730 $162 1981 Marina del Sol CO 3br/2ba $240,000 1,108 $217 1981 Marina del Sol CO 3br/2ba $225,000 1,700 $132 1981 Marina del Sol CO 3br/2ba $209,500 1,573 $133 1981 SOURCE: Multiple Listing Service; Zimmerman/Volk Associates,Inc. EXHIBIT B Table 4 Page 2 of 3 Summary Of Selected For-Sale Multi-Family And Single-Family Attached Properties and Listings Units Priced at$200,000 or More City of Corpus Christi,Neuces County, Texas September,2014 Housing Uriit Price Per Year Development Type TlIpe Unit Price Unit Size Sq.Ft. Built Address . . . . . Water-Oriented Resales[continued]. . . . . Grande Vistas Duplex 3br/2.5ba $365,000 4,392 $83 2003 Gulfstream CO 2br/2ba $349,000 949 $368 1970 Gulfstream CO 2br/2ba $310,000 949 $327 1970 Gulfstream CO 2br/2ba $299,900 949 $316 1970 Gulfstream CO 2br/2ba $279,000 949 $294 1970 Gulfstream CO 2br/2ba $275,000 949 $290 1970 Gulfstream CO 2br/2ba $259,000 949 $273 1970 Gulfstream CO 2br/2ba $239,000 949 $252 1970 Gulfstream CO 2br/2ba $230,000 949 $242 1970 Gulfstream CO 2br/2ba $229,900 949 $242 1970 Gulfstream CO 2br/2ba $225,000 949 $237 1970 Gulfstream CO 2br/2ba $219,900 949 $232 1970 Padre Island TH 4br/4.5ba $330,000 2,479 $133 2008 Padre Island TH 4br/4.5ba $312,000 1,765 $177 2014 Ports o Call TH 4br/2.5ba $315,000 2,027 $155 2002 Point Tesoro TH 3br/3.5ba $309,900 2,041 $152 2005 Seamount Cay TH 3br/2.5ba $307,223 1,831 $168 2007 Nautica TH 3br/2.5ba $299,000 1,627 $184 2007 Portofino CO 3br/3ba $289,000 1,392 $208 1974 Portofino CO 2br/2ba $250,000 1,127 $222 1974 Portofino CO 2br/2ba $240,000 1,127 $213 1974 Portofino CO 1br/1ba $230,000 834 $276 1974 Portofino CO 2br/2ba $214,900 1,406 $153 1974 Casa Viento TH 3br/2.5ba $275,000 1,948 $141 2005 Casa Viento TH 4br/2.5ba $209,500 1,948 $108 2005 El Constante CO 2br/2ba $269,900 1,060 $255 1985 El Constante CO 2br/2ba $249,900 1,060 $236 1985 El Constante CO 2br/2.5ba $249,900 1,060 $236 1985 El Constante CO 2br/2.5ba $214,900 1,060 $203 1985 Gun Cay Bay TH 3br/2.5ba $250,500 2,031 $123 2004 Gun Cay Bay TH 3br/2.5ba $242,000 1,800 $134 2004 Gun Cay Bay TH 3br/2.5ba $215,000 1,253 $172 2004 Palm Bay Village TH 3br/2.5ba $249,900 1,648 $152 2006 Vista del Rey TH 3br/3ba $249,500 1,557 $160 1999 Compass CO 3br/2ba $249,900 1,403 $178 2003 Compass CO 3br/2ba $224,500 1,403 $160 2003 SOURCE: Multiple Listing Service; Zimmerman/Volk Associates,Inc. EXHIBIT B Table 4 Page 3 of 3 Summary Of Selected For-Sale Multi-Family And Single-Family Attached Properties and Listings Units Priced at $200,000 or More City of Corpus Christi,Neuces County, Texas September,2014 Housing Unit Price Per Year Development Type Type Unit Price Unit Size Sq.Ft. Built Address . . . . . Water-Oriented Resales [continued]. . . . . Mayan Princess CO 2br/2ba $239,000 1,160 $206 1984 Mariner Cay Marina CO 3br/2ba $227,700 1,193 $191 1982 Mariner Cay Marina CO 3br/2ba $220,000 1,193 $184 1982 Salt Cay TH 3br/2.5ba $225,000 1,603 $140 1999 Beach Breezes CO 3br/2.5ba $215,000 1,732 $124 2004 Cayo Linda TH 3br/2.5ba $204,750 1,539 $133 2000 Cayo Linda TH 3br/2.5ba $203,900 1,505 $135 2000 Admirals Court CO 3br/2.5ba $203,900 1,552 $131 1985 Weighted Averages: $288,166 1,493 $193 SOURCE: Multiple Listing Service; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 25 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 —Single-Family Detached For-Sale— The majority of the new single-family detached houses being built in Corpus Christi are located in the South Side or just outside the city limits in the south. Multiple properties in the area have recently completed new houses, which are now on the market, or have several under construction. (See also Table 5 at the end of this section.) The least expensive new houses being marketed in the South Side are Braselton Homes' Cottages at South Lake, where the base prices for the 1,100- to 1,500-square-foot cottages range between $129,900 and $179,900 ($118 to $120 per square foot). Several of the cottages are alley-loaded, although most are more conventional models. Terra Mar is a large master-planned community being developed by Hogan Homes, with several subdivisions of varying lot and house sizes and base prices. The least expensive houses are being constructed at Los Vientos at Terra Mar; these houses range in price between $199,415 and $227,625 for between 1,750 and 1,780 square feet of living space ($112 to $130 per square foot). The most expensive houses are being built at San Cristobal at Terra Mar, where a spec house is priced at $504,700 for 3,144 square feet, and another, containing 3,578 square feet, is priced at $551,900 ($154 to $161 per square foot). There are multiple smaller subdivisions in the South Side that are also building and selling spec houses, ranging from Manhattan Estates, where base prices start at $242,900, to The Coves at Lago Vista, where the most expensive house on the market is priced at $585,000. Nearly all of the spec houses contain between 2,300 and 3,000 square feet, with a general price per square foot range between $104 and $140. New single-family development is also occurring in Flour Bluff and Padre Island, and on the West Side. The most significant new residential development is being planned adjacent to the Schlitterbahn Waterpark and Resort, where a mix of single-family detached houses, multi-family units, and waterfront properties is being planned. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B Table 5 Page 1 of 3 Summary Of Selected For-Sale Single-Family Detached Properties City of Corpus Christi,Neuces County, Texas September,2014 Lot Sizel Unit Price Unit Size Price Per Total Property(Date Opened) Price Range Range Range Sq.Ft. Lots DeveloperlBuilder . . . . South Side . . . . Cottages at South Lake (2013) $129,900 to 1,100 to $118 to 105 Braselton Homes 3,200 sf $179,900 1,500 $120 Terra Mar(2008) Hogan Homes Los Vientos at Terra Mar $199,415 to 1,781 to $112 to $227,625 1,749 $130 Los Arboles at Terra Mar 5,000 sf $192,490 to 1,686 to $104 to $238,490 2,300 $114 Monte Verde at Terra Mar 6,600 sf $267,990 to 2,192 $122 8,550 sf $367,990 Entrada Del Sol 6,000 to $315,490 2,458 to $128 to 18 {Villas} 12,000 sf $369,900 2,500 $148 San Cristobal at Terra Mar 0.25 to $504,700 t 3,144 to $154 to 3+acres $551,900 3,578 $161 San Sebastian at Terra Msar 1.75 to 3+acres/ $240,000 Rancho Vista $213,900 t 2,001 $107 396 Braselton Homes 8,614 sf $229,900 t 1,801 $128 $245,430 t 2,160 $114 $289,900 t 2,369 $122 0.38 acre $319,900 t 2,655 $120 Manhattan Estates (2000) $242,900 to 2,343 to $104 to 6 listings Multiple Builders 6,720 sf $270,648 t 2,500 $108 0.17 acre $255,900 t 2,395 $107 Ranch Lake $249,000 to 2,377 to $105 to 8 listings Multiple Builders $310,000 t 2,860 $108 King's Point $259,000 to 2,487 to $104 to 6 listings Several Builders $299,000 t 2,860 $105 t Spec or model home. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 5 Page 2 of 3 Summary Of Selected For-Sale Single-Family Detached Properties City of Corpus Christi,Neuces County, Texas September,2014 Lot Sizel Unit Price Unit Size Price Per Total Property(Date Opened) Price Range Range Range Sq.Ft. Lots DeveloperlBuilder . . . . South Side {continued}. . . . Graford Place $264,900 to 2,525 $105 5 listings Multiple Builders $327,900 t 2,921 $112 Barataria Bay 0.15 acre/ $269,900 to 2,443 $110 3 specs listings K&M Homes $39,900 to $348,500 t 2,898 $120 17 lots listed $54,900 Graceland 8,000 sf $271,900 t 2,423 $112 Multiple Builders Kings Crossing 0.5 acre $499,000 t 3,652 $137 80 Multiple Builders $720,116 t 4,300 $167 The Coves at Lago Vista 0.5 to $539,000 t 4,045 $133 160 Multiple Builders 1 acre $574,900 t 3,242 $177 $585,000 t 4,175 $140 . . . .Flour Bluff and Padre Island . . . . Pine Hollow $179,900 to 1,505 to $120 to 127 Fox Home Builders $229,900 t 1,090 $211 Blue Grass Estates $229,500 to 2,125 to $108 to 9 listings Flour Bluff Pine Hollow LLC $299,900 t 2,427 $124 Point Tesoro $229,900 to 1,966 to $117 to 5 listings Multiple Builders 6,200 sf $519,900 t 2,149 $242 Commodore's Pointe 8,032 sf $650,000 t 2,300 $283 Multiple Builders t Spec or model home. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 5 Page 3 of 3 Summary Of Selected For-Sale Single-Family Detached Properties City of Corpus Christi,Neuces County, Texas September,2014 Unit Type Lot Size Unit Price Unit Size Price Per Total Property(Date Opened) Range Range Range Sq.Ft. Lots DeveloperlBuilder . . . . West Side . . . . Wood Oaks on the River 6,700 sf $247,000 t 2,137 $116 39 Multiple Builders {Phase II} London Club Estates 1+acre/ 7 listings Multiple Builders 67,500 $354,900 t 2,635 $135 $448,116 t 3,125 $143 t Spec or model home. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 29 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 MARKET-RATE RENT AND PRICE RANGES:THE DOWNTOWN CORPUS CHRISTI STUDY AREA —Rental Distribution— Based on the incomes and financial capabilities of the 1,480 households that represent the target markets for new market-rate rental units (hard and soft lofts and upscale apartments) each year over the next five years, the distribution of annual market potential by rent range would be summarized as follows (see also Table 6): Annual Market Potential For Rental Lofts/Apartments Distributed By Rent Range Households In Target Groups With Median Incomes At Or Above$70,000 DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas MONTHLY HOUSEHOLDS RENT RANGE PER YEAR PERCENTAGE $75041,000 135 9.1% $1,000—$1,250 150 10.1% $1,25041,500 260 17.6% $1,50041,750 325 22.0% $1,750—$2,000 245 16.6% $2,000—$2,250 210 14.2% $2,250 and up 155 10.4% Total: 1,480 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. Note: The number of households by rent range was determined by applying the calculation of a monthly rental payment, excluding utilities, totalling no more than 25 percent of the target households' annual gross incomes. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 6 Target Groups For New Multi-Family For-Rent Households In Target Groups With Median Incomes At Or Above$70,000 Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas Empty Nesters Number of &Retirees Households Percent Urban Establishment 55 3.7% Small-Town Establishment 10 0.7% Cosmopolitan Elite 5 0.3% Suburban Establishment 5 0.3% Affluent Empty Nesters 5 0.3% New Empty Nesters 20 1.4% Cosmopolitan Couples 25 1.7% Middle-Class Move-Downs 30 2.0% Mainstream Retirees 5 0.3% No-Nest Suburbanites 25 1.7% Subtotal: 185 12.5% Traditional& Non-Traditional Families Unibox Transferees 15 1.0% Late-Nest Suburbanites 5 0.3% Full-Nest Suburbanites 40 2.7% Full-Nest Urbanites 110 7.4% Subtotal: 170 11.5% Younger Singles&Couples The Entrepreneurs 25 1.7% e-Types 325 22.0% The VIPs 50 3.4% Fast-Track Professionals 25 1.7% Upscale Suburban Couples 110 7.4% New Bohemians 495 33.4% Twentysomethings 95 6.4% Subtotal: 1,125 76.0% Total Households: 1,480 100.0% SOURCE: The Nielsen Company; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 31 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 For-Sale Distribution— Based on the incomes and financial capabilities of the 715 households that represent the target markets for new market-rate for-sale multi-family units (condominium soft lofts and luxury apartments) each year over the next five years, the distribution of annual market potential by price range would be summarized as follows (see also Table 7): Annual Market Potential For For-Sale Lofts/Apartments Distributed By Price Range Households In Target Groups With Median Incomes At Or Above$70,000 DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas PRICE HOUSEHOLDS RANGE PER YEAR PERCENTAGE $150,000—$200,000 70 9.8% $200,000—$250,000 105 14.7% $250,0004300,000 140 19.6% $300,0004350,000 135 18.9% $350,000—$400,000 125 17.5% $400,000—$450,000 85 11.9% $450,000 and up 55 7.6% Total: 715 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. Note: For the for-sale distribution of both condominiums and townhouses, the number of households by price range was determined by assuming a down payment of 20 percent and then calculating monthly mortgage payments, including taxes and utilities, totalling no more than 30 percent of the annual gross income of the target households. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 7 Target Groups For New Multi-Family For-Sale Households In Target Groups With Median Incomes At Or Above$70,000 Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas Empty Nesters Number of &Retirees Households Percentage Old Money 5 0.7% Urban Establishment 60 8.4% Small-Town Establishment 15 2.1% Cosmopolitan Elite 25 3.5% Suburban Establishment 15 2.1% Affluent Empty Nesters 10 1.4% New Empty Nesters 5 0.7% Cosmopolitan Couples 35 4.9% Middle-Class Move-Downs 15 2.1% Mainstream Retirees 5 0.7% No-Nest Suburbanites 15 2.1% Subtotal: 205 28.7% Traditional& Non-Traditional Families Unibox Transferees 5 0.7% Late-Nest Suburbanites 5 0.7% Full-Nest Suburbanites 10 1.4% Full-Nest Urbanites 30 4.2% Subtotal: 50 TO% Younger Singles&Couples The Entrepreneuers 50 TO% e-Types 125 17.5% The VIPs 50 7.0% Fast-Track Professionals 25 3.5% Upscale Suburban Couples 75 10.5% New Bohemians 95 13.3% Twentysomethings 40 5.6% Subtotal: 460 64.3% Total Households: 715 100.0% SOURCE: The Nielsen Company; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 33 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Based on the incomes and financial capabilities of the 590 households that represent the target markets for new market-rate for-sale single-family attached units (townhouses/live-work units) each year over the next five years, the distribution of annual market potential by price range would be summarized as follows (see also Table 8): Annual Market Potential For For-Sale Townhouses/Rowhouses/Live-Work Units Distributed By Price Range Households In Target Groups With Median Incomes At Or Above$70,000 DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas PRICE HOUSEHOLDS RANGE PER YEAR PERCENTAGE $150,000—$250,000 60 10.2% $200,000—$250,000 80 13.6% $250,0004300,000 100 16.9% $300,0004350,000 115 19.4% $350,000—$400,000 90 15.3% $400,000—$450,000 80 13.6% $450,000 and up 65 11.0% Total: 590 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 8 Target Groups For New Single-FamilyAttached For-Sale Households In Target Groups With Median Incomes At Or Above$70,000 Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas Empty Nesters Number of &Retirees Households Percentage Old Money 5 0.8% Urban Establishment 35 5.9% Small-Town Establishment 5 0.8% Cosmopolitan Elite 10 1.7% Suburban Establishment 10 1.77, Affluent Empty Nesters 5 0.8% New Empty Nesters 10 1.77o Cosmopolitan Couples 20 3.47o Middle-Class Move-Downs 15 2.57o No-Nest Suburbanites 15 2.57o Subtotal: 130 22.07o Traditional& Non-Traditional Families Unibox Transferees 25 4.27o Late-Nest Suburbanites 10 1.77o Full-Nest Suburbanites 25 4.27o Full-Nest Urbanites 75 12.77o Subtotal: 135 22.97o Younger Singles&Couples The Entrepreneuers 35 5.9% e-Types 85 14.47o The VIPs 30 5.17o Fast-Track Professionals 20 3.47o Upscale Suburban Couples 65 11.0% New Bohemians 70 11.970 Twentysomethings 20 3.4% Subtotal: 325 55.1% Total Households: 590 100.0% SOURCE: The Nielsen Company; Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 35 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 For purposes of this analysis, the target residential mix and optimum market position for the Downtown Study Area have been established for a total of 1,850 higher-density dwelling units, a number which could have a significant impact on the establishment of Downtown as a neighborhood. The target residential mix of 1,850 units would be derived from market preferences, as follows: Target Residential Mix-1,850 Units Higher-Density Housing Units DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas PERCENT NUMBER HOUSING TYPE OF TOTAL OF UNITS Multi-family for-rent 53.1% 983 Multi-family for-sale 25.7% 475 Single-family attached for-sale 21.2% 392 Total 100.0% 1,850 SOURCE:Zimmerman/Volk Associates,Inc.,2014. Based on projected market capture rates (see DOWNTOWN STUDY AREA ABSORPTION PROJECTIONS below), a total of 1,850 new market-rate dwelling units developed within the Downtown Study Area—in a mix of 983 rental lofts and apartments, 475 for-sale lofts and condominiums, and 392 townhouses and live-work units—could be absorbed in five to seven years. Therefore, established according to the housing preferences and the socio-economic and lifestyle characteristics of the target households, and the relevant residential context in the Corpus Christi market area, the general range of rents and prices for newly-developed market-rate residential units in the Downtown Study Area that could currently be sustained by the market is shown on the following page (see also Table 9 for greater detail: ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 36 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Rent, Price and Size Ranges DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas RENT/PRICE SIZE RENT/PRICE HOUSING TYPE RANGE RANGE PER SQ.FT. MULTI-FAMILY FOR-RENT— Hard Lofts $800—$1,500/month 500-1,100 sf $1.36—$1.60 psf Soft Lofts $750—$2,000/month 400-1,250 sf $1.60—$1.88 psf Upscale Apartments $1,350—$2,500/month 700-1,500 sf $1.67—$1.93 psf MULTI-FAMILY FOR-SALE— Hard Lofts $150,000—$225,000 800-1,300 sf $173—$188 psf Soft Lofts $185,000—$285,000 900-1,450 sf $197—$206 psf Upscale Condominiums $295,000—$425,000 1,250-1,850 sf $230—$236 psf SINGLE-FAMILY ATTACHED FOR-SALE— Townhouses/Rowhouses $250,000—$335,000 1,300-1,850 sf $181—$192 psf Live-Work $315,000—$365,000 1,350-1,600 sf $228—$233 psf SOURCE:Zimmerman/Volk Associates,Inc.,2014. The realization of the full market potential for ownership units, condominiums in particular, could be challenging, given the availability of development financing and mortgage underwriting by financial institutions, the disinterest on the part of large numbers of younger households in becoming owners, and the fact that many otherwise-qualified households, particularly current renters, lack the funds for a down payment. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 37 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Based on the unit types, sizes, configurations, and mix outlined in the optimum market position on Table 9, the weighted average rents and prices for each of the housing types is as follows: Weighted Average Base Rent and Prices DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas WEIGHTED AVERAGE HOUSING WEIGHTED AVERAGE WEIGHTED AVERAGE BASE RENT/PRICES TYPE BASE RENT/PRICES UNIT SIZE PER SQ.FT. Multi-family for-rent $1,374 per month 842 sf $1.63 Hard lofts $1,093 per month 753 sf $1.45 Soft lofts $1,275 per month 780 sf $1.63 Upscale apts. $1,890 per month 1,070 sf $1.77 Multi-family for-sale $263,316 1,238 $213 Hard lofts $184,500 1,015 $182 Soft lofts $226,000 1,115 $203 Upscale condos. $351,000 1,505 $233 Single-family attached for-sale $304,022 1,597 $190 Townhouses/rowhouses $298,250 1,613 $185 Live-work $343,500 1,493 $230 SOURCE:Zimmerman/Volk Associates,Inc.,2014. Proposed rents and prices are in year 2014 dollars, are exclusive of consumer options and upgrades, floor and/or location premiums, and cover the broad range of rents and prices that could be sustained by the market in the Downtown Corpus Christi Study Area. Location will have a significant impact on rents and prices; projects situated within a short walking distance of high-value amenities, such as locations with views of the bay, the restaurants and shops on Chaparral Street, or one of the parks, will likely command rents and prices at the upper end of values. Those projects in less desirable locations, such as adjacent to the Interstate, are likely to command rents and prices at the lower end of values. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B Table 9 Page 1 of 3 Optimum Market Position-4,850 New Market-Rate Dwelling Units Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Annual Unit Unit Base Unit Rent/Price Market Percent Housing Type Configuration Mix Rent/Price Size Per Sq.Ft. Capture Number 53.1-7, Multi-Family For-Rent 222 to 266 units 250 Hard Lofts Loft/1ba 257o $800 500 $1.60 Loft/1ba 30% $975 650 $1.50 Loft/1ba 257, $1,200 850 $1.41 Loft/1ba 20% $1,500 1,100 $1.36 Weighted averages: $1,093 753 $1.45 500 Soft Lofts Microloft/1ba 15% $750 400 $1.88 Studio/1ba 207o $900 550 $1.64 1br/1ba 25% $1,300 800 $1.63 2br/1ba 15% $1,450 900 $1.61 2br/2ba 157o $1,600 1,000 $1.60 2br/2ba/den 10% $2,000 1,250 $1.60 Weighted averages: $1,275 780 $1.63 233 Upscale Apartments 1br/1.5ba 25% $1,350 700 $1.93 1br/1.5ba/den 25% $1,750 950 $1.84 2br/2ba 207, $1,975 1,150 $1.72 2br/2.5ba/den 15% $2,300 1,350 $1.70 3br/2.5ba PH 157o $2,500 1,500 $1.67 Weighted averages: $1,890 1,070 $1.77 983 units Overall Weighted Averages: $1,374 842 $1.63 NOTE: Base rents/prices in year 2014 dollars and exclude floor and view premiums, options and upgrades. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 9 Page 2 of 3 Optimum Market Position-4,850 New Market-Rate Dwelling Units Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Annual Unit Unit Base Unit Rent/Price Market Percent Housing Type Configuration Mix Rent/Price Size Per Sq.Ft. Capture Number 25.7% Multi-Family For-Sale 72 to 86 units 100 Hard Lofts Loft/1ba 30% $150,000 800 $188 Loft/1ba 30% $175,000 950 $184 Loft/1ba 20% $210,000 1,150 $183 Loft/1ba 20% $225,000 1,300 $173 Weighted averages: $184,500 1,015 $182 200 Soft Lofts 1br/1ba 25% $185,000 900 $206 1br/1ba/den 30% $205,000 1,000 $205 2br/2ba 25% $245,000 1,200 $204 2br/2ba/den 20% $285,000 1,450 $197 Weighted averages: $226,000 1,115 $203 175 Upscale Condominiums 2br/2ba 35% $295,000 1,250 $236 2br/2.5ba 30% $350,000 1,500 $233 3br/2ba 207o $395,000 1,700 $232 3br/2.5ba 15% $425,000 1,850 $230 Weighted averages: $351,000 1,505 $233 475 units Overall Weighted Averages: $263,316 1,238 $213 NOTE: Base rents/prices in year 2014 dollars and exclude floor and view premiums, options and upgrades. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B Table 9 Page 3 of 3 Optimum Market Position-4,850 New Market-Rate Dwelling Units Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Annual Unit Unit Base Unit Rent/Price Market Percent Housing Type Configuration Mix Rent/Price Size Per Sq.Ft. Capture Number 21.2% Single-FamilyAttached For-Sale 59 to 71 units 342 Townhouses/Rowhouses 2br/1.5ba 20% $250,000 1,300 $192 2br/2.5ba 30% $290,000 1,550 $187 2br/2.5ba 25% $310,000 1,700 $182 3br/2.5ba 25% $335,000 1,850 $181 Weighted averages: $298,250 1,613 $185 50 Live-Work Units 1br/1.5.5ba 257o $315,000 1,350 $233 500 sf work space 1br/1.5.5ba 45% $345,000 1,500 $230 on ground floor 2br/1.5.5ba 307o $365,000 1,600 $228 Weighted averages: $343,500 1,493 $230 392 units Overall Weighted Averages: $304,022 1,597 $190 1,850 Total Units NOTE: Base rents/prices in year 2014 dollars and exclude floor and view premiums, options and upgrades. SOURCE: Zimmerman/Volk Associates,Inc. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 41 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 DOWNTOWN STUDY AREA ABSORPTION PROJECTIONS After more than two decades' experience in scores of cities across the country, and in the context of the target market methodology, Zimmerman/Volk Associates has determined that, over the near term, those households that prefer new construction, rather than previously-occupied units, currently represent between 15 and 18 percent of the potential Downtown Corpus Christi rental market, and between 10 and 12 percent of the potential Downtown Corpus Christi for-sale market, assuming the production of appropriately-positioned new housing. (Until the collapse of the housing market in the fall of 2008, newly-constructed dwelling units comprised approximately 15 percent of all units sold in the nation; in 2011, that percentage had dropped to just 8.5 percent of all units sold, but has now risen to over 9.5 percent of all units sold.) Based on a 15 to 18 percent capture of the potential market for new rental housing, and a 10 to 12 percent capture of the potential market for new for-sale housing units, the Downtown Corpus Christi Study Area should be able to absorb between 353 to 423 new market-rate housing units per year over the next five years as follows: Annual Capture of Market Potential DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas NUMBER OF CAPTURE NUMBER OF HOUSING TYPE HOUSEHOLDS RATE NEW UNITS Rental Multi-Family 1,480 15%to 18% 222 to 266 (lofts/apartments,leaseholder) For-Sale Multi-Family 715 10%to 12% 72 to 86 (lofts/apartments,condo/co-op ownership) For-Sale Single-Family Attached 590 10%to 12% 59 to 71 (townhouses/rowhouses,fee-simple ownership) Total 2,785 353 to 423 SOURCE:Zimmerman/Volk Associates,Inc.,2014. These capture rates support the creation of between 1,765 and 2,115 new dwelling units within the Downtown Corpus Christi Study Area over the next five to seven years. Over the longer term (beyond five to seven years), these capture rates are likely to increase as the Downtown neighborhood is established. Depending on whether there is a sufficient number of developable ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 42 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 sites, over 10 to 14 years, the market could likely support up to 5,000 new rental and for-sale housing units in the Downtown Study Area. Approximately 80 percent of the annual market capture of new units—or 178 to 213 new rental units, 58 to 69 new condominiums, and 47 to 57 new townhouse/live-work units, a total of 283 to 339 new market-rate units per year over the next five years—would be located in the area encompassed by zip code 78401; the remaining 20 percent of units—or 44 to 53 new rental units, 14 to 17 new condominiums, and 12 to 14 new townhouse/live-work units, a total of 70 to 84 new market-rate units—would be located in North Beach, the residential area included in zip code 78402. The market is constrained in North Beach due to the additional cost of development incurred by flooding issues. The impact of the substantial number of new units in the Downtown Study Area will be significant, by making the Study Area a much more desirable location for retailers and small businesses, by increasing the number of young people living in Downtown, and by providing greater housing and income diversity. NOTE: Target market capture rates are a unique and highly-refined measure of feasibility. Target market capture rates are not equivalent to—and should not be confused with—penetration rates or traffic conversion rates. The target market capture rate is derived by dividing the annual forecast absorption—in aggregate and by housing type—by the number of households that have the potential to purchase or rent new housing within a specified area in a given year. The penetration rate is derived by dividing the total number of dwelling units planned for a property by the total number of draw area households, sometimes qualified by income. The traffic conversion rate is derived by dividing the total number of buyers or renters by the total number of prospects that have visited a site. Because the prospective market for a location is more precisely defined, target market capture rates are higher than the more grossly-derived penetration rates. However, the resulting higher capture rates are well within the range of prudent feasibility. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 43 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 STUDY AREA BUILDING AND UNIT TYPES Building and unit types most appropriate for the Downtown Study Area include: • Courtyard Apartment Building: In new construction, an urban, pedestrian-oriented equivalent to conventional garden apartments. An urban courtyard building is three or more stories, often combined with non-residential uses on the ground floor. The building should be built to the sidewalk edge and, to provide privacy and a sense of security, the first floor should be elevated significantly above the sidewalk. Bp@IIII IIS ► � � Courtyard apartment building ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 44 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • Loft Apartment Building: Either adaptive re-use of older warehouse or manufacturing buildings or a new-construction building type inspired by those buildings. The new- construction version usually has double-loaded corridors. Microlofts: Several cities across the country are changing minimum unit size requirements as part of a strategy to attract young knowledge workers. Millennial knowledge workers have responded positively to efficiency units as small as 220 square feet, often leasing out new micro loft projects within a matter of days. The City of Boston reduced the city's 450-square-foot unit minimum to 350 square feet in a pilot program currently limited to the South Boston "Innovation District." As of February, 2014, 353 micro-units have been approved. The first property to market micro-units, the 38-unit Factory 63, was completely leased within a week, reportedly all to renters who worked within a 10-block radius of the property. Initial rents were between $1,200 a month for 337 square feet to $2,450 for 597 square feet; fully-leased. There is a waiting list for vacancies in the property where rents now start at $1,699. 2 INNOVATION LOFT A 1 1 4 Q Factory 63. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 45 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 San Francisco has reduced allowable minimum from 290 square feet to 220 square feet, but limited the change to 375 units until market impact has been assessed by the City's planning department; the concern is that the higher-profit micro units could reduce housing opportunities for households with children. The first completed project, SoMa Studios with 23 295-square-foot units, was bulk leased for five years to the California College of the Arts. The same developer, Panoramic Interests, has a 160-unit building planned with 220-square- foot units slated when announced in 2012 with monthly rents between $1,300 and $1,500 ($5.90 to $6.80 per square foot); at the time the average San Francisco studio rent was $2,075 for 493 square feet, or $4.21 per square foot. The building will include substantial common space and parking for 240 bicycles but, other than a single car-share spot, no automobile parking. I r The SWo with a queen bed ,._.switched to dining table The Duo:two twin beds Panoramic Interests. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 46 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 In New York City a pilot program accommodates units smaller than the current 400-square- foot minimum. The first project, the 55-unit My Micro NY, won the City's "adapt NYC" micro-unit competition. Units in the modular building range from 250 to 370 square feet; 40 percent will be affordable. Every floor will have a common area, and the building will include an attic garden, a ground-floor porch, a lounge and a fitness deck. ' II APT. #3A - DAY W 10"h1ah call%rrl;Kv behind couch u:wd as pin-up wall;kitchen counter Ls down and wadv for°a coffee. F 4 I I k W:::1 S APT. #3A - NIGHT Cornrrtlble sofa-bed folded dmn;kitchen cuunicr folded uur,oolfe<table onwhiclsrelocated to Mall My Micro NY. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 47 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Because of their small size and intricate layouts, small units are challenging to develop within existing buildings. A U.S. example of creating micro-units through the adaptive re-use of a non-residential building is the redevelopment of the historic, 1828 Arcade building in Providence, Rhode Island. The oldest surviving indoor mall in the nation, the Arcade closed when its three-story interior retail format was no longer economically viable. It re-opened in 2014 with ground-level retail and its two upper levels converted into 48 dwellings, including 38 micro units ranging from 225 to 450 square feet furnished with built-in beds, storage, banquette seating. In February, 2014, when half the units were completed and occupied, there was a 2,000-name waiting list for the remaining units. Units are now fully leased at rents starting at $550 a month, $2.44 per square foot. r F-7 �'l I Arcade Building. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 48 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Hard Lofts: Unit interiors typically have high ceilings and commercial windows and are minimally finished (with minimal room delineations such as columns and fin walls), or unfinished (with no interior partitions except those for bathrooms). Soft Lofts: Unit interiors typically have high ceilings, are fully finished and partitioned into individual rooms. Units may also contain architectural elements reminiscent of"hard lofts," such as exposed ceiling beams and ductwork, concrete floors and industrial finishes, particularly if the building is an adaptive re-use of an existing industrial structure. Wr Hard loft r � ArAF y Soft loft ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 49 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Luxury Apartment: A more conventionally-finished apartment unit, typically with completely-partitioned rooms.—trim, interior doors, kitchens and baths are fitted out with higher-end finishes and fixtures. Luxury apartment ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 50 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • Mansion Apartment Building: A two- to three-story flexible-use structure with a street facade resembling a large detached or attached house (hence, "mansion"). The attached version of the mansion, typically built to a sidewalk on the front lot line, is most appropriate for downtown locations. The building can accommodate a variety of uses—from rental or for-sale apartments, professional offices, any of these uses over ground-floor retail, a bed and breakfast inn, or a large single-family detached house—and its physical structure complements other buildings within a neighborhood. Parking behind the mansion buildings can be either alley-loaded, or front-loaded served by shared drives Mansion buildings should be strictly regulated in form, but flexible in use. However, flexibility in use is somewhat constrained by the handicapped accessibility regulations in both the Fair Housing Act and the Americans with Disabilities Act. m m pp Ilnn i.II"91111111IIIIIIIIIIIIIIII IIIIIIIIIIIIIII if:: �»�- �� �����►►�II�►►►►I�!�"�' °� w - IIIIIIIIIIIIIII fli Y Mansion apartment building ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 51 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • Mixed-Use Building: A pedestrian-oriented building, either attached or free-standing, with apartments and/or offices over flexible ground floor uses that can range from retail to office to residential. did f� au:i4%3b. 1 L Mixed-use buildings ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 52 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 —SINGLE-FAMILY ATTACHED— Townhouse: Similar in form to a conventional suburban townhouse except that the garage—either attached or detached—is located to the rear of the unit and accessed from an alley or auto court. Unlike conventional townhouses, urban townhouses conform to the pattern of streets, typically with shallow front-yard setbacks. . w line V UP 1 Townhouses ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 53 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • Live-work is a unit or building type that accommodates non-residential uses in addition to, or combined with living quarters. The typical live-work unit is a building, either attached or detached, with a principal dwelling unit that includes space that can be used as office, retail, or studio space, or as an accessory dwelling unit. Regardless of the form they take, live-work units should be flexible in order to respond to economic, social and technological changes over time and to accommodate as wide as possible a range of potential uses. The unit configuration must also comply with the requirements of the Fair Housing Amendments Act and the Americans with Disabilities Act. Some of the most effective neighborhood revitalization efforts have incorporated live-work housing for artists and artisans. Perhaps the best example of arts-led revitalization has taken place on two nearly-adjacent blocks in downtown Providence, Rhode Island. In over decade an artists' non-profit, AS220, has re-developed a series of buildings with a mix of uses including eating and drinking establishments, retail uses, gallery and performance spaces, shared technical equipment, and work and residential studios. "Ir s r AS220 ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 54 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 The second redevelopment was the restoration of The Dreyfus, an historic hotel building and former dormitory that now includes a bar and restaurant and 14 residential studios, 11 of which rent to income-qualified artists. The most recent redevelopment is called the Mercantile Block, which includes ground floor market-rate retail, the group's shared print shop, a floor of office space, and two floors with 22 apartments. s r The Dreyfus ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 55 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 METHODOLOGY The technical analysis of market potential for Downtown Corpus Christi included determination of the draw areas—based on the most recent migration data for Nueces County, and incorporating additional data from the 2012 American Community Survey for Nueces County and the City of Corpus Christi—as well as compilation of current residential rental and for-sale activity in the Corpus Christi market area. The evaluation of the city's market potential was derived from the target market analysis of households in the draw areas, and yielded: • The depth and breadth of the potential housing market by tenure (rental and ownership) and by type (apartments, attached and detached houses); and • The composition of the potential housing market (empty-nesters/retirees, traditional and non-traditional families, younger singles/couples). NOTE:The Appendix Tables referenced here are provided in a separate document. DELINEATION OF THE DRAW AREAS (MIGRATION ANALYSIS)— Taxpayer migration data provide the framework for the delineation of the draw areas—the principal counties of origin for households that are likely to move to Nueces County and the City of Corpus Christi. These data are maintained at the county and "county equivalent" level by the Internal Revenue Service and provide a clear representation of mobility patterns. The migration data for the county has been supplemented by mobility data from the 2012 American Community Survey for the City of Corpus Christi. Appendix One, Table 1. Migration Trends Analysis of the most recent Nueces County migration data available from the Internal Revenue Service—from 2005 through 2009—shows that the county consistently lost households over the study period. (See Appendix One, Table 1.) Annual in-migration into the county rose from 7,015 households in 2006 (the lowest in-migrating total over the five years) to 7,575 households in 2008 (the highest in-migrating total), but falling ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 56 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 again to 7,155 households in 2009. Nearly 30 percent of the county's in-migration is from just five counties: the adjacent counties of San Patricio, Kleberg, and Jim Wells, as well as Bexar County (City of San Antonio) and Harris County (City of Houston). It is likely that migration data from 2010 and ensuing years will show increasing in-migration due both to the lessening of the impact of the Great Recession (household mobility typically drops during recessions) and the recent oil boom resulting from the development of the Eagle Ford Shale formation. Historically, although the numbers of households that move are likely to vary from year to year, migration patterns (the counties from which households are moving) typically remain consistent. Between 2005 and 2009, the number of households moving out of the county each year generally ranged between 7,685 out-migrating households in 2005 to 7,545 out-migrating households in 2009, with a study period peak of 7,730 out-migrating households in 2006. Net migration—the difference between the number of households that move into a given area and the number that move out—in the county ranged from a peak net loss of 715 households in 2006, to a net loss of only 60 households in 2008. In 2009, the net loss rose again to 390 households. Each year, the county loses households to Bexar and Harris Counties, but gains a small number of households adjacent San Patricio, Kleberg, and Jim Wells Counties. NOTE: Even though net migration provides insights into a county's historical ability to attract or retain households compared to other locations, it is those households likely to move into an area (gross in-migration) that represent that area's external market potential. Based on the migration data, then, the draw areas for Nueces County and the City of Corpus Christi have been delineated as follows: • The local (internal) draw area, covering households currently living within the Corpus Christi city limits; • The county (external) draw area, covering households currently living in the balance of Nueces County; • The regional (external) draw area, covering households with the potential to move to the City of Corpus Christi from the adjacent San Patricio, Kleberg, and Jim Wells ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 57 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Counties as well as Bexar County (City of San Antonio) and Harris County (City of Houston); and • The national (external) draw area, covering households with the potential to move to the City of Corpus Christi from all other U.S. counties. Migration Methodology: County-to-county migration is based on the year-to-year changes in the addresses shown on the population of returns from the Internal Revenue Service Individual Master File system. Data on migration patterns by county, or county equivalent, for the entire United States, include inflows and outflows. The data include the number of returns (which can be used to approximate the number of households), and the median and average incomes reported on the returns. 2014 TARGET MARKET CLASSIIFICATION OF CITY AND COUNTY HOUSEHOLDS— Geo-demographic data obtained from The Nielsen Company provide the framework for the categorization of households, not only by demographic characteristics, but also by lifestyle preferences and socio-economic factors. An appendix containing detailed descriptions of each of these target market groups is provided along with the study. The three main lifestages are: • Younger singles and couples, largely one- and two-person households with the head of household typically aged between 20 and 40, encompassing the leading edge of the Millennial generation, who were born between 1977 and 1996; • Families, comprising both "traditional' families (married couples with one or more children) and "non-traditional' families (a wide range of family households, from a single parent with one or more children, an adult caring for younger siblings, a grandparent with custody of grandchildren, to an unrelated, same-sex couple with children), primarily Generation X, born between 1965 and 1976; and ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 58 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 • Empty nesters and retirees, largely one- and two-person households with the head of household typically aged over 50, primarily encompassing the Baby Boom generation, born between 1946 and 1964, as well as earlier generations. Appendix One, Tables 2 and 3. Target Market Classifications An estimated 118,660 households live in the City of Corpus Christi in 2014. (Reference Appendix One, Table 2.) Over 46 percent of the city's households can be characterized as empty nesters and retirees, 35.1 percent can be characterized as traditional and non-traditional families, and the remaining 18.5 percent can be characterized as younger singles and couples. Median income within the city is estimated at $45,400, 12 percent lower than the national median of $51,600. Median value of owner-occupied dwellings within the city is estimated at $119,700, over 34 percent less than the national median of$182,100. Nueces County is estimated to comprise 130,735 households in 2014. (See Appendix One, Table 3.) Approximately 47.6 percent of county households can be characterized as empty nesters and retirees, 35.4 percent can be characterized as traditional and non-traditional families, and the remaining 17.1 percent can be characterized as younger singles and couples. County median income is estimated at $45,000, $400 less than the city median. Median value of owner-occupied dwellings within the county is estimated at $116,300, $3,400 below the city median. Target Market Methodology: The proprietary target market methodology developed by Zimmerman/Volk Associates is an analytical technique, using the PRIZM NE household clustering system, that establishes the optimum market position for residential development of any property—from a specific site to an entire political jurisdiction—through cluster analysis of households living within designated draw areas. In contrast to conventional supply/demand analysis—which is based on supply-side dynamics and baseline demographic projections—target market analysis establishes the optimum market position ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 59 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 derived from the housing and lifestyle preferences of households in the draw area and within the framework of the local housing market context, even in locations where no close comparables exist. Clusters of households (usually between 10 and 15) are grouped according to a variety of significant "predictable variables," ranging from basic demographic characteristics, such as income qualification and age, to less-frequently considered attributes known as "behaviors," such as mobility rates, lifestage, and lifestyle patterns. Mobility rates detail how frequently a household moves from one dwelling unit to another. Lifestage denotes what stage of life the household is in, from initial household formation (typically when a young person moves out of his or her parents' household into his or her own dwelling unit), through family formation (typically, marriage and children) to retirement (typically, no longer employed). Lifestyle patterns reflect the ways households choose to live, e.g., an urban lifestyle includes residing in a dwelling unit in a city, most likely high-density, and implies the ability to walk to more locations than a suburban lifestyle, which is most likely lower-density and typically requires automobile ownership to get to non-residential locations. Zimmerman/Volk Associates has refined the analysis of these household clusters through the correlation of more than 500 data points related to housing preferences and consumer and lifestyle characteristics. As a result of this process, Zimmerman/Volk Associates has identified 41 target market groups with median incomes that enable most of the households within each group to qualify for market-rate housing. The most affluent of the 41 groups can afford the most expensive new ownership units; the least prosperous are candidates for the least expensive existing rental apartments. Another 25 groups have median incomes such that most of the households require housing finance assistance. Once the draw areas for a property have been defined, then—through field investigation, analysis of historic migration and development trends, and employment and commutation patterns—the households within those areas are quantified using the target market methodology. The potential ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 60 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 market for new dwelling units is then determined by the correlation of a number of factors— including, but not limited to: household mobility rates; median incomes; lifestyle characteristics and housing preferences; the location of the study area; and the current supply-side context. DETERMINATION OF MARKET POTENTIAL FOR THE CITY OF CORPUS CHRISTI (MOBILITY ANALYSIS)— The mobility tables, individually and in summaries, indicate the number and type of households that have the potential to move within or to the City of Corpus Christi over the next five years. The total number from each county is derived from historic migration trends; the number of households from each group is based on each group's mobility rate. Appendix One, Table 4. Internal Mobility (Households Moving Within the City of Corpus Christi)— Zimmerman/Volk Associates uses U.S. Bureau of the Census data from the American Community Survey, combined with data from the Nielsen Company, to determine the number of households in each target market group that will move from one residence to another within a specific jurisdiction in a given year (internal mobility). Using these data, Zimmerman/Volk Associates has determined that an average of 14,475 households currently living in the City of Corpus Christi have the potential to move from one residence to another—rental or ownership, new or resale—within the city each year over the next five years. Approximately 47.7 percent of these households are likely to be traditional and non-traditional families (in all market groups); 38.9 percent are younger singles and couples (in all but one group); and the remaining 13.4 percent are empty nesters and retirees (in all groups). Appendix One, Table 5. External Mobility (Households Moving to the City of Corpus Christi from the Balance of Nueces County)— The same sources of data are used to determine the number of households in each target market group that will move from one area to another within the same county. ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 61 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 The data shows that an average of 1,315 households, currently living in the balance of Nueces County, have the potential to move from a residence in the county to a residence in the City of Corpus Christi each year over the next five years. More than 58 percent of these households are likely to be traditional and non-traditional families (in six market groups); 33.5 percent are empty nesters and retirees (in 12 groups); and the remaining 8.4 percent are younger singles and couples (in one group). Appendix One, Tables 6 and 7;Appendix Two, Tables 1 through 5. External Mobility (Households Moving to the City of Corpus Christi from Outside Nueces County) These tables determine the number of households in each target market group living in each draw area county and the balance of the United States that are likely to move to the City of Corpus Christi each year over the next five years (through a correlation of Nielsen data, U.S. Bureau of the Census data, and the Internal Revenue Service migration data). Appendix One, Table 8. Annual Market Potential for the City of Corpus Christi— This table summarizes Appendix One, Tables 4 through 7. The numbers in the Total column on page one indicate the depth and breadth of the potential market for new and existing dwelling units in the City of Corpus Christi annually over the next five years originating from households currently living in the draw areas. An average of 23,645 households have the potential to move within or to the City of Corpus Christi each year over the next five years. Traditional and non-traditional families are likely to account for 45.4 percent of these households (in all of Zimmerman/Volk Associates' target market family groups); 38.5 percent are likely to be younger singles and couples (in all of the younger target market groups); and the remaining 16.1 percent are likely to be empty nesters and retirees (in all of the empty nest/retiree groups). As derived from the migration and mobility analyses, then, the distribution of the draw areas as a percentage of the potential market for new or existing dwelling units in the City of Corpus Christi is outlined on the following page (see again Appendix One, Table 8): ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 62 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Potential Housing Market by Draw Area City of Corpus Christi, Nueces County, Texas City of Corpus Christi: 61.2% Balance of Nueces County: 5.6% San Patricio,Bexar,Harris,Kleberg, and Jim Wells Counties: 8.3% Balance of US: 24.9% Total: 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. DETERMINATION OF THE POTENTIAL MARKET FOR THE DOWNTOWN CORPUS CHRISTI STUDY AREA— The total potential market for new market-rate housing units within the Downtown Corpus Christi Study Area includes the same draw areas. Zimmerman/Volk Associates uses U.S. Bureau of the Census data, combined with Nielsen data, to determine which target market groups, as well as how many households within each group, are likely to move to the Downtown over a five-year period. Appendix One, Tables 9 through 11. Market Potential for the Downtown Corpus Christi Study Area— As derived by the target market methodology, an average of 3,405 households have the potential to rent or purchase new market-rate housing units in the Downtown Corpus Christi Study Area each year over the next five years. (Reference Appendix One, Table 09.) Over 60 percent of these households are likely to be younger singles and couples (in seven market groups); another 23.3 percent are likely to be empty nesters and retirees (in 11 groups); and 16.4 percent are likely to be traditional and non-traditional families (in four groups). The distribution of the draw areas as a percentage of the market for the Downtown Study Area is shown on the following page: ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 63 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Market Potential by Draw Area DOWNTOWN CORPUS CHRISTI STUDY AREA City of Corpus Christi, Nueces County, Texas City of Corpus Christi: 60.8% Balance of Nueces County: 1.0% San Patricio,Bexar,Harris, Meberg, and Jim Wells Counties: 6.6% Balance of US: 31.6% Total: 100.0% SOURCE:Zimmerman/Volk Associates,Inc.,2014. The 3,405 draw area households that have the potential to move to the Downtown Study Area each year over the next five years have been categorized by tenure propensities to determine renter/owner ratios. Approximately 43.5 percent of these households (1,480 households) comprise the potential market for new market-rate rentals. The remaining 56.5 percent (or 1,925 households) comprise the market for new market-rate for-sale (ownership) housing units. (Reference Appendix One, Table 10.) Of these 1,925 households, 37.2 percent (or 715 households) comprise the market for new multi- family for-sale units (condominium apartments and lofts). Another 30.6 percent (620 households) comprise the market for new attached single-family (townhouse/rowhouse/live-work) for-sale units. The remaining 32.2 percent (or 620 households) comprise the market for all ranges and densities of new single-family detached houses. (Reference Appendix One, Table 11.) —Target Market Data— Target market data are based on the Nielsen (formerly Claritas) PRIZM geo-demographic system, modified and augmented by Zimmerman/Volk Associates as the basis for its proprietary target market methodology. Target market data provides number of households by cluster aggregated into the three main demographic categories—empty nesters and retirees; traditional and non-traditional families; and younger singles and couples. Zimmerman/Volk Associates' target market classifications are updated periodically to reflect the slow, but relentless change in the composition of American households. Because of the nature of ZIMMERMAN/YOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 64 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 geo-demographic segmentation, a change in household classification is directly correlated with a change in geography, i.e.—a move from one neighborhood condition to another. However, these changes of classification can also reflect an alteration in one of three additional basic characteristics: • Age; • Household composition; or • Economic status. Age, of course, is the most predictable, and easily-defined of these changes. Household composition has also been relatively easy to define; recently, with the growth of non-traditional households, however, definitions of a family have had to be expanded and parsed into more highly-refined segments. Economic status remains clearly defined through measures of annual income and household wealth. A change in classification is rarely induced by a change in just one of the four basic characteristics. This is one reason that the target household categories are so highly refined: they take in multiple characteristics. Even so, there are some rough equivalents in household types as they move from one neighborhood condition to another. There is, for example, a strong correlation between the Suburban Achievers and the Urban Achievers; a move by the Suburban Achievers to the urban core can make them Urban Achievers, if the move is accompanied by an upward move in socio-economic status. In contrast, Suburban Achievers who move up socio-economically, but remain within the metropolitan suburbs may become Fast-Track Professionals or The vzps. Household Classification Methodology: Household classifications were originally based on the Claritas PRIZM geo-demographic segmentation system that was established in 1974 and then replaced by PRIZM NE in 2005. The revised household classifications are based on PRIZM NE which was developed through unique classification and regression trees delineating 66 specific clusters of American households. The system is now accurate to the individual household level, adding self-reported and list-based household data to geo- demographic information. The process applies hundreds of demographic variables to nearly 10,000 "behaviors." ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B AN ANALYSIS OF RESIDENTIAL MARKET POTENTIAL Page 65 The Downtown Corpus Christi Study Area City of Corpus Christi,Nueces County, Texas October,2014 Over the past 26 years, Zimmerman/Volk Associates has augmented the PRIZM cluster systems for use within the company's proprietary target market methodology specific to housing and neighborhood preferences, with additional algorithms, correlation with geo-coded consumer data, aggregation of clusters by broad household definition, and unique cluster names. For purposes of this study, only those households in groups with median incomes of$50,000 or more are included in the tables. ZIMMERMANNOLK ASSOCIATES,INC. EXHIBIT B ZIMMERMANNOLK ASSOCIATES, INC. P.O.Box 4907 Clinton, New Jersey 08809 908-735-6336 info@ZVA.cc•www.ZVA.cc Research&Strategic Analysis ASSUMPTIONS AND LIMITATIONS— Every effort has been made to insure the accuracy of the data contained within this analysis. Demographic and economic estimates and projections have been obtained from government agencies at the national, state, and county levels. Market information has been obtained from sources presumed to be reliable, including developers, owners, and/or sales agents. However, this information cannot be warranted by Zimmerman/Volk Associates, Inc. While the methodology employed in this analysis allows for a margin of error in base data, it is assumed that the market data and government estimates and projections are substantially accurate. Absorption scenarios are based upon the assumption that a normal economic environment will prevail in a relatively steady state during development of the subject property. Absorption paces are likely to be slower during recessionary periods and faster during periods of recovery and high growth. Absorption scenarios are also predicated on the assumption that the product recommendations will be implemented generally as outlined in this report and that the developer will apply high-caliber design, construction, marketing, and management techniques to the development of the property. Recommendations are subject to compliance with all applicable regulations. Relevant accounting, tax, and legal matters should be substantiated by appropriate counsel. EXHIBIT B ZIMMERMANNOLK ASSOCIATES, INC. P.O.Box 4907 Clinton, New Jersey 08809 908 735-6336 www.ZVA.cc •info@ZVA.cc Research&Strategic Analysis RIGHTS AND STUDY OWNERSHIP— Zimmerman/Volk Associates, Inc. retains all rights, title and interest in the methodology and target market descriptions contained within this study. The specific findings of the analysis are the property of the client and can be distributed at the client's discretion. ZIMMERMANNOLK ASSOCIATES,INC.,2014 EXHIBIT B W-Z H A, LLC OFFICE, RETAIL, AND HOTEL MARKET ASSESSMENT CORPUS CHRISTI, TEXAS Submitted By: W-ZHA, LLC September, 2014 EXHIBIT B W-ZHA, LLC INTRODUCTION This report provides a baseline analysis of current conditions and recent trends in the Corpus Christi marketplace. Key market indicators and trends are presented for the office, retail and hotel markets. Market opportunities are identified, on a preliminary basis, given 10-year population and employment projections. EXECUTIVE SUMMARY • The City of Corpus Christi's population has grown rapidly recently with over 40,000 more residents and approximately 20,000 more households today than there were in 2010. • With 80 percent of the region's job, City of Corpus Christi is the employment hub of the Coastal Bend region. • Like the population, employment has grown in Corpus Christi and the City continues to enjoy an unemployment rate below the state and national average. • Corpus Christi's office market is quite weak with relatively high vacancy and low rents. Growth in the regional economy has had relatively little impact on the office market. Future employment growth among industries that typically occupy office space will likely reduce vacancy over the next decade. The prospects for new general office construction are constrained average rents that are not sufficient to cover construction costs. • Corpus Christi is a shopping destination for the region. It does not appear, however, that tourists are contributing signficantly to retail sales. The data do indicate that the tourisst market greatly contributes to eating and drinking sales in the City. Population growth over the next decade will result in demand for approximately one million square feet of new retail and eating and drinking development in the City. • With an overall occupancy rate of 65 percent and average revenue per available room over $70.00, the midscale and upscale hotel market is healthy. The hotel market benefits from a robust business and tourist market. Employment growth alone over the next decade will generate demand for an additional 300 to 500 rooms in Corpus Christi. EXHIBIT B -2 - —ZHA, LLC ECONOMIC FRAMEWORK Demographics The Corpus Christi Metropolitan Area consists of Nueces,Aransas and San Patricio counties. MetropolitanMost Populous State of Texas 2010 2010 Population Dallas-Fort Worth -Arlington 1 4 6,526,548 Houston -Sugar Land - Baytown 2 5 6,086,538 San Antonio- New Braunfels 3 25 2,142,508 Austin-Round Rock-San Marcos 4 35 1,716,289 EI Paso- Las Cruces 5 58 1,045,180 McAllen - Edinburg - Mission 6 68 774,769 Corpus Christi 7 114 428,185 Brownsville- Harlingen 8 126 406,220 Killeen - Temple- Fort Hood 9 127 405,300 Beaumont- Port Arthur 10 132 388,745 Source: US Census; W-ZHA F:\8000s, misc\82325 Corpus Christi\[house hold trend.xlsx]Sheet4 The Corpus Christi Metro Area is the 7th most populous Metro Area in Texas. In terms of total population the Metro Area ranked 114th in the Country. Population and Households Select Areas 2014 Population Households City # Share # City Share Coastal Bend 590,567 54% 214,141 55% Corpus Christi Metro 444,428 72% 164,746 72% Nueces County 353,424 90% 130,736 91% Corpus Christi City 318,033 100% 118,651 100% Source: Claritas,Inc.;W-ZHA f:\8000s,misc\82325 Corpus Christi\[household trend.xlsx]exist The Coastal Bend region consists of Aransas, Bee, Brooks, Duval,Jim Wells, Kenedy, Kieberg, Live Oak, McMullen, Nueces, Refugio, and San Patricio counties. The Coastal Bend region contains approximately EXHIBIT B -3 - -ZHA, LLC 444,000 people. Nueces County is the largest county in the region-it accounts for 60 percent of Coastal Bend's population. Most Populous Cities State of Texas 2013 13 Est. Population Houston Houston 1 2,195,914 San Antonio- New Braunfels 2 1,409,019 Dallas 3 1,257,676 Austin 4 885,400 Fort Worth 5 792,727 EI Paso 6 674,433 Arlington 7 379,577 Corpus Christi 8 316,381 Plano 9 274,409 Laredo 10 248,142 Source: US Census; W-ZHA f:\8000s, misc\82325 Corpus Christi\[household trend.xlsx]city r Corpus Christi is the 8th largest city in Texas. The U.S. Census estimated the City's population to be approximately 316,400 in 2013. Claritas, Inc. estimates that the City's current population is approximately 318,000. Population . Household Trends CorpusTexas,Coastal Bend, . . rrr r r r . Population Change 2000-2010 2010-2014 2000-2014 rrr r r # I Avg Ann # Avg Ann # Avg Ann Texas 1.9% 1.5% 1.8% Coastal Bend 549,082 571,987 590,567 22,905 0.4% 18,580 0.8% 41,485 0.5% Corpus Christi Metro 403,279 428,185 444,428 24,906 0.6% 16,243 0.9% 41,149 0.7% Nueces County 313,641 340,223 353,424 26,582 0.8% 13,201 1.0% 39,783 0.9% Corpus Christi City 277,552 305,215 318,033 27,663 1.0% 12,818 1.0% 40,481 1.0% Households 2000-2010 2010-2014 2000-2014 rrr r r # I Avg Ann # T Avg Ann # Avg Ann Texas 1.9% 1.5% 1.8% Coastal Bend 189,303 205,406 214,141 16,103 0.8% 8,735 1.0% 24,838 0.9% Corpus Christi Metro 141,591 157,019 164,746 15,428 1.0% 7,727 1.2% 23,155 1.1% Nueces County 110,364 124,587 130,736 14,223 1.2% 6,149 1.2% 20,372 1.2% Corpus Christi City 98,922 112,843 118,651 1 13,921 1.3% 5,808 1.3% 19,729 1.3% Source: Claritas,Inc.,W-ZHA F:\8000s,misc\82325 Corpus Christi\[house hold trend.xlsx]pop trend EXHIBIT B -4- -Z HA, LLC The City of Corpus Christi has grown faster than its region over the last fourteen years. The City's households grew at an average rate of 1.3 percent per year between 2000 and 2014. Households by Lifestage Corpus Christi Metropolitan Area and Corpus Christi City 2014 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Younger Years Family Life Mature Years Metro Area City Source: Claritas;W-ZHA As compared to the Metro Area, the City of Corpus Christi contains a higher share of households that are young and childless. Like the Metro Area, almost half of the City's households are in their "mature years" (older households without children at home). • • Two-Person Households Coastal Bend, CC MSA, Nueces County, 2014 111111101111111 1111112=11111 Coastal Bend 121,181 57% Corpus Christi Metro 93,698 57% Nueces County 73,841 56% Corpus Christi City 67,666 57% Source: Claritas, Inc.; W-ZHA F:\8000s, misc\82325 Corpus Christi\[household trend.xlsx]proj by hshld type Over half of the City's households are one-and two-person households. This is the case throughout the Coastal Bend region. EXHIBIT B -5 - — HA, LLC Population Projections Coastal Bend, Nueces County,Corpus Christi City 2014,2020,2024,2030 Population # Avg Ann. Texas 26,668,922 29,510,184 29,510,184 33,628,653 2,841,262 0.7% Coastal Bend 590,567 614,790 633,185 661,815 42,618 0.5% Nueces County 353,424 374,157 387,167 407,534 33,743 0.7% Corpus Christi City 318,033 335,657 347,328 365,599 29,295 0.6% Source: Texas Water Development Board;W-ZHA f:\8000s,misc\82325 Corpus Christi\[household trend.xlsx]pop proj According to projections from the Texas Water Development Board, the population growth rate will be slower in the next decade than it was from 2000 to 2014. The State's population is projected to grow 0.7 percent per year over the next ten years. The City's growth rate is projected to be 0.6 percent per year over this same time period. Median . Select Areas i - Texas $50,464 Coastal Bend $44,285 Corpus Christi Metro $45,749 Nueces County $44,979 Corpus Christi City $45,408 Source: Claritas, Inc.; W-ZHA f:\8000s, misc\82325 Corpus Christi\[household trend.xlsx]median income The region's median household income is below the Texas average. The median income among City households is $45,400. EXHIBIT B -6 - -Z HA, LLC Median Household Income by Census Tract Corpus Christi City 2014 EXAS'�- y aJn�' •�tir'v,� _ •1 f �M'- a 1 m.. F - � '.f-.—.....•' � rpt A. vl Awl~ : //// �'•�—�,�` rpus Chnstf y f LEGEND [Ned�an�nmme[ g+' pgmv y ���. ,3saoor000� �' If 3seoo ro nvn - �s0000 m ws� �s,aw m vis d, oar — 3 1.5 9.5 , MYq Source: Claritas, Inc.;W-ZHA The map illustrates median household income by census tract. Incomes are high on Padre Island and in the South Side neighborhood. EXHIBIT B -7 - —Z HA, LLC Employment As of 2013, there were 187,770 jobs in the Corpus Christi Metropolitan Area. City Share of Metropolitan Area Employment Corpus Christi Metropolitan Area and Corpus Christi City 2011 Metropolitan Area,21% \ Vocoro.Christi City,79% Source: US Census;W-ZHA Almost 80 percent of these jobs are located in the City of Corpus Christi. . . Ten Employers Corpus Christi Metro Area 2012 Type of Product -Service . . Corpus Christi Army Depot Helicopter Repair 6,500 Corpus Christi ISD School District 5,178 CHRISTUS Spohn Health System Hospital 5,144 H.E.B Grocery 5,000 City of Corpus Christi City Government 3,171 Naval Air Station -Corpus Christi Flight Training 2,822 Kiewit Offshore Services Offshore Rig Manufacturer 2,200 Bay, LTD Industrial Construction 2,100 Driscoll Children's Hospital Hospital 1,800 Del Mar College Junior College 1,542 Source: Corpus Christi Regional Economic Development Corporation; W-ZHA F:\8000s, misc\82325 Corpus Christi\[economy emp.xls]employers EXHIBIT B -8- —Z HA, LLC There are large public sector and private sector employers in the Corpus Christi Metro Area. Health, energy and the military play a major role in the Corpus Christi economy. Employment by Industry Texas and the Corpus Christi Metropolitan Area 2013 20.0% m 18.0% c 16.0% 14.0% +° 12.0% 10.0% - w 8.0% 6.0% s 4.0% — '" 2.0% — 0.0% e`' a' Q �a\a� mea\ e�0�t (-P a�Q' o\e�a\� SIP t ■Texas Metro Area Source: Texas Workforce Commission;W-ZHA Compared to Texas, the Corpus Christi Metropolitan Area has a higher share of its employment in the mining, construction, health, and tourism industries. According to the Convention and Visitors Bureau, Corpus Christi is the 5t" most popular tourist destination in Texas. An estimated 7.1 million visitors spent over 18 million days in the Corpus Christi area in 2011. Approximately 43 percent of Corpus Christi's tourism is nature tourism. EXHIBIT B -9 - —ZHA, LLC Relative Employment Performance(1995 = 100) United States and Corpus Christi Metropolitan Area 1995-2013 130 125 120 X 115 c 110 105 100 Ln Lo r� 00 01 O —1 N M � Ln LD r� 00 01 O c-1 N M 01 Q1 Q1 Q1 Q1 O O O O O O O O O O r-i r-i r-i r-I Ql Ql Ql M M O O O O O O O O O O O O O O c-I c-I c-I —i —i N N N N N N N N N N N N N N US °Corpus Christi Source: Moody's Analytics;W-ZHA The Corpus Christi Metroplitan economy is expanding at a rapid pace and employment is at an all time high. Growth is being driven by drilling in the Eagle Ford Shale and rising exports from the Port of Corpus Christi. Unemployment CorpusUS, Texas, . 2014 Unemployment Rate United States 5.9% Texas 4.7% Corpus Christi Metro 4.6% Corpus Christi City 4.2% Source: Texas Workforce Commission; W-ZHA F:\8000s, misc\82325 Corpus Christi\[economy emp.xls]current unemployment The City's unemployment rate is well below the State and National average. Corpus Christi has maintained a low unemployment rate, while it's labor force has been expanding rapidly. EXHIBIT B - 10- -ZHA, LLC Unemployment Rate Texas,Corpus Christi Metropolitan Area and Corpus Christi City 2000-2013 9.0% 8.0% d 7.0% M M 6.0% c 5.0% c 4.0% a GE 3.0% c 2.0% 1.0% 0.0% O -1 N M � Ln lD r, 00 Q1 O c-1 N M O O O O O O O O O O -1 -1 -1 -1 O O O O O O O O O O O O O O N N N N N N N N N N N N N N Texas °Corpus Christi Metro Corpus Christi City Source: Texas Workforce Commission;W-ZHA As illustrated in the graph above,the City's unemployment rate has been consistently below the Metropolitan Area's and Texas' unemployment rate. Employment Trends by Major Industry Corpus Christi Metropolitan Area 2003,2008,2013 o00•s LLL LL LL 2003 •,2008 1 1 2013 --7-177g Ann # I Avg Ann I I Avg Ann Natural Resources and Mining 2.85 4.88 7.48 2.0 21.3% 2.6 8.9% 4.6 10.1% Construction 14.35 17.69 16.40 3.3 2.7% (1.3) -1.5% 2.0 1.3% Manufacturing 11.87 11.08 9.77 (0.8) -3.8% (1.3) -2.5% (2.1) -1.9% Wholesale Trade 5.03 5.90 5.90 0.9 3.2% 0.0 0.0% 0.9 1.6% Retail Trade 19.01 21.13 20.77 2.1 1.8% (0.4) -0.3% 1.8 0.9% Transportation,Warehousing,and Utilities 5.34 5.55 7.01 0.2 5.6% 1.5 4.8% 1.7 2.8% Information 2.73 2.47 2.08 (0.3) -5.4% (0.4) -3.4% (0.7) -2.7% Financial Activities 7.77 8.18 7.77 0.4 0.0% (0.4) -1.0% 0.0 0.0% Professional and Business Services 16.02 16.61 15.69 0.6 -0.4% (0.9) -1.1% (0.3) -0.2% Education 0.60 0.74 0.86 0.1 7.3% 0.1 3.1% 0.3 3.6% Health 23.86 26.83 28.95 3.0 3.9% 2.1 1.5% 5.1 2.0% Leisure and Hospitality 18.61 20.78 24.14 2.2 5.3% 3.4 3.0% 5.5 2.6% Other Services 6.70 7.15 7.73 0.5 2.9% 0.6 1.6% 1.0 1.4% Total Government 31.90 33.54 33.24 1.6 0.8% (0.3) -0.2% 1.3 0.4% Total Non-Agricultural Employment 166.65 182.52 187.77 15.9 2.4% 5.3 0.6% 21.1 1.2% Source: Moody's Analytics;W-ZHA F:\8000s,misc\82325 Corpus Christi\[economy emp.x1s]Sheet1 The greatest job gains since 2003 have occurred in the leisure and hospitality, health and mining industries. Employment the natural resources and mining industry grew by an average of 10 percent per year from 2003 to 2013. This was growth was driven by Eagle Ford Shale. EXHIBIT B LL11 - 11 - —ZHA, LLC Between 2003 and 2013 jobs were lost in industries that typically occupy office space (information, financial activities, and professional and business service industries). Approximately, 1,000 jobs were lost in these industries during this timeframe. Relative Employment Performance Projection(1995 = 100) United States and Corpus Christi Metropolitan Area 1995—2023 150 145 140 135 X 130 125 c 120 — 115 — 110 — 105 — 100 �h 01 9� Oti O3 O� 01 y� _1C 1� ,LO ,LO ,LO LO LO LO LO LO LO LO LO LO US Corpus Christi Source: Moody's Analytics;W-ZHA According to projections from Moody's Analytics, a national economics firm, the Corpus Christi Metropolitan Area will continue to outperform the United States in employment growth. Moody's outlook for Corpis Christi is optimistic as a result of output growth from Eagle Ford Shale and port infrastrucure expansion. These drivers are also expected to spur jobs gains in construction and professional services. Associated income growth is also expected to drive other industries such as retail and leisure and hospitality. EXHIBIT B - 12 - -ZHA, LLC Employment Trends by Major Industry Corpus Christi Metropolitan Area 2013,2018,2023 000's ��� 00 2013 •,2018 2023 # Avg Ann #, Avg Ann I Avg Ann Natural Resources and Mining 7.48 9.66 10.50 2.2 7.0% 0.8 1.7% 3.0 3.4% Construction 16.40 20.17 19.35 3.8 3.4% (0.8) -0.8% 2.9 1.7% Manufacturing 9.77 9.81 9.48 0.0 -0.6% (0.3) -0.7% (0.3) -0.3% Wholesale Trade 5.90 6.27 6.18 0.4 0.9% (0.1) -0.3% 0.3 0.5% Retail Trade 20.77 21.63 22.24 0.9 1.4% 0.6 0.6% 1.5 0.7% Transportation,Warehousing,and Utilities 7.01 7.76 7.68 0.7 1.8% (0.1) -0.2% 0.7 0.9% Information 2.08 2.12 2.12 0.0 0.5% 0.0 0.1% 0.0 0.2% Financial Activities 7.77 8.55 8.77 0.8 2.5% 0.2 0.5% 1.0 1.2% Professional and Business Services 15.69 16.89 17.93 1.2 2.7% 1.0 1.2% 2.2 1.3% Education 0.86 0.98 1.07 0.1 4.5% 0.1 1.6% 0.2 2.2% Health 28.95 34.03 38.41 5.1 5.8% 4.4 2.4% 9.5 2.9% Leisure and Hospitality 24.14 29.38 32.56 5.2 6.2% 3.2 2.1% 8.4 3.0% Other Services 7.73 8.74 9.26 1.0 3.7% 0.5 1.2% 1.5 1.8% Total Government 33.24 35.37 36.67 2.1 2.0% 1.3 0.7% 3.4 1.0% Total Non-Ag Employment 187.77 211.37 222.21 23.6 3.4% 10.8 1.0% 34.4 1.7% Office-Inclined Employment 27.31 29.54 30.91 2.2 2.5% 1.4 0.9% 3.6 1.2% Source: Moody's Analytics;W-ZHA F:\8000s,misc\82325 Corpus Christi\[economy emp.xls]proj The industries forecasted to experience the greatest job gains are the health industry and leisure and hospitality. OFFICE MARKET Existing Conditions and Trends Office CorpusOffice Quarter Building Class M, Class A 938,000 Class B 6,579,000 Class C 2,210,000 Total 9,727,000 Source: CoStar Group and Burbach Associates;Texas Real Estate Center at Texas A&M University, "2013 Texas Metro Market Overview data";W-ZHA According to data provided by the Costar Group and Burbach &Associates,there are currently 9.7 million square feet of office space in the Corpus Christie market. EXHIBIT B - 13 - —ZHA, LLC Office Supply Corpus Christi Market 4`"Quarter 2013 `Class A, 10% Class C,23%� Class B, 68% Only 10 percent of the office supply is classified as Class A office space. Almost 70 percent of the office supply is classified as Class B office space. Office CorpusOffice Quarter Central Business District 4,497,000 46% South Side 2,213,000 23% Mid-City 1,486,000 15% West Side 658,000 7% Other* 873,000 9% Tota 1 9,727,000 100% * The data from the "2013 Texas Metro Market Overview" is not consistent. The "Other" category was created to compensate for total supply discrepancies. Source: Costar Group and Burbach Associates;Texas Real Estate Center at Texas A&M University,"2013 Texas Metro Market Overview Data";W-ZHA EXHIBIT B - 14- —Z HA, LLC The Central Business District (CBD) is the largest sub-market containing slightly less than half of all of the office space in the Corpus Christi market. The South Side is the second largest sub-market with 2.2 million square feet. The largest office buildings are located in the Uptown and Central Business District. Many of these buildings are struggling—they have a lot of available space. The three Class A buildings listing space for- lease on Loopnet, a commercial property listing service, have a combined vacancy rate of 24 percent— over 230,000 square feet of Class A space is available for-lease. Office Space Corpus Christi Downtown and Uptown Market 2014 Building Name SF % One Shoreline Plaza 800 N Shoreline Blvd A 363,300 86,465 24% Frost Bank Plaza 802 N Carancahua St A 310,858 58,925 19% Tower II 555 N Carancahua St A 289,462 86,090 30% Bank of America Building 500 North Shoreline B 350,000 50,000 14% Bayview Tower 400 Mann St B 120,000 10,000 8% Furman Plaza 418 Peoples St B 25,428 8,530 34% AEP Building 539 N Carancahua St B 280,744 11,393 4% American Bank Building 711&811 N.Carancahua St B 234,270 31,530 13% Park Tower 710 Buffalo St B 79,070 22,642 29% Source: Loopnet;W-ZHA f:\8000s,misc\82326 Corpus Christi\[office.xlsx]Sheet 3 The table above summarizes the office space listed for-lease by Loopnet in Corpus Christi's Downtown and Uptown areas as of fall, 2014. EXHIBIT B - 15 - —ZHA, LLC Select Buildings Asking Rent Corpus Christi Office Market June, 2014 Building Name 0 1 Asking Rent Uptown and Downtown Area One Shoreline Plaza 800 N Shoreline Blvd A $20.00 - $24.00 Frost Bank Plaza 802 N Carancahua St A $17.21 Tower 11 555 N Carancahua St A $14.75 Bank of America Building 500 North Shoreline B $15.00 Bayview Tower 400 Mann St B $13.25 Furman Plaza 418 Peoples St B $14.00 - $16.50 AEP Building 539 N Carancahua St B $14.50 American Bank Building 711 &811 N.Carancahua St B $13.00 Park Tower 710 Buffalo St B $8.40 - $10.49 South Side Sun Plaza 5656 S. Staples St A $17.00 Century South 400 South Padre Island Drive B $15.00 New York Life 5350 S. Staples St B $15.50 Congressional Plaza 6262 Weber Rd B $15.00 Source: Loopnet;W-ZHA f:\8000s,misc\82326 Corpus Christi\[office.x1sx]Sheet1 Office Market Rents Corpus Christi Office Market 2011 M MEffective Avg Rent Downtown Office Class A $17.00 $22.00 $19.50 Class B $9.00 $13.00 $11.00 Suburban Office Class A $13.00 $17.00 $15.00 Class B $9.00 $13.00 $11.00 Source: NAI Cravey Real Estate Services;W-ZHA F:\8000s,misc\82325 Corpus Christi\[office.x1sx]Sheet6 EXHIBIT B - 16- —Z HA, LLC Rents are quite low in Corpus Christi. The average rent for Class A office in the CBD is less than $20 per square foot. It is hard to develop new office product with such low rents. Office Rent Corpus Christi Market 2006-2014 su-00- Si#.U0- S12-00- 20U6 2007' 2006 2009 2010 2017 2012 2013 2014 —Sate —MI&O —CIDUnly City 0 L0*4W Source: Loopnet;W-ZHA As the chart above illustrates average rents have increased within the last year. Even with this increase, however, average office rent is still very low in Corpus Christi. Low rents will deter office investment as tenants are reluctant to pay the premium necessary to support new construction. The more recent office development has occurred in the South Side office sub-market. With its access and its residential growth and retail offerings, South Side is a desirable office location. There has not been an office building developed in the Central Business District or Downtown for 20 years. EXHIBIT B - 17 - —ZHA, LLC Office Prospects General Office The primary market for general office space are businesses in the information, financial activities, professional and business services industries as well as religious, grantmaking, civic and professional organizations. In the Corpus Christi Metro Area, office-inclined industries are projected to grow by approximately 2,200 jobs by 2018 and another 1,400 jobs between 2018 and 2023. Employment Trends by Major Industry Corpus Christi Metropolitan Area 2013,2018,2023 r r r rr • 2013 2018 2023 # Avg Ann # Avg Ann # Avg Ann Information 2,075 2,117 2,125 42 0.5% 7 0.1% 49 0.2% Finance and Insurance 4,633 5,275 5,509 642 3.5% 234 0.9% 876 1.7% Real Estate 3,134 3,280 3,262 146 0.8% (18) -0.1% 128 0.4% Prof,Sci,Tech Services&Mgmt of Companies 6,943 6,921 7,031 (22) 0.3% 110 0.3% 88 0.1 Administrative,Support,Waste Management,& Remediation Services 8,743 9,972 10,898 1,230 4.5% 926 1.8% 2,155 2.2% Religious,Grantmaking,Civic, &Professional Organizations 1,783 1,972 2,081 189 3.1% 109 1.1% 297 1.6% Total 27,312 29,538 30,906 2,226 2.5% 1,368 0.9% 3,594 1.2 Source: Moody's Analytics;W-ZHA f:\8000s,misc\82326 Corpus Christi\[economy emp(Recovered).x1s]Sheet3 Most of this growth is projected to occur in administrative, support,waste management and remediation services industry sector. Administrative and support services account for 92 percent of the jobs in the administrative, support, waste management and remediation industry sector. Examples of firm-types in the administrative and support services industry include temporary employment services, business support services like telephone call centers, and office administrative services. EXHIBIT B - 18- —Z HA, LLC Jobs by Office-Inclined Industry Corpus Christi Metro Area 2003,2008,2013,2018,2023 12,000 10,000 8,000 c 6,000 4,000 2,0000 023 c o c o m _. 2 'c S L E C E Cu co � � � ago � ao — � v' E E a r (DL o uO ao O . > U Q v' cc O L L V) ■2003 ■2008 ❑2013 E2018 2023 Source: Moody's Analytics; W-ZHA As the graph illustrates, some of the employment growth projected from 2013 to 2023 will compensate for job losses that occurred between 2003 and 2013. This is true for the administrative, support, waste management and remediation industry sector. Where jobs in this industry are projected to grow by 2,155 jobs between 2013 and 2023, 865 of these jobs (or 40 percent) compensate for job losses since 2003.Therefore, a portion of new job growth in this industry sector will likely occupy existing leased, but under-utilized office space. To quantify likely office demand over the next ten years, this analysis assumes that growth that compensates for job losses does not demand new office space. Instead, it is assumed that these new employees will likely occupy a business' existing (under-utilized) office space. Because firms in the administrative and support industries can occupy telephone call center-type space, it was assumed that the average square feet of space per employee is lower for this industry than the professional office average. An average of 125 square feet per employee was assumed. (Call centers range from 90 to 140 square feet per employee.) EXHIBIT B - 19 - —ZHA, LLC Administrative and Support Services Office Demand Corpus Christi Office Market 2013-2023 1 1 1 1 Administrative &Support" 1,128 849 1,978 Less: Job Losses Since 2003 (865) 0 (865) Net New 263 849 1,112 Office Sq Ft/Job 125 125 125 Sub-Total 32,860 106,170 139,030 1. New jobs multiplied by 92 percent to account for non-office employment in waste management and remediation services. Source: NAIOP "Changes in Average Square Feet per Worker"; Moody's Analytics; W-ZHA f:\8000s, misc\82326 Corpus Christi\[economy emp(Recovered).xls]Sheet 14 The administrative and support services industries will demand 139,000 square feet of office space. These industries may occupy existing vacant office space. They may also occupy vacant retail space where parking is plentiful. Real employment growth is projected for the finance and insurance industry sector. Over the next ten years, this industry sector is projected to gain eight hundred and seventy six jobs. Jobs in religious, grant, civic, and professional organizations are also projected to grow slightly. Professional businesses are using less office space per employee today than they were but five years ago. According to the CoreNet Global Corporate Real Estate 2020 survey of 500 corporate real estate executives, the metric has changed from 225 square feet in 2010 to 176 square feet in 2012, and is projected to reach 151 square feet in 2017. Other • Office Demand CorpusOffice Market 2013-2023 1 1 : 1 1 Other Office-Inclined Industry 996 442 1,438 Sq Ft/Job 175 150 167 Sub-Total 174,360 66,320 240,680 Source: NAIOP "Changes in Average Square Feet per Worker"; Moody's Analytics; W-ZHA f:\8000s, misc\82326 Corpus Christi\[economy emp(Recovered).xls]gen off Using these survey findings as a guideline, for the "other office-inclined" industries, 175 square feet per employee was assumed for new jobs generated between 2013 and 2018 and 150 square feet per employee between 2018 and 2023. Other office-inclined industries will demand approximately 241,000 square feet of office space between now and 2023. EXHIBIT B -20- —ZHA, LLC The U.S. Census collects data on the number of jobs at the City level. The most recent data is from 2011. In 2011, 85 percent of all of the office-inclined jobs in the Metro Area were in the City of Corpus Christi. Most of the office supply is in the City. OfficeGeneral Corpus Christi City 2013-2023 • • • r-PTIng Administrative and Support Services 32,860 106,170 139,030 Other Office-Inclined 174,360 66,320 240,680 Total Demand: Metro Area (Sq Ft) 207,220 172,490 379,710 City Capture 80% 80% 80% City General Office Demand 165,800 138,000 303,800 Source: W-ZHA f:\8000s, misc\82326 Corpus Christi\[economy emp(Recovered).xls]Sheet13 For purposes of planning, it as assumed that the City would capture 80 percent of the general office demand. This translates into demand for 303,800 square feet of office space in the City by 2023. This demand will likely be satisfied with existing office supply as there is excess vacancy and the average rent is so low that new construction will be challenging from a financial feasibility standpoint. Medical Office Medical office space will also be in demand with the projected growth in the health and social service industries. Medical office space demand is generated from doctors' offices or "ambulatory care" providers. From 2002 to 2012, 40 percent of health and social services employment growth occurred in ambulatory care businesses. From 2007 to 2012, 27 percent of job growth in the the health and social services industry occurred in ambulatory care businesses. Ambulatory care businesses include doctor's offices, diagnostic laboratories, and clinics. Medical Office Demand CorpusOffice 2013-2023 New Jobs in Health and Social Service Industry 5,082 4,375 9,457 Percent Ambulatory Care 30% 30% 30% Medical Office Jobs 1,525 1,310 2,835 Source: Moody's Analytics;W-ZHA f:\8000s,misc\82325 Corpus Christi\[economy emp.x1s]Sheet8 The health care and social service industry is projected to grow significantly in the Metro Area between now and 2023. Given trends from 2002, it was assumed that 30 percent of the new job growth would occur in the ambulatory care industries. Therefore, it is estimated that there will be 2,835 new jobs in EXHIBIT B -21 - —ZHA, LLC health-related businesses that typically occupy general office (for example, psychiatrists) or medical office space (for example, dentists and general practitioners) by the year 2023. Medical Office: New Establishment Demand CorpusOffice Market 2013-2023 Medical Office Jobs 1,525 1,310 2,835 Share New Establishments 50% 50% 50% New Medical Establishment Jobs 760 660 1,420 Source: Moody's Analytics;W-ZHA f:\8000s,misc\82325 Corpus Christi\[economy emp.x1s]Sheet10 A portion of the employment growth will likely be absorbed by existing practitioners. While some of the employment growth will result in new businesses. Employment and establishment data from 2002 through 2012 indicates that roughly half of the new jobs generated in ambulatory care located in new firms. The other half of the new jobs located in existing businesses. Medical Office Demand Corpus Christi Office Market 2013-2023 New Medical Establishment Jobs 760 660 1,420 Sq Ft/Job 100 - 150 100 - 150 100 - 150 Total Sq Ft 76,000 - 114,000 66,000 - 99,000 142,000 - 213,000 Source: Moody's Analytics;W-ZHA f:\8000s,misc\82325 Corpus Christi\[economy emp.xls]med office The average number of square feet per medical employee varies depending upon the type of medical practice. For purposes of this analysis, a range of 100 square feet to 150 square feet per medical employee was assumed. Given this assumption, employment growth among new firms has the potential to demand between 142,000 and 213,000 square feet of medical-related office space over the next decade. Medical Office Demand Corpus Christi City 2013-2023 Total Sq Ft 76,000 - 114,000 66,000 - 99,000 142,000 - 213,000 City Share 85% 85% 85% City Potential (Sq Ft) 65,000 97,000 56,000 84,000 121,000 181,000 Source: Moody's Analytics;W-ZHA f:\8000s, misc\82326 Corpus Christi\[economy emp(Recovered).xls]Sheet12 EXHIBIT B -22 - —ZHA, LLC In 2011, the City contained 90 percent of the Metropolitan Area's health and social service employment. For purposes of planning, it is assumed that the City has the potential to capture 85 percent of future growth. Given this assumption,there will be demand for between 121,000 and 181,000 square feet of medical office space in the City by 2023. RETAIL Retail and Eating and Drinking Sales Retail Sales Retail Sales Coastal Bend,Corpus Christi Metro and Corpus Christi City 2014 000's City Share Coastal Bend $9,240,452 53% Corpus Christi Metro $6,683,170 74% Corpus Christi City $4,929,767 100% Source: Claritas,Inc.;W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet6 2014 retail sales in the City are estimated to total $5 billion. The City of Corpus Christi contains 72 percent of the Metro Area's population and City retail sales are 74 percent of the Metro's retail sales. The City's share of the region's total retail sales are in-line with the City's share of population. Comparing the population's retail spending power to estimated sales indicates whether a location is experiencing market leakage (outflow) or retail spending inflow. Typically, tourist destinations experience retail spending inflow. EXHIBIT B -23 - —ZHA, LLC Total Retail Sales Inflow . Outflow Select Areas 2014 $000's CorpusCoastal . Bend Metr City Retail Expenditure Potential $7,545,450 $5,839,097 $4,171,993 Retail Sales $9,240,452 $6,683,170 $4,929,767 Inflow/(Outflow) $1,695,002 $844,074 $757,773 Inflow/(Outflow) 22% 14% 18% Source: Claritas,Inc.;W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet2 There are more retail sales in the City than would be expected if only local residents were shopping. Eighteen percent of the City's retail sales are inflow sales. Total Retail Sales Net of Vehicle Sales Inflow Outflow Select Areas 2014 $000's CorpusCoastal . Bend Metr City Retail Expenditure Potential $6,092,990 $4,704,098 $3,347,382 Retail Sales $6,723,793 $4,710,601 $3,419,531 Inflow/(Outflow) $630,804 $6,503 $72,149 Inflow/(Outflow) 10% 0% 2% Source: Claritas,Inc.;W-ZHA f:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet3 If vehicle sales are excluded from total retail sales, resident spending power and retail sales are essentially equal in the Metro Area and the City. Therefore, the retail inflow is mostly from vehicle sales, not recreational shopping. This is surprising given that Corpus Christi is a tourist destination. EXHIBIT B -24- —ZHA, LLC Percent Retail Sales Inflow or Outflow Corpus Christi City 2014 100% � sass v 60% d ao% 29K s °1 8 'o 7 .o 2 -0Q46 X03$ o o a 9 c 2 E a x s o ii 2 t Source: Claritas,Inc.;W-ZHA It appears that many people come to Corpus Christi to purchase motor vehicles. This is not surprising given that the City is the region's economic hub. The City is also a destination for building material and garden equipment sales. These stores benefit from regional population growth. As the regional healthcare center, the City also experiences a net inflow of health and personal care sales. The City experiences a net outflow of general merchandise and miscellaneous store sales. It does not appear that tourists are shopping for general merchandise, specialty goods or clothing when visiting Corpus Christi. Eating and Drinking Sales Eating and drinking sales are distinct from retail sales. Eating and drinking sales are those sales that occur in restaurants, cafes, clubs, and take-out restaurants. Once again, it is normal for a tourist economy to experience above average eating and drinking sales due to the visitor market. EXHIBIT B -25 - —ZHA, LLC Total Eating and Drinking Sales Inflow . Outflow Select Areas 2014 $0001s CorpusCoastal . Bend Metr City Retail Expenditure Potential $807,877 $616,198 $444,184 Retail Sales $986,507 $773,661 $573,192 Inflow/(Outflow) $178,630 $157,463 $129,007 Inflow/(Outflow) 22% 26% 29% Source: Claritas,Inc.;W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet5 Where retail has not fully capitalized on the tourist market, it appears that the eating and drinking industry has benefited from the tourist. The City has almost 30 percent more eating and drinking sales than would be expected from resident spending. The City has the greatest eating and drinking inflow as compared to the Metro Area and Coastal Bend. Eating Drinking Sales CorpusCoastal Bend, . . 2014 000's City Share Coastal Bend $986,507 58% Corpus Christi Metro $773,661 74% Corpus Christi City $573,192 100% Source: Claritas,Inc.;W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet7 The City's population is 54 percent of the Coastal Bend population, but the City's eating and drinking sales are 58 percent of the region's eating and drinking sales. EXHIBIT B -26 - —ZHA, LLC Retail and Eat/Drink Sales Per Capita Select Areas 2014 Total Retail Retail Sales(Net of Sales Vehicle Sales) Eat/Drink Sales Texas $15,053 $11,331 $1,589 Coastal Bend $15,647 $11,385 $1,670 Corpus Christi Metro $15,038 $10,599 $1,741 Corpus Christi City $15,501 $10,752 $1,622 Source: Claritas, Inc.;W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail analysis.xlsx]per cap On a per capita basis, retail sales (net of vehicle sales) in the City are below the Texas average. Eating and drinking sales per capita are above the Texas average. The Retail Supply and Market According to the "2013 Texas Metro Market Overview Data: Corpus Christi" produced by the Texas Real Estate Center at Texas A& M University,there are 22 million square feet of retail space in the Corpus Christi market. Retail space is located in seven sub-markets. EXHIBIT B -27 - —ZHA, LLC Retail Inventory Corpus Christi Market Area 4th Quarter 2013 Sq Ft I Share of 000's Tota I CBD 1,694 8% Mid-City 5,940 29% South Side 6,228 30% West Side 1,585 8% Northwest 1,648 8% Four Bluff/Padre Is. 1,628 8% Portland/Ingleside 1,830 9% Total/1 20,553 100% 1. The total square feet varies slightly from Commercial Real Estate Market Report where total square feet is 22.382 million. Source: Costar Group and Burbach Associates;Texas Real Estate Center at Texas A&M University,"2013 Texas Metro Market Overview Data";W-ZHA Retail is concentrated on South Padre Island Drive which carries over 100,000 vehicles per day. South Padre Island Drive serves both the Mid-City and the South Side sub-markets. Together these sub- markets contain 12 million square feet of retail space or approximately 60 percent of the market's retail space. EXHIBIT B -28 - —ZHA, LLC Retail Inventory and Vacancy Rate Corpus Christi Market Area 4th Quarter 2013 Sq Ft Vacancy 111Rate CBD 1,694 6.0% Mid-City 5,940 4.0% South Side 6,228 4.7% West Side 1,585 6.4% Northwest 1,648 12.8% Four Bluff/Padre Is. 1,628 4.7% Portland/Ingleside 1,830 6.6% Source: CoStar Group and Burbach Associates;Texas Real Estate Center at Texas A&M University,"2013 Texas Metro Market Overview Data";W-ZHA As of the 4t" Quarter of 2013, the overall retail vacancy rate in the Corpus Christi market was 5.6 percent. Retail in the Central Business District reported a vacancy rate of 6 percent while Mid-City and South Side have vacancy rates below 5 percent. The highest vacancy rate was in the Northwest Sub- market. Aggregate Income Per Square Mile Corpus Christi Census Tracts 2014 1P iuuIMo cam. dy - Source: Claritas, Inc.;W-ZHA EXHIBIT B -29 - ZHA LLC The dominant retail intersection in the Corpus Christi Metropolitan Area is the corner of South Padre Island Drive and Staples Drive. As the map illustrates this location is convenient to those areas with a concentration of income. The La Palmera Mall,the Shops at La Palmera,the Staples Center and the Moore Center are located here. La Palmera Mall is a regional shopping center with over a million square feet. The mall is anchored by Dillard's, Macy's and JC Penney. The Shops at La Palmera is an adjacent 230,000 square foot strip center. The Staples Center is a strip community center across from La Palmera Mall and adjacent to the struggling Sunrise Mall. Moore Plaza is a 535,000 square foot regional strip shopping center that is anchored by HEB,Target and Steinmart. CorpusRetail Inventory and Rental Rates Quarter Sq Ft Rental 000's Rate CBD 1,694 $10.09 Mid-City 5,940 $12.88 South Side 6,228 $17.54 West Side 1,585 $10.22 Northwest 1,648 $5.43 Four Bluff/Padre Is. 1,628 $14.17 Portland/Ingleside 1,830 $14.60 Source: CoStar Group and Burbach Associates;Texas Real Estate Center at Texas A&M University,"2013 Texas Metro Market Overview Data";W-ZHA The South Side sub-market commands the highest retail rents, while Northwest rental rates are the lowest. EXHIBIT B -30- -Z H , LLC Retail Prospects Corpus Christi's strong economy and projected growth should have a positive impact on retail. MetropolitanRetail(Net of Vehicle Sales) Potential Corpus Christi 2014-2024 New Residents 29,295 Spending/Resident $10,800 Tota 1 $316,382,800 Sq Ft @ $350 Sales/Sq Ft 904,000 Source: W-ZHA F:\8000s,misc\82325 Corpus Christi\[retail analysis.xlsx]proectin Population growth over the next ten years should support 904,000 square feet of retail. Eating Drinking Potential MetropolitanCorpus Christi 2014-2024 New Residents 29,295 Spending/Resident $1,620 Total $47,457,400 Sq Ft @ $450 Sales/Sq Ft 105,500 Source: W-ZHA f:\8000s,misc\82325 Corpus Christi\[retail ana1ysis.x1sx]Sheet13 Population growth over the next ten years should support 105,500 square feet of eating and drinking space. EXHIBIT B -31 - —ZHA, LLC HOTEL MARKET Hotel Market Trends The performance of the Corpus Christi hotel market was analyzed from 2008 to 2013. The performance of the midscale and upscale hotel market was compared to all hotels in the Corpus Christi market. The hotels included in the midscale and upscale sample were developed with the assistance of a hotel owner who owns a number of competitive hotels in the Corpus Christi market. Midscale . Upscale Class Hotels Corpus Christi Hotel Market 2014 Hampton Inn & Suites Port Aransas Upper Midscale Class 78 Omni Corpus Christi Hotel Upper Upscale Class 475 Best Western Marina Grand Hotel Midscale Class 173 Holiday Inn Corpus Christi Downtown Marina Upper Midscale Class 334 Quality Inn & Suites On The Beach Midscale Class 112 Radisson Hotel Corpus Christi Beach Upscale Class 139 Comfort Suites Central Corpus Christi Upper Midscale Class 93 La Quinta Inns & Suites Corpus Christi Airport Midscale Class 67 Holiday Inn Corpus Christi Arprt Conv Ctr Upper Midscale Class 237 Hampton Inn Suites Corpus Christi 137 Navigation Upper Midscale Class 80 Holiday Inn Express & Suites Corpus Christi North Upper Midscale Class 64 Holiday Inn Express Corpus Christi NW Calallen Upper Midscale Class 71 La Quinta Inns & Suites Corpus Christi West Midscale Class 66 Hampton Inn Corpus Christi Northwest 137 Upper Midscale Class 55 Comfort Inn & Suites Corpus Christi Upper Midscale Class 61 Courtyard Corpus Christi Upscale Class 105 Embassy Suites Corpus Christi Upper Upscale Class 150 Holiday Inn Express & Suites Corpus Christi Upper Midscale Class 88 Staybridge Suites Corpus Christi Upscale Class 84 Springhill Suites Corpus Christi Downtown Upscale Class 119 Residence Inn Corpus Christi Upscale Class 66 TownePlace Suites Corpus Christi Upper Midscale Class 107 Hyatt Place Corpus Christi Upscale Class 103 Hilton Garden Inn Corpus Christi Upscale Class 119 Comfort Suites Near Texas A& M Corpus Christi Upper Midscale Class 66 Candlewood Suites Corpus Christi Spid Midscale Class 74 Hawthorn Suites by Wyndham Corpus Christi Midscale Class 62 Homewood Suites Corpus Christi Upscale Class 86 Comfort Suites North Padre Island Corpus Christi Upper Midscale Class 75 Holiday Inn Corpus Christi North Padre Upper Midscale Class 149 Source: W-ZHA; Smith Travel Research F:\8000s, misc\82326 Corpus Christi\[hotel.xls]Sheetl EXHIBIT B -32 - —ZHA, LLC The midscale to upscale class hotels analyzed are presented in the table above. SupplyHotel Room Midscale to Upscale Class Hotels and All Hotels Corpus Christi Hotel Market 2008 -2013 Room Night Supply Hotels Total 2008 1,031,675 3,638,505 2009 1,108,425 3,654,306 2010 1,131,135 3,693,806 2011 1,144,831 3,709,684 2012 1,143,769 3,708,989 2013 1,196,466 3,761,262 Change '08-'13 16% 3% Source: Smith Travel Research; W-ZHA F:\8000s, misc\82326 Corpus Christi\[hotel.xls]Sheet2 The supply of midscale to upscale hotels in Corpus Christi has increased since 2008. There are sixteen percent more midscale to upscale room nights available in Corpus Christi than there were in 2008. Hotel Occupancy Midscale to Upscale Hotels Corpus Christi Hotel Market 2008-2013 66% 64% 62% 60% 58% 56% 54% 52% 50% 48% 2008 2009 2010 2011 2012 2013 Source: Smith Travel Research;W-ZHA EXHIBIT B -33 - —Z HA, LLC Even with the increase in supply, occupancy among the midscale to upscale hotels has been increasing. At year-end 2013, room nights available in these hotels were 65 percent occupied. Revenue Per Available Room Midscale to Upscale Hotels Corpus Christi Hotel Market 2008-2013 $80.00 $70.00 E °o $60.00 d Z $50.00 M a $40.00 L y $30.00 - c d $20.00 $10.00 $0.00 2008 2009 2010 2011 2012 2013 Source: Smith Travel Research;W-ZHA The average daily rate for a hotel room in these hotels was$102.34 in 2008. Five years later,the average daily rate was$113.79 in midscale to upscale hotels. The revenue per available room in midscale to upscale hotels has increased by 28 percent over five years even as the supply has increased. EXHIBIT B -34- —Z HA, LLC Revenue Per Available Room Midscale to Upscale Hotels and All Hotels Corpus Christi Hotel Market 2008-2013 $80.00 $70.00 $60.00 d $50.00 $40.00 CL u $30.00 O $20.00 $10.00 $0.00 2008 2009 2010 2011 2012 2013 —�Mid/Upper Hotels All Hotels Source: Smith Travel Research;W-ZHA Like the midscale to upscale hotels, the entire Corpus Christi hotel market experienced an increase in revenue per available room since 2008. The new hotel supply does not appear to be cannibalizing the market by taking market share from older hotels. It appears that growth in the economy is supporting the overall hotel industry. EXHIBIT B -35 - —Z HA, LLC Revenue Per Available Room by Month Midscale to Upscale Hotels Corpus Christi Hotel Market 2013 $120.00 E $100.00 0 73 $80.00 M a' $60.00 L a $40.00 c d $20.00 $0.00 � Zt �C ,a��atJe POG�o� zG��� F �e� �o Qe Source: Smith Travel Research;W-ZHA Both business travel and tourism support the hotel industry in Corpus Christi. Hotels do best during the summer season when children are out of school and the weather is good. The fall and winter months are the weakest (September to February). EXHIBIT B -36- —ZHA, LLC Hotel Occupancy by the Day of the Week Midscale to Upscale Hotels and All Hotels Corpus Christi Hotel Market 2013 80% 72/0 o 72/0 0 72% 69% 70% 67% 62% 60% d m 50% o c 40% M CL u 30% O 20% 10% 0% Sun Mon Tue Wed Thu Fri Sat ■AII Mid/Upper Source: Smith Travel Research;W-ZHA While the tourist is recognized as central to the hotel market, it is important to note that during the heart of the work week(Tuesday and Wednesday), the midscale to upscale hotels are as occupied as they are on a Saturday night. According to hotel managers, 70 percent of their occupancy is driven by the business traveler. The needs of both the business traveler and the tourist are important considerations from an economic development standpoint. Hotel Market Prospects Corpus Christi's hotel market has responded to regional economic growth. With an overall occupancy rate of 65 percent and the average revenue per available room over$70.00, the midscale and upscale hotel market is healthy. Employment is projected to continue to increase over the next decade. This will drive additional hotel demand in Corpus Christi. Employment growth alone will generate demand for an additional 300 to 500 rooms by 2023. EXHIBIT B N I A Retail Heal Estate Consulting Firm 2730 Forest Avenue, Suite W Berkeley, California 94705 85 Fourth Avenue, Suite 6A New York, New York 10003 Office Phone: 510-356-4956 Mobile Phone: 917-816-8367 info(o-)consultmjb.com www.consultmib.com Memorandum To: Ben Carlson Director of Urban Design, Goody Clancy From: Michael J. Berne President, MJB Consulting Cc: Mitch Glass Senior Urban Designer, Goody Clancy Re: Retail Market Analysis and Strategy / Downtown Corpus Christi — Findings and Recommendations Date: June 19, 2015 In 2014, Goody Clancy was commissioned by the City of Corpus Christi to develop a Comprehensive Plan for the entire City ("Plan CC") as well as an area plan for its Downtown ("Downtown Area Development Plan", or DADP). To ensure that these planning efforts were informed by market realities, Goody Clancy's team included specialists for each of the primary land uses. For the DADP, the firm asked MJB Consulting (MJB), a retail planning and real estate consultancy, to undertake an analysis of Downtown retail and propose a strategy for enhancing it. EXHIBIT B MJB's due diligence for this assignment consisted of the following: - Familiarization with past plans and projects, including conversations with City staff as well as in-depth review of Caller-Times archives - Guided and self-guided walking and driving tours of the study area and immediate vicinity as well as other Corpus Christi and Coastal Bend neighborhoods, including (but not limited to) Westside, Six Points, Southside, Lamar Park, Padre Island, Portland and Port Aransas - Observations of existing retail mix and dynamics in Downtown Corpus Christi and each of its individual sub-districts and corridors (Core, Uptown, SEA District, North Beach, Hillcrest and Washington-Coles), including review of available spaces and sites, relevant projects and initiatives, etc. - Survey and assessment of competing districts and centers, including (but not limited to) South Padre Island Drive / SR 358 (La Palmera, Shops at La Palmera, Moore Plaza, etc.), Staples Street, Portland / U.S. 181, Westside, Six Points, Lamar Park, Port Aransas, Padre Island and Outlets at Corpus Christi Bay (future) - Interviews with property owners, leasing professionals and key stakeholders, including Terry Sweeney (DMD), Brad Lomax (Water Street Market), Casey Lain (House of Rock), Matt Cravey (Cravey Real Estate Services), Wayne Lundquist (Cobb-Lundquist & Atnip) and Joe Adame (Joe Adame and Co.) - Presentations to and meetings with two groups of retail stakeholders as well as the DADP Advisory Committee - Retrieval and analysis of demographic and sales-leakage data for Downtown Corpus Christi primary trade area, along with comparisons to the Corpus Christi MSA - Gathering of available information on non-residential sources of consumer demand in Downtown Corpus Christi, including (but not limited to) daytime workers, tourism and "destination" businesses - Review of and integration with findings from other experts on the consultant team (i.e. Goody Clancy, Zimmerman/Volk, W-ZHA, etc.) - Reference to relevant comparables from across Texas and North America, including Downtown San Antonio (where MJB Consulting is currently working on a retail strategy and implementation effort) In undertaking this scope-of-work, MJB's Principal, Michael J. Berne, applied the firm's unique "total immersion" methodology, visiting Corpus Christi three times and spending twelve days on site. EXHIBIT B Detail The following presents MJB's findings and recommendations, in the format of an "executive summary" memo as agreed upon in the initial contract. Identifying the right "positioning" of a retail mix requires an assessment of two discrete "markets", one in which consumers demand goods and services from businesses, and the other in which tenants seek street-level space from landlords. I. Consumer Demand - For the purposes of quantifying and characterizing those nearby residents who would be most likely to gravitate to the Downtown core, a "primary trade area" has been hypothesized (see map below), corresponding to a five-minute drive time from the intersection of N Chaparral Street and Peoples Street. �4 ---- tea- _ �uZmT w n Source.•NielsenClaritas,MJB Consulting - The demographic profile of this primary trade area is summarized in the table below, with the numbers for the Corpus Christi metro provided for the sake of comparison: EXHIBIT B Downtown Corpus Christi Corpus Christi Metro Primary Trade Area Population Population 20,000 449,000 Education and Employment Percent College-Educated 11% 19% Percent Without H.S. Diploma 39% 21% Percent Not In The Labor Force 50% 37% Income and Wealth Median Household Income $28,000 $52,000 Percent Housing Units Owner-Occupied 37% 63% Median Home Value $73,000 $123,000 Mobility Percent Households Without Cars 26% 8% Source:Nielsen-Claritas, MJB Consulting The primary trade area lags the Corpus Christi metro when measured in terms of percentages and medians. In absolute numbers, it can point to a modestly sized contingent of roughly 800 to 1,600 "blue-chip" consumers (i.e. 1,520 college-educated residents; 1,140 creative class workers; 1,150 households with annual incomes of$75,000 or more, with 350 living in homes valued at $200,000 or more), although, with new projects like The Cosmopolitan and in light of Zimmerman/Volk's finding that there is potential for 4,400 more residents by the year 2025, this sub-market will continue to grow. - In addition to those who live in the primary trade area, the Downtown can also draw on certain non-residential generators of demand, like, for instance, the approximately 20,500 daytime workers. Yet while a significant percentage is employed in higher-paying, white-collar office positions, these jobs are heavily concentrated in Uptown, just a five- minute walk from the core but psychologically much further owing to the grade change. Another non-residential demand generator is tourism. The Coastal Bend attracts 8.1 million visitors per year, and while mid-market families are the core demographic, 38% of the households earn annual incomes of $75,000 or more, and 23%, $100,000 or more. However, only 900,000 of the 8.1 million actually spend time in the core, as most of the popular attractions are located to the north, in the SEA District and North Beach. II. Competition - Downtown Corpus Christi must vie for the attention of both consumers and prospective tenants with other centers and districts across the city and metro. And in most categories, it struggles to compete and will likely continue doing so, owing to the strong gravitational pull of much larger rivals with more conventional anchors and superior co-tenancy. For example, it stands little chance against South Padre Island Drive (SR 358) as a mass-market shopping destination or retail location. -The same sort of competitive disadvantage applies within smaller sub-markets and niches as well, with upscale consumers and brands most likely to gravitate to the Alameda Street corridor in Lamar Park, antique collectors and dealers to the Avalon Street "Antique EXHIBIT B Lane" near the intersection of Alameda and Everhart, the "artsy-urban" set to Six Points, neo-hippies to the Water Street Village complex along South Water Street, etc. III. Positioning and Tenanting Strategy - Given that there are no obvious "silver-bullet(s)", that none of the aforementioned demand segments (i.e. trade area residents, office workers, tourists, etc.) are large enough to sustain the retail mix on their own, Downtown Corpus Christi will need to be multi- dimensional, catering to several different sub-markets and day-parts, with the businesses corresponding to each one clustered together so as to generate cross-traffic for each other and coalesce into a visible and recognizable niche. - The most promising of these "mini-opportunities" are ones that build from strength and that leverage existing anchors and co-tenancies. Downtown, for example, is already well established as a regional destination for live music, boasting a diverse ecosystem of performance venues that range in size from the American Bank Center (with a capacity for 10,000 patrons) to the House of Rock(500), and that can accommodate a wide variety of acts. While the subject demands further examination, Downtown's live-music niche might be capable of supporting additional offerings, including perhaps a mid-sized option like The Knitting Factory (a famed New York City venue that has since expanded to smaller markets like Spokane, Boise and Reno) as well as more intimate bars, with capacity for 100 to 200, that can showcase smaller touring bands. - Downtown used to be more prominent as a drinking destination but has lost some of its luster in recent years. It might, however, start to fill that void by offering arg eater diversity of evening-oriented concepts that, while still dependent on alcohol as a source of revenue, also offer the possibility of other sorts of activities and experiences besides excessive consumption. Examples might include: 1) a "dueling-piano" bar; 2) a "bar-cade", which combines food and drink with a selection of vintage arcade games; 3) a bowling alley which, in contrast to family/league-oriented suburban venues, doubles as a lounge or nightclub; and/or 4) a true sports bar, designed specifically with the sports fanatic in mind, with large-screen televisions seemingly in every direction (e.g. Dallas-based, Canadian-born Boston's Restaurant & Sports Bar). One especially intriguing possibility is Los Angeles-based Trifecta Management Group, which develops unique food and entertainment concepts customized to the specifics of local (often secondary) markets. Venues might include live music, arcade games, bowling alleys, high-definition TV's as well as various other leisure activities (e.g. billiards, bocce, etc.), and typically feature local chefs and vendors. - Downtown missed a golden opportunity to expand its evening economy when Alamo Drafthouse Cinema decided to develop its first Corpus Christi theater on the Southside. EXHIBIT B Another possibility, however, is a niche concept like Maya Cinemas, the California-based exhibitor drawn to revitalizing areas with large Latino populations. While its multiplexes feature first-run movies, it also devotes screens to Spanish-language fare. Its founder and CEO, Moctesuma Esparza, is an industry veteran who co-produced Selena and The Milagro Beanfield War, among other pictures. - In stark contrast to the perceived dominance of larger chains on the Southside, Downtown Corpus Christi also boasts one of the Coastal Bend's largest concentrations of unique, owner-operated restaurants, several of which — like Water Street Oyster Bar, Bleu Bistro and the Republic of Texas Bar & Grill, for example -- enjoy a regional draw. This existing collection could serve as the basis for a marketing campaign that draws new customers and operators. In order, however, to preempt cannibalization and complement (rather than undermine) what already exists, additional offerings should focus on capturing more destination diners and taking market share from other parts of the region, while at the same time drawing tourists and workers. Possibilities include small regional chain-lets that typically open just one location per market, or local restaurateurs already successful elsewhere in the Coastal Bend and interested in developing a new concept in the Downtown. As part of this positioning, additional offerings might showcase homegrown dishes and formats that locals would perceive as uniquely Corpus Christi, perhaps offering new interpretations of familiar foods and beverages. And while restaurateurs cannot afford to venture too far from prevailing tastes and sensibilities, there would seem to be room in the market for at least one or two more elevated (though still moderately-priced) "foodie" concepts. - One of the most dynamic areas in the industry today is in non-permanent "mobile" retailing, like carts, trucks and shipping containers. A chief advantage of these formats is that they allow businesses to customize their operations to periods of peak demand (e.g. weekday lunch, weekend nightlife, special events, etc.) and avoid the high fixed costs of a storefront lease. In so doing, they lower the barriers-to-entry for early-stage entrepreneurs who have ideas and talent but limited capital. The result, as anyone who has visited one of Austin's famed food-truck pods will corroborate, is a flowering of new and innovative concepts, which can help to activate vacant lots and public spaces, generate buzz and media attention, portray the host district as hip and contemporary as well as validate an unproven market for other prospects. Some vendors even ultimately become permanent storefront tenants themselves. Yet while this movement is most commonly associated with food, it could take many other forms as well, like, for instance, fashion trucks, which customers can enter via a collapsible staircase in back and then browse the offerings within, even trying them on in a cordoned-off dressing room. A similar sort of low-cost setup could also work for other kinds of comparison goods, like books, or various services and conveniences, such as haircuts or beauty supplies. EXHIBIT B - So-called "traditional" retail — that is, businesses selling goods and services (as opposed to food, drink or entertainment) — will be far more difficult to attract and sustain at this early stage of Downtown's evolution, given the relatively low levels of daytime foot traffic (when most consumers shop) and close-in residential (generating pedestrian activity on the weekends) as well as the weak connectivity between its individual districts (limiting potential spin-off from the few existing pockets of vitality). - The retail categories that typically receive the most attention in a fledgling Downtown like Corpus Christi's are the basic conveniences thought to be essential to its emergence as a residential neighborhood. Yet while the arrival of a grocery store would be an important symbol and milestone, its absence is by no means a deal-breaker, and certainly not as detrimental as the failure of one that opened too soon. Generally speaking, a dedicated population of 10,000 to 15,000 is considered the minimum threshold for a full-service supermarket. Right now, though, the trade area's 20,000 residents can already shop at one of three H.E.B. stores (on Leopard, Port and Alameda). Furthermore, the trade area is currently importing expenditures of roughly $2.7 million in the category, meaning that if anything it is over-supplied. Roughly the same threshold applies to a large-format drug store. In this case, however, the trade area is grossly over-supplied, with $21.3 million in imported expenditures, and contributions from other sub-markets (e.g. workers, visitors, patients, etc.) are not sufficient to close the gap. Indeed, the CVS that had been located at Six Points closed, despite its proximity to CHRISTUS Spohn's Shoreline hospital campus. Additional stores from these operators would most likely cannibalize their existing locations in or near the trade area: another H-E-B in the Downtown core, even if it were successful, would be simply taking customers and sales from itself. In other words, it is only with continued residential growth that such formats will start to become more attainable and sustainable: the market cannot be forced. - In terms of comparison retail, the low number of nearby residents can in some instances be overcome by the presence of anchors that can draw high volumes of foot traffic during the day (when consumers typically shop for such goods), and particularly on the weekends. They might live in other parts of the Corpus Christi metro and/or be visiting the Coastal Bend as tourists. A clear example of the latter is the Rivercenter Mall in Downtown San Antonio, a 500,000 square foot enclosed center that generates north of $500 per square foot — thereby qualifying as a "Class A" mall by industry standards — largely on the shoulders of tourists (who are responsible for 75% of its overall sales) and in the absence of nearby residents. Of course, Downtown San Antonio contains 14,000 hotel rooms (versus approximately 1,760 in the Downtown Corpus Christi study area), and draws 30 million annual visitors (8.1 million). Furthermore, the mall there is centrally located with respect to the tourist EXHIBIT B experience, with connections to the Riverwalk as well as frontage on Alamo Plaza. And even with such advantages, it still struggles to expand beyond its core teen and 20- something customer. In other words, Downtown Corpus Christi is far from the point when it could hope for something on this scale. While the Coastal Bend might very well be capable of sustaining a second regional comparison-oriented shopping center, the more imminent possibility is in Robstown, at the intersection of U.S. 77 and SR 44, where the 330,000 square foot Outlets at Corpus Christi Bay would be able to capture expenditures from motorists driving to and from Mexico, the Rio Grande Valley and South Padre Island. - The larger point is that retail revitalization in a Downtown setting like Corpus Christi's must be understood as a kind of evolution: each phase corresponds to certain kinds of categories and operators, and in the absence of massive and ongoing operating subsidies from the City and/or the developers, none of these phases can be "skipped" without risking some sort of"black eye" (i.e. a failed store) and jeopardizing the entire process. - At this earlier stage in its evolution, there are other formats in some of these categories that Downtown could support. These include a so-called "limited-assortment" grocer, like an ALDI, which retails an edited selection of mostly private-label brands in a no-frills environment at very low prices, or a discount variety store, such as 99 Cents Only, that also sells groceries and even produce. Another basic convenience that might be possible at this point is a family restaurant or "diner", like a Village Inn, which offers an extensive and broadly appealing menu (without alcohol) in an unpretentious setting at reasonable prices. And finally, a new cafe might avoid the fate of the closed Coffee Waves location at Water Street Market if it is able to secure a below-market rent from a landlord, can supplement revenue from other sources (e.g. as a lunch spot, wine bar, etc.) and/or includes a drive-thru window. Given the low levels of daytime foot traffic, comparison retail remains high-risk at this stage -- as is clear from the ongoing churn at Water Street Market, arguably the most favorable location for such businesses in the Downtown. Exceptions include ones that: 1) are operated by savvy, high-caliber merchants; 2) can draw as destinations while also enjoying other sources of revenue besides the walk-in trade (e.g. online, wholesale, etc.); and 3) benefit from low occupancy costs and flexible property owners. - Generally speaking, the food, drink and entertainment categories discussed above are the more important ones in the early stages of Downtown revitalization, inasmuch as they — far more than basic services like grocery and drug stores — help in establishing the "there, there" that then drives interest in the location as a residential address and creates value for developers. Put simply, in a metro like Corpus Christi, where sprawl is not constrained, one lives, or wants to live, in a Downtown not because it has a supermarket, but rather, because it is an exciting place to be, with attractions and energy that simply cannot be found elsewhere. EXHIBIT B In the absence of such "sizzle", even the presence of a new and gleaming H-E-B would not be enough. "Retail follows rooftops" is an oft-quoted industry adage, and it is largely true in most categories. The challenge with Downtown revitalization, however, is that the rooftops themselves only materialize in response to pioneering retail. Indeed, if one were simply to wait for the former before even tackling the latter, then the demand might never actually arrive. Take, as an example, the Pearl Brewery in San Antonio. When Silver Ventures initially proceeded with the redevelopment in the early 2000's, there were no rooftops on site or in the vicinity. Its first move was to entice local celebrity chefs to develop new dining concepts there, followed by a new campus for the prestigious Culinary Institute of America (CIA) and then, a weekly Farmers Market. Today, the Pearl Brewery contains no less than fifteen restaurant and bars, along with 40,000 square feet of retail space, and it has become a premier residential address, with 300+ housing units that command the highest lease rates and sales prices in the entire metro (in addition to several new mid-rise apartment complexes that others have developed in the immediate vicinity). Its success could be attributed to a number of different factors, including its owner -- a deep-pocketed billionaire intent on developing a "legacy project"and both willing and able to absorb early losses in the name of a longer-term vision — but there can be little doubt that retail, food specifically, played a critical role in its evolution and residential appeal. - In order to sustain a cluster of comparison retailers as well as improve the prospects for restaurants and cafes, it will be necessary to land one or more daytime anchors capable of generating large volumes of foot traffic and providing an additional day-part. Such efforts could point to the well-located vacant land and the consolidated property ownership, the latter theoretically offering an incentive for subsidizing "loss-leaders". One possible anchor is a family-oriented amusement park concept, similar to what was proposed by TRT Holdings for the Memorial Auditorium site in 2006, and far more extensive than either Hurricane Alley Waterpark or Schlitterbahn. Such an attraction would align with the psychographics of both visitors and metro-wide residents, and would draw large numbers to the Downtown — nearly 500,000, in TRT's earlier estimation. Another possible anchor is the outdoor-recreation "category killer". According to the Corpus Christi CVB, "nature tourism"was part of nearly half of all visitor trips in 20 12/13, and yet none of the most well known operators -- Bass Pro, Cabela's and Gander Mountain, for example -- have a presence in the Coastal Bend, leaving just the (comparatively) limited selections at Wal-Mart, Academy Sports, Dick's Sporting Goods, etc. EXHIBIT B While their typical floor-plates of 100,000+ square feet might be too large for a Downtown setting, both Bass Pro and Cabela's have started to open roughly 40,000 square foot "Outpost" stores in smaller markets (e.g. Bass Pro's new 42,000 square foot unit in Lubbock, an MSA of 306,000 people). They typically do not gravitate to conventional strips like S.P.I.D., and while The Outlets at Corpus Christi Bay might appeal to them, they could also be intrigued by Downtown's more central location. Lastly, a campus for a TAMU-CC School of Art, along with student housing, could have a transformative impact on Downtown retail: not only would it synergize with the existing live-music venues and art galleries, but also, it would provide support for an art supply store (such as a Jerry's Artarama), a coffeehouse, casual eateries and perhaps even one or two niche-specific comparison retailers (like a vintage clothier, for instance). And while it might not offer quite the same sex appeal or spin-off potential as a university arts program, a cosmetology and beauty academy, like the Texas-based Ogle School (with eight locations statewide), would offer valuable training for possible careers in the salon industry (as well as affordable haircuts for the general public) and would appeal in particular to lower-income residents in nearby neighborhoods. - Finally, just as each of the evolutionary phases in the revitalization process correlates with specific categories and operators, each also corresponds to a certain quantity and scale of retail, and disregarding such limits would likely backfire in the form of vacant storefronts or constant turnover. In the case of Downtown Corpus Christi, there is, at this point, only enough demand (from consumers and prospective tenants) to support the equivalent of one walk-able business district. This current level of demand should be concentrated, to the extent possible, in one place -- rather than diluted across the several that exist in the study area — so as to take full advantage of the synergistic potential of co-location. Specifically, adjacent retailers generate cross-traffic for each other that they would not necessarily be able to attract on their own, and more easily cohere into something marketable than if they were scattered across a sprawling, disconnected land mass. The precedent for retail is strongest, and the catalytic potential seemingly greatest, in the Downtown core itself, which, with Chaparral Street and the adjoining side streets, can still point to a compact, walk-able, largely intact storefront fabric with historic and symbolic resonance. And with its cluster of dining and nightlife draws, its collection of hotels, its proximity to the Uptown office district and its potential for new housing, it can also offer a greater level of diversity and consistency in its consumer demand. Of course, with most of the visitor attractions located to the north, additional food, drink and entertainment uses might be possible there as well, particularly in the SEA District. That, however, would first require the creation of new inventory, which would likely assume a more isolated and disconnected form -- similar to the attractions themselves — and which would present formidable competition to (and amount to an abandonment of) the core. EXHIBIT B - Within the core itself, Chaparral Street should be the top priority: as the most identifiable street in the Downtown and, with the recent streetscape improvements, also the most attractive and walk-able, its progress — both real and perceived -- will have the greatest bearing on Downtown's overall brand. Focusing efforts there would also serve to reinforce and protect such public investments as well as private ventures like The Cosmopolitan. And in terms of the consumer, Chaparral Street is the most central of the core's north- south thoroughfares, and therefore, the most convenient for its various sub-markets. For while Shoreline Boulevard can offer the bay-front, and Water Street, visibility and access to the motorist, a Chaparral location is able to capitalize on proximity to and provide an added amenity for the daytime workers in Uptown, while, at least on one side, also enjoying Water Street frontage (a la Water Street Market). - Again, a strategy of prioritizing the core and Chaparral Street makes sense for Downtown Corpus Christi in the current stage of its evolution, but as the demand fundamentals improve, as the residential population grows and new daytime anchors are added, other districts could become more viable for retail. For now, though, these other districts are more appropriately designated for other (equally critical) uses and initiatives. In the meantime, the retail mix in each should be limited to what exists today, and perhaps, a few other ancillary businesses that would not weaken tenant demand for or reduce consumer expenditure in the core. For example, the Uptown intersection of Leopard Street and Staples Street, near the City Hall, the County Courthouse and soon, the RTA's new Staples Street Center, would be suitable, say, for additional quick-service food and beverage operators like Subway, Dunkin Donuts or even a Huddle House. - In terms of specific blocks and sites, the approach should be one of building from existing strengths, with near-term tenanting should focus on: I) available spaces along the stretch of Chaparral Street from William to Schatzell, leveraging both the Water Street Market and The Cosmopolitan; 2) storefronts on intersecting side streets headed towards Uptown, including William, Schatzell and Peoples, from Chaparral to Mesquite; and 3) mobile retailing opportunities for La Retama Park. In the medium term, tenanting efforts would encompass new Chaparral Street inventory created by the redevelopment of now-vacant building and sites (first initiated in the near term), including: 1) the Ward Building; 2) the Greyhound Bus Station; and 3) the parcels currently owned by TRT Holdings at the northern end of the existing fabric. The leasing climate north of Schatzell should start to improve once there is a clear and positive direction for the future of these last two. IV. Next Steps - Retail tenanting in a struggling Downtown requires a fundamentally different mindset. Unlike most suburban shopping centers, it does not necessarily sell itself. For this reason, EXHIBIT B simply posting a "For Lease" sign and then waiting for tenants to discover the opportunity on their own — the sort of reactive approach taken by most developers, landlords and brokers -- is often not enough, especially if the goal is not just to fill space but also, to catalyze broader revitalization. There is a need, then, for a more proactive effort, one that recognizes the true balance- of-power in this small corner of retail leasing — that the buyer, not the seller, is the one with all of the leverage — and that it therefore falls to the property owner (or its representative or advocate) to take the case directly and forcefully to the tenant, offering a convincing argument for why Downtown should be on its radar screen, with both a compelling pitch as well as other inducements, financial or otherwise. - The DMD assumes a pivotal role in this regard. Not only can it point to an energetic executive director with a background in real estate development — especially important in light of the relatively weak corporate presence in Downtown -- but also, as a property and business organization with a place-specific (versus a city- or metro-wide) mandate, it can more easily sidestep messy political dynamics that could potentially derail such efforts. Specifically, it is the DMD that should take the lead on the retail strategy outlined here, advocating on behalf of (or in opposition to) specific tenancies and uses; serving as their "concierge" or middleman with the City and other stakeholders (when necessary); lobbying for other broader initiatives and investments that might be necessary; and, more generally, providing a level of reassurance to prospective tenants and existing merchants that, like a shopping center manager, someone is "minding the store" and protecting their interests. Obviously the DMD does not have much actual leverage in this arena, but it can gain some clout by partnering closely with the public sector, which might have to remain behind the scenes for political reasons but which could align its various "carrots" and "sticks" — like, for instance, modestly sized forgivable loans for build-out assistance (below), expedited "fast-track" permitting, etc. — with the tenanting strategy outlined here. The DMD should also look to develop and strengthen relationships with the sub-set of property owners that are for various reasons incentivized to take a broader approach to retail leasing and might consider one or more "loss-leaders". These include landlords that have a larger portfolio and stake in the Downtown, that can appreciate the value of street- level tenanting in driving premiums on the (more profitable) uses upstairs, and/or that retain a sentimental attachment to the district and the city. - The DMD should position itself as an information clearinghouse, offering — with a separate link on its website as well as in print form (below) -- hard-to-find data points that retailers and brokers cannot easily obtain on their own, including a comprehensive inventory of available (and soon-to-be-available) spaces, details on individual sub-markets (e.g. visitors) and demand generators (e.g. live-music venues), testimonials from existing merchants, news on future developments and improvements, etc. EXHIBIT B The print format would offer more than just information: a professionally developed and designed brochure that challenges prevailing assumptions about Downtown retail and reframes the opportunity through a combination of creative data mining, coherent narrative and visual flourish, it would serve as a useful tool to landlords and brokers, particularly those ones educated in the "post-a-sign-and-wait-for-calIs" school of retail leasing. The DMD is also prepared to take its role one step further by signing master leases for the ground-floor retail space in new mixed-use project(s), and then proceeding to "curate"the tenant mixes there by actively pursuing desired tenancies and offering below- market rents. Yet as much as this might be needed, and although the public / non-profit sector must be willing at this stage in Downtown's evolution to take high-risk positions until private interests are ready to do so, it would be breaking new ground for a BID, especially a fledgling and capacity-challenged one like the DMD. - Incentivizing retail, it might be argued, amounts to an attempt to "skip" certain stages in the revitalization process. As already discussed, this typically backfires, at least when the purpose is to overcome inadequate consumer demand, for the recipient, upon draining the full amount, will still likely fall victim to the limitations of the market. (And ongoing operating support is never recommended, given the risk of protecting lousy merchants and creating the conditions for "moral hazard"). Incentives can play a critical role, however, if the goal is to overcome risk aversion on the tenant side. Of course, subsidies should not be offered in categories where the consumer demand simply does not yet exist, but in ones where the findings have revealed nearer- term potential (above) and where the reluctance is driven by other factors, like perception or undercapitalization, such assistance actually helps to facilitate latent (yet very real) market opportunities. One might argue that certain categories warrant exceptions to this general approach, like, for instance, art galleries and studios, which, irrespective of their ability to generate sales, could help in changing perceptions about Downtown. However, while this might be true, other sources of financial support are presumably available for such uses, particularly if they are run as non-profits or, for that matter, sponsored by a new TAMU-CC School of Art (see above). - There is precedent for Corpus Christi to make use of so-called Chapter 380 agreements in pursuing catalytic anchors for its Downtown: as just one example, Fort Worth-based Trademark received $23 million in tax incentives for the renovation and expansion of the old Padre Staples Mall (now, La Palmera). This practice is well established across Texas: indeed, one of Corpus Christi's competitors for new development, the City of Robstown, is providing $38 million to the developers of The Outlets at Corpus Christi Bay. There is also the need, however, for a separate incentive geared towards early-stage entrepreneurs, perhaps using "Type A" funds. In addition to the existing Fa4ade Improvement Grant program, modestly sized forgivable loans should be offered to help EXHIBIT B defray the build-out costs incurred by small businesses, including not just prospects considering a new location but also, current merchants looking to improve or expand their operations. The availability of such funding can be critical: many landlords assume that a period of free rent is sufficient, but this presupposes that the entrepreneur can still somehow front amounts in the tens or hundreds of thousands. And while some continue to view an inability to secure start-up capital as a red flag of sorts, the recent revolution in micro- scaled retail and food service has shown how undercapitalization is not necessarily an indication of business acumen or a predictor of success. Finally, in light of the complicated political dynamics surrounding growth and development in Corpus Christi, this incentive pool should be funded by the established TIRZ that is specific to the Downtown, jointly administered by both the City and the DMD but with the latter as the "front man". And again, such monies should be used as "carrots" to incentivize businesses and locations that have been prioritized in the tenanting strategy (above). - Of course, retail revitalization in a Downtown setting is not only or even primarily a function of consumer demand and tenant attraction: it requires a far more comprehensive approach encompassing initiatives and improvements in a broad range of areas, and while the DMD can and should take a leadership role in championing and coordinating what needs to happen, much of it will ultimately depend on support from and collaboration between a host of other entities and stakeholders. Given, for example, the weak connectivity between Downtown's various districts, it will be especially important not just to establish and reinforce links to the extent possible — for pedestrians between the core and Uptown, for motorists negotiating the new Harbor Bridge, etc. — but also, to ensure and expand direct, relatively fast and frequent transit alternatives that provide access to key consumer sub-markets, such as out-of-town tourists. Another critical piece is personal safety. Even this element, however, is more complicated than it seems. Of course the DMD will be playing a "clean-and-safe" function, but perceptions are also influenced by various other factors, including the cosmetics of building facades, the age of store signage, the condition of basic infrastructure, the design and programming of public spaces, even the communication protocols in crisis situations. And while retail can, as explained earlier, play a pivotal role in growing rooftops and catalyzing revitalization, ultimately its performance will hinge on the markets for these other uses. Demand, for example, could exist for new housing but if the numbers do not pencil or the price point is not right, it will not materialize. And on a macro level, structural forces impacting the larger economy or certain industries (e.g. oil and gas) could accelerate, slow or halt the process. EXHIBIT B In other words, retail revitalization, especially in a Downtown setting, is a marathon, not a sprint. Even in the frothiest of markets, there are countless variables and potential roadblocks, and there will be disappointments and setbacks. Furthermore, the only constant about retail is that it changes, constantly. Yet while staying the course carries no guarantee of a successful outcome, refusing to resolve upon one or failing to stick with it is more likely to result in failure. EXHIBIT B Downtown Area Development Plan City Council Presentation March 20, 2018 J ` 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 171, 2017." A new era for the Downtown Area • Market-driven, , � �+ AeacM1 and attractions Leveraging intrestrumur.invesam.m and action-oriented plan 1 / i filling the gaps wth live/w.rM1/learnplay Pr.m.t nq v 6ra�d and access 61e Primarily m • 1 r i 1 I 1 a r i I y developed 3� '� a walk hl tting ;' .� t t g nei hh ht d end people ss gasp mth A yandd t al parMs fNIfA� in 2014-2015 &� building upon R/UDAT, Harbor RILIJIII HILL plp Bridge planning 31rnngthnn ng nn n ahl ahnd gnfghh.rh..d wth ennnncW 41 sfrccrs and haus ng .�.f • Finalized to reflect cpgssigw u current conditions Providing housing options � �` Expending sh.ices e iand.pp.rlungles fi.r current J for h.usingj.hs, • Key ideas are d..la dtra.aP. n.. producing results us communication . rchPublic & stakeholderJ meetings NOVEMBER 2014-Presentation of purpose end goals of the study with analysis Real- - - market and residential market potential,followed by breakout groups and report backs on DABP districts,themes,and priorities. feasibility analysis • !� FEBRUARY 2014-Presentation of Draft Vision and Strategies,Office and Hotel analysis • • • • - with• Market,Development Economics,and Transportation findings,followed by discussion groups around the presentation topics'. designHarbor Bridge project Urban MWY 2074-Presentation of draft DABP recommendations derived from public cussions and stakeholder input Lo receive final comments in anticipation of creating the final DADP for Corpus Christi City Council review and approval. t'"' % 2017 Community Engagement e� - • Advisory Committee ►X . - 2 Meetings s ` ( ) place to litia. • Stakeholder Meetings mK (4) ,ami • Presentations at h' Community Events (4) • July 24 Open House -- I • Public Survey (81) • Planning Commission Presentations (2) Vision themes • Encourage market- driven v I m nt ." de e op e - vv • Create more housing choices -rteJComplete a waterfront park ,►M and trail network • Reconnect neighborhoods t • Celebrate this unique place to yy 'F- �Fj►� °" ��„ live, work, learn, and play •• •- f h P t,10% Ten initiatives Three categories: Real estate reinvestment Infrastructure Great places for people REAL ESTATE REINVESTMENT TIRZ #3 • Utilize TIRZ #3 to unlock market-driven development with flexible, effective options serving the different incentive - needs of different projects • 9 projects - REAL ESTATE REINVESTMENT TIRZ #30 • Utilize TIRZ #3 to unlock market- driven development with flexible, effective options serving the different incentive needs of different projects •, t • 9 projects r �,a y REAL ESTATE REINVESTMENT I6 Public/private partnership • Target tax e.,G.,.,..,....oaP�E....o. abatement and AOL other incentives to � ' reinforce , neighborhoods with TIRI new jobs and mixedSt - income housing r."t. _ a 10 REAL ESTATE REINVESTMENT Public/private partnership • Target tax e.,G.,.,..,....oaP-E....o. abatement and AOL other incentives to reinforce , neighborhoods with new jobs and mixed- income housing . I 11 r�% =: Activate vacant properties REAL ESTATE REINVESTMENT • Proactively FT encourage redevelopment of well-located � underutilized properties • Historic Nueces County Courthouse /Former Bus Station w P , 12 to% ONFRASTRUCTURE , Improve key streets, parks initiative • Invest in prioritized infrastructure projects in concert with private - _- _-- development # ` • Shoreline Blvd. and 1 - Water's Edge Park y a improvements are attracting development 13 MI W- A99k F1 Park more efficiently Organize parking at �aw.. .'.na.re..o'��a»n °�^� � �.. �. � district scale tolow ,OW ` = ` increase convenience - i and efficiency = � , -le • TIRZ #3 parking study I ,, I r s �� provides newT ` guidelines for pricing, - management 14 INFRASTECTURE Organize event traffic • Actively manage event traffic • Improved coordination among event sponsors & E city departments is improving access INFRASTECTURE Organize event traffic • Actively manage event traffic • Improved - coordination among _ event sponsors & - city departments is :r improving access _ r= i ff IN' Re-connect streets ' • Transform old Harbor Imi Tr—fVisrud' ...�...n...a..o, .�n DRAF Bridge infrastructure to �.••••.� ;- „ ��+= AWAI connect districts and the bay with walkable ... W development. • Harbor Bridge design, .. Bike Mobility Plan EBB advancing 17 k . 0 PR'MAWAI ` = Re-connect streets oil • into walkablecityAmets Transform old Harbor Bridge infrastructure to �•••••� '� �` ��+= connect districts and p the bay with walkable ... W development, access tea`•••. , � �� • Harbor Bridge design, ' ..> Bike Mobility Plan 5 advancing , 18 GREAT PLACES rOR PEOPLE = Where Fun Happens 0 • Intensify destination arts and retail programming • Marina Arts District '" J brand launched. Ki ;- p Expanded farmers/ art market, food trucks, mural program 19 GREAT PLACES rOR PEOPLE tlii% Where Fun Happens • Intensify destination CORPUS CHRISTI,TEXA, arts and retail a, AP A n1w IN ARTS DISTRICT programming �. .; 6 7 • Marina Arts District brand launched. Expanded farmers/ ►� art market, food trucks, mural program 20 GREAT PLACES FOR PEOPLE ��,72Embrace the Waterfront gI111 �1INS A • Fill missing links in oA� DRAFT Corpus Christi's ,, signature waterfront park and path network • Marina docks, ... Shoreline Boulevard, and Water's Edge Park are attracting - : people, investment y 21 GREAT PLACES FOR PEOPLE ' a1I101IN `� Embrace the Waterfront 1"1 " • Fill missing links in oA� DRAFT Corpus Christi's ,, signature waterfront park and path network .. • Marina docks, r Shoreline Boulevard, and Water's Edge. Park are attracting people, investment , 22 GREAT PLACES FOR PEOPLE Keep it Clean & Safe • Create clean, safe, welcoming places 01b. • Dedicated cleaning staff/ambassadors, bike patrol, volunteersIlk ' OA% === 23 Unique Places in Corpus Christi ,�V Washington-Coles Marina Arts District "Strengthening an established neighborhood with "Leveraging infrastructure investment and felling -; connected streets and housing" od the gaps with live/work/learn/play" 2 E .Baysho................'re"...............Neighborhood....................... .......................................... Hillcrest a `Providing housing options and opportunities for "Connecting neighborhoods andpeople to the Bay current residents" and destination parks" ..........................................................._......................................................... SEA District Uptown and Surrounding Neighborhoods "Promoting vibrant and accessible destinations ' "Expanding choicesforhousing,jobs,and within awalkable setting" transportation" North Beach "Beach and attractions" 24 GDevelopment Guidelines • Primary Walking Street r - M-V 7h 25 F tr Development Guidelines • Flexible Access Street a t r Development Guidelines • Gateway Street or Boulevard 27 Recommendation Staff and Planning Commission recommend adoption of the Downtown Area Development Plan Downtown Area Development Plan Survey Results Responses Through September 5, 2017 0 Us I C, Where . . you Written Survey %of Online Survey Responses Responses Total Total* The Marina Arts District 2 +2 =4 5% The SEA District 1 +0 = 1 1% Uptown and Surrounding Neighborhoods +0 =5 6% Bayshore Neighborhood 1 +1 =2 2% 33% North Beach 1 +3 =4 5% Washington-Coles 1 +0 = 1 1% Hillcrest +10 = 10 12% Elsewhere in Corpus Christi +5 =48 59% Outside the Corpus Christi City limits +0 =7 9% 0 l0 20 30 40 21 82 Total Results:61 *Note: Sums may not add to totals due to rounding. Where . . you work? Written Survey %of Online Survey Responses Responses Total Total* +1 =9 11% The Marina Arts District +0 =4 5% The SEA District 17% Uptown and Surrounding Neighborhoods +0 - 14 44% Bayshore Neighborhood +1 = 2 2% North Beach +2 =4 5% Washington-Coles +0 =0 0% Hillcrest +1 =3 4% Elsewhere in Corpus Christi +7 =28 35% Outside the Corpus Christi City limits +0 =4 5% None of the above +8 = 13 16% 0 5 10 15 20 20 81 *Note: Sums may not add to totals due to rounding. Total Results:61 attended the Downtown - Development OpenHouse on 1 Written Survey %of Online Survey Responses Responses Total Total* Yes +11 = 36 44% No +10 = 46 56% MEN o io zo 3o 21 82 *Note: Sums may not add to totals due to rounding. Total Results:51 The five Downtown Area Development Plan Visirn Themes capture the community'svision for Downtown. pages Written Survey %of Online Survey Responses Responses Total Total* Strongly agree +4 = 35 430 0 65% Somewhat agree +5 = 18 22;9/ Neither agree nor f12 = 17 21% disagree Somewhat disagree = 4 5% 15% Strongly disagree = 8 10% 0 5 io is 20 25 30 21 82 5 Total Results:61 5The tenDowntown Area Develtopment - r r for Downtown. - pages Written Survey %of Online Survey Responses Responses Total Total* Strongly agree +3 = 36 44% 67% Somewhat agree +5 = 18 22% Neither agree nor +12 = 15 19% disagree Somewhat disagree +1 = 5 6% 15% Strongly disagree = 7 9% 0 5 l0 15 20 25 30 21 81 *Note: Sums may not add to totals due to rounding. Total Results:so The Downtown Area DevetopmentInfrastructureInitiatives capturetheneeds Downtown area. (Seepages Written Survey %of Online Survey Responses Responses Total Total* Strongly agree +3 = 33 41% 64% Somewhat agree +4 = 19 23% Neither agree nor +12 = 17 21% disagree Somewhat disagree +1 = 6 7% 14% Strongly disagree = 6 7% 0 5 10 A 20 A 30 20 81 Total Results:61 *Note: Sums may not add to totals due to rounding. The District r -s reflect the unique characterof differentdowntown neighborhoods. - - pages Written Survey %of Online Survey Responses Responses Total Total* Strongly agree +2 = 27 33% 58% Somewhat agree +6 = 20 25% Neither agree nor +11 = 18 22% disagree Somewhat disagree +1 = 10 12% o 20/o Strongly disagree = 6 7% 0 5 10 15 20 25 20 81 Total Results:61 8 *Note: Sums may not add to totals due to rounding. The City should adopt design guidelines r Downtown pages 1 Written Survey %of Online Survey Responses Responses Total Total* Strongly agree - +2 = 43 53% 81% Somewhat agree +13 = 23 28% Neither agree nor +4 = 6 7% disagree 2 Somewhat disagree +1 = 5 6% 11% Strongly disagree = 4 5%0 0 10 20 30 40 20 81 Total Results:61 9 *Note: Sums may not add to totals due to rounding. �138 0 INFORMAL STAFF REPORT I i 2 res: MEMORANDUM To: Margie C. Rose, City Manager /1� Thru: Keith Selman, Assistant City Manager From: Daniel McGinn, AICP, Director of Planning and ESI Pfii Date: Marco 24, 2018 Subject: 2014 Corpus Christi Regional/Urban Design Assistance Team Program (R/UDAT) Issue During the Council meeting of January 38, 2018 Council Member Lindsey-Opel requested that staff provide a briefing regarding the R/UDAT study and the City's implementation of facilitating commerce as it relates to the Harbor Bridge Project. Background Created in 1957, the American Institute of Architects' R/UDAT program pioneered the modem charrette process by combining multi-disciplinary teams In dynamic, multi-day grassroots processes to produce community visions, action plans and recommendations. In its 47-year history, the R/UDAT program has worked with over 150 communities. In March 2014, a broad-based local steering committee submitted a formal application for a Regional and Urban Design Assistance Team (R/UDAT) project to the American Institute of Architects. As the project application stated, "Corpus Christi and the surrounding bay area communities are poised for a bright future. Removal of the existing bridge will provide an unprecedented opportunity to connect our city's urban core of entertainment, sports, history, and culture. It is the desire of the Steering Committee to bring an AIA Regional/Urban Design Assistance Team to town to help us create this new vision." The community process took place from August 14-18, 2014.The process was designed with a multi-faceted format and included the following elements: • A comprehensive tour of the project area and surrounding community, led by local partners, Including a bus tour and site visits. Some team members participated in a bike tour of the area as well. • A series of key stakeholder Interviews, small group meetings, and focus groups. • A public workshop Involving approximately 80 residents, which collected input on community assets, identity, and aspirations for the future. • A three-day design studio with local professionals, planners, and partner organizations. The Planning Dlvlslon has printed copies of the 2014 Corpus Christi R/UDAT report for distribution to Council In advance of the Downtown Area Development Plan and North Beach Redevelopment Initiative Public Hearings and First Readings,scheduled for March 20, 2018. The R/UDAT document was Incorporated Into the Initial background research for both the Downtown Area Development Plan and the North Beach Redevelopment Initiative. Elements of the R/UDAT recommendations can be found in both plans. If you have any questions, please do not hesitate to contact Dan McGinn at 826-7011 or mail at DanlelMc@mtexas.com A - Y 1� 4 • Corpus Christi R/UDAT � rCorpus Christi, TX R/UDAT Report AlACommunifies by Design ENVISION . R_ f. #ti_ 1 - _ -57 Table of Contents INTRODUCTION 1 TRANSPORTATION 5 BIG PICTURE 13 LANDSCAPE 22 CONNECTIONS&RECREATION 35 ECONOMIC DEVELOPMENT 48 DESIGN&WAYFINDING 58 DAT LESSONS LEARNED &FINAL THOUGHTS 78 TEAM ROSTER&THANKS 81 i of community settings.Team members all agree to serve pro bono,and do not engage in business AlA f l m m I I n i t I Cas by Design e C�I g n � � development activity in association with their service.They do not serve a particular client.The team's 4lJ+I I I I 11411 I I lr k+ 4�J I I I role is to provide an independent analysis and unencumbered technical advice that serves the public E N V I SIO N . C R E A T E . SUSTAIN interest. THE DESIGN ASSISTANCE TEAM PROGRAM Public Participation.The AIA has a four decade tradition of designing community-driven processes The American Institute of Architects has a 47-year history of public that incorporate substantial public input through a multi-faceted format that includes public service work. The AIA's Center for Communities by Design has workshops,small group sessions,stakeholder interviews,formal meetings and presentations.This conducted design assistance projects across the country.Through approach allows the national team to build on the substantial local expertise already present and these public service programs,over 1,000 professionals from more available within the community and leverage the best existing knowledge available in formulating than 30 disciplines have provided millions of dollars in professional its recommendations. pro bono services to more than 200 communities across the country, engaging thousands of participants in community driven planning Multi-disciplinary Expertise. Each project is designed as a customized approach to community processes. Its projects have led to some of the most recognizable assistance which incorporates local realitiesand the unique challenges and assetsofeach community. places in America, such as San Francisco's Embarcadero, Portland's As a result,each design assistanceteam includes an interdisciplinary focus and a systems approach to Pearl District,and the Santa Fe Railyard Park. assessment and recommendations,incorporating and examining cross-cutting topics and relation- ships between issues.In order to accomplish this task,the Center forms multi-disciplinary teams that Regional and Urban Design Assistance Teams(R/UDAT) combine a range of disciplines and professions in an integrated assessment and design process. Created in 1967,the AIA's R/UDAT program pioneered the modern ---= - charrette process by combining multi-disciplinary teams in dynamic, multi-day grassroots processes to produce community visions, action plans and recommendations.In its 47 year history,the R/UDAT program has worked with over 150 communities. Sustainable Design Assessment Teams(SDAT) In 2005,as a response to growing interest and concern about local sustainability planning,the AIA launched a companion program to the R/UDAT that allowed it to make a major institutional investment in public service work to assist communities in developing policy frameworks and long-term sustainability plans.Since 2005,the SDAT program has worked with over 70 towns,cities and regions. The Center's Design Assistance Team programs operate with three guiding principles: Enhanced Objectivity.The goal of the design assistance team program is to provide communities with a framework for action.Consequently, each projectteam is constructed with the goal of bringing an objective perspective to the community that can transcend and transform the _ normal politics or public dialogue.Team members are deliberately selected from geographic regions outside of the host community, and national AIA teams are typically representative of a wide range 1 INTRODUCTION The following report provides a narrative summary of the Corpus Christi R/UDAT project,including a series of key recommendations the community can prioritize moving forward to achieve its aspirations for w North Beach,the SEA District,the adjacent neighborhoods,the historic downtown,and the surrounding area.The impetus for the project was j the ongoing work by the Texas Department of Transportation(TXDOT) on the Harbor Bridge project.The project includes the replacement of q the Harbor Bridge and the reconstruction of portions of US181,1-37, 4' and the Crosstown Expressway in a new alignment. THE CORPUS CHRISTI R/UDAT PROCESS R In March 2014,a broad-based local steering committee submitted a formal application for a Regional and Urban Design Assistance Teamv (R/UDAT)project to the American Institute of Architects.As the project application stated, "Corpus Christi and the surrounding bay area .• t communities are poised for a bright future.Removal of the existing bridge will provide an unprecedented opportunity to connect our city's urban core of entertainment,sports,history,and culture.It is The team members worked closely with local officials,community leaders,technical experts,citizens, the desire of the Steering Committee to bring an AIA Regional/Urban and others to study the community and its opportunities.The team's final report provides a narrative Design Assistance Team to town to help us create this new vision" account and summary of the recommendations presented to the community on August 18th. In May,an initial visit was conducted by the team leader and AIA staff FRAMING THE OPPORTUNITY to meet key stakeholders,refine the scope of work,and determine needed expertise for the R/UDAT team. In the following months,a The sudden burst of oil and gas activity in the Eagle Ford Shale region has been a game-changer for national team of experts was recruited from around the country,and the Corpus Christi area.As the R/UDAT application noted,"The City's economic future is bright.The the local steering committee conducted community engagement to Eagle Ford shale oil and gas fields run from the Mexican border to an area northwest of Houston promote the project.The community process took place from August with the heart of the fields being between San Antonio and Corpus Christi.The result has been a 14-18,2014.The process was designed with a multi-faceted format significant amount of development northwest of the City that has already had a positive impact" and included the following elements: Employment levels are a full percentage better than the state average.As a result,Corpus Christi is facing an enormous opportunity to leverage economic growth and catalyze a period of transfor- A comprehensive tour of the project area and surrounding mative change.The existing port has had to re-orient its operations for export,rather than import. community, led by local partners, including a bus tour and site Planned developments at the port are currently valued at about$20 billion.Beyond the port,the visits.Some team members participated in a bike tour of the area area has seen significant growth in the hospitality and service industry.The strategic advantages of as well. location,access to fuel,and labor are positioning the city for additional growth.According to the Texas comptroller's office,sales tax collections for the city government rose from$56 million in 2010 A series of key stakeholder interviews,small group meetings,and to$72.6 million in 2012.After years of static growth rates in the housing sector,over 1,000 new homes focus groups. were built in the region in 2012.By one estimate,the total impact could approach$17 billion as A public workshop involving approximately 80 residents, which investments and jobs continue to build momentum for the area. collected input on community assets,identity,and aspirations for the future. The City of Corpus Christi is attempting to build successful long-term strategies that take advantage A three-day design studio with local professionals,planners and of this economic growth to realize long-term community aspirations. Recent conversations have partner organizations. included Destination Bayfront,a $60 million downtown revitalization plan,conversations around luring potential cruise business,plans for a significant resort complex on North Padre Island,and 2 a major waterpark.The Texas State Aquarium is also planning an expansion.Other HARBOR BRIDGE AND THE LEGACY OF A HIGHWAY current efforts include a citywide comprehensive planning process and a feasibility In 1956,the Eisenhower Administration led passage of the Federal Aid Highway Act,a study to potentially expand the Convention Center. signature piece of urban renewal era legislation that sought to leverage$25 billion for construction of over 40,000 miles of the Interstate Highway System.This time period Corpus Christi is facing an historic opportunity to dramatically remake its physical was characterized by rapid suburbanization and the decline of urban neighborhoods environment and reinforce what the city represents for its residents,future citizens that were dissected by freeways,often cutting off low-income neighborhoods from and visitors.The time to seize this opportunity is now. the rest of the community.The experience in Corpus Christi was representative of the most communities during this time period.As the project application observes, CORPUS CHRISTI'S CIVIC INFRASTRUCTURE&CAPACITY "Construction of the Harbor Bridge carrying US 181 over the Port's ship channel was Corpus Christi's citizens sense the historic opportunity that economic growth is completed in 1959. By the end of the 1960s,the road network had received two creating for the community. During the R/UDAT process,the community excitement high-capacity roads linked to the bridge:the north-south SH 286(locally known as and public expectations for great things in the future was palpable.The conditions the Crosstown Expressway)and the east-west IH 37.The study area neighborhoods are ripe for the community to seize control of its future,build novel partnerships,and were greatly disrupted,both physically and contextually,by the construction of these use this transformative period to realize collective aspirations.Corpus Christi has a roadways.Former through-roads became dead-ends and entire blocks of homes and well-demonstrated capacity to build cross-sector partnerships that engage in innova- commercial buildings were demolished.The Harbor Bridge created a physical and tive work.In 2003,the City received an All-America City Award from the National Civic visual barrier in the SEA District and further isolated the residential neighborhoods League for its civic innovation.Corpus Christi was recognized for the collaboration from the downtown.The area known as the'Northside'encompasses the portion of and engagement highlighted in its innovative programming around the Juvenile the city now north of IH 37,southwest of West Broadway,and east of Nueces Bay Assessment Center (an organization that helps decrease juvenile crime), Forward Boulevard.North Port Avenue bisects the Northside,dividing it into the historically Corpus Christi(an economic development organization),its Air Quality Group,(it was African-American Washington-Coles neighborhood to the east and Hillcrest to the the only major city in Texas to meet state and federal air quality standards) and a `^gest:' its Junior ROTC team program.The community's annual Buccaneer Days,held since 1938,are another prominent example of community organization.Led bya non-profit The removal of Harbor Bridge and re-alignment of the highway necessitates a organization and appointed Commission,this event includes dozens of partners and rethinking of the area.It provides a significant opportunity to radically remake the sponsors,and generates over 250,000 participants each year.When the community transportation infrastructure by bringing back the local street grid that defined the collaborates across sectors,it has proven it can accomplish great achievements.This area in the pre-highway era,and it allows Corpus Christi to engage in long-term physical evidence of this capacity is evident as well,including the successfully effort to visioning about the kind of physical character and placemaking that should define obtain the USS Lexington,build a prominent aquarium,establish a number of popular this part of the community into the future.This represents an enormous opportunity. museums and cultural attractions, and establish the city as an attractive regional When Harbor Bridge and the highway were built,they defined the area's character for destination for visitors. over 50 years.Their removal presents nothing short of the opportunity to redefine this area for the next half century. 3 EXISTING CONDITIONS IN THE PROJECT AREA development"between the project area and downtown. The size and adjacencies The R/UDAT team found several significant barriers that impede community in the of existing vacant land provide a strategic opportunity to fulfill community needs, existing physical framework of the project area. such as housing,that can contribute to a more vibrant district.They also provide an opportunity for complementary mixed-use infill development and investments in the public realm that can contribute to a sense of place and create a unique experience Land Use Conflicts for residents and visitors. The predominant land use pattern in the area has been characterized by"develop- ment by default;'rather than proactive visioning and planning outcomes. As the Public Realm and Placemaking application notes,"In the 55+years following the bridge's opening,areas proximate The quality of the public realm in the project area is inconsistent.The team found to it have developed in ways that were probably not anticipated"This practice has many significant areas uninviting for pedestrians or bicyclists. This is of partic- led to a haphazard collection of adjacencies which do not connect to one another, ular importance on the waterfront, which provides a unique place embodying which do not feed from each other,and which collectively do not contribute to an the character and identity of Corpus Christi.During the R/UDAT process,the team inviting public realm or connected community.The mix of industrial land use with heard unanimous sentiment that the bayfront is the defining characteristic of the sports,culture and entertainment can create potential land use conflicts that must community.The Corpus Christi waterfront should serve as the central civic space in be mitigated,particularly given the context of a rapidly growing port with a need for the community,and investments in the public realm at the waterfront are critical additional land.The community must think strategically about future land use in the moving forward.Public access to and along the waterfront should be of paramount area to accommodate all needs without detracting from the character of the district. importance.Creating a welcoming environment and visual access to the water will This must be accomplished through an assertive vision and the complementary policy pay exponential dividends in facilitating the city's relationship with the water and and design framework that defines what the community wants here. enhancing the identity of the city. Connectivity and Wayfinding Partnership Potential The removal of Harbor Bridge provides a significant opportunity to re-stitch the urban The project area is home to many prominent civic institutions and organizations fabric ofthe area and the local street grid to produce an efficient,walkable district that currently.However,the physical framework for the area is reflected in the balkanized is welcoming to multipletravel modes.The existing connections between manyof the condition in which most entities are currently working.As a result,there is a lot of attractions in this district,and between this area and the downtown,are insufficient. great investment and programming that is happening in isolation,resulting in missed The R/UDAT team heard many complaints about the difficulty visitors and residents opportunities for exponential impact on the vibrancy of the area.The opportunity to experience navigating this area as well. Directional wayfinding and the supportive build partnerships and synergies between investments and activities is huge.Aligning public realm that help create the context of place are in need of improvement in the current and future investments in the area around a collective strategy is a top priority area.The emerging Sports,Entertainment,and Arts(SEA)District represents a signifi- if the community is to realize its long-term aspirations.The ability to mass resources, cant area where investments in place,connectivity and the quality of the public realm create touch points across existing and future programming activities,and engage in must be focused.The North Beach community,State Aquarium,USS Lexington,and collective placemaking that involves the entire community is rich with opportunity significant natural areas define the northern end of the project area.The project and should become a central task moving forward. application describes the district as comprised of a host of important cultural assets, including "a convention center,auditorium,sports arena,art museum,science and history museum,water garden,bayfront park,community theater,and historic homes park" "Gaps"in the Urban Fabric The historic neighborhoods that once defined the project area are largely gone, the victims of steady decline since the Harbor Bridge was built.The application also notes that"there are still several blocks of unimproved land available for further 4 Transportation i HISTORIC TRANSPORTATION CONTEXT Action Construction of the Harbor Bridge carrying US 181 over the Port's Refine the travel demand model to more accurately represent the SEA District/Downtown special ship channel was completed in 1959.The structure replaced a bascule generators and longer range or build-out land use in the SEA District/Downtown.Use these refined bridge responsible for chronic traffic delays due to its constant raising traffic forecasts for final design decisions. and lowering.By the end of the 1960s the road network had received two high-capacity roads linked to the bridge:the north-south SH 286 (locally known as the Crosstown Expressway)and the east-west IH 37. Local vs.Regional Bridge Users A seven mile traffic shed analysis using the MPOTravel Demand Model showed a very strong linkage The study area neighborhoods were greatly disrupted,both physically between Portland and the Downtown/SEA District.If the model were more refined in the SEA District and contextually, by the construction of these roadways. Former area this linkage would show to be even stronger. through-roads became dead-ends and entire blocks of homes and commercial buildings were demolished.The Harbor Bridge created a physical and visual barrier in the SEA District and further isolated the residential neighborhoods from the"downtown" (Source:2014 HARBOR BRIDGE R/UDATAPPLICATION) Historic views of the Harbor Bridge(Source: texasfreeway.com) d� lnarrnal n�•�aaa PLANNING FOR THE PROJECT- TRAVEL DEMAND FORECASTS \ 76-350 Travel demand forecasting sets the stage for design of not only the w ,,,-,-, 301-GOu bridge but the entire transportation network connecting to it. ti •1201 2400 Issue Current and forecast volumes for Interstate 37 and the Crosstown Expressway suggest that the The MPO Model provides high level freeway modeling capability but regional linkages are stronger to the south and north,with the longest trips coming from Interstate is weaker at the collector level.Special traffic generators like entertain- 37 to the northwest. ment and recreation are not handled as well in regional travel demand models.The MPO forecast is driven by the location and density of population and employment.The traffic volume forecasts appear to Issue underestimate even the current daily traffic activity in the SEA District There are two distinct user groups using the New Harbor Bridge and each generates different travel suggesting the volume forecast for the arterial intersections and patterns and could drive different final design solutions. ramp terminals east of the New Harbor Bridge/Interstate 37 revised interchange may be underestimated for average daily conditions,let alone larger events.Longer range forecasts were estimated based on Action a fixed growth rate. Recognize the local vs.regional travel demand patterns in the final design of the New Harbor Bridge 6 connections recognizing that the local trips are more frequent and potentially more Functional Classification at a Local Perspective(such as a business on Chaparral St.) sensitive to inadequate design. The perspective of local business typically begins just outside the door with the street serving the business.Understandably,what happens outside a business owner's front door is going to be a higher priority than what happens on the freeway several miles Functional Classification and its Relationship to Transportation Planning away.The local business owner may know a lot more about traffic patterns than the Functional classification is the grouping of roads, streets, and highways into DOT or MPO traffic model. integrated systems, each ranked by its importance to the general welfare, the motorist,and the land-use structure.Functional classification is used to define the Chaparral Street-Urban Collector role any particular road should play in serving the principal functions of a road: mobility for through movements and access to adjoining land. Port Ave - Urban Minor Arterial Functional Classification from a Regional Perspective(TxDOT) As a statewide agency TxDOT looks at transportation from a broad perspective Interstate 37(W of Mesquite)-Urban Principal Arterial/Other with the Interstate system being a key priority. This perspective influences the planning and design of state managed facilities across the country,and in particular Water Street-Urban Principal Arterial/Other the transition from regional to local facilities can be a challenge for state agencies. This influences design in ways that range from the reliability of the travel demand Shoreline Blvd-Urban Principal Arterial/Other models used in planning to the design standards used for roadway design. Interstate 37 - Urban Interstate US 181 -Urban Principal Arterial/Freeway/Expressway US 181 - Urban Principal Arterial/Freeway/ Highway 286 Crosstown Expressway- Urban Principal Arterial/Frwy/ Expressway Expressway Highway 286 Crosstown Expressway- Interstate 37-Urban Interstate Urban Principal Arterial/Frwy/Expressway Local perspective of roadway prioritizations,with the larger text denoting perceived greater importance. Interstate 37(W of Mesquite)-Urban Principal Arterial/ Other The key to a successful transportation system is the integration of local and state transportation priorities to create a system that meets the objectives of statewide and local travel demands. Water Street-Urban Principal Arterial/Other Issue Shoreline Blvd-Urban Principal Arterial/Other The current functional classifications very likely carried over from the 1959 project are driving the current design,particularly the Interstate 37/Crosstown Expressway/New Port Ave-Urban Minor Arterial Harbor Bridge Interchange. Chaparral Street-Urban Collects Action TxDOT prioritization of roadways, with the larger text denoting perceived greater Reevaluate the functional classifications of roadways in the project study area,specifi- importance. cally Interstate 37 east of the Crosstown Expressway.Seriously consider reclassifying 7 Interstate 37 east of the Crosstown Expressway from Urban Interstate The Interstate 37/Crosstown Expressway/New Harbor Bridge Interchange to Urban Principal Arterial/Other(the same as Shoreline Boulevard Interchanges are broadly classified into two functional categories - "service interchanges"and and Water Street). "system interchanges':The term"service interchange"applies to interchanges that connect a freeway to lesser facilities(non-freeways)such as arterials or collector roads.Most service interchange forms TRANSPORTATION DESIGN ELEMENTS OF THE have at-grade intersections of the ramp terminals and the non-freeway cross-road.These intersec- PROJECT tions generally have some type of traffic control (stop signs,traffic signals,or yield conditions at Bridge Design roundabout intersections)that may require drivers to either stop oryield to other traffic or pedestrians. An interchange that connects two or more freeways is generally termed a"system interchange': The Interstate 37/Crosstown Expressway/New Harbor Bridge Generally,the traffic movements within system interchanges are intended to be free-flowing without Interchange stopping,except in special cases where toll plazas or ramp metering may be present.(Source FHWA The North Beach Connection Design Discipline Support Tool,Interchange Design{New Construction and Reconstruction},Prompt-List • Access to SEA District/Downtown for Assessing Key Geometric Features) A hybrid directional freeway to freeway interchange with a frontage road configuration is proposed Bridge Design that provides free flowing connections (a system interchange) from the New Harbor Bridge and The bridge itself provides significant improvements over the existing Crosstown Highway to Interstate 37 to the west;but utilizes a series of off-ramps,signals,frontage configuration with safer gentler horizontal curves,less steep approach roads,more signals,and on-ramps(a service interchange)to access Interstate 37(Downtown/SEA grades,three lanes each direction and wider shoulders.A shared use District)west of the interchange. non-motorized facility is planned for one side.The New Harbor Bridge is expected to operate at Level of Service A and B(excellent/good) ill. well into the future. The design has surplus capacity in its current10 configuration. 5 � PATR f + d t t t t t t Issue This current interchange design provides good access for the anticipated long distance regional traffic us 181 to and from the freeways,but poor connections from the north and south for the locally generated AW IN SPAN MIDGE trips between Portland,North Beach,the SEA District,and Downtown. Issue Action No significant issues with the bridge design identified. Reevaluate the current interchange configuration and improve access and connections to and from the SEA District/Downtown.Consider the elimination of the frontage road concept to a more direct service interchange configuration for traffic to and from the SEA District/Downtown. Evaluate the Action termination of Interstate 37(as a freeway)at the location of the interchange to allow a lower speed Support the current bridge configuration. but higher capacity arterial design immediately east of the interchange. 8 The North Beach Connection E.Port Avenue. The access to North Beach will be about a mile farther north at Beach Avenue after construction ofthe New Harbor The Agnes Street/ Laredo Street Couplet to North Bridge adding about 3 minutes(1 minute north at 60 mph and 2 minutes back south at 30 mph)to the current Chaparral and Water Street. travel time. Power Street (The extension of Fitzgerald Street to North Staples Street could replace this option in the s future.) i 3 I i 4 These routes lack the urban amenities of Interstate 37 as it enters downtown and current conditions in the - corridors do not encourage their use.However,increased utilization of these routes now and in the future would Ir ! support increased economic activity along them and provide more effective utilization of the City's transpor- Issue tation network.Providing multiple access opportunities Access to North Beach from SEA District and Downtown the will require a longer trip with the extended length of also allows for full or partial road closures to for special the New Harbor Bridge and revised connection points.Creating connections to the New Harbor Bridge closer than events. Beach Avenue to theTexas State Aquarium and The Lexington conflict with highway design objectives for reducing the steepness of the approach grades to the higher replacement bridge. Speed vs.Capacity Action While counterintuitive,faster is not always better when moving high volumes of vehicles.Higher speeds require Enhance the character and condition of Surfside Boulevard to make the longer to the trip Beach,The Lexington,or greater separation between vehicles and reduce the the Texas State Aquarium unnoticeable,as the Boulevard itself becomes the Gateway to North Beach. density of vehicles on a roadway. The Transportation Research Board's"Highway Capacity Manual"shows that Access to SEA District/Downtown-All or nothing or Divide and Conquer? the throughput of a vehicle lane reaches its maximum between 25 and 30 miles per hour. As a roadway transi- Providing access to a concerted location such as an event venue or downtown core can be approached in several tions from free flow expressway conditions to an arterial/ ways.Some strategies support a single use while others create greater synergy in a district or subarea. local street the ability to make lane changes, left and right turns at closely spaced intersections dictates a Issue lower speed to maintain mobility. Higher speeds do create more capacity. Multiple stakeholders shared a desire to maintain a concentrated access to and from the SEA District/Downtown at the Interstate 37 termination in support of existing and future development.This narrow focus could result in lost opportunities relative to the utilization and improvement of available access routes. Issue Multiple stakeholders shared a desire to maintain a high Action speed design to and from the SEA District/Downtown to each freeway section to maintain and improve capacity While the extension or expansion,or reconfiguration of Interstate 37 from the New Harbor Bridge and Crosstown and access in support of existing and future develop- Expressway to Shoreline Blvd.seems to be the logical choice to improve access to the Downtown and SEA District ment. Providing system interchange flyover ramps to a more effective approach would to better utilize already existing alternative routes that may be slightly longer and from the SEA District/Downtown has significant cost in distance or travel time(Google even shows them as options today)yet could be even faster alternatives to and right-of-way implications and reduces opportunities Interstate 37 during peak events.These routes include: improve or restore past connections lost with the original construction of the current Harbor Bridge in 1959. 9 { ,l Conceptual rendering of the new bridge as compared to the existing Harbor Bridge,as viewed from the Lexington. ti f f j Conceptual rendering of the new bridge as compared to the existing Harbor Bridge,as viewed from the park. Conceptual rendering of the new bridge as compared to the existing Harbor Bridge,as viewed from Republic of Texas. 10 Action Consider lower speed designs for the termination of Interstate 37 and the current ■ existing city arterials.Low speed designs can accommodate more intersections,more cross-street traffic,and respond better to event traffic manual traffic control(police officers). JCL'9 a CAPACM NAM D ` 30 M a x I rn U M V7.1r..m...2&T 20 I. 2W 4W II 000 IODO 1200 1400 1600 1600 2111010 11 11,111 11 1 'Jill 1111111111 Hourly Vehicesi Per Lane http://www.placemakers.com/2013/03/l4/walkable-streets-ii-the-documenting/ Source:http✓/ccrta.org/images/2014-harbor-ferry.gif Issue TRANSIT Both Route 78 North Beach and Route 76 the Harbor Bridge Shuttle will require The Corpus Christi Regional Transportation Authority(CCRTA)Service area covers 830 rerouting over the New Harbor Bridge.The route will be longer, travel time will square miles and provides transit service that supports over six(6)million boardings increase,and operational costs will increase.The final design ofthe New Harbor Bridge per year.In addition to fixed route bus services,the CCRTA provides commuter service 181/Crosstown Highway/Interstate 37 interchange will have significant operational to employees ofthe Naval Air Station and Corpus Christi Army Depot and other federal impacts to bus transit service. agencies,operates the Corpus Christi Harbor Ferry,provides transportation services to rural communities,assists citizens in creating vanpools and rideshare programs, Action and provides demand-response curb-to-curb service for qualified individuals with a disability. Plan for increased operational costs and travel times.Actively participle the in the final design of the New Harbor Bridge 181/Crosstown Highway/Interstate 37 interchange to ensure that transit operations are addressed in the design of on/off-ramps,and Transit—Buses intersections that will be utilized by transit. Existing transit service in the study area is centered on Staples Street Station with service to and from the SEA District and Downtown.Both Route 78 North Beach and Transit—Ferries Route 76 the Harbor Bridge Shuttle use the current Harbor Bridge.Service in the SEA District is focused on Chaparral Street and Harbor Drive. Marine transportation is a key driver of this project.The harbor creates a significant barrier to vehicles and pedestrians as well as an opportunity. While the New Harbor 11 Bridge will provide a much improved non-motorized facility for pedestrians and Limited access freeway or city arterial? bicyclists the walking/riding the distance required to get from the Art Museum of 60 mph or 30 mph? South Texas to the USS Lexington is measured in miles vs.the 3,000 feet across the bay that separates them. At grade intersections or bridges? Walkable or restricted? Issue A barrier or a connection? Is expanded Harbor Ferry service a viable mode along the waterfront and across the shipping channel? Can additional landings be implemented to act more like short hop trolley or streetcar than a traditional ferry? Action Investigate additional landings and ferry capacity to support multiple stops along the waterfront and more frequent service across the channel. Heavy/Freight Rail Rail continues to become a more important transportation mode as fuel prices increase,highways become more congested,and the need for effective transporta- tion of bulk commodities increases.The existing rail loop that circles the Port Facilities along Hughes Street,North Broadway under the current bridge,then along Harbor Drive is critical to the long term success of the Port.The loop encircles the Brewster Street Ice House,Hurricane Alley Water Park,Whataburger Field,and Port Heavy Lift Facilities. Issue Use of the rail loop the will increase significantly in the future.The frequency and length of trains increase will increase.Automobile,bike,and pedestrian volumes will to continue to grow as this area realizes its full development potential in the future. The increasing demand in all modes will increase the conflicts between rail,automo- biles,bicycles,and pedestrians Action Support increased use of the rail loop and implement enhanced rail crossing surface treatments and signals/crossing controls to safely manage automobile,bicycle,and pedestrian crossings. THE KEY QUESTION TO ANSWER Where does Interstate 37 end and the SEA District/Downtown begin?Answering this question addresses the following: 12 Big Picture V V, n 4 J i CONCEPTS THAT FRAME THE RECOMMENDATIONS BRIDGE RELOCATION Corpus Christie grew up along the Gulf of Mexico in an area of significant beauty and strategic opportunity related The relocation of the bridge creates an unprece- to the commerce of the Gulf-both economic and recreational. You are a"spring break"and beach destination as dented opportunity to think about the future of your well as a place of significant commerce and industry. Your Port is thriving-expanding-and as an integral part community. An investigation of this potential and a plan of your downtown it and the waterfront are important keys to your potential to build significant quality of life that integrates the entire area along the north waterfront components that can leverage your ability to attach and retain talent,diverse businesses and extended stays. can position Corpus for building the amenities and sense of place that are critically important in attracting and The R/UDAT team was asked to focus on the parts of Corpus Christie that will change dramatically with the replace- retaining the people that make for a diverse and sustain- ment of your bridge. These areas-the SEA District and historic North Beach will see the most direct impact of the able economy. bridge relocation,but with a new approach to downtown-and the waterfront-the area of opportunity rightfully should be seen as:North Beach,the SEA District and the Historic Downtown Core.Together these waters'front The R/UDAT investigation illustrates how some of these aspects of Corpus marry the potential to celebrate-build on-the recreational,cultural,entertainment,historic new opportunities might be realized. The investiga- and industrial aspects of what makes Corpus distinct. tion also brought to light a number of ways to address connectivity,movement patterns and infill development ' that do not have to wait until the new bridge is in place. i In North Beach Long Term in response to the new Bridge: 1 Make"Aquarium Boulevard"beautiful and delightful -worth the extra time needed to get from the more s northern exit off the bridge to the Aquarium, the + Lexington and the Beaches Concentrate commercial activity-retail and lodging -near the Aquarium and the Lexington rx� Useold bridgesite near the Aquarium for well-planned new RDE (retail, dining and entertainment).Venue parking should be beyond the RDE,not between it The overarching concepts that have organized the teams'investigation: and the Aquarium and the Lexington Use green infrastructure to mitigate flooding/storm Capture the potential of the bridge relocation: surges and to make birding and engagement with the -for a new sense of arrival into the heart of Corpus coastal environment a part of North Beach's destina- tion offerings -for newly available development parcels Connect North Beach to SEA District with a regular water taxi or ferry at the north end of Shoreline -for reduced barriers between areas in and adjacent to downtown Address new needs for public safety with a North Beach fire station,EMC and police substation(perhaps Create Connectivity between destination activities and venues as a gateway component of the new bridge exit) Create a stronger mix of uses and density that contribute to the potential for vitality throughout the day and throughout the week Create a walk-able environment with places to come together and spend time in the public realm 14 f e I+ c!• � C.T OL cy lk epi y J i4-i f P , r ti° `''}z 15 Near Term: Create a zone of offices and mixed-use around the courthouse that contributes to Initiate Aquarium Boulevard beautification/enhancement with the expansion of a critical mass of daytime users the Aquarium Keep the scale of this development modest to protect the spectacular NEW VIEWS Develop better way finding and signage of the water as you arrive on"Aubrey Nuevo" Develop a ferry stop adjacent to the Art and Science Museums Bring buildings to-the-side walkwith ground floor uses that are extroverted -Parking is behind the building,on the street and in a public deck that serve �+l� this entire area i -This parking deck can be used for event parking nights and weekends Make a round-about at Chaparral and Aubrey Nuevo +` -This distinctive intersection leads people into both the historic downtown s and the SEA District Make a round-about at Shoreline and Aubrey Nuevo to celebrate connecting with $eQ ti d the city's water front , _ Near Term: t •' �, Identify multiple routes for arrival and departure-by car/bus-to SEA District ' venues -These can include:Port,an extension of Staples(across the old water t' treatment site)and Agnes T -The use of Agnes brings people along Chaparral through downtown and creates new visibility and potential for downtown businesses and venues -New public parking at Agnes and Chaparral can be used both for In the historic downtown downtown event parking with bike rentals and shuttles to the SEA District Long Term in response to the new Bridge: Sign and promote these routes to your local/regional community Reconnect the grid of streets"above the bluff"-at grade Begin infill development around the courthouse using development patterns that -This new connectivity creates opportunities for mixed-income residential in are urban not suburban the"downtown adjacent"historic Washington Coles neighborhood Create a public parking deck that can support higher density in this area and that provide event and waterfront overflow parking nights and weekends Make the new approach to the waterfront and downtown-"Aubrey Nuevo"(the Develop better signage and way finding for downtown and for the SEA district old Highway 37)-a boulevard with pedestrian and bicycle friendly street intersec- tions -Encouraging movement/activity between the historic downtown and the SEA District 16 In the SEA District Long Term in response to the new Bridge: Make"Broadway Nuevo"- site of the old bridge base - a neighborhood scaled walk-able street a 4(111 Cr�O • Shift the new street to the east of the right- - of-way creating larger development parcels 5 ¢ tit1 ti` ti between Tancahua and Broadway Nuevo Use these parcels for a mix of office, residential and RDT (retail, dining and entertainment venues) I �t ', � tE. .•• Residential towers are appropriate in this new sward Towers would have deck parking with � •_ s � � ground floor retail hiding the decks r r On Broadw y Nuevo's east side incremen- tally develop mixed-use helping to increase density and residential options _ L Maintain the historic residences where they cluster in a critical mass rw 3 Coil ^ 0 way rv1i 0 17 CONNECTIVITY SEA District Corpus has many impressive and well-used destination venues and activities:from the Focus on Port Street as a near-term connective street between the Museums and Texas State Aquarium,the Lex and the BEACH in North Beach to Whataburger Field Whataburger and Hurricane Alley and the museums in the SEA District. But in many ways-literally and conceptually -Recruit additional retail,dining,and entertainment venues for sites along -these venues seem"stand alone" Without connectivity that is people friendly and Port near the Museums walk-able,you are not leveraging the potential of these venues to support additional restaurants,shops and specialty retail.A critical mass of these amenities adds texture, Work with the Corp of Engineers to relocate their offices so that their site adjacent interest,and a sense of place. It is import to have these types and kinds of places to to the Museum of Art and the Science Museum can be used for a ferry/taxi terminal encourage people to linger-to encourage them to spend time(and money)in your that connects North Beach with the SEA District downtown. -Develop a cafe/restaurant site at this ferry stop Without good connectivity it is also hard for visitors(and locals)to understand how much there is to do in your core historic and waterfront area.Without this sense of Develop good signage and way finding between venues "things to do"beyond"one destination"activities it is hard to attract multi-day visits, Work with the Port Authority as they develop their new facility to include a"port conferences and conventions,and new businesses,residents and retirees. viewing platform"that lets you watch the big ships and port activity North Beach Create strong way-finding and signage that celebrates your venues and your relationship to the water -Make the water ferry or taxi a necessity in leveraging the impact of your venues Make North Beach the first day of a visit,not the only day Connect people to the water and to nature -Develop your birding potential and opportunities for nature enthusiasts to „ hike,kayak/canoe and bicycle along the Nueces Bay Historic Downtown Shoreline Direct people to downtown venues Replace the parking at the north end of Shoreline(on the old barge dock site)with Focus on creating a critical mass of eating and specialty retail in one or two blocks a Shorefront"beach"that can attract sunbathers and"site-seers" and grow outward from these destination areas -Can't get in the water but you are at the water's edge Make it easy to find alternative parking Shuttle people from event venues so that they can develop the habit of eating and -Creates an extroverted waterfront activity as an anchor at the end of shopping in the downtown before and after ball games or a concert Shoreline -Activates the public realm with a new"gathering space" -Have shaded overlook on the sidewalk above;this overlook can also host food trucks and have areas for eating and enjoying food/snacks 18 •� ~.�Y{ kyr A'Y P-'�-+ Y _ MIXED USE AND INCREASED DENSITY Create a new pier on axis with Fitzgerald Concentrating and increasing density creates a character and sense of place that -Visual"terminus"for Fitzgerald and the future connection to the extension is urban and walk-able rather than suburban and car-oriented. The SEA District,in of Staples particular,is poised for this kind of investment and development. -Allows you to"get out on the water"for boat watching SEA District -Provides a new place to fish Apart from the vacation of right-of-way associated with the bridge replacement there are vast areas of openness in the SEA District that could be developed for a mix of uses Complete the"greening"of Shoreline south of the convention center(phase three that bring people to the area throughout the day,nights and weekends. With more of Shoreline redevelopment) people,it is easier for businesses-cafes,restaurants,and specialty retail-to thrive between episodic special events and with people walking and moving through the Incorporate shade structures that enhance the experience of walking district it is not only more interesting but also safer. One of the most under-utilized areas of the district is the Shoreline-the water's 19 edge. This proposal investigates mid-density f waterfront residential with family friendly cafes on the street level and a destination restaurant ` on a roof terrace. This area has probably been seen as a potential hotel site or expansion site for the convention center. We are recommending that the conven- tion center expand to the west onto blocks �•`' �- o may : 1 �`" 1 that are currently surface parking. Included in 4 that concept is a 1000 space parking deck that is fronted by retail/commercial. The deck can serve the convention center and the proposed e 14 y4 n r i new waterfront residential as well asthe district's rE entertainment venues. t". �r .e n' A convention center hotel is proposed a block 4 further to the west. This site is appropriate for , a tower and can have an associated deck. The77 hotel guests are then also in an easy walk of the - •r Q. ,+_ _ �{;,4 museums,the ferry,the ball park and the other destination venues of the district. Additional residential and mixed-use is illustrated. Making Chaparral have mid-density ``�.•� frontage will make it-long-term-a street that people will enjoy walking between the historic ° downtown and the museums. Other recommended infill in the district include a � a makers space- an ideal warehouse conver- sion; onver sion;a crafts/arts incubator and market;and the = 14 mw preservation(and celebration)of Heritage Park as an event venue and heritage site. p , m Historic Downtown Housing in the downtown is essential to revital- ization of this part of your city. Your historic building stock is incredible and loft conversions have been thriving in many other cities the size of Corpus. 20 WALKABLE PUBLIC REALM . ,; . r � E3 _ A strong sense of place depends on attention to the"third places"of our built environ- .�,:: Q f ment. If the"first place"is our homes and the"second place"is where we work,the Alm `-0°. ; "third place"is where we spend our leisure time with friends and family.Third places are parks,cafes,shops,bookstores,makers'places and the walking and strolling that let's us watch people,window shop and visit together. A walk or bike ride along the � y bay front clearly is a great local example of people seeking out a third place. But,a third place also implies lingering and spending time in a place. Creating those third ° places is an important-an essential-part of any revitalization effort. Good places in the built environment are connected and supported by pedestrian friendly streets that have good walking surfaces,good lighting and way-finding to build confidence and safety,and are interesting(and beautiful!)along the way. Much A : v of that interest comes from notjust great views and good/interesting architecture but y .S also from shops,eating establishments and extrovert ground floor activities. a ,` 03,`k`h 4 r' 1: rax �r I DOWNTOWN ADJACENT NEIGHBORHOODS CONCEPTS TO ACTION Roads and industry cut off the Washington Coles neighborhood and today it is an This proposal illustrates ONE way the concepts of this investigation might be realized. area of disinvestment and vacancy that belies the rich cultural and historic contribu- As the leaders and decision makers and stakeholders of your community leverage the tions that this neighborhood represents. Increasingly,these"downtown adjacent" potential of these areas it is important to return with each action to the concepts and areas are attractive for reinvestment because they are within an easy walk of attrac- use these concepts as a test of whether each move will reinforce the larger potential tions both cultural and entertainment-and in the case of Washington Coles-the to make your historic water front and port the thriving place it can and should be. waterfront.This proposal recommends a strategy of new residential that will include a mix of choices in size,type and will serve a mix of incomes. Existing houses that can be retrieved or restored should be preserved and new housing should include townhomes,duplexes,live/work and apartments as well as single family detached. Amenities-in addition to location-should include a neighborhood park(on the old water treatment site,)a biking and walking trail(on the abandoned rail bed,)and a small market(that can serve nearby downtown residents as well.) The realization of this potential will depend on the relocation of the bridge and the ability to"knit"this neighborhood back into the larger community. 21 i IIS CLIMATE BASED DESIGN Action Items to Phase Corpus Christi's hot and windy climate plays a distinct role in the life and identity of New land use planning and building code should focus on flood hazard mitigation the city.Weather patterns have had profound effects on attitudes towards outdoor and should incentivize microclimate based design activities both positively and negatively.Its humid subtropical climate is in contrast to much of Texas,which,while generally considered hot,is also predominantly dry. THE SHAPE OF THE LAND In Corpus Christi,rainfall average is over 31 inches,however the city has recently has been in a period of sustained drought. Rainfall tends to occur in concentrated Historic Corpus Christi is primarily entered through Highway 37 to the West and periods,which creates potential for flooding from frequent downpours. The North Highway 35 across the Corpus Christi Harbor Bridge.The downtown area is character- Shore and even some low lying parts of downtown are vulnerable to floods despite ized by the bluffs overlooking the bay from the central business area and the historic the protective influence of the Sea Wall. Storm surge from hurricanes represents a Washington Coles neighborhood. Moving south from Broadway,the bluffs give way greater concern with potential velocity wave action that would overtop low lying to a low lying area of the historic downtown.The lowest point is at Water Street,which development throughout the North shore.These flood risk issues should shape future was the original shoreline edge of the city. With the completion of the Sea Wall in development decisions to mitigate risk and sustain long-term development. 1941,Corpus Christi not only had a signature public realm asset but also several new city blocks with the infill from Water Street to Shoreline Boulevard. Perhaps the climate's most distinct feature is the presence of constant high sustained winds throughout the year,making it one of the windiest cities in the country with an A study of high points and low points surrounding downtown indicate several average sustained wind(according to the National Oceanic and Atmospheric adminis- opportunities with the replacement of the Corpus Christi Harbor Bridge. With a tration)of 12 miles per hour,meaning there is always a constant breeze.The constant shifting traffic pattern and reconfigured traffic ways comes the potential for reconsid- breeze relieves the heat and humidity,especially when there is shade. Winds can erationsof gatewaysand entriestothe downtown.For Example,the depressed portion become quite forceful at any time of the year with gusts reaching forty miles. Wind of Highway 37 currently bifurcates the upland downtown and the Washington Coles also creates a unique sporting environment,including opportunities for wind surfing, neighborhood. Also due to its sunken configuration,the highway fails to capture the kite surfing,and sailing. view of the Bay upon entry into the downtown.With the reduced traffic burden on 35, the bridge road can be configured to extend Broadway to the East in a way that knits Informal interviews and conversations with the community indicated thatthe climate together Washington Coles neighborhood with the Cultural district. Lastly,low lying represented a significant barrier to outside activities as straightforward as a five areas identified in a preliminary survey indicate that there are significant low lying minute walk. Respondents stated that walking outdoors for even a short amount areas with difficult drainage during storm events. of time made them feel uncomfortable and sweaty,especially in the context of the downtown office worker environment. The comfort problem is compounded by Action Items Now the prevalence of impervious,heat radiating surfaces from buildings and vast open parking lots,creating an increase in temperature. This effect from the built environ- Consider wayfinding strategies that attract visitors and locals to scenic overlooks and ment is conventionally referred to as the'heat island effect: Many of the stressors provide visual interpretation,either through signage or smart phone applications. from the heat island effect can be relieved by focusing on increasing shade canopy in the city and by providing opportunities to cool down. This can be achieved through a combination of built shading structures, incentivizing the use of heat reflecting Action Items Phased materials,creative opportunities to cool off with amenities such as mist sprayers, Assess the elevation and physical alignment of Highways 37 and 35 with consider- or private retailers providing cool drinks. Most importantly(and easiest to do)is to ations for eliminating grade separations and creating street level boulevards. increase the urban tree canopy throughout the city. Develop a plan for revitalizing the Washington Coles neighborhood;its views,historic character,and proximity as a walkable community tied to downtown employment Action Items Now centers makes it a logical choice for neighborhood re-development. Increase urban shade canopy along favored pedestrian corridors in the city Develop a drainage system that relieves low lying areas in the downtown area by Provide cool,shaded urban oasis destination to encourage office workers and tourists taking advantage of open space created by the decommissioning of the Highway 35 to step outside bridge route. 23 V' i T ' f ANVftlF P-WA�•�.�, Nif Grp.•! � �fj�.'�l'✓ �� This section illustrates the potential of lightweight investments to mitigate the heatof the city.A simple awning canopy is shown with Flexible seating and tables shaded beneath it.A food truck retailer operates a portable concession standby the promenade and ornamental planting in movable pots create a small oasis and break from the heat. 24 WA,tMCq-rcH—C�a Lr— N6t�u�5o7�eooC� ak,(S:pE asrA is EkrKAt- [SlurNrs5 1t lit. S pF-ff-5 NMY Nikt+ Bc-F'FYer-- 63Zd3t�i���� � r Ati ER, —SEA WA� VI eb�1S N Ye'N V IsTA4 to,fbll 7s Highpoints in the downtown landscape are highlighted in orange;the blue tone indicates low lying areas in the landscape.Arrows indicate views toward Corpus Christi Bay. 25 LANDSCAPE ORIENTATION&PUBLIC ART Since the Harbor Bridge was built,it has been both a visible landmark and an icon for Corpus Christi.In this urban landscape,with few significant hills or valleys, we can see far and wide.The Bridge was a beacon,a ' welcoming gesture,and a threshold.The new bridge _ will also play all of these roles, but it will not play them fully for ten years. In the meantime and as a - y buildup to this grand cultural landmark,we have the opportunity to expand and deepen our placemaking r�"ry °c rsFrx'" 4' craan dw w� and wayfinding systems. Citizens have embraced the Nun CARL V twarove newness that is coming.What if we begin to provide beautiful new functional landmarks that root us in place right now? Many participants in the stakeholder sessions and the +-- Friday public meeting described a city full of attrac- tions and amenities but many of them are difficult to 4 El E2 13 13 find and have no connective links. Some of Corpus r Christi's most iconic moments are expressed through } !y r its infrastructure. The flood protection of the Seawall is not only a work of engineering,it is a work of publicT—T— OWMAGE PARK FAKK LAW LAW PAW WALK WWAVArO-*WJWL AUP 5TKV=w.WrAk -W art and public space. As Corpus Christi invests in its e�wnew next generation of development, it is important to create a strategic vision by integrating public art with PeLPLEHAPIL.N'FM rAkFAM?AL�HC mrx AWS public work. The civic and landscape importance of the future bridge will create new gateways into the WINP,4WrWYW?10,+.P.MU-, downtown and the North Shore. CRtATF 019P HV" ` MKM CAM 1Ul i K MCAM r EL I Throughout our tour of Corpus Christi, the R/UDAT 9 p � k team sought opportunities to create destinations to connect locals and visitors throughout the downtown landscape. We foresee two scales of public art:a large p" i a scale that utilizes major infrastructure and public f � works improvements to create legibility and gateways I` in the greater landscape, and a second scale that El 0 µ �" creates walkable"rewards."For example,the hotels are I walkable to the cultural district but there is a lack of a J■y visual enticement. A visual landmark of scale would , A" help to create foot traffic and would also create an y� attractive marker to catch the eye and lead one into the cultural district. Strategic placement of public art and major civic structures,like the Sea Wall or the future bridge create landmarks in the city. Public Art can create iconic original wayfinding and accommodate functional purposes too,such as the fa4ade to a parking garage or the generation of sustainable wind power. 26 f ' 4 .� r b l ' � 1 � V5LO41ATY&KFr CMP-If S4^V"Fo P-1; Velocity Bike Course with sustainable wind power installations. 27 Y 1 1, ALK. PL-&kr 1X F CAZ [Sig+ With the creation of a new entry to the North Shore,there will be an opportunity to create a unique gateway to the North Shore. The section here envisions the creation of a boulevard that celebrates the sea life of the Gulf with a series of unique sculptures along a well-shaded and beautiful boulevard. This boulevard will create an interpretive gateway to Texas's most celebrated aquarium as well as a celebration of endemic sea life. 28 Action Items Now As the next generation of infrastructure is designed,it is important to design with the Consider sponsoring aWalkable Rewards Program.One example cited bya stakeholder ultimate goal of accomplishing multiple aims,and a water quality and flood protec- was a mural program that would strategically locate artful murals of shorebirds tion plan is logical. The Corpus Christi Harbor Bridge Project is not only catalytic to throughout walkable streets of downtown such as Chaparral and parts of Shoreline re-imaging the historic downtownandNorth shore;itcan alsoaccomplishmanythings, Boulevard. including improving quality of life and the regeneration of ecosystem services.The new bridge's shift of traffic patterns enables us to use a Green Infrastructure approach to protecting water quality and stormwater management. Green infrastructure uses Action Items Phased vegetation,soils,and mimics natural processes to clean water,mitigate flood hazards, restore habitat and clean the air. Over the coming decade,communities across the Consider public art's ability to influence the size, shape, and appearance of the country are expected to have to spend almost$300 billion dollars to upgrade and roadway and bridge infrastructure projects. These are gateway opportunities that repair existing infrastructure,and FEMA projects that 25%of annual damages from only come along once a generation. flooding are related to stormwater management capacity. Corpus Christi will also be impacted by a share of these costs over the coming decade. Develop an art improvement program that links key pedestrian corridors to increase the legibility of the built landscape in downtown and throughout the surrounding The Blue/Green way section is an example of creating new amenity and beneficial neighborhoods. habitat through the management of stormwater. A combination of greenways that create shaded linked open space corridors will be combined with strategic blue NATURAL ASSETS&ECOSYSTEM SERVICES ways which will add water launch destinations and wetland flood vents to treat Outstanding Natural assets surround Corpus Christi;the view of the Bay is the most stormwater runoff and mitigate flood hazards.Several of these green infrastructure iconic,but there are several others. As previously mentioned in other sections,wind projects can be initiated with the implementation of the new harbor bridge;along provides relief from heat and humidity as well as the energy needed for several North Broadway;along the proposed Broadway Nuevo in the R/UDAT concept plan; popular water sports including sailing and windsurfing. It's impossible to imagine along Aquarium Boulevard;and in tandem with the bridge improvements proximate Corpus Christi without its wind or water. How could you celebrate Buccaneer Days or to beach road. As the Blue/Green Way plan develops and extends shaded open space the Wednesday night Sail Boat races? Corpus Christi is also an incredible migratory corridors throughout the city,it will become a valuable tool to protect and capitalize bird flyway and boasts a diverse range of songbirds,raptors and shorebirds,giving on Corpus Christi's natural assets and reconnect pedestrians and cyclists to the fabric the city the moniker as"The Birdiest City in America"Lastly,the Bay is popular among of Corpus Christi's neighborhoods. recreational fisherman,with families and people of all ages frequently seen casting a line out into the Bay.These natural assets are a small but visible representation of the Action Plan for Now waythe environment provides value to people.We call this value"Ecosystem Services" In order to ensure the value is there for generations to come,we have proposed Incorporate and celebrate Corpus Christi's natural assets in the identity and branding. design opportunities associated with the bridge improvement that will enhance water quality,reduce flood risk and create better pedestrian and cycle connections. Action Items Phased Corpus Christi's identity is shaped by its dependencies to water.The access to the Develop a green infrastructure action plan to reduce demand on grey infrastructure port is an unmatched economic asset in the region and a key driver to long-term (conveyed sewerage systems).The EPA has recognized that reducing runoff through growth.The bay is the iconic draw of the city,a place of play,promenade and cultural greenway infiltration and bio-retention is effective for improving water quality,often adornment.However,while the shoreline is currently beautiful and attractive,it is also at less cost than traditional pipe,pump and lift infrastructure. a place of risk with storm surge representing a significant threat to residents on the North Shore and potentially to areas of downtown.Red Tide algal blooms also reveal Establish land use planning and building codes that account for storm surge risk, our dependency on the health of the Bay;when these blooms occur Corpus Christi is particularly on the North Shore,and protect natural assets particularly areas sensitive cut off from its greatest asset.Flooding from heavy rainfall is also a potential risk,both to water quality and migratory bird wetlands. to water quality as well to life and property.Recognizing the relationship between the built environment and water is fundamental to understanding the opportunities the Establish a Blue/Greenway plan that provides connective public amenity,stormwater living systems and green infrastructure offer to the citizens of Corpus Christi. management and habitat opportunities for local flora and fauna. 29 } � II a� 4 t,/ l • ' a 81KIE WALK F�,Vol>A IgLe 4ltC.C4"Ya aL.VFEWM WF T r> µ4L FLX €Ct KE F-HWkY WAS K The Blue/Green Way incorporates multi-modal cycle and pedestrian options with green infrastructure and Flood mitigation design to create amenities and protect built and natural assets. 30 Vij-WETY WKWA carasIE r pq T" ce F+4Y,!! lRd4ti i E LS-VxTE-0 BKL04;L T"+. s,JL , F:%ltKY SGA WALL iLDvP +� •,+►. BL6lE/4"F,N 1,AY?LAW ef[ NHr,-T-L'4-m EY,Y TC,Lo31l1 F-f-T PG[YLg� A plan that improves wa ter quality and reduces runoff can benefit the citizens of Corpus Christi by reducing long term storm sewer capital costs,keeping water clean and creating new green and blue connections for the city. 31 DOWNTOWN COOL wr"p4cypAcravMVALPuNft9 CR"TI daa PUV- CONNECTORS ^ET^L(UN-E TM�MCAM Our tour through downtown Corpus Christi 7-75 took us to several attractive destinations . that standout as strong attractors for s+ tourism as well as the local life of the city. — However,they are isolated by a significant acreage of parking. While parking is an a important asset, there is far more supply i-. 1 , " than demand can account for. There is a predominance of car infrastructure and a M + ry lack of people infrastructure;the paucity of `• ;,ti, shade, straight-forward linkages between destinations,and street comfort amenities H9RITA4E PARK FArK LANA LM9 FAIOGWALT{ mApAkmv Femk r.LLtT sn v_-rLw¢b ARICML has impacted the value of assets found in ri..ru w the cultural district and in the historic areas of downtown. Like wildlife, people need In this section a future parking structure is fronted by pedestrian oriented retail along Chaparral and a new parking garage for their own habitat trails and environmental the convention center is wrapped with a wind activated mural,celebrating the city's unique avian assets. conditions to enjoy the city. important. As noted in the Downtown Vistas & Low Points diagram These linkages should focus on revital- previously, Highway 37 lacks a gateway view despite its orientation to izing and maintaining foot traffic between Corpus Christi Bayand the SeaWall.The concept plan proposesthe elevation assets, from the downtown central of 37 to adjacent street grade and the renaming of the downtown entry to business district to the Cultural District Aubrey Nuevo,recalling the historic name of the street.This would also be and Convention Center to the hotels. For complemented with the inclusion of a roundabout circulator,which could example, Heritage Park is a beautiful two accommodate traffic volumes while creating an iconic vista and a sense of (L block treasure of historic homes fronting welcome to the historic downtown. � Chaparral, but it is separated from the convention center and the art museum by j� Action Plan for Now barren, featureless parking lots. As future 1 1 development progresses along the south Develop a walkable rewards strategy,as mentioned in the Climate Based side of Chaparral, the value of creating Design and the Landscape Orientation and Public Art sections the walking an attractive and comfortable pedestrian environment would be improved simply by creating cultural or amenity environment will help create foot traffic destinations every block along potential retail and cultural armatures. m" between area destinations. This strategy Shoreline Boulevard along the Seawall, Chaparral are important North should be comprehensively employed South streets to consider. through a Business District Implementa- tion plan that creates linkages through the development of pedestrian oriented retail, Action Items Phased hardy shade trees, and visual attractors Develop a gateway traffic plan that creates visual thresholds to the city, The incorporation ofcityroundaboutsalong major block by block. roundabouts and improvements to roadway view sheds would increase downtown traffic corridors will maintain a consis- the destination appeal to the downtown. tent traffic Flow,create new gateway opportunities From an arrival perspective, changes to and vistas and create a safer pedestrian environ- the traffic flow of highway 37 will be vitally ment. 32 A comprehensive Business Improvement District (BID) plan with of hot,impervious ground,but with the popularity of baseball games the demand is understandable. responsibilities to create pedestrian friendly and attractive corridors However,during non-game hours and outside of the season,these spaces are often underutilized. and weekly street life programming throughout the year should be As 181 becomes safer to cross(especially with the Broadway Nuevo improvements)these lots could implemented. become the downtown's experimental flex space. It's easy to see how these lots can functions as fair grounds,farmer's markets,and convention center exterior expo space with the right investment in The BID Plan should also develop a plan for incentivizing retail and east-west boulevard improvements and the creation of shady green perimeters along the lot's edges. residential growth a long destination armatures and corridors. These linkages should focus on revitalizing and maintaining foot traffic Moving westward up the bluffs into the Washington Coles neighborhood,there is a vast open green between destination and retail assets. along Nueces street.This former refinery area could become a park for recreational off road biking, which would help meet the unmet demand for active recreation experiences in the bike community NEW LIVES FOR OLD SITES and would also begin to return a measure of activity to a forgotten corner of the city. An environ- mental site assessment evaluating contamination and land use concerns would be required to Our journey through downtown,up into the Washington Coles and determine if the proposed use could be accommodated. Hillcrest neighborhoods and across to the North Shore, uncovered several sites that represent attractive opportunities for enhancing In the Hill Crest neighborhood along Nueces Bay Boulevard,there is a great potential location for a connections and creating new destinations and commercial opportu- contract grow nursery which would provide acclimated trees,shrubs and herbaceous plants for the nities. Several of these sites were previously abandoned and are new Harbor Bridge Project. A contract row operation is a great opportunity for growing the green simply derelict or underutilized. We believe that several of these old g g p g d a y 9 g sites could take on new life through the new Harbor Project through jobs economy,providing opportunity in the Hill Crest neighborhood and meeting an important need new alignments and connections in the traffic pattern,and some are for site improvements along the Harbor Bridge Street Corridors. By establishing a nursery prior to ready for a makeover today with minimal investment. construction,young trees can be purchased and grown to specification size at the nursery and at a cost savings the supply and schedule will be assured. On the North Shore,the dredge spoil site north of the Texas Aquarium will continue to grow from excavation work associated with the New Harbor Bridge Project. We envision new causeway open space trails that could be established to tour bird enthusiasts along this expansive habitat for ground nesting and shore boards. This tour could expand and link the outreach missions of the Audubon Society,the Texas Aquarium and Sea Lab to further enhance the eco-tourism draw of the North Shore. � ,I In the Cultural District,the parking lot fronting the bayside of the R Art Museum could be transformed into a complementary outdoor destination to the Convention Center and Art Museum.The shorefront <. x area could become an all day event with the appropriate investment in open space and the addition of a ferry stop that would shuttle tourists { back and forth between the Aquarium,the Art Museum,the conven- tion center and a signature beach plaza that would front the bay. It is easy to imagine creating a place that would allow kids to let loose their ,rr pent-up energy after touring the museum while also giving adults a place to lounge about.The synergy of creating an outdoor oasis with I' multiple cultural destinations will add to the energy of the cultural I district and create a visible expression of the vitality of the district. ==cc,*r N Grdsu� 2iW+4 Recreational bikers would have an ideal off-track course in this neglected open space along Nueces The parking lot that serves Whataburger field is a tremendous expanse and8urns. 33 i 1 r s rjl Or N1i-U EST WMAJE- tAO-SMY Anew nursery creates jobs and creates vitality and supports the neglected Hill Crest Neighborhood. 34 Action Plan for Now Develop a temporary oasis pop-up garden for the bayfront parking lot and measure foot traffic impact to area institutions and retailers. Action Items Phased Assess target sites for implementation according to proposed use.Prioritize pedestrian oriented improvements along the Bay front and quick-win sites like the Nueces Bay Birding Reserve and the Bike site. Pursue green jobs funding opportunities for the Hill Crest Nursery Project. 35 Connections & Recreation llll PART-TIME CARS,CHEAP LIFTS,AND BIKING FOR JOY These services also create new social HERE COMETHE BICYCLES networks as part of their core brands, Nationally, the millennial generation is leaning away from focusing on building trust between While Lyft, Uber, Hop Corpus, and bar drivers and passengers. The marketing cycles all use the same road infrastruc- car ownership.As they are entering adulthood in a changed of these new economy businesses is ture as an owner-occupied car, modes economy, they are seeking walkable bikeable multimodal mostly viral as users are excited to share including walking, running, and riding their stories of good experiences with a bicycle require more protected cities in which they can navigate with smartphones and the service.For a city trying to share an infrastructure to keep citizens safe image of friendliness and ease of travel, while they travel.These modes are also where they do not have to own or pay for a full-time car. these services are great informal greeters increasingly popular in cities across the and tour guides for cities. country as the millennial generation gets Fast Company's article"Millennials Don't NEW INFORMATION back to the childhood joy and the adult Care About Owning Cars,And Car Makers INFRASTRUCTURE Corpus has homegrown brands like thriftiness of riding a bike. For financial Can't Figure Out Why"tells us:From 2007 Supporting this trend are both govern- Hop Corpus,a local electric cart service health, physical health, and mental to 2011,the number of cars purchased ment infrastructure (sidewalks, buses, downtown and appears to have a bar health, biking is regaining popularity. bypeopleaged 18 to 34,fell almost 30%, trains, bike lanes, signage, etc) and a cycle multi-rider vehicle. The cities As it does, this sometimes-hobby is and according to a study from the AAA new class of app-based services that that are successfully attracting new emerging as a real alternative to driving a o Foundation forTraffic Safety,only 44%of downtown residents are building both car for short trips and it is supporting the teens obtain a driver's license within the enable universal navigation - transit, physical and informational infrastruc- creation of new niche markets and new first year of becomingeligible and just temporary car rentals,and on demand ture to make getting around easy so that business opportunities. Bicycle-friendly y o g � services.New taxi services like Lyft and g g y pp y y half,54/o are licensed before turning 18. Uber, both of which have a presence citizens can focus on their lives, not on companies are finding that bikes are in Corpus Christi, are making it both traffic. helping them retain young possible and cheaper to not own a car. In the 70 largest Traveling by bike The quality of' CORPUS CHRISTI OuterU.S.cities,bicycling encourages more in the northern r increased 63%from frequent stops than Banks region positively i _ 2000-2010 a car.in a study of impacts vacationers' -U.S.CENSUS BUREAU,LEAGUE Toronto merchants, planning:12%report OF AMERICAN BICYCLISTS, patrons arriving byfoot staying three to four 2011-2010 AMERICAN COMMUNITY SURVEY. and bicycle visit the days longer to bicycle; In a 2007 survey of most often and spend 43%report that E ANN it the most money per bicycling is an important Jam young professionals, month.-The Clean Air factor in their decision 92%said they prefer Partnership,2009 to come to the area;53% Welcome. to work for a �r Downtown -BIKE LANES,ON-STREET report that bicycling will ` Corpus Christi! that is environmentally PARKING,AND BUSINESS strongly influence their P ,b."9,.Cc pwk friendly.Business Wire, decision to return to the =moi 2007 area in the future Lyft is a modern taxi service that Uber is another modern taxi service FORCES WITH ECOAMERICA TO LAUNCH GREENCAREERS BY DIVISION OF BICYCLE AND connects riders and drivers through that works through mobile phones.Hop MONSTERTRAK PEDESTRIAN TRANSPORTATION, a social network and processes their Corpus is a local electric cart company 2004 payments all with mobile phones. that offers rides around downtown. 37 i I t r, t i N ` � u " . stil- X �w sir •iiN, S.E.A.DISTRICT STREET B SIDEWALK IMPROVEMENTS z i P.-I Scan of rve Slfe Plan N Proposed bicycle lanes for the SEA District will be most successful ifknit Cities with significant bike infrastructure can support ridership by into a wider fabric of routes.Connectivity to the shoreline,Mesquite Street providing data to Google for bike directions. and Port Avenue will make for the most pleasant riding route and the least amount of conflict with cars and pedestrians. 38 i The existing bike&multimodal culture is supported by events like Conquer the Coast infrastructure like the Shoreline path,and FT ! initiatives like the signage about sharing lanes.Building on these investments will help make the _ city easier to navigate without a E - car and more desireable for new Mie residents downtown. 39 ANWVAL BIKE EVENT 1141 (S l l :(,-S X POA r (pa tonT St R 'T f 561 c��cr+Bl-ip�carry-r I C.C. T Lolt5T POAX � d Sampling ofrecent bicycling events in Corpus Christi 40 w f _ i A�''•xfa/ � �st 2S Y �._ %4s d p -- � 1alabu ' Y : r g x - i- Z - Sampling ofrecent bicycling events in Corpus Christi 41 1D4 (j f+t'6�sra� *,CF5 XV FOA 7LO10 .5E 00 r4, rS 7Vj puF i0K 7LfJ e �R00 Fog &= V pNSL15 PATRUQ'AAt1' 4 iWftT f RT- �tvrc � ' T ITNi451C � ' �6 N 5K K lox OBER Kip Cpt,kR 5 ro 13AY 5 I�AR+�TFf M�91. BF-AeH TO SAY 1AARAVON i 3: y,36 Mr. > w F09T AS AN56 (J L CRAB TRIOMPP MR KID CANCER n ra�f� IsuirJp 1 MAYN15 FITNVSS RON +c LET IT SNOW -1f67 1; — - 6TOR Pal* 1� PATRIOT MARATPPN � L,74 {: 3.41 ria. RUN FOR aL.ODD I RON OR DYE Vly .VARPTMON ZOMBIL WALX- { 14ARWR 14ELP MARTOON maw e�E 801 a To 6ww Sampling of recent walking/running events in Corpus Christi 42 I y4 MAS RAT r4 'Ar .q 44 Pe �EL �. 5 �,WtA'F JN oe tr 5K 4 — tii _ s RON 09 DYE 5K xoMB� WALK 3 ' "ALK l p �r�ar R[JN 5K Sampling ofrecent walking/running events in Corpus Christi 43 15 a 114 M- r,� BIKES T 'T f�4u� ti« t5� aJ�r' [,1rt1G nne L u -r,.crA © G-€7 ' f' Vel0CA �� �rn�lec�e�l"I�ncs 4o J � 2 -r �PlpYt t�A � � •P"+ en n �d tea ` -kOP f +,u lip f c � `� }rs t9n�vtr sr �� ... , The Where Bikes Want to Be map was generated by local cyclists aggregating current and desired routes for complete trips. 44 professionals and bike-accessible businesses report higher spending by customers who arrive on two wheels. Bikes are not just a hobby anymore.They are supporting vital local businesses , again. f The current bicycle culture and infrastructure in Corpus Christi are both `�f nascent comparatively speaking.While '41f . 4 there is a major national trend ingrowth of bicycle use,especially among millen- a nials, the CC bike culture is currently local and small.Dedicated riders gather and ride as a pack for safety along the shoreline and along frontage roads for distance.They have 3 rides each week : for serious riders to log miles and to have fun. J While most current riders are pioneers riding without significant infrastruc- Cruiser culture is natural in beach Themed bike rides begin with a route,a costume idea,and a time.Inviting the public ture, we anticipate growth in cycling communities. into the bike culture will help expand riding beyond the current group of core riders. that is consistent with other beachfront expert and beginning cyclists.The bike a Cowboa Ride,and a Surf the Cit ride cities. There are two distinct types of GOING FORWARD p 9 9 Y Y Y riders we anticipate in the next phase of We propose a highly-collaborative community is very well organized and in which everyone wears surf-themed ridership are those who ride for exercise working method for future street regularly produces well-attended events clothes while riding on the Shoreline. among its members.Cyclists will be able These rides can start small with themed & commuting and those who ride for engineering downtown and along the leisure (visitors and future downtown coasts.The budget for FY 2015 includes to work with downtown organizations clothing and build up to customized residents). over $1.8 million for pedestrian and to roll out tests of future infrastruc- bikes,bike floats,trailers and other fun ture projects and wayfinding systems elements that make them into bike bicycle facilities.This significant budget that make sense with their modes of parades. In the Corpus Christi MPO Bicycle and is a real opportunity to change connec- travel. Pedestrians and cyclists travel Pedestrian Plan, we do not yet have tivity and mobility in Corpus Christi. at different speeds and have different We also recommend that the bicycle bicycle count numbers or crash numbers needs in the landscape.They will best community and public officials alike for the local market. Planning for We recommend slowing the building be able to advise on the signage they consider beach cruiser culture as an unknown demographics is a challenge process to include data collection would like to see. appropriate and accessible style of when highwayand street traffic informa- and deep community engagement to cycling for the beachfront city. Cruiser tion for cars is readily available.In order maximize the ROI of this city investment. culture is strong elsewhere and becomes to best plan for multimodal infrastruc- IN THE NEXT MONTH a huge driver of business because the ture,more comprehensive data will be Integrating transportation experts We recommend the bike community bikes move slowly and are geared for needed to set the city up for the best with parks experts and the bike/ped/ begin to host more public rides with short casual rides around town, often return on its investments. running advocacy community organi- easy routes downtown and themes out to eat or for crawls. zations will support the best possible that celebrate what makes Corpus path-making and wayfinding for unique.Perhaps a Birding on Bikes ride, The DMD/SEA could hold morning 45 i` do manual counts,others set up heavy access for riders to the wetland natural duty traffic counters in bike lanes,still area and the longer roads to the west of others do small scale tests with afford- the Port. able DIY-style kits like the WayCount by TomorrowLab which can be set to measure cars or bikes and sells for$199 INTHE NEXTYEAR:Celebrate the Water Every (http://waycount.com/buy). Week with Ciclovia We recommend thatdowntown organiza- We recommend coordinating with the tions partner with one another,the health cycling community on the design and industry,the bike community,and local finish qualities of the new bike path at vendors to close down 4miles ofShoreline the Port. Riders currently travel from every week for a Sunday Ciclovia. The North Beach toward the new path safe zone temporarily created for the k on the edge of the surface roads that non pioneer bike riders will invite further carry oil trucks.Riders do not relish the participation and support for the next proximity to the trucks anymore than phases of bike infrastructure develop- the truck drivers do.Perhaps there is a ment. Celebrating the most successful way to safely move bicycle traffic out bike space you have right now will invite 1� of the way of trucks while maintaining future success and good community ITERATIVE DESIGN Street stencil COUNTING BIKE TRAFFIC The WayCount workshops with local cyclists,designers, is a low-cost car and bicycle traffic and artists are an affordable and counter that maps its findings in a fir.. ;• temporary early test of potential newstreamlined way.It's accessibility makesar p{; . bike lanes and shared routes.They can it ideal for collaborations between be made and installed in a four hour city employees and community traffic afternoon workshop. enthusiasts. d counter at a key location to measure , workshops in which cyclists and walkers bike traffic for the weekend.Collabora- . from the community meet in their tors can also look at WalkScore.com data current stomping grounds to install to review the baselines for pedestrian 'la Walk Your City and temporary bike experience design work ahead. ++ 1 signage installations.By sketching with community leaders and engineers on We recommend initiating regular • the street, users will be able to learn monthly streetsweeping of major about the limitations of infrastruc- bicycle corridors as identified by the ture while also articulating their needs local cycling community. Cyclovia Tucson is a localized ciclovia,or cycling event for which the road is closed to directly with the people best equipped all motorized traffic.Event planners run Kickstarter campaigns to raise the money to to implement the long-term solutions. We recommend strategy and planning close streets and host the 5 mile closure.These events have become regular dates in for serious ongoing counting of major cities-sometimes quarterly,sometimes every week-they give a safe wide space In a second Saturday workshop,collab- pedestrians and cyclists. Many for riders and pedestrians to exercise and experience their city.The ciclovia(pron. orators could set up one $199 traffic communities work with advocates to see-k-o-lo-vee-ah)isatemporary change of traffic pattern totestcitizen interest before any infrastructure is actually changed to accommodate cycling traffic. 46 storytelling.Supporting area businesses We recommend the integration of bike and a lineup of food trucks is another building and repair into a Maker Space positive business outcome of this downtown.Building and repairing bikes . immediate win. makes for good community building `'' activity and often helps foster the kind + The Project for Public Spaces:"As spring of creative connections that lead to the comes to north American cities,so will creation of new small businesses. a series of Ciclovia events that will not only get communities active and using We recommend the reactivation of the the largest public spaces in their cities train depot into a bike station and major - their streets - but will also capture meeting place for rides. their imagination by giving them a new perspective to experience their We recommend tying existing greens- city.... But Ciclovia events can also be pace and frontage road straightaways powerful transportation planning tools into major bicycle corridors to maximize to facilitate discussion around bike-ped current investments and build on issues,catalyze demonstration projects existing travel patterns. The new for context sensitive streets,and lay the greenways can be punctuated with groundwork for long-term multi-modal stopping areas under highway bridges investments that can improve mobility made noteworthy with public art (like and turn streets into quality public the park area between Agnes and spaces" http://www.pps.org/blog/ Laredo Streets at the 286). usi ng-ciclovia-to-plan-you r-streets/ We recommend becoming masters IN TEN YEARS:We Don't Know Exactly Where of your own movement data. By We Are Going Yet,But It Doesn't Mean We Are integrating local data collection into Not Going the research and planning process,the Working with the growing and changing city will best be able to manage both its downtown resident groups and infrastructure portfolio and its national greater Corpus Christi user groups,we reputation. National organizations like recommend knitting together a resilient WalkScore will continue to update their fabric of streets and paths to allow databases with the best data available. many different paths from one location By sending up-to-date data to these to another safely, while experiencing lifestyle services,the city can reduce the nature,and while seeing your public art work that needs to be done to convince Buffalo Bayou Hiking and Biking investments. out-of-town professionals to relocate to Trails in Fort Worth connect bicycle Corpus Christi. and walking pathways with existing We recommend the introduction of infrastructure adjacent to roads. the Velocity Park and other multimodal The city will also be better able to amenities will encourage and enable invest limited resources where the the demand for downtown car parking exercise downtown, helping to create traffic demand for cycling is already while encouraging social and financial the quality of life that will attract established. o collecting new data and investment in downtown communities. downtown residents. responding to it,the city will be able to better serve citizen needs, cultivate a safe environmentfor cycling,and reduce 47 i - %ft(Economic ,Development ''mak - •, - k w� v� i ECONOMIC DEVELOPMENT OPPORTUNITIES Construction of the projects is expected to occur one to two years before operations.The greatest As mentioned in the Introduction section, the Corpus Christi economy addition of employment will occur during the construction period with a more tempered addition has performed well in recent years. Significant employment and in result of permanent employees. population projections The transportation and urban design changes Major Industrial Development Praiids,2014-2018 recommended with the Harbor Bridget Realignment open up new opportuInvestment - nities to leverage growth in the region to attract new residential,retail,and D entertainment development,as well as visitors,to the study area. Tianjin Pape Company/TPCO Ame 1,300 Steel Pipe 2014 OxyrChem 74 Propane Distribution 2415 Lyondell8sasel 404 Ethylene Plant 2415 Economic Trends Voestalpine 700 steel 2016 The five key industry clusters in the Coastal Bend Workforce Development 0XVchem 1.400 Ethylene Plant 2016 Area(WDA)region,which includes Nueces County,are oil and gas,construc- M&G Group 751 PET Plant 2016 tion, industrial manufacturing, health care, and hospitality. In Nueces CCI 400 Condensate Splitter 2415 County,the top industries are Health Care and Social Assistance (17.2%), Cheniere 12,000 LNG Plant 2017 government(16.9%),accommodations and food services(11.8%)retail trade (10.7%)and Construction(9.0%). Oil exploration and production activities Jobs by 2018 in the Eagle Ford Shale have been a driving economic growth in the Corpus Construction lobs(Person Year-lobs) 5,481 Christi area in the last few years. Growth in the Eagle Ford Shale is expected Permanent lobs 1,$80 to increase Port traffic significantly and is driving railroad improvements and public barge and dock facility improvements to meet growing rail traffic at Note;A person year job represents a job For one person for a year,i.e.if one person holds a job Port cargo terminals. for two years,this equates to two person-year jobs. Source:Industry Cluster Analysis for the Coastal Bend Workforce Development Authority In addition to activities at the Eagle Ford Shale the Corpus Christi economy is expected to get a boost from several planned and proposed investments. There is over$17 billion in planned and proposed projects in the area. Projected Employment Employment Growth by Industry.2408-13. All new proposed projects may not be developed,but an industry cluster analysis,prepared by Professor Jim Lee of the EDA University Center at Texas A&M University-Corpus Christi,antici- pates that there will be approximately 50,000 new jobs between 2013 and 2023 in the greater arses�.( wgweEa ' I Coastal Bend WDA. Nueces Count makes u approximately 70 percent of the Coastal Bend Auun��u►lu�6Pwu 5e� i,. Y P PP Y kb 6Rwmi>" WDA and based on its share of employment,there would be an estimated 36,000 new jobs in County ount n the next 0 Eikrn6aatl 5rr�rss tr��ra� Y ih1ears.Y ,1�misva�rt�ntw� 0M10�d laoirnorab tucnrc sq 11 1 111` Higher energy Prices have made the exploration of Eagle Ford Shale highly Profitable,but there tc�t5aletl are concerns about the impacts to the Corpus Christi economy if energy prices should drop or if Fna�dln the promised investments dry up. These are valid concerns,but are even more the reason why Tr&-4wa"&rimmi" efforts should be made to strengthen the quality of life as well as economic infrastructure of ReW To Kfnksak:Tr Corpus Christi. As reported by the US Travel Association,half of corporate executives classified quality of life factors,such as cultural and recreational opportunities,as either"very important'or C1N*u&w! "importantto their site selection decisions(Source:"27th Annual Survey of Corporate Executives" a Area Development Magazine QI/Winter 2013)and"young professional in particular,heavilyfavor locations offering diverse activities—such as outdoor recreation,arts and cultural attractions- .crx Im tea, ou ief4 3a-.; 2M; 4C� s04 ee when deciding where to start their careers"(Source:"Top Site Selection Factors:Quality of Life Still Matters"Area Development Online,November 2011). More amenities,improved walkability Nueces County Employment Growth.Source:lndustry ClusterAnalysis forthe and quality entertainment options will help to both attract and keep new residents. Coastal Bend Workforce Development Area 49 Projected South Coast Bend Employment Corpus Christi and Neuces County Historical sakah€o ltmem WDA Population Growth 2013-2021.S0,000hew Jobs #50,404 ryeuoes touray Est. 3(),()00, �� 2013-2[723!3S,400New Jots 300,040 250.000 20,000 244.444 10,000 A54,440 1 0 WPM 0 MOW 1940-2044 2404-2014 2010-241,3 ■City of Corpus Christi ■Neuces County, TX 3097 24Y3 Source:Industry Cluster Analysis for the Coastal Bend Workforce Development Historical Projections Chart-Source:US Census Authority Population Trends In line with economic trends, population has also grown tremendously in Neuces County Projected Population Corpus Christi and has the rate ofgrowth,particularly in recent years. Between Base Projections and Projections Based on Historical 2000 and 2010 the city of Corpus Christi grew by almost 28,000 residents,an 701 -zm Growth annual growth rate of 0.96%. In the three years between 2010 and 2013,the city's annual growth rate was almost 40 percent higher. 50,000 4U,93S Most of this growth has been captured in Corpus Christi's South Side. Between 40,000 2000 and 2010 reported households in the studyarea—the historical downtown, SEA District and North Beach,grew from 622 to 925. 30,00D 20,000 Projections The State of Texas estimates population growth of approximately 30,000 10.00U between 2010 and 2020,but based on the annual growth rate between 2010 and 2013,the population growth between 2010 and 2030 is projected at almost 0 40,000 in Nueces County. By 2030,base line projections estimate a total of 1010 1020 2Q [sU3p 58,000 new residents in Nueces County. 0fsageP7cJjFr:EKlnti ■PrujPe_lions klasedrenilistclra:al2[}10-?C13frpwth Projected Nueces Population Projections-Source:Texas State Data Center 50 WHAT CAN THIS MEAN FOR CORPUS CHRISTI? DOWNTOWN downtown in the last decade,the trend towards multifamily urban dwelling is growing RENAISSANCE(A MOVE BACK TO THE DOWNTOWN) throughout Texas. Corpus Christi should be taking advantage of the current regional economics and Texas Association of Realtor report double-digit growth in condominium(condo) projected 20-year growth of 58,000 new residents to funnel public investment and and townhome sales among Texas's four major markets in the first six months new development in the Downtown and SEA District areas. of 2014. According to Dan Hatfield, Chairman of the Texas Association of "The thriving economic growth in Across the country,there has been a movement back to downtown districts. Cities, Realtors,"The thriving economic growth such as Los Angeles and Durham,NC,had downtowns that lost population for decades, ' ' ' in Texas's major metro areas has led to Texas's major where employees drove-in during the dayandinthe evenings,leftempty,dark streets •' ' •' a revitalization and redevelopment of revitalization and ment of where the homeless made up the largest population. However,for a myriad reasons, '' providing needs our urban centers,providing new needs our including commuting costs (both financial and social), changing demographics, and "'• condo •' •• and opportunities for condo develop- ment � Hatfield, homes affordability,and a desire for walkable urbanism,a growing number of people menta' Mr. Hatfield further explains are interested in homes in urban environments and are willing to consider a wider ' ' Realtors that condos offer greater affordability range of residential typologies. than other housing types on the market Table 1.Change in Population and lobs' 2000-2010 which is attractive to many residents. According to Jim Gaines,Ph.D.,economist with The Real Estate Center at Texas A&M University,developers are looking specifically for opportunities to build and invest in multi-family development in urban centers and Percent Change(2000-24101 some suburban centers. Job Node* Population Jabs downtown Los Angeles 71-9% 45 9Yd The ball has started rolling on new residen- tial projects in Downtown. There is very Downtown Chicago 95,6% 10.5% limited existing residential development in the historic downtown and SEA District, but Downtown Dallas 94.8% 5.1% there are two projects planned and underway in downtown with 330 units(Bay Vista Phase II Downtown San Diego 65.6% 1.7% and the Cosmopolitan)and a second 165-unit apartment complex under construction, Downtown Sari Antonio 19% -0-8% further south on the bayfront. Bay Vista was a successfully developed new apartment •+abNode gvo&raRhiesamderr,edusing Censusrraru. building and BBL Builders, a developer from Sourter Levy,Raul R.and Lauren M.Gilehriat.Downtcvm Rebirth:Dat�rrwming Lh u Live Work Dallas,is currently working on a second phase. i:nsmnifrslitnn Dynamic in 21st Century U.S-[ides. The City should continue to support new Source:Levy,Paul R.and Lauren M.Gilchrist.Downtown Rebirth:Documenting the development in the historical downtown Live-Work Dynamic in 21st Century U.S.Cities as well as in the SEA District. Sites in Between 2000 and 2010, many the SEA District currently offers desirable Why are people . .. bayfront views and a number of cultural and Walkdowntowns saw double-digit entertainment activities. Public infrastruc- .. population growth in and �Bay Vista dPnaseIli around their city centers, with ture improvements that are addressed withAmenities-Cultural,shopping Aayvis,a Chicago and Dallas almost the Harbor Bridge Realignment project Urban connectedness) will provide improved walkability and Authenticity doubling population in its additional shopping amenities,and a truly downtown core. While major urban environment,making the area more Source: Googlemaps and Develop- growth was only seen in Dallas' attractive for residential users. ment Websites 51 THE SEA DISTRICT AND DOWNTOWN RISE TOGETHER Money Left on the Table Corpus Christi hasseveral extremely successful local and regional destinations concen- While the historical downtown, SEA District, and North Beach have a number of trated within the SEA District,the historical downtown,and North Beach. The SEA successful sports,entertainment,and arts destinations,there are limited shopping District has an estimated 1.7 million visitors to over 13 venues featuring live music, and restaurant amenities in the area,particularly in the SEA District. a water park,professional sports,and museums. With more than 560,000 annual visitors the Texas State Aquarium is the 25th top visited attraction in the state of Texas The lack of easily accessible retail and food With an improved district,the and the USS Lexington is the 36th top visited attraction in the State. establishments constrains the ability of local believes and regional visitors to spend their dollars in the potential capture Despite the individual success of these attractions,the area does not yet function as Corpus Christi. Based on existing Corpus Christi meal from each visitor. Instead a comprehensive regional destination. Existing physical barriers,such as the Harbor tourism attendance and visitor spending data, of dinner and , movie,the SEA Bridge, and limited wayfinding make it difficult to move between destinations. we benchmarked potential visitor and local District could market 'How Visitors need to get back into their car to drive from attraction parking lot to parking spending that is available to be captured within about .. lot and it is difficult to understand what other entertainment options are within the the historical downtown,SEA District,and North .• District. Existing transit infrastructure creates and reinforces the disconnect between Beach,if there were additional amenities. the historical Downtown and the SEA District and bifurcates the area with the Harbor Bridge. Employees.Within the historical downtown,SEA District,and North Beach areas there is approximately 20,000 employees. Workers often make a certain level of By removing the physical transit barriers and implementing improved wayfinding spending near their workplaces.Using adjusted national worker annual spending and signage throughout the district as well implementing additional proposed urban estimates,we estimate that employees can support approximately almost 80,000 design elements to better connect the historical downtown,SEA District,and North square feet of restaurant and food store shopping and another 60,000 square feet Beach,Corpus Christi has an opportunity to build a world-class destination. of retail. • Regional Visitors.Professor Lee of the EDA Center at Texas A&M estimated that of the 7.4 million visitors to Corpus Christi,820,000 were visitors to the Downtown Work Together:ATide of New Visitors Lifts All Boats who spent a total of$127 million in the Corpus Christi area (Economic Pulse, We would like to stress the importance of different venues and,even,organizations 3Q2014). Assuming that little to none of regional visitors shopping or food store working together to help market and support the area. Recognizing the importance expenditures are made in the study area(due to the lack of these retailers),we of coordination,the SEA District was recently formed earlier this year and is beginning estimate based on average visitor spending on these items that there is 85,000 to establish marketing efforts for the area. This is very important for the coordina- square feet of these uses that could be supported by regional visitors within the tion of specific sports,entertainment,and art venues within the area,but marketing district. efforts and coordination should also be extended for SEA District venues to work with Local Visitors.Local visitors also support retail and entertainment uses within the North Beach attractions as well as the historical downtown. SEA District. Based on SEA District estimates of visitation and estimates of regional visitors to the area,we estimate local visitors at approximately 820,000 in the SEA Additional new residents in the downtown can help to support restaurants and District. The average visitor to Corpus Christi spends a little over$100 a day on all retail in the SEA District. expenditures,but based on SEA District estimates of revenue compared to tourist Future shopping available in the SEA District can provide a stronger variety of retail spending estimates,local visitor are spending an estimated$16 per trip,including and entertainment amenities to attract new residents in the downtown. attraction ticket prices and other spending. With better transit/ferry connections,more Texas State Aquarium visitors can visit the Museum of Science and History or the Art Museum of South Texas. Current Retail Potential North Beach visitors can take a day to visit Hurricane Alley Waterpark. Based on estimates of current sales in the study area and the estimated retail potential there is almost 200,000 square feet of retail potential that could be captured within Creating better connections between attractions will help to"build"the critical mass the historical downtown,SEA District and North Beach today if there were additional of entertainment options necessary to attract a significantly larger amount of visitors. quality retailers. 52 Create a Retail,Dining,Entertainment(RDE)Corridor to Better Connect SEA Destinations We recommend encouraging the development of a new RDE corridor to help weave Estimatedtogether the individual attractions in the SEA District. A corridor of festive retail linking the museums and the waterpark,Whataburger Field,and Brewster Street Ice Potentia ' House will provide needed additional retailers while also providing an interesting path through the district. Festive RDE Concept: Should include restaurants and bars that are open later into the evening to extend the night activities of Brewster,Whataburger Field,and the upcoming Alamo Draft House Cinema eastward. Positioning: National entertainment retail options such as House of Blues,Dave and Busters Limited number of popular regional restaurant/bars from Austin or San Antonio (Many of your regional visitors are coming from these areas. It may be helpful to have a few well-loved regional chains,but your strength should be local Corpus Christi chains) Local restaurants that are not currently located near the Downtown (Some examples may include:Snoopy's 11,Ropers,Dlounge,Staples(Sushi),Izzy's,Silvera- do's Smokehouse,Cotton's,B&J's Pizzeria) Residential/Retail:As residential population grows and a potential hotel is added, retail may also include more convenience/general merchandise. Additional Attractions We believe making better physical and marketing connections between existing Mid to Long Term Growth Potential attractions is a true priority. The SEA District is still evolving;Whataburger Field opened in 2005;Brewster Street Ice House opened in 2006,Hurricane Alley Waterpark opened in 2011;and the Alamo Draft House Cinema is opening this year. Additional Looking 10 years out, we estimated retail potential and entertainment spending attractions will help to support growth throughout the downtown area and the City potential based from new local and regional visitors. Texas tourism data reflects a 4 should continue to encourage cultural uses and entertainment uses to locate in the percent historical growth rate for Corpus Christi MSA tourists,trending that forward SEA District area. and assuming a 20 percent growth due to the improved coordination and physical connections,we estimate that local residents and visitors will support an additional Convention Center and Hotel Expansion 250,000 square feet of retail and$38 million in entertainment revenues in the next 10 years. Currently the closest hotel to the convention center is just under a half mile away but is located on the other side of the 1-37. Quality hotel rooms closer to the conven- In the long term,new residents are likely to provide additional retail spending within tion center are needed within close proximity to a convention center. It should be the area and additional attractions will generate even greater additional entertain- noted that Corpus Christi is currently studying the potential for a convention center ment revenue beyond what is quantified. expansion and hotel study. The study,when available,should provide direction 53 for the need and scale of a new convention center expansion. For purposes of this support the expansion of the convention center. project,we have assumed that there is a new hotel and need for a convention center City Property Tax Abatement-The City has an existing property tax abatement expansion. A new hotel will add new vitality and will provide further support to retail project in Downtown and may want to reconsider how it functions with the developments proposed within the SEA District. proposed recommendations in this project. FUNDING TOOL BOX City Hotel Tax Abatement- Particularly for the costs of the convention center expansion and the public parking structure they City may want to consider raising While there is a great opportunity with the Harbor Bridge Realignment,there are also funds for the parking structure through a hotel tax abatement. This should be a number of elements may need to be funded for the successful implementation of studied on a case by case basis to understand the full value of abatement across a the project.These include: 10,20 or 30 year period. Transit Infrastructure Bridge Realignment Project Federal Funding.There are a number of federal funding sources that can be pursued to support this project. Many of these sources can take several years to obtain,but 1-37 Reconfiguration Corpus Christi has the advantage that the bridge realignment is a few years out. Street reconfiguration Federal Transportation Funds-The region is capturing more than$560 million in Federal transportation funds specifically for the bridge realignment,but the City Streetscape,signage and art and county should pursue other funding programs for pedestrian and streetscape Convention Center expansion and parking structure improvements,as well as bicycle route funding CDBG. Community Block Group Funding can be used for a variety of purposes. Brownfields Grants. Brownfields grants can be used to support the cleanup and Numerous funding sources will have to be layered to implement the overall Harbor development of brownfield areas. Bridge Realignment project.These should be further explored during the General Federal Affordable Housing Funds. There are number of affordable housing Comprehensive Plan.The following section provides a high-level outline of potential sources that can be used to support the mixed-income residential projects that resources. are anticipated in the Washington-Cole District and in the SEA District,including: Potential funding tools include: Choice Neighborhood Tax Increment Financing.Given the major improvements in the area expected after Low Income Housing Tax Credits the realignment of the Harbor Bridge and implementation of study recommenda- -Senior Housing tions,tax increment financing would be the best tool to capture the additional value created in the study area. However,there is a current TIF zone,that expires in 2028, New Markets Tax Credits s New Markets Tax Credits support commercial projects over much of the historical downtown and SEA District area. The City should further explore options with adjusting the boundaries and function of this TIF. in low-income areas.These funds were critical in the revitalization of the Durham, North Carolina,and can also be accessed to support particular projects in Corpus Local Resources.The City does not have capacityto raise local sales and tax rates,but Christi. has some abatement options. State transportation,bicycle,and art funding should also be explored. Shared Parking. Shared parking within the proposed convention center district Sales Tax -The City of Corpus Christi is already charging the maximum Texas sales may be a huge benefit to residential developers. Structured parking can cost up to tax levy of 8.25 percent with 6.25 percent going to the State. $15,000 to$20,000 per space and shared parking with other uses can limit these costs Hotel Tax-The City may consider bonding and using a portion of hotel taxes to substantially. Savings of$3 to$4 million can be reduced to make a project feasible • 54 that otherwise was not or can be either be reinvested into public infrastructure into a project. Public-Private Development.One of the major advantages Corpus Christi has is that a large chunk of the land within the SEA District,adjacent to the Convention Center,is owned by the City. Through an RFP/RFQ process this may enable the City to acquire significant public benefits from a new hotel or other commercial developer. Public benefits may include development or contributions to a parking structure,streetscape improvement,or other public infrastructure costs. EB-5 Funding. Is a program through the IRS in which foreign investors can make contributions into commercial projects in the US that support a certain number of jobs. This resource has been used increasingly to provide support to a variety of different projects. Capturing Regional Resources. A significant amount of investment is being made within the region; an estimated $17 billion is planned and proposed in different industrial projects in the region.The total cost of the bridge replacement,at approxi- mately$800 million,represents less than 5%of this investment.The City and Nueces County will bear any costs of these projects in terms of stress on public infrastructure and traffic and should also consider opportunities to obtain community benefits. 55 ECONOMIC CASE STUDY:DURHAM,NORTH CAROLINA Phase 1($94 million investment)opened in 2004 with 500,000 square feet of Class Durham North Carolina's downtown suffered from several decades of population loss A space with a few restaurants and a large public space. Phase II($168 million and disinvestment,but has recently been transformed into a downtown with destina- investment)opened in 2006 with 380 residential units and a total of 40,000 square tion dining and entertainment and is known as a small business incubator specializing feet of retail. in high tech and bio tech innovation. Since opening in 2004,the project has won national awards for Best Mixed Use Development, Best Renovated Commercial Project, and Best Redevelopment Project. Downtown Disinvestment Similar to Corpus Christi, Durham's middle class left the Durham downtown and, Results according to the Self-Help Fund,a Community Development Fund Institution(CDFI) Before the redevelopment of the American Tobacco Complex there were piecemeal who partnered in the project, Durham's downtown was peppered with vacant successful redevelopment projects in Durham,but it took the public-private partner- buildings before the turnaround and nearly all downtown censustracts had a poverty ship and investment in the major public projects such as the parking lot and the rate over 30%,a median family income less than 60%of the area median income baseball field for Downtown Durham to revitalize in full. and,even more challenging than Corpus Christi,an unemployment rate more than - • twice the national level.(Self Help."New Markets Tax Credit Impacts:A Case Study in Durham,North Carolina':) The regional economy was based on tobacco and the downtown grew up around r the tobacco industrial mills.The downtown waned with suburbanization,but was hit hardest when the American Tobacco Company Complex shut their doors in 1987 and left a 14-acre"industrial wasteland"in downtown Durham. Source:www.rupps istrict Source:www. u etower.wor press.com The Turnaround There were several redevelopment Over 1 million SF of mixed-use space incorporates restaurants,residences,and projects in Downtown Durham in the Capitol Broadcasting, Developers of class A offices all situated adjacent to the Durham Bulls Triple A baseball park in 1980's and 1990's.This included an Omni the New American Tobacco Complex, the"American Tobacco Historic District" Hotel and Civic Center (in 1989) and a proposing According to the CDFI Self Help Fund,approximately one significant development minor league stadium,the Durham Bull todouble the amountof Class A office project completed each year between 1987 and 2003 in Downtown Durham.In Athletic Park(1995). None were individ space in Downtown Durham.We were the five years following the opening of Phase I(2005-2009),16 major projects were ually able to lift the downtown out of just laughed at by the conventional ., completed. its dulldrum, but with the substantialmarket' ••• • Average property sales prices increased by 115%from the period between 2002 to investment in the mixed-use American •• 2004 and 2005 to 2007.(Self Help."New Markets Tax Credit Impacts:A Case Study Tobacco complex, located adjacent to Study • • in Durham,North Carolina':) the Durham Athletic Park,there was an identifiable turning point: Other cultural institutions have been added to the district,including the Durham Performing Arts Center which opened in December 2008. In 2002,the City and County of Durham believed that the renovation of the The project has spurred other major projects such as Golden Belt,a former textile American Tobacco Complex would revitalize downtown.Made a major$42 million mill,that was transformed into a seven-acre urban arts center with lofts,galleries, public investment to support a parking structure. a live music space,and restaurants. American Tobacco Complex Developer received a $40 million permanent New There are 11 residential projects currently planned and proposed in Downtown Markets Tax Credit Loan that supported Phase I of the project and received Durham. Most projects are mixed use retail and residential.Where reported,each additional New Markets Tax Credit Loans for Phase II. project averages 120 units per building and total more than$530 million. 56 _ � � HKrancnl r]urham I Canucntion center f Ath1etic Rark Amman[ahacrn Co-mplex coW�r.1forM fnr09[rt +}� PCrf[�rmlRg Arts llurhArre At9alPtir. � # ' ark i�nlden Ii4w[ • reui ,._ t Na�r�rlyae Source:Southern Mill Ongoing Reinvestment. Increased downtown revenues have been used to support additional projects in the Downtown. Durham continues to encourage its downtown to evolve. Lessons for Corpus Christi The study area has similar assets to those located in Durham before its renaissance, a MLB Park,an convention center. The elements are here,but they need the major public investment to bring the SEA and downtown district together. Adding a mix of uses provides more synergy than a specialized district alone. Public investment in shared parking can help to move the district forward. 57 Design & Wayfinding +l. t„ WAYFINDING IN OUR HANDS When a digital native user navigates a (fonts) on pre-1960s buildings and the new place, the clear visible elements handpainted signs on more modern In 2014, citizens in the biggest cities and the most rural of that place that connect back to structures is particularly inspirational. the first impressions on the phone or Much of the handpainted signage in areas alike have access to well-designed digital experiences computer make a huge impression. Corpus Christi now bears a relationship through our phones and computers. We also have access Connecting the on-the-street experi- to signmaking in Mexico.It has flourishes, ence to digital marketing and mapping detail,and color that draw the eye from to tools designed to facilitate well-designed real life experi- can help businesses solidify their brands, a distance. Local barbecue joints have make clear their appeal to customers, done well to brand their locations in ences.A person with a smartphone in Corpus Christi now has and speed the process of connecting large hand-painted signs that evoke access to the same exquisite mobile phone experience that with customers. The more confusing Southern roots and local businesses in the experience becomes,the less likely the North Beach area have developed a a person in a design mecca has.The gestures and ease with anyone is to feel comfortable,to settle in, distinct and notable beach style.We did to stay awhile(in which case most people see one very high-end designed signage which our increasingly digital population moves requires a spend money). system downtown that was installed with new kind of wayfinding and texture on the ground in real life the same painting method. to direct our energies,our attention,and our dollars. UPLOADING LOCAL DATA TO THE CLOUDGreat local signs were found at these The phone as navigation does not sample locations,though there are many require new apps or complex interfaces. more: By sending local data to Google and other large services,cities can plug into Railroad Seafood Station Brewing the information system that drives most Company,Los Regios Restaurant, mobile wayfinding. Information from Braslau's,and Hoegemeyers B-B-Q. business locations and information, traffic data,bus routes,bike routes,and Handpainted signage in these styles and other transit information all help make others is relatively inexpensive to install, a more rich and nuanced experience for * visitors to your city.In turn,city partners has great impact for the business and " for the community, but does require can embed Google maps back into their own home pages for more focused expertise in the design and painting. dingpointedtotheirbusinesses.In Artists and designers in the local wayfin t' community will best be able to install the process,the business can outsource future signs in this manner. Helping 4'_,.• some of the How to Get Here work to a these creatives work together through service with which many mobile users a program similar to CoSign could have " '�' •, 1 are already knowledgable. a huge impact on a short timeline with a limited budget. The coordination of ' creatives and businesses will require You Have Now Rock the Best of the Culture some effort, but will result in a visible Yimpact in the community that reflects Google maps,Yahoo Maps,Bing and Many city visitors use apps like As city leaders embark on wayfindi ng a nd the authentic local culture. others are built into smartphones Urbanspoon,Yelp,and others to find signage improvements, we encourage and are commonly used in modern local businesses while travelling.They the review of existing authentic visual navigation may be reached this way more easily language embedded in the community. than by traditionally maps&signs. In particular, the historic typography 59 10 111 11 1 10S RE STAU , Fi D RFA FU EAF(I aw Pm F � A HWUR G 11 -� `� � � f� ' '". a '� r :� , '#•- t RF-5 TA I I BEM TnYq• FUWAr�T('l14"� RESS BOTTLE Handpain ted signs help to create an authentic local landscape and celebrate local culture. 60 mar T' _ J . SeIkF J r . OOD STATI() - sRE%NINc CO - CORPUS GH R1571, X% A 1 al ! t ,1 Some downtown signage works as both business marker and public art display. This downtown sign looks like it was carefully designed in a computer,but applied to the wall in a non-digital process,giving it a sense of both permanence and texture. 61 .. ■fool_ Arm \\ / :00 / - . ��� � - \ � - . � The Miradores frame the landscapema uniqueway that=te_cul m&cues from Corpus Christi.This shape could&used»inspire future design and_7qprojects. 62 i 07 -41s Cj%evrolet Allen SaMU C,rm Days,Building on the success and authenticity ofBuc Existing signage is a reference point for future systems. � �__•w ,, �._r+ axe- r Plant labels reward walking and close The transit map design corresponds well looking in downtown parks.Building with the bus stops and wayfinding in the the marking and labelling system of physical environment. Flora and fauna will help emphasize the ;�77 natural environment that makes Corpus . Christi so special. These markers of place in the SEA District are useful ways of tying the parking area into the district,but they are not yet integrated into the rest of the district to create a cohesive user experience. A31011 W1WK110b w Ia A "'HATABURGER 7 Scieca ond History Museums r t. Congressman Soloman p. Ortiz --.%.Nome International Center dMI s li I Signage at the ballpark is designed and executed at a very high level.It will be clear Balancing interest and clarity in signage is a challenge best met by a professional and beautiful for generations to come. designer trained in typography and readability.These standard government signs lack interest and the sign at right is too busy for passersby to read quickly and with ease. 64 FUNDING IT:Artplace grants One of the challenges of a wayfinding Irk, system is the individual signage at each local business. Some businesses in startup mode start with low-budget f .' J low-design qual ity signs that a re difficu It for patrons to read and that do not create . r, t a strong authentic marker of place.We recommend improving the investments in signage by pairing local businesses with professional designers in a business incubator process like CoSign Cincy.This project is funded by$500 contributions by each local business and$200,000 in " external funding from Artplace America, � a national placemaking fund of founda- tions. J CASESTUDY Co Sign:"CoSign is designed to enhance '' { �x�> [OFFEE �4 economic activity in Greater Cincin- nati neighborhood business districts by pairing artists,small businesses,and professional sign fabricators to design 4 and install unique handcrafted signage ' for local retailers; and in the process, dd create an infrastructure to train the next generation of local signmakers. ' I A.. CoSign will coordinate the design CoSign Cinc is a non- rofit/business partnership project to help small businesses et well-designed signs tohelp create lace. and installation of a critical mass of 9 y P P PP P 9 9 9 P P new business signage in Cincinnati's Northside business district, an area "The participating businesses pay$500 a road bike.We are happy to be able to Designing a Responsive experiencing significant redevelop- towards the cost of their sign in the form help drive economic development in the Wayfinding System ment and reinvestment. The signage of gift cards or cash. If the businesses community of Northside. Some of the will be created by a unique partnership gave us cash,we used it to buy gift cards businesses participating in the project Because downtown, the SEA District, of a visual artist,a small business owner, at local Northside businesses.We distrib- have noticed an increase in sales this and North Beach will experience so and a professional sign fabricator, all uted those gift cards to participants month especially during the shop local much development in coming years, coordinated through the leadership and in the project this month to hopefully event" an expansive and responsive signage expertise of the American Sign Museum. increase the amount of individuals system is recommended for the next shopping in the Northside Community. ten years.Working with an established Some businesses have reported individ- local firm that can respond to changing uals using the gift cards to buy larger conditions with professional signage is purchases from their business such as 65 r� rv., , . %Who Walk Your City describes routes in terms ofminutes to walk instead ofmiles to walk. WYC recently partnered with Blue Cross to roll out signage encouraging exercise in three North Carolina cities. recommended. The scope of work centered transit.Whether you're making Urban Trails&The User Experience where you want to focus attention. would ideally look at timelines into the a few signs for your street or sponsoring The Corpus Christi First project seems next 25 years,anticipating the addition a campaign for your whole neighbor- to be knitting together many events Coordinated sign painting can also of new businesses and the changing of hood, you're already taking steps downtown through user experiences. be expanded into other placemaking existing business directions as the local towards a more walkable community" For art lovers,there is the ArtWalk,for projects and connected with local mural economy grows and changes. music lovers a MusicWalk,and so on for work like the art park at Agnes and TO DO THIS MONTH. the BridgeWalk,and Beach Walk.These Laredo Streets.KayThomas,a local artist, As future development is imagined, works in ceramics, sculpture,fiber and g To immediate) locate existing commer- experience-based ways of navigating designed, and built, more immediate y g the city seem visible and knowable to textiles.She was commissioned to make signage will be needed to help visitors cial,cultural,and recreational locations tile murals in her"Faces of Our Neighbor- find p temporary for visitors,we recommend local insiders, but are entirely invisible findtheirwa .Ex erimental&tem orar using Walk to the new visitor or casual user.They hood" installation on the columns of signage could help as districts are knit Your City,a low-barrier-to-entry system Crosstown Expressway at Laredo and designed b local people in Raleigh are not prominent in the local media together over time, testing different g y p p g and are not easilyfound in maps around Agnes Streets.This example,along with methods of communicatin trying to connect institutions thatroject was originally the other art installed in the ark under g downtownp seemed far.The ori . P 9 Y the bridge and adjacent to the Antonio a graduate project of Matt Tomasulo, E.Garcia Arts Education Center(part of CASE STUDY an urban planner. He funded phases In addition to monthly was and Texas A&M University),creates a strong Walk Your City: "Road signage has with Kickstarter and was able to attract tours,parade routes can be pioneers of connection between transportation traditionally been expensive and investors. WYC also set new funding walkability.They are a major draw into infrastructure, placemaking, and local car-centered,leaving walkers and bikers models in its recent partnership with downtown, are an open invitation for creative talent.Building on the strength by the wayside. Walk [Your City] lets Blue Cross Blue Shield to bring the visitors who might be hesitant to walk, of this project,additional projects could anyone from citizens to corporations signage encouraging exercise to 3 North and they create beauty along given be installed at other locations along the quickly and affordably promote healthy Carolina communities. routes. As the routes are chosen each bridge to create pathways that reward lifestyles, public safety, and human- year, they could be directed to create y p y interest and shared experiences in areas walking and multimodal transportation. 66 -- Temporary installations and signage,including the WalkYourCity and Better Block, help cities and citizens test different configurations before committing to expensive permanent systems. Art park under the bridge at Agnes and Laredo at286 The Antonio E.Garcia Arts and Education and designers to create high impact T Center, located in the heart of Corpus corridors with existing budgets,modest Christi's West Side, connects Texas fundraising, and sustained fundraising "� + A&M University-Corpus Christi to the into the future. community by providing programs, art exhibits, and meeting places for IN THE NEXT YEAR s community organizations. ' We recommend that the DMD and CVB The Garcia Center offers programs in further publicize the Corpus Christi First ► r art, dance, health and nutrition, family walks in their publications,websites,and support, and literacy at low or no cost other communications. F to community members, and it hosts — widely popular annual cultural events. We also recommend routing the Buc The Center features a gallery space with Days and Fourth of July Parades through rotating exhibits,computer lab,art room, Downtown,the SEA District,and possibly and multipurpose/dance space" North Beach to create threads of experi- ence.These routes have history,but have ` We recommend aligning public also been changed in recent years to wayfinding,public art,and parks invest- accommodate construction downtown. Better Block projects allowcitizens to reconfigure thestreetand trynewsignage in ments in projects with professional artists We can celebrate new projects downtown an active and iterative way before permanent change is made. 67 1 } I; o ■ FR Le The Indianapolis Cultural Trail 68 fi son '1111111 HI FFLE BOARD � F } Working with the professional graphic design firm Open,the Brooklyn Bridge Park has tied its digital experience on computers and mobile devices,where people plan their time,to its physical experience and wayfinding in the park. 69 and create newness of experience region around arts and cultural activi- by rerouting the parades each year, ties. Creative placemaking animates bringing pedestrians to new areas of the public and private spaces, rejuvenates city. structures and streetscapes, improves (} local business viability and public safety, We recommend that city leaders invent and brings diverse people together new processes for working with profes- to celebrate, inspire, and be inspired" sional designers to coordinate the look _ _ - — �q� -Ann Markusen, Markusen Economic and feel of downtown Corpus Christi.We 5 Research Services; Anne Gadwa recommend that the DMD/SEA convene Nicodemus,Metris Arts Consulting,from a board of design and art experts to Creative Placemaking advise the organization and help it develop the best possible RFPs. The Organizations may apply for creative DMD can also execute design-intensive III placemaking projects that contribute projects that city departments may not to the livability of communities and be able to execute with current staff. place the arts at their core.An organiza- We recommend the development of tion may request a grant amount from serious professional budgets for high K. f J $25,000 to$200,000. end execution of design for the best ROI. In our research,we found at least one Questions to consider. established local firm that is already Public signage laws-are there limits that working with major cultural events are keeping the signs small? to help them look professional and -V'm reach broad public audiences.The firm How can we best encourage big, MDR Advertising has an established well-designed markers of place? track record, have demonstrated local Alignmentof art,wayfinding,culture,and bike infrastructure is possible to maximize commitment,and have graphic design impact of limmited budgets.Graphic adapted from designer Bruce Mau's work. expertise. is the Del Mar Community College.With America's citizens in many ways. expansion in education and stronger Communities across our nation are Corpus Christi has local members of the collaborations downtown, we think leveraging the arts and engaging design national organization to which many Corpus Christi will be better able to to make their communities more livable graphic designers belong, AIGA. This retain its best creative talent to work on with enhanced quality of life,increased professional association for design is city-making activities from wayfinding creative activity, a distinct sense of committed to advancing design as a to event design to full marketing place,and vibrant local economies that professional craft, strategic advantage campaigns. together capitalize on their existing and vital cultural force.The local colleges assets.The NEA defines these efforts as and universities are also building their the process of Creative Placemaking: creative capacity as they train students FUNDING SOURCES in art, marketing, and architecture professions close to graphic design. Our Town grants from the National "In creative placemaking, partners The Antonio E.Garcia Arts&Education Endowment for the Arts from public, private, nonprofit, and Center program works in Corpus Christi's $25,000-$200,000 community sectors strategically shape West Side, the marketing program at the physical and social character of Texas A&M Corpus Christi is nearby,as Art works to improve the lives of a neighborhood, town, tribe, city, or 70 I MAI M IDS ! T Corpus Christi has existing infrastructure that can be seen as industrial objects or a set of potential artistic canvases to be painting in a coordinated and beautiful way. Elmo •ISA �-.� ! _ This tank in Portland,Maine was painted by artist Jaime Gili. This tank in Boston is one of the signs of entry into the city 71 Filling up the Immediate Empties: Storefront Activation In our time in Corpus Christi,we heard ` often about interest in public art, but could not discern a clear structure to implement large-scale coordinated projects and temporary public art to s� activate storefronts downtown. +. We recommend investigation of public/ private partnership options in which j the city and the DMD might work together to produce 1-2 professional temporary public art projects with the help of outside public art consultants with project management expertise(are there local experts or CC-native consul- tants who currently live in other cities in Texas who would relish coming home to do this work?).These R&D test projects ;. would allow the city to test new models a� for executing public art that builds on s the strengths of the art community in Y catalytic ways. Storefront installations by professional artists and managed by professional project IN FLUX yarn bombing project in CASESTUDY managers help developers create visual appeal and foot traffic near their empty Scottsdale. IN FLUX Temporary Public Art by Scotts- storefronts.These examples from IN FLUX in Scottsdale,Arizona have led to many dale Public Art (non-profit contracted spaces being rented afterward. with the city) in Phoenix/Scottsdale/ Tempe/Chandler/Mesa/Gilbert,Arizona: viewing the Valley as one community.IN the artists, to design and distribute in downtown Scottsdale, hundreds of FLUX provides unique project opportu- maps,to lead tours,and to administer thousands of people have visited the "IN FLUX brings together art,economic nities for artists to expand their skills, the program at a high professional area,generating foot traffic sufficient to development, and property manage- innovatively apply their creativity, and level of execution. In the process,this incentivize businessesto leasethe spaces ment organizations throughout the garner public recognition for their work. program gives developers and artists around the project.The area,which once greater Phoenix area to provide opportu- IN FLUX offers new perspective on a clear formal way in which to engage had minimal foot traffic is now a vibrant nities for Arizona artists to create the connections between community with one another. The process also local place with a diverse ecosystem of site-specific temporary public art instal- organizations, city governments, local creates jobs to keep the best creatives local and national businesses.Instead of lations in a wide variety of locations. businesses,artists,and audiences" in town and gives developers a network spending only on digital marketing,this of very skilled professional advisers to placemaking initiative gives developers IN FLUX demonstrates a holistic In Flux budgets are generated through contribute to their design strategy. a way to create a great experience in real approach to temporary public art grants and donations from property life at their location,creating a stronger projects through a showcase of Arizona managers and economic development Each storefront costs $4,500-8,500 to sense of possibility for the empty space. artists presented within the context of companies.The funding is used to pay produce. Since the program started 72 -,...oy„ �.1G"1! p _arra l rrr.TfY•• e y 'WIT Kim EWW'F 7i q, ar r , r� r it Temporary installations with affordable materials can have huge impact for Christchurch.A visually engaging,dynamic space,it is built from 3000 wooden blue tourism and for the way citizens see their city.Pallet Pavilion in NewZealand"seeks CHEP pallets and hosts live music and community events.It aims to meet a need in the to showcase some of the exciting possibilities temporary architecture holds for city given the loss of so many venues as a result of the earthquakes. 73 Going Open Source:Coordinating development, the DMD, CVB, SEA A sampling of community events that we were able Culture Calendars District, and EDC could take a leader- to pull together into a look at the year The coordination of calendars is complex ship role in establishing master culture in all our lives.Our individual calendars, calendars to navigate the user experi- our family calendars,our neighborhood, ence downtown. If conventions, local Community Events That Define Place 2014-2015 work,and community calendars are all festivals, road races, artwalks, music events,gallery shows,regattas and other EVERY WEEK managed in different ways at different events could all be seen from a master Monday Night Uptown,Dowtown,M Around Group Run 20-3o Runners times at different scales.Anything that Wednesday Night Beer Can Sailboat Races 12-15 Boats view for planning(within these organi- Wednesday Night HammerfeA Bike Ride 10-3o Riders makes this management easier allows zations,with the City,and with the local SaturdayMorning croup Bike Ride 20-4o Riders us to get to the activities themselves s),a vibrant downtown experience instead of spending time managing the grou pEVERY MONTH dates and times is a good thin could be designed to match the cadence Artwalk First Fridayofthe month g g. of visitor arrivals. Musiewalk First Saturday ofthe month Harbor BndgeWalk First Sundayofthe month Many organizations, including Fitness Sunday First Sunday ofthe month A master calendar would also encourage non-profits,use digital calendar systems the filling in of holes in the year.Event ANNUAL EVENTS to manage their time complexity. January 1,2015 NewYea sDayswim Google and other major services allow planners and venue owners could January 3,2015 AmedcanBank HalfManathon 15o Runners knowinglyfill in smaller-scale local events January 20,2014 Food and Wine©assic 2oo-25oConnoisseurs ry for the creation of calendar'feeds'that Febma7,2015 Rise and shine 5K 400 Runners/Walkers for low periods in the year,focusing on February 15,2014 Navy Half Marathon any computer user or smartphone user developing local talent and maintaining February 16,2014 Corpus Christi Boat Show can integrate into an individual device.A z1 February 19,20, ,22,2015 Celebration of Whooping Cranes in Port Aransas person interested in arts can essentially thecadenceandenergyofdowntown.A Much 5-8,2014 FidtonoysterFest subscribe'to a direct feed of art events similar project has been undertaken in Much 7,2015 whooping crane strut inRoekport Phoenix where 50+community leaders, March 27-29,2015 Festivalofthe Arts listed by an organization or service. Apra 11,2015 Coastal Bend Tour de Cure -5oo Riders including businesses and cultural April 16_May2,20r5 Buccaneer Days(Rodeo,Carnival,Parade) 258,000 People c music aficionado can have all new leaders, are maintaininga calendar of April concerts show up on his phone as he p'24,25,26,2015 Texas sandtst-sandSculpture Festival downtown cultural events. When two May 16,2o15 Beach-to-Bay, 16,000 Runners wanders downtown looking for a great events might be able to l back or May Beaehwalk night of listening. g piggy-back June-August Bay JammingConeertandCinemaSeries build into a day with more impact,they June 12-14,2014 Aransas Pass Shrimporee are easily coordinated months into the June M,2014 StaeheDash Soo Runners/Walkers The great experience made possible future. When planners are looking at July4,zo, Glow4 For Ronthe 600 Ruaners by these various community feeds p g Septe ber 2014 Run Rua when to hold events based on student September 6,2ota Run for Blood Soo Ruaners/4Valkers requires some coordination and careful calendars September l8-21,2014 The Hummer Bird Festival in Roekport curation.While services do exist to have September 18-21 Classic rtheCoast September zo,2014 Conquer the Coast tgoo Riders cultural institutions 'subscribe'to feed This streamlining of marketing October4,20M Monster Mash5K 150 Monsters October a database, we have found that most 7-19,2014 Annual Texas Ja2z Festival Aprox.70,000 People communication has not eliminated Oetober 19,2014 You Co Girl too Runners small cultural organizations are already collaboration or existing meetings, but October 25,2014 Corpus Christi Heart Walk -Soo Walkers stretched thin and are unlikely to follow has made them moreroductive and November 1,20M Dia De Los Muertos street Festival through in setting up this kind of system. p Novembers-3,20M creek Festival more focused on ways that events can November 8,2014 9th Annual Harbor Half Marathon -1,30.Runners Instead,we recommend that the DMD, coordinate. Previously, many meetings November 22,2014 Bill Dodge Memorial 15K and 5K Run CVB,SEA District, and EDC collaborate November 27,2014 33rd Annual Turkey Chase -800 Runners included conversational date manage- December 13,2014 Jingle All the Way 5K 5oo Rummers to fund the periodic maintenance of ment and necessary back and forth after December 7th Harbor Lights Parade a master calendar customized to local the meeting. In the new scenario with needs. the master calendar, everyone leaves the meeting knowing when things are With an up-front investment in web happening. 74 Promotional Organizations in Downtown Corpus Christi and the SEA District Organization Funding Sources Audience Verb Notes Local community interest groups Events,local Local community ORGANIZE around community interests fundraisers,local and and national grants ADVOCATE on behalf of the community Local community members Events,Kickstarter PARTICIPATE in local events SEA District Membership Public PROMOTE an experience district 501c3?,started by Families Durrill Mostly local reach http://seadistrictcc.co m/ Chambers of Commerce Membership Local businesses of DEVELOP leadership http://www.corpuschris (CC,Hispanic CC,Black CC) Fundraisers many sizes FOSTER growth tichamber.org/ ADVOCATE for business https://sites.google.co m/a/b la c kc ha m be rcc.o rg/home/ CVB Hotel Motel Tax Meeting Planners PROMOTE tourism and business related http://visitcorpuschristit Conventions visits x.org/ Out-of-town visitors CCFirst City$ Visitors? PROMOTE social investments for http://corpuschristilst. DMD$ residents com/ PROMOTE creative experience for visitors DMD TIF$ Membership Specific ENCOURAGE redevelopment http://cctexasdmd.com area-live/work/visit / EDC Local$ Out-of-City businesses RECRUIT and PROMOTE http://www.ccredc.com County$ Out-of-State businesses Investment / City of Corpus Christi Taxes Citizens DELIVER municipal services http://www.cctexas.co Businesses SUSTAIN and IMPROVE welfare,health, m/index Visitors and quality of life of residents Table information compiled from local interviews Compiled by Austin Jurlca Go, ole — +Lindsey ... ham aatigmofl rm my 0-- tnr nt5 a - V } Map • Traffic AMOorpus Christi RAMAT Punle•a an cBiiah miion•102 Vie a Created on Aog t 9y Lindsay L'pda'.9d 17 noum ago FW.4 If.—p,wraa rn,rnrwnC.xr&. + 35 Whefttburger ReId The Ari Museum of South Toxars Corpus CMud Kooks Baseball Club r, THurricane Alley Waterpark Corpus Christ Museum of 3de we&Hisibry { Harbor Playhouse Y uss Lemngwn 44 T x Texas State Avuerium Festival of the Arts locebon—March Etta:+'croat,econnactgrscc-�r-�.�sl:e ay.>e.mlt 52'NChapanre SxlC'_.,,.°ex Ch:-nti,i7r 704!91 F Zem2rk 2 Float Feet Spurts su Concrete St mat Arnph.Mater This Google map,created by the R/UDAT team and local collaborators,can be edited by anyone to take an inventory of assets and a sketch of possibilities h ttps.Ilmaps.google.com/maps/ms?msid=216174592724925062574.0004ff9616f89eb44d8l8&msa=0&11=27.787435,-97.409656&spn=0.005771,0.009109 76 Build the Business Case for Creatives around the country have Community Art&Design congregated in big cities since reloca- In orderfor What Iftemporary projectsto tion became possible.Now with internet blossom and grow and to keep the best connectivity to national networks, creatives in town to execute projects,a easy travel, and increasingly organized place needs to secure funding.Creative professional groups, many creatives placemaking is a part-time or full-time from smaller cities are finding that they are able to move to their hometowns job for dozens to thousands of people in any given city.We can find benevo- while staying connected to precedent lent benefactors W ca must tie the in the national design network.Smaller cities that invite their creatives to come design strategy to the business goals of — home can join the ranks of smaller cities the place.Having projects that support overall city growth goals that will that are emerging hotbeds of experi- support future funding to keep creative mentation feeding a national dialogue placemaking projects going into the about the future of cities. future. We recommend that you work to identify and cultivate the next genera- Invite a Culture Of What If Why Not tion of leaders now before the coming f energy boom.By lifting up the emerging Asking What If and Why Not in a big 're-Fa$I leaders who are already here and by initial brainstorm will helpcollaborators "5°E � - __ = I inviting home the ones who have moved think big. _ - away,you have the opportunity to foster + - a city-building culture that evens out the We recommend also adding a monetary boom-bust cycle and harnesses both limit at the end of the What if... The D:hive storefrontin Detroit"is a physical storefront and welcome center in the institutional knowledge of current Detroit's Central Business District where you will find help with anything Detroit: leaders and the energy of the emerging ex:What if we test this urban design idea places to live,great work opportunities,community events,and how to BUILD your leadership. for one day for$500 before we design a business in the city." capital project around a need that is not yet fully understood? This process can lead to:What if we do The Social Network The Way Forward is to Start Today a $5000 one-time event to test public to Support Place Almost every city feels like itdoesn'thave Failing faster and testing ideas is interest?What if we put on a $50,000 enough money to start on a new path counterintuitive in a build-it culture, festival to attract new visitors?What if we We heard the following statements: toward a vision of its best possiblefuture. but offers a much better ROI and helps build a $500,000 infrastructure project The only way to start building toward prevent the building of projects that to support our previous investments in Our creative kids leave: your vision of rich cultural fabric and a the public does not fully adopt.It gives events and community-building? robust local economy in Corpus Christi members of the public time to change 'Even when the economy is down, is to start today.We have made an effort their thinking about what the city could architects and other creatives would to give free and very affordable action be and helps answer detractors before rather wait tables in Austin than work in suggestions that can begin immediately major opposition builds,as the process their fields here: while community dialogues unfold and allows forthe integration ofresponsesto larger plans are drawn. their concerns. 77 DAT Lessons & Final Thoughts LESSONS FROM THE DESIGN ASSISTANCE PROCESS and private investment.Three years later,the city had over$75 million in planned and completed The team was asked to provide some comparable cases that might investments and had turned the corner by producing huge civic momentum across the community. offer lessons for Corpus Christi,and the preceding report contains In June 2012,Port Angeles was recognized with a state design award for its waterfront master plan, numerous examples of design interventions, policy models, and designed by LMN Architects.The city will break ground on construction in the fall. other best practices that can be applied to many components of the community revitalization process.However,the team felt it would also As West concluded,"The City of Port Angeles SDAT experience was far more than just a planning be instructive to offer a couple case studies from the design assistance exercise.This opportunity for our community was a catalyst for action,implementation and improve- experience which can help inform the design of an implementa- ment.Three years after the SDAT team arrived,the progress and excitement continue.A primary tion process for Corpus Christi Each case reinforces the preceding outcome has been that the process awakened community pride and inspired a"together we can" framework described for Corpus Christi, as each community has attitude.Today the inspiration remains and the elements and recommendations of the program overcome challenges with scarce public resources by engaging the continue to be the driver for publicly endorsed capital projects and investments in our community. whole community in the process of revitalization and development More importantly this sustainable approach has tapped into the core values and priorities of our successfully. citizens to ensure a better and more balanced future for our City" Port Angeles,Washington(pop.17,000) '^ Building Community Pride through a Public Revitalization Process Port Angeles,Washington provides an example of how to inspire pride in change by creating a truly public revitalization process.Their i- success has been built around involving everyone in the process.In m .. „ 2009,Port Angeles hosted an SDAT to focus on downtown revitaliza- tion and waterfront development.Port Angeles had suffered declining fortunes as the result of mill closures and reduced productivity from natural resource industries.The three-day charrette process created . � enormous civic energy to pursue a vision for the city's future."Just two weeks after the SDAT presented more than 30 recommendations,the Port Angeles Forward committee unanimously agreed to recommend 10 of those items for immediate action,"said Nathan West,the City's Director of Community and Economic Development."Public invest- ment and commitment inspired private investment,and,less than a month later,the community joined together in an effort to revamp the entire downtown,starting with a physical face-lift.Community members donated paint and equipment,and residents picked up their paintbrushes to start the transformation:' During the first summer of implementation, over 43 buildings in the downtown received substantial upgrades, including new paint and other improvements.This effort led to a formal facade improve- 1 ment program that extended the initiative exponentially.The city _ dedicated$118,000 in community development block grants(CDBG) for the effort,which catalyzed over$265,000 in private investment. The city also moved forward with substantial public investment in its waterfront,which had a dramatic impact in inspiring new partnerships 79 Newport,Vermont(pop.5,000) Newport come,and I've seen it go"Two years later,the R/UDAT team conducted a follow up visit to The Power of Leveraged Actions assess progress in the community.As the Mayor stated,1 attribute our success to the successful R/ UDAT in 2009 followed by the great public/private partnerships which have developed"The sense In 2009, Newport,Vermont brought a Regional and Urban Design of change reaches all levels of the community.A citizen described the civic"attitude adjustment" Assistance Team (R/UDAT) to town to help build a revitalization that had occurred:"When you have people working together,things can happen and do happen. That's the most important change that has occurred-a change in attitude.All of a sudden,nothing strategy.Patricia Sears,the Executive Director of the Newport Renais- is impossible"Today,communities across New England are visiting Newport to learn the'secrets'of its sance Corporation,described the town's dilemma a few years ago:"We success. were the last city in Vermont to achieve downtown designation from the state.We had some of the highest unemployment in the state.We decided we were done being last.We decided,'we are going to be first.-Newport hosted the first R/UDAT in state history.Hundreds of residents and stakeholders participated in the process.As Mayor Paul Monette said,"it wasn't the usual political process.Everyone was heard during the R/UDAT" Within two years of the project, the R/UDAT had built so much ' momentum that the town had over$250 million in new and pending ; investment, including 2,000 new jobs in a town of just 5,000- an _ incredible achievement in the midst of a severe national recession. Like Port Angeles,Newport was able to achieve success through broad partnership and involvement.It also leveraged small actions to build momentum for larger investments. For example,the R/UDAT team included a recommendation to create a community garden downtown, something that has been suggested for Springfield as well.Newport Yfi ,�n,ur, created a community garden with over 32 organizational partners. 411 durRFs OF e.+Y_1 *,I- IS They took advantage of existing capacity-a downtown parking lot __ that was donated-and not only created a garden,but programmed its d to have a transformational impact. I Out of the community garden,the"Grow a Neighborhood"program f Una was created,teaching neighborhood residents about urban agricul- - ture,providing space for family plots,and engaging local restaurants in a farm to table initiative.Six new restaurants opened in the downtown during the first two years of implementation. Newport also took ' advantage of widespread community participation in the R/UDAT to engage citizens in code changes,designing a participatory process to create the first form-based code in the state.New investments include boutique hotels,a tasting center featuring regional agriculture,and a waterfront resort.The city also created the state's first foreign trade zone,attracting a Korean biotechnology firm and other businesses. The City has undergone a fundamental shift in its thinking since the R/UDAT process. In 2009, the public dialogue was dominated by nostalgia about the city's past.As one resident exclaimed,"I've seen 80 CONCLUSION The Harbor Bridge was constructed in the late 1950s,and it defined the area's physical character for over 50 years.Removing the bridge provides nothing short ofan opportu- nity to re-define this area for at least a half-century to come.This is a community that is equal to the historic opportunity in front of it.By engaging the whole community in this effort,Corpus Christi can become part of a proud Texas tradition of remarkable urban transformations and achievement. The R/UDAT team found Corpus Christi to be an impressive community.This is not a community that should ever struggle to thing big or act big.In fact,the team found that Corpus Christi has the capacity create whatever physical character and sense of community it can collectively aspire to attain.You are capable of great things.Corpus Christi has already proven that it knows how to build innovative cross-sector collabo- rations to achieve incredible outcomes.The City was recognized with an All-America City Award in 2003-the"Olympics of Community"Unlike most jurisdictions,Corpus Christi already has billions of dollars in new investment coming as a result of the spike in production from the energy industry. While many communities struggle to overcome challenges in resources and capacity,Corpus Christi is presented with a rare opportunity to act from a position of incredible civic strength.The community's economic growth is providing an unprecedented opportunity to engage the entire community in both the creation of a clear vision for the future,and in the actions necessary to realize its citizens'collective aspirations.Corpus Christi has remarkable assets,institutions,and citizens. During the R/UDAT process, the sense of excitement across the community was evident.There was remarkable clarity and consensus exhibited by citizens regarding what aspects of the community they most value here,and what they want it to be in the future.The stage is set to build the broad partnerships necessary to achieve these dreams.While much work lies ahead,the citizens of Corpus Christi are clearly ready. Broad civic leadership exists to move the public agenda forward.Now is the time to leverage community excitement into action,and build momentum for a dramatic transformation in Corpus Christi. 81 Team Roster & Thanks 5 00` - s]a-iv7U �a d�7 irk CHERYL MORGAN, FAIA — R/LIDAT TEAM traffic engineering issues including the impacts of regional through-traffic on new LEADER and established communities.He has also assisted communities in the development of policies and implementing procedures to address specific transportation goals and Cheryl is a licensed architect and Architecture, tProfessor of objectives.Throughout his career in transportation planning and engineering, Mr. i Architecture in the School of Archhitecre,Planning Salemann has demonstrated an abilityto connect with and committearns and organi- and Landscape Architecture of Auburn University. zations to projects,as well as identify and address the challenges faced by municipal In thirty years of teaching she worked with architec- staff and diverse stakeholders.Mr.Salemann also specializes in roundabout design tural programs at Georgia Institute of Technology, and has been involved in roundabouts since visiting"Roundabout Valley"in Vail/Avon, Oklahoma State and California College of Arts and Colorado in 1998.He gained much of his roundabout knowledge by participating in Crafts. For the last 12 years of her teaching career the Washington State Department of Transportation's Process Involvement Team that she was the Director of Auburn's Urban Studio in developed Chapter 915 of the WSDOT Design Manual. Birmingham,Alabama.Under Cheryl's leadership,the Urban Studio's Small Town Design Initiative Program worked with over 75 small towns LINDSAY KI NKADE and neighborhoods in Alabama. Lindsay Kinkade is the Founder and the Creative Morgan practiced architecture and urban design in the San Francisco Bay Area. She Director of Design Republic, a Phoenix design firm worked with a number of firms including Environmental Planning and Research, that builds tools for dialogue on public issues.She is Gensler,and the Gruzen Partnership. Before coming to Auburn in 1992 she was an focused in particular on placemaking in downtown associate with the Berkeley firm of ELS/Elbasani and Logan. Morgan's professional Phoenix and transportation issues. Working with practice now focuses on urban design,community planning and graphic design.She Downtown Phoenix Inc.,Design RePublic has built a is also an experienced facilitator. pop-up studio framework to rebrand the organization while engaging broad public audiences, emerging Cheryl holds two degrees from Auburn University:a Bachelor of Architecture and a leaders,and established stakeholders in the reinven- Bachelor of Arts(Sociology). Her Master of Architecture degree is from the University tion of the city built for the car.Her work with Reinvent of Illinois,Champaign/Urbana. She is certified by the National Council of Architec- Phoenix,Phoenix Urban Design Week,Roosevelt Row,the Phoenix Center for the Arts, tural Registration Boards and is a member and Fellow of the American Institute of Artlink, ASU's School of Sustainability demonstrate her collaboration, leadership, Architects. visioning,strategy,visualization,content development,tool-making,and facilitation skills for city-building.She has worked on teams building new models for corporate In 2011 she was presented with the Alabama Chapter of the American Planning Associ- collaboration in research &development with The Epic Decade and has designed ation's Distinguished Leadership Award recognizing her as a "Friend of Planning."In dialogue tools with CEOs for Cities on the USlnitiative to support their work on city 2012 she received Auburn University's Achievement in Outreach Award. futures. VICTOR L.SALEMANN,PE Lindsay has been an adjunct faculty member at the Rhode Island School of Design where she worked with the Office of Government Relations to start Making It Mr. Salemann is known for his ability to present Understandable,a public policy+design course and helped to found NSF EPSCoR complex traffic and transportation issues in terms at RISD,a climate change design research project in the state of Rhode Island.She that decision-makers and the public can understand is currently teaching graduate studio courses in The Design School at Arizona State and respond to. Mr. Salemann provides program University. administration, traffic signal design, roundabout design,travel demand forecasting, roadway design, comprehensive transportation planning, develop- ment review,and design for trails and paths.He has worked directly with the city councils of Lynnwood, Sammamish, Issaquah, Maple Valley, Gig Harbor Poulsbo,Covington,and Woodinville on urban/suburban transportation planning and 83 a '' .� Judith often guides multidisciplinary teams to determine the appropriate scale _.. RICHARD ROARK, RLA, ASLA, LEED® AP and type of development for community plans,specific plans,and transit-oriented development.While working at Pro Forma Advisors,Judith's work included economic BD+C analysis of the Expo Light Rail Phase II Transit Neighborhood Plans for the City of Los Richard Roark's work spans a range of scales and Angeles and preliminary economic studies for the Crenshaw/LAX Light Rail Transit for typologies,focused on expanding the civic capacity Metro during its planning phases.Judith's market analysis work includes analysis to d of the landscape. Projects such as the Presidential help revitalize aging suburban corridors and support placemaking.Judith has worked Sustainability Initiative:Rebuild by Design,the new with cities,such as the City of Indio and Cathedral Cityto help focus existing piecemeal U.S. Embassy in London;Dilworth Plaza in Philadel- development along underperforming corridors into viable nodes and districts. phia, Pennsylvania; exemplify a practice focused on sustainable, economical and well crafted public Judith has also analyzed and completed economic development studies in historically design.Most recently,Richard has completed a vision disinvested neighborhoods.While at Economics Research Associates,she provided plan for a three-mile linear park and recreation path in Philadelphia, connecting economic analysis to support community outreach visioning processes in the Watt's many neighborhoods and cultural institutions to Fairmount Park along the historic Central Avenue area and the Crenshaw Avenue area in South Los Angeles.Judith led elevated Reading Viaduct and City Branch rail lines. He is recognized as an active the analysis for the$1 billion Jordan Downs Public Housing Redevelopment Master- participant in public design advocacy as a member of as an outstanding member of plan for the City of Los Angeles Housing Authority. the Philadelphia Community Design Collaborative(CDC)for his work on the Palumbo Park Concept Plan and the Growing Minds volunteer initiative,a design-build project Judith is a graduate of Stanford University with a Bachelor's of Arts in Economics, realized in collaboration with the students of Richard Allen Preparatory Charter School and holds a Master's in Public Policy and Urban Planning from the Harvard Kennedy in southwest Philadelphia. School.Judith is an active member of ULI and APA. Richard began his studies in landscape architecture at Auburn University,where he earned a Bachelor of Environmental Design and then a Master of Landscape Architec- Erin Simmons(AIA Staff) ture.He first joined OLIN in 2001 upon receiving his Master of Community Planning. Erin Simmons is the Director of Design Assistance at the Center for Communities by He has served as an invited guestjuror at Arizona State University,Auburn University, Design at the American Institute of Architects in Washington,DC.Her primary role at the Temple University and University of Pennsylvania,and is a past member of Auburn AIA isto provide process expertise,facilitation and support for the Center's Sustainable University's Landscape Advisory Council. Design Assistance Team(SDAT)and Regional and Urban Design Assistance Team(R/ UDAT)programs.In this capacity,she works with AIA components,members,partner JUDITH TAYLOR organizations and community members to provide technical design assistance to .. JudithTaylor brings 10 years of experience in the fields communities across the country.Through its design assistance programs,the AIA has of land use consulting and community development, worked in 200 communities across47 states.In 2010,the Center was named Organiza- with an emphasis on providing land use economic tion of the Year by the International Association for Public Participation(IAP2)for its analyses to inform community plans, specific plans, impact on communities and contributions to the field. revitalization and land use strategies,and the entitle- ment process. Erin is a leading practitioner of the design assistance process.Her portfolio includes work in over 70 communities across the United States.A frequent lecturer on the Judith joined HR&A as a Principal in our Los Angeles subject of creating livable communities and sustainability,Erin contributed to the office in October 2013.Judith has a breadth of experi- recent publication"Assessing Sustainability:A guide for Local Governments':Prior ence providing customized analysis for her clients and has worked with public to joining the AIA,Erin worked as historic preservationist and architectural historian agencies such as the City of San Diego,the City of Los Angeles,and the City of Seattle, for an environmental and engineering firm in Georgia,where she practiced preser- and private developers,such as Sudberry Properties,Pardee Homes and Hines over vation planning,created historic district design guidelines and zoning ordinances, the last 10 years.Judith's specialties include fiscal impact analysis,economic impact conducted historic resource surveys,and wrote property nominations for the National analysis,real estate market analysis,and economic developing and funding strategy. Register of Historic Places.She holds a Bachelor of Arts degree in History from Florida State University and a Master's degree in Historic Preservation from UGA. 84 Joel Mills(AIA Staff) Joel Mills is Director of the American Institute for Architects'Center for Communi- ties by Design.The Center is a leading provider of pro bono technical assistance and participatory planning for community sustainability.Its processes have been modeled successfully in the United States and across Europe.The Center has been the recipient141 of a numerous awards recognizing its impact.In 2010,the Center was named Organi- zation of theYear bythe International Association for Public Participation(IAP2)for its impact on communities and contributions to the field.In 2013,the Center received a Power of A Award from the Center for Association Leadership,and a Facilitation Impact Award,given by the International Association of Facilitators. Joel's 20-year career has been focused on strengthening civic capacity and civic *' institutions around the world.This work has helped millions of people participate in �+y , democratic processes,visioning efforts,and community planning initiatives.In the P United States,Joel has worked with over 100 communities, leading participatory initiatives and collaborative processes that have facilitated community-generated strategies on a host of issues.During the past five years,this work has catalyzed over $1 billion in new investment.His past work has been featured in over 1,000 media stories,including ABC World News Tonight,Nightline,CNN,The Next American City, Smart City Radio,The National Civic Review,Ecostructure Magazine,The Washington Post,and dozens ofother sources.He has served on numerous expert working groups, boards,juries,and panels focused on civic discourse and participation,sustainability, and design.He has also spoken at dozens of national and international conferences and events,including the World Eco-City Summit,the Global Democracy Conference, ational Conference on Citizenship,and many others. b - low 85 SPONSORING ORGANIZATION: Regional Transit Authority Corpus Christi Metropolitan Planning Organization SEA District Durrill Properties STEERING COMMITTEE: Devary Durrill Foundation Tom Niskala-Metropolitan Planning Organization Joe Adame-Joe Adame&Associates VENUE HOST: PatVeteto-RVE Engineering,Inc. Del Mar College-Emerging Technologies Center Bill McCord-WKMC Architects Laura Bennett,AIA David Krams-Port of Corpus Christi Authority Jacqueline Carlson Dave Michaelsen-Port of Corpus Christi Authority Dr.Lee Sloan Dan Biles-City of Corpus Christi Jamie Pyle-City of Corpus Christi Rocco Montessano-Lexington Museum AIA CORPUS CHRISTI CHAPTER COORDINATORS: Tom Schmid-Texas State Aquarium Sheldon Schroeder,AIA Lamont Taylor-Transit Consultant Connie Rivera,AIA Bob Schulte-SEA District Marcia Kelly-SEA District Bill Durrill-Durrill Properties SPECIAL THANKS TO: Durrill Foundation for providing financial management. DONORS• Marcia Kelly for tirelessly organizing meetings,taking notes,and arranging events. Corpus Christi Metropolitan Planning Organization Del Mar College for providing superb facilities at a discount to support community development,and Joe Adame&Associates RVE Engineering,Inc. specifically Laura Bennett for use of her architectural technology labs and students. WKMC Architects Hester's Cafe and the Art Museum of South Texas for donating a lovely meal to the R/UDAT team. Port of Corpus Christi Authority Museum of Science and History for providing meeting spaces. City of Corpus Christi The architectural engineering department of Texas A&M University- Kingsville for their extensive volunteer support by both students and faculty. Lexington Museum Corpus Christi Regional Transit Authority for providing buses to tour the study area. 86 The Corpus Christi R/UDAT offers particular thanks to the students and local design professionals who assisted the team throughout the project. � David Keith Jorge L.Trevino,Jr. Jennifer Loa Jorge 011ervides Josh Chavez Sergio Hernandez Ingrid Marin Ira Freeman Jacqueline Carlson Sheldon Schroeder Austin Jurica Kaitlin Ramos Jacqueline A.Fuentes Albert Delgado,Jr. Patricia Polastri Robert Cavanaugh r cy Jim Glusing Brenna Seams Carlos Gonzales Keren Costanzo Darren Patterson a P 'N' ■Aid r 87 SC GO � � �A O H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 20, 2018 NCORP ORpt Second Reading Ordinance for the City Council Meeting of March 27, 2018 1852 DATE: February 12, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for MPM Development, LP, for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement CAPTION: Ordinance authorizing Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $72,130.00 from Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer. PURPOSE: MPM Development, LP, is required to install 917 linear feet of 12-inch waterline extension to provide adequate water service to a proposed residential subdivision development. The subdivision is located along the south side of Yorktown Boulevard and west of Starry Road. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C.1.b Reimbursements, MPM Development, LP., is requesting a Reimbursement Agreement for the development of a 15.454 acre tract of land, more or less, a portion of Lots 24, 25 and 26, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Starlight Estates Unit 1 as shown on the final plat. The development requires the extension of 917 linear feet of 12-inch waterline to provide adequate water service to the property. A layout of existing and proposed improvements is included as Exhibit 3 to the proposed ordinance. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending water to serve the proposed residential development and has requested a Reimbursement Agreement, in accordance with UDC Section 8.5.1.C.1.b Reimbursements (No. 4030 Water Arterial Transmission and Grid Main Trust Fund). EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,247,398.00 Encumbered / Expended Amount $225,696.48 This item $72,130.00 BALANCE $1,949,571.52 Fund(s): Water Arterial Transmission & Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Agreement Presentation Ordinance authorizing Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $72,130.00 from Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP. ("Developer"), for the extension of a 12-inch public waterline, including all related appurtenances, for the development of a portion of Lots 24, 25 and 26, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, known as Starlight Estates Unit 1 , Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $72,130.00 is appropriated from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer for the construction of the public waterline improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP. ("Developer "), PO Box 331308 Corpus Christi, TX 78463. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC'), proposes to final plat the Property as shown on the attached final plat known as Starlight Estates Unit 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Starlight Estates Unit 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch located along the south side of Yorktown Boulevard and west of Starry Road for a distance of 917 linear feet in order to connect the water grid main and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on Yorktown Boulevard for a distance of 917 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Starlight Estates Unit 1 , Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 917 linear feet of 12-inch PVC waterline pipe. 2. Install two (2) 12 inch gate valve with box 3. Install four (4) tees 12 inch. 4. Install one (1) 12 inch cap tapped for 2 inch 5. Install three (3) fire hydrant assembly. 6. Install three (3) 8 inch gate valve with box 7. Install four (4) 6 inch dia. X 30-inch long PVC pipe nipple 8. Install one (1) Traffic Control during construction. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Page 2 of 10 Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by March 27, 2019. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before March 27, 2019. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. Page 3 of 10 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1 . Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the Page 4 of 10 other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11 . NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1 . If to the Developer: 2. If to the City: Moses Mostaghasi City of Corpus Christi General Partner 1201 Leopard Street (78401) PO Box 331308 P.O. Box 9277 Corpus Christi, TX 78463 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction as outlined in the Unified Page 5 of 10 Development Code (UDC) Section 8.1.6 from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $72,130.00. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, 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 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, 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, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE 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 DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR Page 6 of 10 CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, 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. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (1) ATTORNEYS, (11) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Starlight Estates Unit 1 , a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Page 7 of 10 1 9. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20, AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original,*this 19 day of , 2018. SIGNATURES FOUND ON PAGES 9 and 10. Page 8 of 10 Developer Moses Mostaghasi MPM Development, LP PO Box 331308 Corpus Christi, TX 78463 Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Moses Mostaghasi, General Partner, MPM Development, LP, and acknowledged before me on the day of E1b iR 2018. 4 CINDY BUENO ID #t 178588-3 Notary Publ c STATE OF TEXAS Not Public, State of Texas °sig ' �y Comm, Exp. 1 as-2o1e 4 Page 9 of 10 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 Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Interim Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of ' 2018. Notary Public, State Of Texas APPROVED AS TO FORM: This 15 day of February , 2018. Assistant City Attorney For the City Attorney Page 10 of 10 CL loRKYOWN BL%P I �w ytl I 561'1$°�E"E® 315,0[➢' a s $ l 1 56,'le'24 E a $ 561'16'2aE 13x40 1 `� e LT 1 ,D.OP BE l , o I. I + N 819 z -� N 7D 00 q Q I I iE t I t 3e3 - fir' DAY [~I] w z a ::D LLJ 7— + h o gN 4 a- w � €X4� �4 0 M I ��. � �� Rai Z 1 � J N �+ r a of 4C[ "x l GIL .81 IND IJ 'I YI I { }k 11 l$. o to "2 UJ J 41 of XM t W96 1 I , . I I 70-00 CONTINUED FROM PREVIOUS SHEET X l Ld ~s � sW s = s n $ s ~ Ln Wim^ < C3 �y a >ng µ =ter a W }_ CONTINUED ON FOLLOWING SHEET J Ln Mg� ; 1 36rsaaa I A A Ill! I IQ H sI y I I$ s � I o I$ Iv >RnrneT6wn eva, w �I�, 1� n s6r r8'za-E C7 '� I� � �$,�, a R I$ `v R I n yr 6tt a " SUY>E0E BR1 N ll� �a a N V:t IOUR OR Ld oR.s1E0T0R r. 4 I 9 0 Hutu BB- gI "- gI �I I W-IB'2CE n x 's sl I sl 1 I $a n I al 9ut•,Bya'E ; ,J 9 . 3 a W10-2'4'E 56rte'2a-E .c r� W 56107 M 15 q ry 1L15 22,u MDBCRBOR 2a,SECT 7S• H s TB k EE a CT,V W.P.4t-43, 4+ sw 7 r{Fk cg h; LT f• n Y.FL.PATRIC44 w1'ixFCE MST EE f 21 ` 1700. 2005007409,0-R. Ij s 561'17`42"E 420.93' 57.00 56.00 80.60 SE00 59.00 +0'.UE Se.OB 56.17 9e.11' BR9x' L'i ,• 10 $ N61'f e'3avr 174.21' } z 37'YR n�p 1 yl LL f N61'+B']4^M 191.614 ' f 77' 15' — - 136,•17'422 464.77= STAMPEDE of2�__ 17-00• U 7 - I'� I 1 X ry85'.s49's6w �pp 1 �o 9 175, n 7124 Y ',31 1 7.25 M61'17'4xti' }19,71' �rt�SYi $ !n e e 3 p ^627m,— �6a,• v caw' — sa.ov'— s9. _5 uT w.oB- { 97�90''� n Y 8 r Rg C a� 25'Ta, N61'08'S5"W 209.92' P�g- o S Ir v C) I a c - --- — —_ — — -- -- - ---- �- B2:w' 6a.w' 68.w' 58.00' 59.00' 60.00' 70.w' SO' 90' N61'17'42"w 501.00'' X07$22,29 ALIO PORTON 24,8EC7 25, 00 9 5'YE, 0.NO. M air A GT,Y.A'•P.41-43• O.R. Y.R.PATRITYALLFCE,tBOS t f 2, BOC. 20060O71M,0.R- Exhibit 2 - Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Starlight Estates Unit 1 subdivision, hereby apply for$12,922.00 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $85,052.00 is the construction cost, including 10% Engineering,Surveying, and Testing, as shown by the cost supporting documents attached herewith. 7�15j1$ a os asi, General Partner Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by Massa Mostaghasi, General Partner of MPM Development, LP. �;:pY^:A CINDY BUENO �• � ID #tt785$$•3 • Notary Puble STATE OF TEXAS Notary Public in and for Nueces County,Texas My Comm. Exp. 11.04-2019 Exhibit 2 - Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Starlight Estates Unit 1 subdivision, hereby request reimbursement of $72,130.00, as provided for by City Ordinance No. 17092. $85,052.00 is the construction cost, including 10%Engineering,Surveying, and Testing, in excess of the acreage fee,as shown by the cost supporting documents attached herewith. *5111 Moss ostaghasi, General Partner Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on t 2018, by Mossa Mostaghasi, General Partner of MPM Development, , on behalf of the said corporation. CINDY BUENO ID #117SM-3 .yl ' ') Notary Public STATE OF TEXAS Notary Pu lic in and for Nueces County, Texas 'rra:,t.►.. My Comm. Exp, 11-1]4-2t)19 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. 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W Q J _ J - W -_._ --- nvi M - __ --- w➢ - - - > _ +m o ¢ `_- 'SP vv oQv on3- � .-EOE mm mmm z O N v u W w o ; o i W r M - m, V) - z Tom Q o © UJ mm a z m �o z o 0 o MTom �, W Z x a m r z - -- -- --- o0 IL uIn On oO>O�O+ Ld tAo W H WJ z E � w - O �o 00 v a�lN O a IE w o NI O N m� mm z 0 p L)Ln tAO mm Z J u.a W ` 4 O 3 -- -- - Z -42 w mm - o� M 0 a a w J d wo Z J mm mm I m a m� _J Sire 3mo NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No.100027-00 Exhibit 4 - Page 1 of 3 P.O. Box 6397 g Corpus Christi,TX 78466-6397 STARLIGHT ESTATES UNIT 1 PRELIMINARY COST ESTIMATE 2/2/18 STREET&SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 6"CURB&GUTTER 4546 LF 14.50 $65,917.00 2 4"THICK CONCRETE WALK 18292 SF 4.50 82,314.00 3 2"HMAC 8845 SY 17.50 154,787.50 4 8"LIME STABILIZED SUBGRADE TO 2'BC 10865 SY 8.00 86,920.00 5 8"CRUSHED LIMESTONE BASE TO 2'BC 9206 SY 17.50 161,105.00 6 6"CRUSHED LIMESTONE BASE TO 2'BC 1667 SY 17.00 28,339.00 7 STREET SIGN 2 EA 350.00 700.00 8 EXCAVATION 1 LS 30,000.00 30,000.00 9 END OF ROAD BARRICADE SIGNS(4 EA) 2 SETS 600.00 1,200.00 10 REMOVE&RELOCATE POWER POLE 1 LS 3,000.00 3,000.00 11 CLEARING&GRUBBING 1 LS 4,000.00 4,000.00 $618,282.50 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 4'X6'CAST-IN-PLACE BOX CULVERT 541 LF 300.00 $162,300.00 2 4'X8'CAST-IN-PLACE BOX CULVERT 227 LF 350.00 79,450.00 3 STEEL REBAR SCREEN AT BEGINNING OF BOX CULVERT 1 LS 2,500.00 2,500.00 4 R/C COLLAR AT BOX CULVERT JUNCTION 1 EA 4,000.00 4,000.00 5 30"RCP 221 LF 60.00 13,260.00 6 27"RCP 593 LF 58.00 34,394.00 7 24"RCP 762 LF 55.00 41,910.00 8 15"RCP 135 LF 37.00 4,995.00 9 TINLET 10 EA 3,200.00 32,000.00 10 MANHOLE 5 EA 3,900.00 19,500.00 11 MANHOLE RISER 2 EA 600.00 1,200.00 12 IBACKFILL EXISTING DITCH 1 I LS 1 6,000.001 6,000.00 13 4"THICK R/C RIPRAP AT SOUTH END OF BOX CULVERT AT DITCH 1 1 LS 1 4,000.001 4,000.00 $405,509.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 10"PVC PIPE 1580 LF 60.00 $94,800.00 2 10"PVC DROP CONNECTION 14 LF 200.00 2,800.00 3 8"PVC PIPE 947 LF 50.00 47,350.00 4 FIBERGLASS MANHOLE 10 EA 3,900.00 39,000.00 5 4"PVC SS SERVICE 71 EA 500.00 35,500.00 6 ADJUST SSMH TOP 1 EA 500.001 500.00 $219,950.00 Page 1 of 2 EXHIBIT 4 Page 1 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No.100027-00 Exhibit 4 - Page 2 of 3 P•O. Box 6397 Corpus Christi,TX 78466-6397 12"WATER GRID MAIN ITEMS(OFFSITE)REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 917 LF 60.00 $55,020.00 2 12"GATE VALVE WITH BOX 2 EA 1,250.00 2,500.00 3 12"TEE 4 EA 600.00 2,400.00 4 12"CAP TAPPED FOR 2" 1 EA 500.00 500.00 5 FIRE HYDRANT ASSEMBLY 3 LF 3,000.00 9,000.00 6 8"GATE VALVE W/BOX 3 EA 1,200.00 3,600.00 7 6"DIA X 30"PVC PIPE NIPPLE 4 1 EA 1 200.001 800.00 8 ITRAFFIC CONTROL DURING CONSTRUCTION 1 1 LS 1 3,500.001 3,500.00 $77,320.00 WATER ITEMS(NON-GRID MAIN) QUANTITY UNIT UNIT PRICE AMOUNT 1 8"PVC PIPE 2355 LF 50.00 $117,750.00 2 8"GATE VALVE WITH BOX 7 EA 1,200.00 8,400.00 3 8"CAP TAPPED FOR 2" 2 EA 950.00 1,900.00 4 8"TEE 5 EA 600.00 3,000.00 5 8"EL,ANY ANGLE,RESTRAINED 4 EA 1,000.00 4,000.00 6 FIRE HYDRANT ASSEMBLY 4 EA 3,000.00 12,000.00 7 6"DIA X 30"PVC PIPE NIPPLE 12 EA 200.00 2,400.00 8 6"GATE VALVE W/BOX 4 EA 950.00 3,800.00 9 6"EL,ANY ANGLE 4 EA 600.00 2,400.00 10 6"EL,ANY ANGLE,RESTRAINED 4 EA 800.00 3,200.00 11 WATER SERVICE,DOUBLE 34 EA 800.00 27,200.00 12 IWATER SERVICE,SINGLE 3 1 EA 1 600.001 1,800.00 $187,850.00 REMOVE EXISTING BRIDGE REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 DEMOLITION OF EXISTING WOODEN BRIDGE AND ABUTMENTS 1 LS 12,400.00 $12,400.00 2 HAUL OFF AND DISPOSAL OF TREATED BRIDGE TIMBERS 1 LS 2,200.00 2,200.00 3 HAUL OFF AND DISPOSAL OF CONCRETE RUBBLE 1 LS 1,300.00 1,300.00 4 EXCAVATION AND DISPOSAL OF SPOIL MATERIAL UNDER BRIDGE 50 CY 30.00 1,500.00 5 SUPPLY AND PLACE SELECT FILL 180 TONS 20.00 3,600.00 6 SUBGRADE PREPARATION AND COMPACTION(INCLUDE RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 20.00 2,400.00 7 TENSAR GEOGRID(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 5.00 600.00 8 8"CRUSHED LIMESTONE BASE(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 17.50 2,100.00 9 MC-30 PRIME COAT(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 6.00 $720.00 10 2"HMAC(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 17.50 2,100.00 11 30"RCP 72 LF 60.00 4,320.00 12 CEMENT STABILIZED BACKFILL FOR RCP 85 TONS 80.00 6,800.00 13 TEMPORARY TRAFFIC DETOUR LANE-SUBGRADEPREP 340 SY 20.00 6,800.00 14 TEMPORARY TRAFFIC DETOUR LANE-ROAD BASE 340 SY 17.50 5,950.00 15 REMOVE TRAFFIC DETOUR LANE 1 LS 2,765.00 2,765.00 16 TRAFFIC CONTROL-ROW BLOCKAGE PERMIT,BARRICADES,FLAGMEN, TEMPORARY SIGNAGE DURING CONSTRUCTION 1 1 LS 1 5,500.00 5,500.00 $61,055.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL&BARRICADING PLAN&PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 5,000.00 $5,000.00 2 TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER&STORM SEWER PIPES OF ALL SIZES) 4944 LF 3.00 14,832.00 3 4"PVC CONDUIT FOR AEP 300 LF 25.00 7,500.00 4 STORM WATER POLLUTION PREVENTION 1 LS 1 4,000.001 4,000.00 $31,332.00 TOTAL CONSTRUCTION $1,601,298.50 Page 2 of 2 EXHIBIT 4 Page 2 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No.100027-00 P.O. Box 6397 Exhibit 4 - Page 3 of 3 Corpus Christi,TX 78466-6397 STARLIGHT ESTATES UNIT 1 COST ESTIMATE 02/01/2018 12"WATER GRID MAIN ITEMS(OFFSITE)REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 917 LF 60.00 $55,020.00 2 12"GATE VALVE WITH BOX 2 EA 1,250.00 2,500.00 3 12"TEE 4 EA 600.00 2,400.00 4 12"CAP TAPPED FOR 2" 1 EA 500.00 500.00 5 FIRE HYDRANT ASSEMBLY 3 LF 3,000.00 9,000.00 6 6"GATE VALVE W/BOX 3 EA 1,200.00 3,600.00 7 6"DIA X 30"PVC PIPE NIPPLE 1 4 1 EA 1 200.001 800.00 8 ITRAFFIC CONTROL DURING CONSTRUCTION 1 1 LS 1 3,500.001 3,500.00 SUBTOTAL $77,320.00 10%ENGINEERING,SURVEYING&TESTING $7,732.00 TOTAL CONSTRUCTION $85,052.00 LESS CITY WATER ACREAGE FEE -$12,922.00 TOTAL AMOUNT REIMBURSABLE $72,130.00 Page 1 of 1 EXHIBIT 4 Page 3 Exhibit 5 - Page 1 of 5 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall 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. B. Contractor shall furnish to the Risk Manager or designee 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 policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Exhibit 5 - Page 2 of 5 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555-Fax # D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 5 Exhibit 5 - Page 3 of 5 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Exhibit 5 - Page 4 of 5 City of Corpus Christi,Texas Department of Development Services P.O.Box 9277 City Q Corpus Christi.Texas 78459-9277 (3b 1)825-3240 Corpus Located al 2406 Leopard Street 0.J 4F�7 (Conner of Leopard St.amdPort Ave .) Christi vr`►\.rw DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM development, LP STREET: PO Box 331308 CITY: Corpus Christi ,ZIP: 78463 FIRM is: M Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NA NA 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi Title: General Partner (Print) Signature of Certifying Perso Date: K'.1DEVELOPMENTSVCSIS14ARED',LAND DEVELOPMENT.ORDINANCE ADMINISTRATIONWIPLICATION FORNISTORNIS AS PER LEGALl2012°D15CL0SURE OF INTEREST' STATEMENTI.27.13.DOC Exhibit 5 Exhibit 5 - Page 5 of 5 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basisT but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOP�1ENTSVCS�SHAREDIL.AND DEVELOPMEN V ORMNANCE ADMINI'TPLATIOM&PPLICATION FORMSTORMS AS PER LEGAL12012\DISCLOSURL OF INTFREST� STAIEYIENTI271'DOC Exhibit 5 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement For Starlight Estates Unit 1 City Council Presentation March 20, 2018 Aerial Overview 0 - o� o� ° N a Starlight Estates Unit 1 Subdivision 0 Public Improvements for Grid Main Waterline o o e 2-inch r d ai 4 to lin r o o �r CL-�)— Staff Recommendations Approve the proposed reimbursement agreement. CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID March 20, 2018 Ordinance 18-0018 Agenda Title: Construction Contract—American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades PROPOSED ACTIONS/RECOMMENDATIONS ➢ Approval on First Reading ➢ Staff Recommendation: o Appropriate $1,042,200 from Hotel Occupancy Tax (HOT) Fund; o Amend Operating Budget by $1,042,200 o Authorize execution of construction contract ■ To Cordova Construction Company, Inc.. of Nacogdoches, Texas ■ In the amount of$783,210 ■ For upgrades to restrooms in American Bank Center & Exhibition Hall & Convention Center SUMMARY ➢ Project approved in 2017 Capital Improvement Program (CIP) budget o Bid schedule - Unable to award contract before end of FY 2017 ■ Original Bid — Received single bid October 11, 2017 • Significantly exceeded probable cost estimate • Rejected bid for lack of adequate competition & rebid project o Funds fell to HOT Fund balance o Requires Ordinance to appropriate funds & amend Operating Budget ➢ Restroom Conditions: o Last renovated - 2005 o Post event surveys— poor appearance and condition of restroom facilities o Unable to adequately prepare facilities pre-event due to high use and age ➢ Project renovates and upgrades restroom facilities PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Approved funds from 2017 CIP Budget available in HOT Fund balance ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Ordinance ➢ Project Budget ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Approval on Second Reading Project No.E15191 KM/0 Rev.1—03/08/18 Item Details Legistar # 18-0018 Construction Contract —American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades Council Meeting Dates: Item Being Considered: Future Item — March 20, 2018 Ordinance Action Item - March 27, 2018 RECOMMENDATION: Appropriate $1,042,200 from the Unreserved Fund Balance in the Hotel Occupancy Tax Fund; change the Operating Budget by the amount of$1,042,200; and authorize execution of a construction contract with Cordova Construction Company Inc., out of Nacogdoches, Texas in the amount of$783,210 for the American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades. PROJECT SCOPE: This project renovates twelve restrooms on the first and second floor. Work consists of removal and replacement of fixtures and partitions with new wall and floors finishes, lighting upgrades and miscellaneous items including soap and paper towel dispensers, mirrors, etc. Work also includes mechanical (heating ventilation & air conditioning), electrical and plumbing upgrades with other items necessary to meet current code and ADA requirements. BID SUMMARY CONTRACTOR BASE BID Cordova Construction Company Inc. Nacogdoches, Texas $ 786,210.00 Gourley Contractors, LLC Corpus Christi, Texas $ 886,071.26 Spawglass San Antonio, Texas $ 990,876.72 Barcom Construction Inc. Corpus Christi, Texas $1,057,120.43 Abba Construction, Inc. L $1,235,150.00 Laredo, Texas JE Construction Services Corpus Christi, Texas $1,52,351.00 Engineer's Opinion of Probable Construction Cost $ 899,490 SUMMARY: Post event surveys from events held at the ABC routinely comment about the poor appearance and condition of restroom facilities that were last renovated in 2005. As well, maintenance and cleaning crews are unable to adequately prepare the restrooms in advance of events because of the age and high use of those facilities. Project No. E15191 1 W/O Rev.0—03/02/18 This project addresses the customer concerns combined with critical input from maintenance staff to improve conditions and reduce maintenance costs. City Staff and the design architect/engineer carefully reviewed the scope and price and determined that the proposed bid submitted by Cordova Construction Company, Inc., is fair and reasonable. The architect/engineer for this project, LNV Engineering, Inc., was selected under RFQ No. 2014-08. This is the Re-Bid of the project. The first bid was conducted on October 11, 2017 with only one responsive bidder. The bid significantly exceeded the probable cost estimate and was rejected due to lack of adequate competition. This project is an approved American Bank Center (ABC) Capital Outlay Project funded from the 2017 Hotel Occupancy Tax Funds. The original bid of the project occurred at the end of Fiscal 2017 and a construction contract was not awarded before the end of the fiscal year. As a result, the budgeted funds fell to the Hotel Occupancy Tax Fund balance. An Ordinance is needed to appropriate the funds and amend the Fiscal 2018 budget for the construction contract to be awarded and the project executed. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No.E15191 2 KM/C1 Rev.0—03/02/18 Pagel of 2 ORDINANCE APPROPRIATING $1,042,200.00 FROM THE UNRESERVED FUND BALANCE IN THE HOTEL OCCUPANCY TAX FUND; CHANGING THE OPERATING BUDGET IN THE AMOUNT OF $1,042,200.00; AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH CORDOVA CONSTRUCTION COMPANY INC., OF NACOGDOCHES, TX IN THE AMOUNT OF $786,210.00 FOR THE AMERICAN BANK CENTER & EXHIBITION HALL & CONVENTION CENTER RESTROOM UPGRADES PROJECT. (CAPITAL OUTLAY PROJECT FY 2018). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,203,655 from the Unreserved Fund Balance in No. 1030 Hotel Occupancy Tax Fund is appropriated into the No. 1030 Hotel Occupancy Tax Fund Org 13606. SECTION 2. The FY 2018 Operational Budget is changed to increase expenditures by $786,210.00 SECTION 3. The City Manager or designee is authorized to execute a construction contract with Cordova Construction Company Inc., of Nacogdoches, Texas in the amount of $786,210.00 for the American Bank Center & Exhibition Hall & Convention Center Restroom Upgrades project. (Capital Outlay Project FY 2018) That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20187 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 , 20187 by the following vote: 001 93Ordinance-ABC Center Re-Bid March 2018 Page 2 of 2 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 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 001 93Ordinance-ABC Center Re-Bid March 2018 PROJECT BUDGET ESTIMATE American Bank Center& Exhibition Hall & Convention Center& Restroom Upgrades Capital Outlay Project FY2018 PROJECT FUNDS AVAILABLE: Hotel Occupancy Tax Fund 1,042,200 TOTAL FUNDS AVAILABLE............................................................................................ 1,042,200 FUNDS REQUIRED: Construction:................................................................................................................. 864,831 Construction (Cordova Construction Company) THIS ITEM......................... 786,210 Contingency (10%).................................................................................. 78,621 DesignFees:................................................................................................................. 45,340 LNV, Inc................................................................................................. 45,340 Inspection and Testina:.................................................................................................... 35,622 Construction Inspection (Estimate) 33,622 Construction Materials Testing (Estimate).................................................... 2,000 Reimbursements: 63,934 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).................. 25,174 Engineering Services (Project Mgt)............................................................. 37,760 Misc. (Printing, Advertising, etc.)................................................................ 1,000 TOTAL......................................................................................................................... 1,009,727 ESTIMATED PROJECT BUDGET BALANCE...................................................................... 32,473 ortlan N NUECES BAY SCALE: N.T.S. 181 ° SHIP CHAN CORPUS CHRISTI PROJECT LOCATION i Qom � LEOPARD O a z eq 0 � � h/N 286 F- ORGP O 358 > M O° �! O Z CORPUS CHRISTI BAY �41 0�0 2�k MOgR � cO<<ry ��Fs /10 00 TEXAS A&M UNIVERSITY A. NO<<Y CORPUS CHRISTI O� Q 358 ZZ DD �SgRgTOcq3�m Qr� Mc�RO�F CABANISS 0 Z OSO BAY QCORPUS FIELD NAVAL AI <u Qv O �v o FLOUR BL � 2 358 286 °3' �QO W 4� n � - J �sF LOCATION MAP �o m� NOT TO SCALE Project Number: E15191 American Bank Center & CITY COUNCIL EXHIBIT Exhibition Hall & Convention CITY OF CORPUS CHRISTI,TEXAS WQ Center Restrooms Upgrades DEPARTMENT OF ENGINEERING SERVICES ,A Corpus Chr sti Engineering American Bank Center & Exhibition Hall & Convention Center & Restroom Upgrades Council Presentation ��: March 20, 2018 Project Location C Corpus Chr sti Engineering NUECES BAY N s SCALE:N.T.S. CORPUS CHRISD AMERICAN BANK CENTER& EXHIBITION HALL&CONVENTION CENTER RESTROOM UPGRADES CORPUS CHRISR BAY a 2 y R 88pp p� OSO BAY Q NR mw P � � FLOUR BLUFF Project Vicinity Corpus*Ch,sti Engineering .3/ SCALE:N.iS b 18-1 a i� AMERICAN BANK y CENTER csacasl L i Project Scope ICON ! Corpus Chrsti E-v)� Engineering This project includes repairs and upgrades to twelve (12) restrooms at the American Bank Center (ABC) Exhibit Hall and Convention Center areas. Work includes: • Removal/Replacement of the fixtures, partitions, wall finishes and miscellaneous items (soap & towel dispensers) • Mechanical, Plumbing & Electrical upgrades to lighting, HVAC and plumbing with more energy efficient systems • Improvements to ensure compliance with the current Americans with Disabilities Act and Texas Accessibility Standards requirements ❖ Work will be coordinated with scheduled events at the ABC Exhibit Hall and Convention Center Project Schedule A J Corpus Chr'sti Engineering 1 • IJI F M A M J J A S O N Bid/ Award ir Construction Project Construction Estimate ;zz� 8 Months Projected Schedule reflects City Council award in March 2018 with anticipated completion in November 2018. CITY COUNCIL EXECUTIVE SUMMARY Council Priority STREETS Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Andres Leal, Jr., P. E., Director of Street Operations Meeting Date Agenda Category Le istar ID March 20, 2018 Ordinance 18-0285 Agenda Title: Amend Code of Ordinances to decrease the speed limit on Beach Access Road 3A; providing for penalty PROPOSED ACTIONS/RECOMMENDATIONS ➢ Approval on First Reading ➢ Staff Recommendation: o Amend Code of Ordinances, Chapter 53-255 Schedule VI o Reduce speed on Beach Access Road 3A to 15 MPH o From Saint Bartholomew Avenue to the beach SUMMARY ➢ Beach Access Road 3A improved under Bond 2014, Proposition 2 ➢ No current posted speed limit o State default speed limit— 30 MPH ➢ Engineering and traffic investigation and speed study performed o Determined 15 MPH speed limit appropriate PRIOR COUNCIL ACTION ➢ None. ➢ January 22, 2018 —Transportation Advisory Commission recommended approval of amendment FINANCIAL CONSIDERATIONS ➢ None ALTERNATIVES ➢ Approve Ordinance amendment. SUPPORTING DOCUMENTS ➢ Item Details ➢ Ordinance ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Approval on Second Reading Project No.E15108 CH/VP Rev.0—03/05/18 Item Details Legistar # 18-0285 Ordinance —Amending State Speed Limit in Certain Zones, Beach Access Road 3A Council Meeting Dates: Item Being Considered: First Reading — March 20, 2018 Ordinance Second Reading - March 27, 2018 RECOMMENDATION: Approval of Ordinance amending the Code of Ordinances, Chapter 53, Section 53-255 Schedule VI, to decrease the speed limit on Beach Access Road 3A, from Saint Bartholomew Avenue to the beach. SUMMARY: Beach Access Road 3A on North Padre Island was rebuilt with concrete pavement from Saint Bartholomew Avenue to the easterly end with the beach under Bond 2014, Proposition 2. Under Texas Legislative Code Section 545.352, the prima facie (default) speed limit for Beach Access Road 3A is 30 MPH. A municipality has the authority to alter a speed above or below the prima facie speed limit based on an engineering traffic investigation. Under the Urban Transportation Plan, Beach Access Road 3A is functionally classified as a C1 Minor Residential Collector. It is a 0.11-mile-long street that consists of two narrow 10-foot wide travel lanes with a horizontal curve along sand dunes. It carries an average daily traffic volume of 516 vehicles per day (2016), A staff investigation determined there was no existing ordinance that altered the speed below the 30 MPH default speed limit on Beach Access Road 3A along the subject area. To determine the posted speed limit, an engineering and traffic investigation and speed zone study must be performed. In Texas, the guidelines and procedures for an engineering and traffic investigation and speed study can be found in the Texas Department of Transportation's (TxDOT's) Procedures for Establishing Speed Zones. An engineering and traffic investigation considers factors such as existing roadway features (curves, surface width, constrained shoulder width, etc.), crash history, cross streets, school crossings, and sites that generate traffic. Speed studies determine the 85th percentile speed, which represents the speed most drivers will be traveling at or below, so they are conducted during average weekdays and under favorable weather conditions. The recommended speed limit is generally set to the nearest value ending in 5 or 0. Guidelines in TxDOT's Procedures for Establishing Speed Zones permit a reduction in the final speed limit to less than 10 MPH below the 85th percentile speed based on engineering judgment and factors considered during the traffic investigation. Staff considered several factors: (1) lack of shoulders, (2) narrow pavement width, (3) beach access, and (4) lack of street lighting. Because 125 cars cannot be checked during the two-hour speed check, staff drove several trial runs at the selected speed of 15 miles per hour. Based on the engineering and traffic investigation factors, the City Traffic Engineer deemed a speed of 15 miles per hour as reasonable for the conditions on Beach Access Road 3A. Project No.E15108 1 CH/VP Rev.0—03/05/18 PREVIOUS COUNCIL / BOARD ACTIONS: January 22, 2018 - City Transportation Advisory Commission recommended approval of ordinance amendment. Project No. E15108 2 CH/VP Rev.0—03/05/18 Ordinance amending Code of Ordinances to decrease the speed limit on Beach Access Road 3A; providing for penalty WHEREAS, in accordance with the Texas Transportation Code and City Code of Ordinances, the maximum reasonable and prudent speed upon the streets of the city is 30 miles per hour; WHEREAS, upon the basis of an engineering and traffic investigation, City Council can declare a different speed to be the maximum reasonable and prudent speed; WHEREAS, speed studies determine the 85th percentile speed, which represents the speed most drivers will be traveling at or below, but the final speed limit may be reduced up to 10 miles per hour based on engineering judgment and other factors considered during the engineering and traffic investigation; WHEREAS, the speed study on Beach Access Road 3A, from Saint Bartholomew Avenue to the beach, determined that the 85th percentile speed was 15 miles per hour; WHEREAS, other factors considered during the engineering and traffic investigation were (1) lack of shoulders, (2) narrow pavement widths, (3) beach access, and (4) lack of street lighting; WHEREAS, based on the engineering and traffic investigation, the final speed limit on Beach Access Road 3A, from Saint Bartholomew Avenue to the beach should be reduced to 15 miles per hour. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-255 Schedule VI, Decrease of state law maximum speed revised as follows.. "Sec. 53-255. — Schedule VI, Decrease of state law maximum speed. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the the following street is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the speed limit shall be as herin set forth on those streets Page 1 of 3 or parts of streets herein designated at the time specified when signs are erected giving notice therof: Beach Access Road 3A: From Saint Bartholomew Avenue to beach — 15 mph — At all times. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinace shall be held invalid or unconstitutional by final judgement of a court of cometent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. 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 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 181 SHIP CHANNEL NQ O SCALE: N.T.S. AERIAL FLOWN 2014 286 9 O 0, Fa CORPUS CHRISTI BAY � 9 ti� T tiF s� O �o �RpGF G4ygR �s Sp GO OC� TEXAS A&M UNIVERSITY OH /YpGG} 358 CORPUS CHRISTI �i ZZ �O �Tp 3� gRpGe O Gq i �� a OSO BAY CORPUS CHRISTI NAVAL AIR STATION �v a° FLOUR BLUFF �o 358 O SO w Z J <"� a O O O � opo yoR�'p GP 3a' 361 O � PROJECT LOCATION P22 °o BEACH ACCESS ROAD 3A PgCKE Y HAN EL LAGUNA MADRE HITEC GULF OF MEXICO CITY COUNCIL EXHIBIT BEACH ACCESS ROAD 3A SPEED ZONE CITY OF CORPUS CHRISTI,TEXAS LOCATION MAP DEPARTMENT OF STREET OPERATIONS VONI _ _ Corpus Chr sti Engineering Amending State Speed Limit in Certain Zones (Beach Access Road 3A) City Council Presentation March 20, 2018 Location Map CC.,,.,*Ch,sti Engineering �s�y SCALE:N.T.S. r cartrus a�mm 050 BAY pp Q COR IF RISnN C FLOUR BLUFF I srs 50 v g a� �o �P xi O� PROJECT LOCATION "" b BEACH ACCESS ROAD 3A CIL LAGUNA MADRE GULF OF MEXICO 2 S C�5- Vicinity Map CC.,,.,Chr sti Engineering SPEED LIMIT 15 , IL I 9 { n ' y / �. �ps� ss ter- car .��-'� rc Y...i f.,,.� r E ,;��i. `• L R. xr 3 Sco e �.-� � Corpus Chr'sti Engineering • Prima Facie Speed - Reasonable and Prudent Speed in Normal Conditions ➢ 30 MPH (State Speed Limit) for Urban Districts in Texas ➢ Increasing or Decreasing Requires an Ordinance Amendment • Establishing a 15 MPH Speed Limit along Beach Access Road 3A ➢ From Saint Bartholomew Avenue to beach l Corpus Chrsti Engineering uestions?Q SC o� � AGENDA MEMORANDUM NCORP08 I Future Item for the City Council Meeting of February 20, 2018 1852 Action Item for the City Council Meeting of March 27, 2018 DATE: February 20, 2018 TO: Margie C. Rose, City Manager FROM: Fred Segundo, Director of Aviation Fred S(a)cctexas.com (361) 289-0171 ext. 1213 Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim B2(o-)_cctexas.com (361) 826-3169 Business Development Services for Corpus Christi International Airport CAPTION: Motion to execute a five-year service agreement with Trillion Aviation, Austin, Texas, in the amount of $600,000, for business development services for the Corpus Christi International Airport based on the best value for the City. PURPOSE: The purpose of this agreement is to obtain consulting services for business development and air services for the Corpus Christi International Airport. BACKGROUND AND FINDINGS: The Contractor will provide full service consulting that will incorporate contemporary industry accepted terms and conditions into a variety of business and air service applications. The services will be responsive to the state of affairs of the aviation industry and applicable to the specific needs of the Corpus Christi International Airport. The Contractor's expertise will help maintain a positive financial and air service environment using industry best practices. The Contractor will also conduct a variety of airport-related business advisory services. The RFP was issued and advertisement was placed in The American Association of Airport Executives publication as well as the local Caller Times. One proposal was received. Minimum qualifications were evaluated under a pass/fail system, along with the firm's experience and understanding of the scope of work as outlined in the RFP. The firm was also interviewed and scored based on the same published criteria for a final score. Staff recommends awarding a service agreement to Trillion AV LLC, dba Trillion Aviation for business development services for Corpus Christi International Airport. ALTERNATIVES: 1,) Authorize three FTEs to provide business development, air service development and data mining services at an annual cost of approximately $245,000. 2.) Issue separate RFPs for business development, air service and data mining. 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: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $188,899.66 $520,000.00 $708,899.66 Encumbered / Expended Amount $88,998.95 $0.00 $88,998.95 This item $80,000.00 $520,000.00 $600,000.00 BALANCE $19,990.71 $0.00 $19,900.71 Fund(s): Airport Comments: The contract value total is $600,000.00, of which $80,000.000 will be funded in FY2017-2018. The balance will be requested during normal budgeting process for future years. RECOMMENDATION: Staff and Airport Board recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: RFP Matrix — Business Development Services for CCIA Service Agreement No. 1245 Presentation Informal Staff Report Airport Board Support Letter RFP No. 1245 Business Development Services for Corpus Christi International Airport Sr. Buyer - Roberta Ortiz Proposal Evaluation Trillion Av, LLC dba Trillion Aviation Minimum Qualifications Required five years experience providing Business Development Pass Services to Internation Airports No outstanding lawsuits during last 5 years or current litigation with the Pass City during last 5 years No outstanding regulatory issues last 5 years Pass References Provided for firm Pass Technical Proposal Technical Proposal (50 points) 48.33 Experience (20 points) Understanding of Project Scope (30 points) Interview Interview (30 points) 29.67 Experience (18 points) Understanding of Project Scope (12 points) Price Price (20 points) 20 Totall 98 RFP No. 1245 Business Development Services for Corpus Christi International Airport Technical Proposal Results Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Average Trillion Av, LLC dba Trillion 1. jAviation 501 481 471 48.33 Interview Results Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Average Trillion Av, LLC dba Trillion 1. jAviation 1301 301 291 29.66667 Pricing Points Loaded Price Firm Names with travel Points Trillion Av, LLC dba Trillion 1. lAviaton Business Development $185.00 Air Service Development $185.00 Average $185.00 20 "The points are based on ---the Proposer with the lowest average price is given the full 20 points. SC 0 > SERVICE AGREEMENT NO. 1245 U Business Development Services for bO RPOR Af� 1852 Corpus Christi International Airport THIS Business Development Services for Corpus Christi International Airport Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Trillion Av, LLC dba Trillion Aviation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide business development services for Corpus Christi International Airport in response to Request for Bid/Proposal No. 1245 ("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 Business Development Services for Corpus Christi International Airport ("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 60 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 $600,000.00, 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 10/2/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Kim Bridger-Hunt, MPA Department: Corpus Christi International Airport Phone: (361 ) 289-0171 Ext. 1290 Email: KimB@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 10/2/17 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 10/2/17 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: Kim Bridger-Hunt, MPA Title: Marketing Manager Address: 1000 International Drive, Corpus Christi, TX 78406 Fax: (361 ) 826-4266 IF TO CONTRACTOR: Trillion Aviation Attn: Dan Benzon Title: President Address: 4301 W. William Cannon Dr., Suite B-150 #293, Austin, TX 78749 Fax: (877) 239-7734 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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 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 10/2/17 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. 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 Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 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) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 CONTRACTOR Signature: Printed Name: 4e%44,( tlZC , Title: Pr-1, 1 �..�- Date: 11211 U 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. 1245 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1. General Requirements Contractor will conduct a variety of airport-related business advisory services. Contractor will provide full service consulting that can incorporate contemporary industry accepted terms and conditions into a variety of business and air service applications that are responsive to the state of affairs of the aviation industry and applicable to the specific needs of the Corpus Christi International Airport. The Contractor's expertise will help maintain a positive financial and air service environment using industry "Best practices". Airport staff and the Contractor will develop an annual Statement of Work prior to each year of the contract. 2. Scope of Work A. Business Development and Implementation: 1 . Contractor will assist airport staff in developing future business initiatives and agreements that are in keeping with all regulatory requirements of a commercial airport and that maximize use of airport land and assets. 2. Future projects include, but are not limited to, a convenience store, hotel, possible redevelopment of the East Fixed Base Operator (FBO), development of a new aeronautical and educational facilities, and the filing and tracking of Passenger Facility Charge (PFC) application to the Federal Aviation Administration (FAA), and formation of a strategy for engagement of airline property representatives in new airline use and lease agreements. B. Air Service Development: 1 . Contractor will assist the airport staff in maintaining current air service and in securing new air service and routes. 2. Contractor will access and analyze airline and airport data to be used in evaluating specific passenger routes and will formulate a plan to address the deficiencies. 3. Contractor will develop detailed written proposals and professional presentation materials for meetings with targeted air carriers. 4. Contractor will assist the Department of Aviation in scheduling and facilitating meetings with domestic and international air carriers regarding new or improved service to the community. 5. Contractor will develop a strategy and detailed plan for reducing passenger leakage to other regional airports that are within driving distance of CCIA. 6. Contractor will develop passenger forecast analyses and prepare quarterly reports to assist aviation in future planning. 7. Contractor will assist the staff in strategies to attract new service and in communicating effectively with the various airline representatives. Page 1 of 2 C. Financial Compliance and Planning: 1 . Contractor will facilitate and assist the airport staff in non-airline revenue strategies, operational budget planning and identifying sources and uses of airport funds that comply with all applicable regulations. 2. Contractor will assist the airport in planning a multi-year finance strategy for a terminal rehabilitation project that is expected to begin in Fiscal Year 2018. 3. Contractor will assist with budget, forecasting and variances that will impact Corpus Christi International Airport as a result of a new rate model being introduced into the airline use and lease agreements that are expected to take effect in the fall 2017. Page 2 of 2 oo. uS Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION 1852, RFP No. 1245 Business Development Services for CCIA DATE: p OI PAGE I OF 1 (61110ki A41LC, PROPOSER AUTHORIZE6%1'GN XfU—1ZE--------- 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices-, b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION UNIT HOURLY RATE 1.0 Hourly Rate to complete Business Development HR 113Sto, Service projects 2.0 Hourly Rate to complete Air Service Development HR #186' projects Note: Travel expenses and materials required to complete the projects and tasks outlined in the agreed annual Statement of Work will be reimbursed at actual costs. Receipts will be required for reimbursement. Page 1 of 1 Attachment C: Insurance and 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 Director of Health Department one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 ERRORS & OMISSIONS $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • 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 - CCIA Business Development Consultant for Airport Related Business Advisory Services 09/13/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Warranty is not required for this Service. Page 1 of 1 CIrlAk �0 AM& 0.0 0 CORPUS OAIRPORT RFP No. 1245 - Business Development Services [rillion A V I A T 1 O N Examples of Trillion Assignments at CRP Airline Use and Lease Agreements American, joutnwest, United/Continental Air Service Development See slides below Development Deals U.S. Coast Guard, Fed Ex Ground, Fixed based operators RAC QTA Facility, Sterling Air-Medical Transfer Facility Concessions RFPs and contracts Advertising, Food and Beverage, Parking Lot conversion Land and Facility Appraisals Financial Assistance • Rates and charges modeling, Staffing modeling and overhead work plan • Capital infrastructure planning, Strategic planning and quarterly capital and operating budget reviews Financial Impact of Past Projects (a few examples) Trillion has created significant savings and revenue generation for CRP: • Developed a staffing, financial and refinancing plan for CRP and convinced the bond rating agencies of its merits: $240K per year run rate savings - Used the savings as matching funds to pay for $60MM worth of airfield improvements at CRP • Outsourced parking lot operations at CRP (through bid) to a top management firm resulting in a combination of savings in staff and stronger revenue to the airport: $150K per year run rate • Negotiated ground lease terms with developers for the U.S. Coast Guard facility at CRP: $100K per year run rate minimum • Negotiated new agreements with the FBOs resulting in net increase of $250K per year run rate plus tenant paid improvements to facility infrastructure These four examples alone have resulted in a 6x R01 and are key non-airline revenues for CRP to fund airport operating costs Air Service Development Priorities for CRP Keep Current Airlines and Air Service All three major airlines continue to serve CRP Expand new routes of Current Airlines 11 Discussions with each on second routes for CRP Seek new routes from New Airlines, including ULCCs See list of airline meetings AirlinesWhat Do _ • • New Markets? DailDestination Markets from CRP y Passenger Demand to Topdemand in key Average particularly for • airports Daily O&D O&D One-Way Rank Destination Passengers Revenue Fare • 1 Dallas/Fort Worth,TX(DFW) 77 $13,656 $1T7 High profitabilityand high Load z Dallas-Love,TX(DAL) 46 $5774 $125 Factors •m current air service 3 Houston-Hobby,TX(HOU) 39 $5,457 $141 4 Houston-Intercontinental,TX(LAII) 31 $4,308 $140 • Travel 5 New Orleans,LA 23 $4,456 $191 growth, 6 Denver,CO 22 $4,142 $188 closely to economic gr • 7 Las Vegas,NV a $4,024 $188 8 Orlando,FL(MCO) 18 $3,364 $189 to a lesser extent, population9 Washington-National,D.C. 16 $3,722 $230 • •wth (Economic > Population) to Los Angeles,CA 15 $3,520 $231 u Newyork-La Guardia,NY(LGA) 13 $3175 $z36 • 12 Atlanta,GA 13 $z,5z9 $l90 High income travelers from13 San Diego,CA 12 $z,8o5 $225 industries with s 14 Phoenix,AZ(PHX) 12 $2,523 $212 15 Kansas City,MO a $1,982 $173 demand 16 Nashville,TN a $2,121 $194 17 Tulsa,OK a $2,155 $199 Per 18 Minneapolis-St.Paul,MN 11 $z,5oo $z34 Councilman Corpus 19 Baltimore,MD a $2,232 $209 communityChristi • get more people on the planes Source-20 Oklahoma City,OK l0 1810 ?Z5 Total All Markets 856 $2o2,oi9 $2g6 . .(DOT Report D: e � i Air Service Approaches • CRP and Trillion's approach has been consistent with that of other Trillion clients and other ASD firms in the industry • Community / stakeholder meetings • Internal data analysis, catchment, leakage, assessment • Apply for grants to supplement service • Incentives rates and charges discounts (from airport) for new destinations • Conference attendance and meetings • Airline headquarters meetings and presentations • Other options (Can do vs. Recommend) • Cast a wider net to market less probable airline opportunities • Provide a community subsidy to buy airline service (FAA does not allow the airport to provide) • More community collaboration; emphasize "fly local" marketing campaign Current and Upcoming Tasks Business/Finance: • Airline lease completion • Airline capital and operating budget meeting • Ongoing REtC modeling and budget management assistance • RAC RFP process and negotiations (and associated capital plan) • USCG Transition assistance and Operating Budget development • RFP Hotel / C-Store / Gas (may be a subset of these depending on demand) • RFP Commercial Self Fueling • Airport Board and Executive Committee presentations • Terminal Assessment (assist Engineering firm) • Negotiation with airlines for the transition plans for implementation of project elements • Quarterly Sources Et Uses of funds "whiteboard"sessions • Assistance with commercial development opportunities and owner's rep with selected developers • Airport Strategic Planning Air Service Development and Analysis • City/Airport Stakeholder Presentation • JumpStart Conference (meeting requests to most domestic airlines) • SCASD grant application • Airport Leakage Update • Airline headquarter meetings • Air Service Incentive Policy draft and adoption • Quarterly updates on fare, capacity and leakage trends Questions and Answers Questions? 0 O INFORMAL STAFF REPORT 'PCORPOR 1EO 1852 MEMORANDUM To: Margie C. Rose, City Manager Thru: Sylvia C. Trevino, Assistant City Manager From: Fred Segundo, Director of Aviatio Date: March 12, 2018 Subject: Trillion Aviation Issue/Problem Business Development Services for Corpus Christi International Airport (CCIA). Background & Findings Trillion Aviation has had several consulting services successes during their contract. Below is some representative work that Trillion has provided to the Corpus Christi International Airport and the listed business categories. • Strategic / Financial: o Airport Bonds: Spearheaded the compliance plan and subsequent report to the rating agencies after an Airport bond covenant violation. Assisted in the refinancing of the General Airport Revenue Bond debt to City General Obligation bonds. o Assessment of Passenger Facility Charges (PFC) utilized for bond payments. o Financial Rates & Charges Model: Created a cost center, cost recovery financial model for Airline Rates and Charges. o Vision Development Planning: Quarterly assessments with Airport senior management and Airport Board Executive Committee. o Vision Financial Planning: Quarterly whiteboard sessions that, along with the items listed, have resulted in a significant financial turnaround. o Terminal: Assessment of aging systems and the need to create a long term capital improvement program to address the aging terminal infrastructure. o Board Updates: Quarterly updates for the Airport Board and/or Airport Board Executive Committee that has led to strong alignment on business policies and implementation. • Airlines: o Lease: Negotiated and executed a 5-year lease, at a time when City was concerned about Southwest Airlines exiting the market. o Lease: Negotiated and executed a 3-year extension at a time when airlines were challenging leases similar to the Corpus Christi International Airport's. o Lease: Negotiated a new 3-year lease (pending) that rebalances the City's risk profile with the airlines based on the financial model keeping the financial risk for leased space in the terminal with the airlines. o Advocacy: As former airline representatives, Trillion worked as a conduit to the airlines on critical issues between the airlines and the City on lease, finance, bonding, and fueling issues. • Concessionaires: o Food & Beverage: Through a competitive bidding process, solicited interested bids. Bids included industry leading concessionaires that responded to the Request for Proposal and negotiated an enhanced revenue and capital investment requirement from the concessionaire. o Retail: Redefined the business and development terms for a Request for Proposal for the retail concession at the Airport resulting in increased net revenue to the Airport. o Advertising: Defined a new set of specifications and solicited industry interest for a Request for Proposal process. Bids reflected an upgraded advertising program and negotiated improved business terms. o Parking Lot: Defined the scope of work for a new outsourced parking management program. Negotiated a parking management contract with the top parking management operator in the industry that provided for a significant increase in net revenues to the Airport. • Development and Other Airport Leases: o Appraisals: Initiated the concept at the Airport of assigning a fair market value to all land and facilities at the Airport through an aviation appraisal. Negotiated with an industry leading specialized aviation appraisal specialist to provide fair market values to Airport lands. o FedEx Ground: Negotiated a development agreement for FedEx to locate a FedEx ground facilitv on the Airport landside. The facilitv has been expanded since it opened. o U.S. Coast Guard: Negotiated a development contract with a third party developer to relocate and develop a large US Coast Guard facility at the Airport. Served as the Airport owner's representative through the development phase, governmental approvals, and completion of the facility. o Rental Car Quick-Turn-Around Facility: Negotiated an amendment to the rental car concession agreement to develop and fund a Quick-Tum-Around facility. o Fixed-Based Operators: Defined and significantly improved business terms for the Airport and negotiated a new agreements for the two Fixed-Based Operators facilities. o Medical Transport Facility: Led the development of the term sheet for a new medical transport lease and negotiated the contract for the operator to start a medical transport facility for ambulatory services at the Airport. • Business / Financial Successes o Trillion's efforts on Airport cost savings and revenue enhancements have resulted in greater than a 10x Return On Investment to its contract. • Air Traffic and Air Service Analysis o Grants: ■ Awarded a Small Community Air Service Development grant through the U.S. Department of Transportation for$300,000 to allow the Airport to rebrand and market. o Analysis: ■ Conducted a Leakage and catchment area studies to discern percentage of persons flying from San Antonio and Houston and where they specifically reside in the Coastal Bend. ■ Conducted airfare studies to mark comparisons to competing markets. o Capacity: ■ Through the recession and economic downturns, the Airport has maintained all three airlines when many communities lost one or more. ■ Both American and United have added seats to the market, added two-cabin (first class) service on select flights, and American has flown narrow-body aircraft and United is likely to add as well. I ■ Airline Meeting: Over the past few years, airline meetings with; American, United, Southwest, Delta, Allegiant, SkyWest, Sun Country, SeaPort, Public Charters, Volaris, Viva Aerobus, and Aeromar. o Recent meetings include: ■ An in-person meeting with Allegiant in Corpus Christi to discuss multiple flying markets; ■ A United Airline Corporate meeting in Chicago to discuss increased capacity to Houston and potential future service to Denver. • Recent Air Service Successes at Other Airports o Secured 5 new routes in 2016-17 for the Sonoma County Airport, including service to Phoenix (American and Allegiant), San Francisco (United), Las Vegas (Allegiant) and Minneapolis-St. Paul (Sun Country). o Recently recruited 2 new routes for the South Bend International Airport, including Charlotte (American) and Dallas-Fort Worth (American) service. Both routes start in 2018. Also recruited new service to Newark (United) in 2015. o Worked with the Rick Husband Amarillo International Airport to land new Phoenix service on American Airlines. New service starts in 2018. o Captured new Minneapolis-St. Paul (Delta Connection) service for the Sawyer Regional Airport in Marquette, Michigan. This service started in March 2017. o Assisted the Capital Region International Airport's (Lansing, MI) successful recruitment of American Airlines service to Washington, D.C. and Chicago in 2016. o Supported the Evansville Regional Airport in enlisting new service to Orlando-Sanford and Destin Ft. Walton Beach (Allegiant) and aircraft upgrades to Dallas-Fort Worth (American). o Assisted the Dane County Regional Airport (Madison, WI) in adding new service to San Francisco (United) and Philadelphia (American and Frontier). New service launches in 2018. o Developed air service presentation and forecast that resulted in new American Airlines service to Philadelphia on behalf of the Des Moines International Airport. Starts in 2018. Conclusion Trillion Aviation has the experience and qualifications to provide Business Development Services, including Business/Finance and Air Service to the Corpus Christi International Airport. CCI CORPUS CHRISTI INTERNATIONAL _ AIRPORT 13 March 2018 The Honorable,Joe McComb and City Council Members Corpus Christi City Council 1201 Leopard Street Corpus Christi,Texas 78401 Dear Mayor McComb and Members of the City Council: This letter is to reaffirm that the members of the Airport Board voted unanimouslyto recommend Trillion Aviation as the Airport's consultant. The unanimous vote was based upon the ongoing return on investment achieved in recent years. From the Public-Private partnerships that led to FedEx Ground and the U.S. Coast Guard,to the fixed-based operators(FBO's),Trillion has helped the airport staff grow revenue and strengthen our relationships with the airlines. Trillion's vast network within the airline industry has helped lay the ground work for new airline lease agreements that once completed,will improve the airports financial position moving forward. The Airport Board strongly recommends approval of this agreement. A vote for this contract will give the airport staff the critical help it needs to navigate the ever changing world of aviation and airline activity. Very respectfully, Jay Wise CCIA Board Chairman 1000 International Drive Corpus Christi,Texas 78406 P 361.289.0171 F 361.826.4286 1 7ycaaxom SC o� Va. AGENDA MEMORANDUM v First Reading (Postponed) for the City Council Meeting of February 27, 2018 ,NOORPOBPIFirst Reading for the City Council Meeting of March 20, 2018 1852 Second Reading for the City Council Meeting of March 27, 2018 DATE: February 15, 2018 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema(aD-cctexas.com 886-2603 Amending the Code of Ordinances to increase alarm permit fees and adopt a new animal care service fee schedule CAPTION: Ordinance amending Corpus Christi Code to increase alarm permit fees; adopting new animal care service fee schedule; and providing for publication PURPOSE: These changes will cover administrative costs incurred in the processing of alarm permits BACKGROUND AND FINDINGS: The changes to the ordinance are: 1. Sec. 3'/2-2. (d) - Permit required; fees,The annual, nonrefundable fee for an alarm permit is thiFty five del!aFG ($35.99-)fifty dollars ($50) for residential and seventy- five dollars ($75) for commercial. The residential fee is at the State maximum. 2. City Ordinance 6-15 requires a fee schedule to be submitted to the City Secretary annually. The fee schedule is attached. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $232,411 $232,411 $232,411 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance and fee schedule. LIST OF SUPPORTING DOCUMENTS: Ordinance Animal Care fee schedule Presentation Ordinance amending Corpus Christi Code to increase alarm permit fees; adopting a new animal care service fee schedule Whereas, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A and Exhibit B; Whereas, Texas Local Government Code §214.204 limits municipal alarm permit fees to $50 a year for a residential location; and $250 a year for other alarm system locations; Whereas, Corpus Christi Code of Ordinances §6-15 requires City Council approval of an increase of fees annually by more than 25%; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 3 '/2, Sec. 3'/2-2(d) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (d) The annual, nonrefundable fee for an alarm permit is +Miry-five dollars ($35:90) $50 for residential and $75 for commercial. Section 2. The Animal Care Service Fee Schedule attached in Exhibit C is hereby approved by City Council. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 6. This ordinance takes effect after official publication. Section 7. The Corpus Christi Code of Ordinance, Chapter 6, Sec. 6-15 is amended by adding the following language that is underlined ( ) and deleting the language that is stricken ( ) as delineated below: 1 Sec. 6-15. - Fee schedule. !G86 maRager shall prepare the initial c6r--hed-ule -I all 1--40 an�i-Q:ffGGtim8 61PG- th8 n�;m�ag r'o appreyial �Gll n �i�io onhppI,ilo io 6-118-18 s11hi }�.., s.3 h�r'� evF�ei .ini-! .innreyal rens iiFeme�rRt GR .in .�nn11al baGis S61 a�uJGG��A tti{�c� cgzrrr foes may net inGre.ase ann11ally by mere fhaR tW8Rt y fide (25) Ger Genf Ger may , RP-Y.9 f19ecca-RhhccrP—At c i , resell 1fi19n EaGh annrePiei-! snhe9-111119 mi isf he fi1e91 Vyifh fhe nifv senretaFy and TT�7CTCT'CTCIT Fees for animal care services shall be charged pursuant to the Animal Care Service Fee Schedule filed with the City Secretary. Animal Care Fee Schedule will be submitted to City Council annually for review. Any adjustment of the Animal Care Service Fee Schedule requires City Council approval. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, 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 , 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 CITY OF CORPUS CHRISTI Animal Care Services Fee Schedule for Fiscal Year 2017-2018 Sec. 6-14. Reapplication upon denial of FY2016-2017 FY2017-2018 registration or permit Fee Fee Reapplication upon denial of reg. or permit 10.00 57.00 Sec. 6-27. Fees. Licensing Fees Fee Each dog or cat lyr vaccine 6.00 6.00 Each dog or cat 3yr vaccine 12.00 12.00 Sec. 6-29. Issuance and wearing of tag Fee Fee Replacement of tag 6.00 12.00 Sec. 6-32. Dangerous dog registration Fee Fee Dangerous dog registration *50.00 *50.00 * Set by §822.043 Health and Safety Code Sec. 6-54. Fees (Permits) Fee Fee Auctions 50.00 57.00 Circuses 50.00 200.00 Grooming Shops 50.00 57.00 Guard Dogs - Single dog/Multiple 50.00 50.00 dogs/Single site/Multiple sites Kennels 50.00 57.00 Performing Animal Exhibit/Exhibition 50.00 57.00 Pet Stores 50.00 57.00 Horse Stables 50.00 57.00 Sec. 6-103. Impoundment Fee Fee Unregistered animal, excluding livestock 25.00 30.00 Registered animal, excluding livestock 25.00 30.00 Livestock 25.00 30.00 Second and subsequent impoundment within 50.00 50.00 12 months: Animals, excluding livestock- Second and subsequent impoundment within 50.00 50.00 12 months: - Livestock Sec. 6-103 (D)(2)Boarding Fees Per Diam Fee Fee Daily boarding fees (Return to Owner) 10.00 13.00 Rabies vaccine fee (Return to Owner) 10.00 10.00 Microchip fee (Return to Owner) 10.00 15.00 Species appropriate vaccination on intake 10.00 10.00 (excludes rabies) (Return to Owner Adoption Fee Fee Fee Domestic dog or cat *25.00 *25.00 *For animals over 6 months old and in good health- 1 Includes spay/neuter,microchip,rabies vaccination, city license(if applicable) Sec. 6-104. Small animal traps Fee Fee Rental fee for small traps 10.00 50.00 Lost, stolen, or damaged trap 75.00 75.00 Sec. 6-105.Dead animal pick-up service fee Dead Animal Pickup for each animal *5.00 *Dead Animal Pickup is performed by Solid Waste Services Sec. 6-127.Rabies impoundment and quarantine Fee Fee' Animal head shipment—stray animal 75.00 150.00 Animal head shipment—owned animal 75.00 150.00 Quarantine fee of domestic animal 20.00 per day 20.00 per day 10.00 microchip 10.00 microchip *This fee will be in addition to impound,microchip, 8:00 rabies 8:00 rabies license,and rabies vaccination fees. 6.00 city lic 6.00 city lic 10.00 for additional 10.00 for additional days days over 10 over 10 Sec. 6-128. Spay/neuter clinic fees Fee Fee Spay/neuter clinic fees 50.00 50.00 *ACS no longer runs a public spay/neuter clinic to the general public. All associated fees should be deleted. Targeted Spay/neuter clinic fees n/a n/a *Charging grant for surgery/vaccination package within a targeted area. These fees are effective upon city council's approval pursuant to Chapter 6, Section 15 of the Corpus Christi Code and shall remain in effect until a successive schedule is approved. Such fees may not increase annually by more than twenty-five (25)percent nor may new fees be created without city council's approval by motion or resolution. 2 YOLC��OFFICER �roroaaxq�yi �1 /PSL IC' EXA Police Recommended Fee Changes Council Presentation March 27, 2018 Alarm Permit Fee Changes CURRENT I PROPOSED Current Fee Proposed% Per Service or Full Cost of Current% Proposed Cost $ Service of Item Item Service Cost Recovery Fee Recovery Change %Change Alarm Permit—Residential $35.00 $91 39% $50.00 55% $15.00 43% AlarmPermit-Commercial $60.00 $91 66% $75.00 82% $15.00 25% 2 Animal Care Fee Changes 0 CURRENT PROPOSED Current Fee Proposed% Per Service Full Cost of Current% Proposed Cost $ % Service of Item or Item Service Cost Recovery Fee Recovery Change Change Reapplication upon denial of reg.or permit 10.00 57.00 18% 57.00 100% $47.00 470% Replacement of tag 6.00 5.00 116% 12.00 232% $6.00 50% Auctions 50.00 57.00 88% 57.00 100% $7.00 14% Circuses 50.00 623.00 8% 200.00 32.1% $150.00 300% Grooming Shops 50.00 57.00 88% 57.00 100% $7.00 14% Kennels 50.00 57.00 88% 57.00 100% $7.00 14% Performing Animal Exhibit/ Exhibition 50.00 57.00 88% 57.00 100% $7.00 14% Pet Stores 50.00 57.00 88% 57.00 100% $7.00 14% Horse Stables 50.00 57.00 88% 57.00 100% $7.00 14% 3 Animal Care Fee Changes Continued CURRENT PROPOSED Current Fee Per Service or Full Cost of Current% Proposed Proposed% Service of Item Item Service Cost Recovery Fee Cost Recovery $Change %Change Unregistered animal,excluding livestock 25.00 149.00 17% 30.00 20% $5.00 20% Registered animal,excluding livestock 25.00 178.00 14% 1 30.00 17% $5.00 20% Livestock 25.00 178.00 14% 30.00 17% $5.00 20% Daily boarding fees(Return to Owner) 10.00 13.00 76% 13.00 100% $3.00 30% Microchip fee(Return to Owner) 10.00 74.00 14% 15.00 20% $5.00 50% Rental fee for small traps 10.00 85.00 12% 50.00 58% $40.00 400% Animal head shipment 75.00 178.00 42% 150.00 85% $75.00 100% 4 Estimated Future FY Revenue Increase 10 • Alarm Permit Fees total projected annual revenue increase = $212,969 • Animal Care Fees total projected annual revenue increase = $81,215 SC o� Va. AGENDA MEMORANDUM v First Reading Item (Postponed)for the City Council Meeting of 2/27/18 NOORP08 IEO First Reading Item for the City Council Meeting of 3/20/18 1852 Second Reading Item for the City Council Meeting of 3/27/18 DATE: February 21, 2018 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3900 Emergency Medical Services (EMS) Recommended Fee Changes CAPTION: Ordinance amending Corpus Christi Code to adopt ambulance rates schedule and to increase ambulance service permitting fees PURPOSE: The purpose of this item is to approve amending Article 4, Chapter 57 of the Code of Ordinances, City of Corpus Christi, relating to the fees charged for ambulance and emergency medical services. BACKGROUND AND FINDINGS: Throughout 2017, the City or Corpus Christi and MGT of American Consulting Group conducted a User Fee Study of the Corpus Christi Fire Department's Emergency Medical Service fees. A summary of the findings from the study were presented to City Council in December 2017. The Fire Department conducted a fee study and fees were amended in 2009. Since the most recent fee study conducted by MGT, it was discovered that the Fire Department could earn up to an additional $3,298,117.34 in revenue per fiscal year with an upwards fee adjustment of only five service fees and the creation of three additional fees. If the ordinance is amended, the Fire Department will remove 57 of the 60 supplemental fees (see list attached) and replace them with an increased base rate fee for transport of $1,386. The current average billed amount per transport is $1,100, which includes an itemization of all fees. This means that, on average, bills will only increase by approximately $286. Other fee changes include increasing the fee for no transport by $25 dollars and increasing the hourly rate for oxygen by $10. Currently, the Fire Department administers the Ambulance Operating Permits for all private ambulance operators. This entails inspection of ambulances for compliance of Department of Health & Human Services regulations as well as granting Operator (Business) and Driver permits. The recommended change in fees represents actual costs for providing this service. In order to maintain an updated fee schedule, the department is also proposing an annual minimum fee adjustment based on South Region CPI-U for Medical Care (min. 1%, max 5%). ALTERNATIVES: Council may choose not to approve ordinance amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conformity with City Ordinance EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fire Legal Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $6,000,000.00 $6,000,000.00 $12,000,000.00 Encumbered / Expended Amount This item $1,649,058.67* $3,298,117.34 $4,947,176.01 BALANCE $7,649,058.67 $9,298,117.34 $16,947,176.01 Fund(s): General Fund Comments: Potential revenue increases are based on MGT projections. Staff is apprehensive to represent such a great increase in potential revenue. However, we are cautiously optimistic that the fee increases may result in a slight increase in revenue. Because we have no historical reference, we cannot provide assurance. *Represents pro-rated revenue increase assuming collection of new fees beginning April 1, 2018 through the remaining 6 months in the FY18 fiscal year. RECOMMENDATION: Staff recommends approving this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Corpus Christi Code to adopt a new ambulance rates schedule and to increase ambulance service permitting fees WHEREAS, the City is seeking to increase the percentage of cost recovery per the User Fee Study summary attached in Exhibit A; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 20 is amended by adding the following language that is underlined added) and deleting the language that is stricken (deleted) as delineated below: Sec. 18-20. - Ambulance rates. (a) Ambulance Rates Schedule. Ambulance rates for emergency medical service shall be charged pursuant to the Ambulance Rate Schedule. The initial Ambulance Rate Schedule will be approved by City Council and must be filed with the City Secretary. The Ambulance Rates Schedule may be amended per the provisions of this Chapter and such amended schedule must be filed with the City Secretary. (b) Adiustment of Ambulance Rates. (1) In this section, "consumer price index" means the annual revised South Region Consumer Price Index for All Urban Consumers for Medical Care, as Published by the federal Bureau of Labor Statistics. (2) Any year in which the consumer price index increases by more than 1% from the previous year, +ho Ciro F_)qqar+mor,+ ambulances rates may be adjusted #142 rotes in the Rate SGhe4 u-lo by an amount equal to the annual change in the consumer price index. Ambulance Rate Schedule adjustments shall not exceed 5% in a single year and shall not be adjusted more often than annually. (3) Ambulance Rate Schedule will be submitted to City Council annually for review. Any adjustment of ambulance rates requires City Council approval. (c) The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. 1 �mhi il�nro rAt'-Qs-;#t-4F e ' eFgeRGY irrl sewiro shall be rhapged AfnllAIMP- (a)—rc�T� TIT i J AS; Fee Pe Cor�iira rr Ilam Corvcrcicc Lm GF item !'I\ EMS 911 Tranonrrt $899.99 -T/7\ EMS 911 hAca NG trancnrr� -T F:10 -T AIhi tiQ rel r { qtr' 9 { } BandageibandagiRg Q /74 ge dpaRn Urin�l �vv Cil BeRadFy4 cv /Q l Bite !-;tm.r--k 404 Blanket (diSpeGahlo) wv 444 R I I r Sao 2-) gag Valve MAAsk �Q 47Trrr'-'-7 T � 44) (;eFVOGal G T v 457 Geld pa T �v 2 i C�7 ("_'li inose fest s+rin 2. /?�\ F=KG nnn 1 r �',T2Q Q.()0 /73 \ ERdetrnnheal tube i 5.00 44 Cnrintr-nheaI t-she hA-I- -1 5.09 &) EPinePhrine /'I:'I nnn\ 5.a Q �7 EPinePhrine (I: 10000) -9.00 /?S21 I-le�r-1 immnhili�er �� HGt 1�7 k �v �7 I Fin 00 IAtrAnsseni is iAfi iS; A /`2___71 InfrAvenni is /I\/\ narl15 On /QQ\ Intr.��iennis /I\/\ inti icinn 3 '/ In} R k3&) t� 3 uT-7 I irinnAino rJrin I � /`2521 I ini lid anotaminnnhon r 1v�7 MGFPhiR9 Zv-vv 444 mask �Q 437NeFnqai SaliRe 1000 ml 20.00 04) NeFmal Salipe F400 ml 9 4&) NeFina Salino PF;Q ml Q ra') hlnrmal Saline 'IQQ ml Q 474 NGrmedypre 484 ObStotrinal Lit 494 Oxygen m -T k&:24 FtAr-mr) 7 -F/C.Q\ Di iloa nvimatni r k544 5.09 kwSelu �9 !FR\ Cnin�l immnhili�otinn �� 4 i Thi s 749. (b) gpplep4ept /n, nhorrvas• (2) PFGvidiRg afeee fcF FespG rdmg te a me incl alarmyVhinh is u m Tc n nn A-.AP- �Af hr`mo 0RG GRE? inii it sixty dellaFs ($69.99). 0 (3) PFGVirlinlY a rhaFge of GRe hind-Fed b.yenty five dollars ($125.99) fnr omornonni moi-IinAI saii PPI to nlln rosii-Iants (4) he nity MaRageFsa61 G,ri_7� os lish n�haFgE? ,��t8 eYGeeEth(Q r t�or�iicTVTce, fvvFGtheF si 1ppleME?Rt Fy soniinos si inh aS PFGVidinn St dby e961iP yonf�GrP-I.A.45at SPE?Gia.P_VP_.Ats_;Rdacton�g (5) PFGVirlin!'1 a nhaFgE? of fnrf\/_fn/o rinllars ($45.99) fnr addifinnal norsnnnol When noorlarl tri nFGVOdE? Pation+ r=ARB rli irinry tFaRsnllrt (G) Oewe•w of G/�j� ge�;a GeFpi is�JtEMS .�mhi il.�nno sonii a��•hallll -hc �T unlcv. c-v�T-p•c�.� roi. A.499-1 as nooi-Ioi-I tri i-Iotormina +ho AE?E?d fnr .moi-Iii istmants Section 2. The Ambulance Rate Schedule attached in Exhibit B is hereby approved by City Council. Section 3. In reference to the ambulance operator permit fee, the Corpus Christi Code of Ordinance, Chapter 57, Section 172(b) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (b) Operators that do not desire, by written declaration, to be listed on the city's emergency call list shall submit an application accompanied by a permit fee of $374.00 plus tWeR+„ fiVe dGII FG ($25.00 for each ambulance requested to be permitted. Permit fees and ambulance fees are not refundable. 5 Section 4. In reference to the ambulance reinspection fee, the Corpus Christi Code of Ordinance, Chapter 57, Section 175(c) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (c) A permittee that causes the removal, during the permit term, of any ambulance from the approved ambulance list on the permit, pursuant to section 57-175(b), may request the permit officer to reinspect the ambulance and return said ambulance to active service. The reinspection request must be in writing and shall be accompanied by a twenty five dE)I!aF ($25 74.00 reinspection fee. The permit officer shall reinspect the ambulance within ten (10) days of receipt of such request and payment. An ambulance that meets the requirements of section 57-174 upon reinspection shall be added to the approved ambulance list on the permit. Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 7. This ordinance takes effect upon publication. 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Fire Department Emergency Medical Services Fee Amendments Council Presentation March 20, 2018 EMS Fees Changes 0 CURRENT PROPOSED Current% Current Fee Per Full Cost of Cost Proposed Service of Item Service or Item Service Recovery Proposed Fee Cost Recovery $Change %Change EMS 911 Base Rate-Transport $800.00* $1,386.00 58% $1,386.00** 100% $586.00 73% EMS 911 Base Rate—No Transport $125.00 $902.19 14% $150.00 17% $25.00 20% Oxygen(Per Hour) $35.00 ♦ $45.00 ♦ $10.00 29% Ambulance Operator Fee $100.00 $374.00 27% $374.00 100% $274.00 274% Ambulance Inspector Fee $25.00 $73.70 34% $74.00 100% $49.00 196% Skilled Nursing Facility Responses $0 $507.90 0% $250.00 49% $250.00 New BLS Routine Disposables Varies Per Item ♦ $25.00 ♦ $25.00 New ALS Routine Disposables Varies Per Item $50.00 ♦ $50.00 New *Does not include the itemized charges currently in ordinance **Includes actual cost of EMS supplies in the fee.Only Medicare/Medicaid allowables will be added. ♦The proposed fee reflects the maximum allowable per Medicare/Medicaid. 2 O5-- EMS Fee Escalation ., • Annual escalation of EMS related fees • Based on South Region CPI-U for Medical Care • Annually adjusted by percent change • Minimum: 1% • Cap: 5% • True costs reviewed and adjusted every 5 years Estimated Future FY Revenue Increase • Total estimated annual revenue increase = $3.2 Million SC GO H v AGENDA MEMORANDUM NOfl PO PPS E 1852 Emergency Ordinance for the City Council Meeting of March 27, 2018 DATE: March 21, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Emergency Ordinance to amend City Code Sections 36-3 and 36-7 CAPTION: Ordinance amending City Code Sections 36-3 and 36-7 regarding annual review of parks and recreation fee adjustments and declaring an emergency. PURPOSE: To revise Sections 36-3 and 36-7 of the Corpus Christi Code of Ordinances regarding park and recreation fees. BACKGROUND AND FINDINGS: During the March 20, 2018 regular meeting, the Parks & Recreation Director presented the annual fee recommendations for new fees and fees with changes over 25% to the Council for review and approval. Upon approval, the Council made a motion to require all fee increases for Parks & Recreation to come before the City Council annually for review. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: City Council approval is required to amend City Code. EMERGENCY/ NON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs". DEPARTMENTALCLEARANCES: Parks and Recreation Department Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures Fiscal Year: 2017-18 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending City Code Sections 36-3 and 36-7 regarding annual review of parks and recreation fee adjustments and declaring an emergency Whereas, on March 20, 2018, the Corpus Christi City Council approved motion that all fees for Parks and Recreation department be presented to City Council annually for review; Now, therefore, be it ordained by the City Council for the City of Corpus Christi,Texas: Section 1. Sections 36-3 and 36-7 of the Corpus Christi Code of Ordinances regarding park and recreation fees are revised to read as follows: "Sec. 36-3. - Rental rates. The parks and recreation director shall prepare a schedule of rental rates for the use of facilities to include, but not be limited to, pavilions, shelters, picnic tables, swimming pools, recreation centers, athletic fields, Multicultural Center and the Cole Park Amphitheater. This schedule shall be submitted to the City Council annually for review and approval " (Ord. No. 20377, § 1, 7-12-1988; Ord. No. 22305, § 1, 7-25-1995) "Sec. 36-7. - Recreation fees and charges. The parks and recreation director shall prepare a list of recreation fees and charges for the public use of tennis courts, swimming pools, recreation centers, athletic fields and other city-owned facilities. This schedule of fees and charges shall be submitted annually to the City Council for review and approval. " (Ord. No. 20377, § 1, 7-12-1988; Ord. No. 22305, § 2, 7-25-1995; Ord. No. 028800, § 1, 10- 12-2010) Section 2. Publication shall be as required by City Charter and State law. This ordinance takes effect as of March 20, 2018. Section 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this_ _day of_ 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor ____ day of , 2018. Corpus Christi, Texas day of , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance 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 SC GO H v AGENDA MEMORANDUM NOfl PO PPS E 1852 Emergency Ordinance for the City Council Meeting of March 27, 2018 DATE: March 21, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Emergency Ordinance authorizing parks and recreation fee adjustments CAPTION: Ordinance authorizing parks and recreation fee adjustments and declaring an emergency. PURPOSE: Approve proposed fees increasing by less than or equal to 25% for FY17-18. BACKGROUND AND FINDINGS: During the March 20, 2018 regular meeting, the Parks & Recreation Director presented the annual fee recommendations for new fees and fees with changes over 25% to the Council for review and approval. Upon approval, the Council made a motion to require all fee increases for Parks & Recreation to come before the City Council annually for review. The Parks and Recreation department has 329 fees. 122 fees have no increases for 2018. 59 fees are new fees as well as 23 fees have increases higher than 25% and have been previously approved by the City Council. Proposed here are 125 fees additional fees that require Council approval. Fee increases are needed to continue to provide services at their optimum level and to allow us to provide self-support to off-set operating costs. The new fees and fee increases will be monitored for the remainder of this fiscal year and will be incorporated into the 2018—2019 Proposed Budget. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: City Council approval is required to adjust fees. EMERGENCY/ NON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs". DEPARTMENTAL CLEARANCES: Parks and Recreation Department Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2017-18 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $218,076 $436,152 $654,228 BALANCE 1 $218,076 1 $436,152 1 $654,228 Fund(s): General Fund Comments: The Current Year is six month of revenue. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A Presentation Ordinance authorizing parks and recreation fee adjustments and declaring an emergency Whereas, on March 20, 2018, the Corpus Christi City Council approved motion that all fees for Parks and Recreation department be presented to City Council annually for review; Whereas, the City Council has reviewed the fees for the Parks and Recreation department as shown on the attached and incorporated Exhibit A; Now, therefore, be it ordained by the City Council for the City of Corpus Christi, Texas: Section 1. The City Council has reviewed and approved the fees for the parks and recreation department as listed on the attached and incorporated Exhibit A. Section 2. Publication shall be as required by City Charter and State law. This ordinance takes effect upon publication. Section 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 27th day of March, 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas 27th day of March, 2018 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance 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 ATHLETICS Adult Athletic Events: Includes awards and officials. Volleyball-Regular Season, 1 referee Recreational League Basketball, Softball, Flag Football, etc. per team $ 400.00 $ 450.00 12.5% Basketball Regular Season Athletics age 6 to 18 $ 65.00 $ 70.00 7.7% Scholarship 1st child $ 30.00 $ 35.00 16.7% Scholarship each additional child $ 25.00 $ 30.00 20.0% Youth Baseball Fall season per team per season $ 275.00 $ 300.00 9.1% Dick Runyan/Paul Jones Youth Rental fee per field per hour $ 45.00 $ 50.00 11.1% Youth Baseball Field Tournament Rental Fee per field per da $ 300.00 $ 350.00 16.7% Greenwood Softball Complex Multiple teams/multiple tourney rental fee>40 teams per field per day $ 100.00 $ 125.00 25.0% Youth Sports Camps(Instructor/City portions) Volleyball $ 60.00 $ 65.00 8.3% Football $ 60.00 $ 65.00 8.3% Basketball $ 60.00 $ 65.00 8.3% Soccer $ 60.00 $ 65.00 8.3% Nina $ 60.00 $ 65.00 8.3% Baseball $ 60.00 $ 65.00 8.3% Cheer $ 60.00 $ 65.00 8.3% AQUATICS General Admission Youth 17&under $ 1.00 $ 1.25 25.0% Doggie Dip $ 5.00 $ 6.00 20.0% Annual Swim Passes Youth $ 187.50 $ 200.00 6.7% Adult $ 350.00 $ 375.00 7.1% Senior $ 250.00 $ 300.00 20.0% Seasonal Swim Passes(Spring,Summer& Fall*) Youth $ 62.50 $ 75.00 20.0% Family minimum of 4 members $ 275.00 $ 300.00 9.1% U.S.Swim Team Member(per season -short& long course) Adult $ 165.00 $ 175.00 6.1% City Swim Leagues City Championship Swim Meet $ 4.00 $ 5.00 25.0% Family Night Swim Five person family $ 7.50 $ 8.00 6.7% Splash Parties-2 hours-RESTRUCTURED Oso Pool 1 -50 Number ofpersons) $ 200.00 $ 250.00 25.0% during General Swim (up to 25 people) $ 50.00 $ 60.00 20.0% Collier, Greenwood, HEB Pools, Natatorium,and West Guth during General Swim (up to 25 people) $ 125.00 $ 150.00 20.0% Swimming Pool Reservation Agreement Fees(swim teams/instruction) Lane rental 25 and/meters per lane per hour $ 5.00 $ 6.00 20.0% 25 and/meters pool per hour $ 40.00 $ 45.00 12.5% 50 meters per lane per hour $ 10.00 $ 12.00 20.0% 50 meters pool per hour $ 80.00 $ 90.00 12.5% Special Usage Fee(training room) $ 30.00 $ 35.00 16.7% Deposit(refundable cleanup deposit) $ 250.00 $ 275.00 10.0% Additional City Staff(fees do not include set up or additional lifeguards) Facility set u $ 50.00 $ 55.00 10.0% Lifeguards $ 16.00 $ 20.00 25.0% Laptop usage fee for swim meets $ 150.00 $ 175.00 16.7% One Timing System (for out-of-city teams) One da $ 400.00 $ 450.00 12.5% Two days $ 600.00 $ 650.00 8.3% Three days $ 750.00 1 $ 850.00 13.3% Two Timing Systems(for out-of-city teams) One da $ 525.00 $ 575.00 9.5% Page 1 of 3 Two days $ 725.00 $ 800.00 10.3% Three days $ 875.00 $ 950.00 8.6% Swimming Pool Instruction Fees Swim lessons $ 40.00 $ 42.00 5.0% Special Needs Aquatics Private swim lesson '4- ack' $ 65.00 $ 80.00 23.1% Scholarship fee per session per child $ 30.00 $ 37.00 23.3% Water Aerobics/Aqua Fit $ 4.00 $ 5.00 25.0% Water Aerobics/Aqua Fit punch card $ 24.00 $ 25.00 4.2% Red Cross Classes Jr. Lifeguard Cam $ 60.00 $ 75.00 25.0% Lifeguard Certification Classes $ 150.00 $ 175.00 16.7% Water Safety Instruction Training $ 175.00 $ 185.00 5.7% Lifeguard Instructor Training $ 175.00 $ 200.00 14.3% TENNIS No changes RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 75.00 $ 80.00 6.7% Non-Profit Organizations 501(C)(3)or other community organizations $ 45.00 $ 55.00 22.2% Oak Park Recreation Center Entire Facility 4 Hours $ 150.00 $ 180.00 20.0% Joe Garza Recreation Center Entire Facility 4 Hours $ 175.00 $ 200.00 14.3% Oso Recreation Center Entire Facility 4 Hours $ 290.00 $ 300.00 3.4% Recreation Center Leagues Micro Soccer $45.00 $ 50.00 11.1% Micro Soccer with late fee $60.00 $ 70.00 16.7% PARK AND FACILITY RENTALS Pavilions,Watergarden and Amphitheater Rentals West Guth Pavilion $ 150.00 $ 160.00 6.7% Parker Pavilion $ 100.00 $ 105.00 5.0% Watergarden (4 hours) $ 200.00 $ 220.00 10.0% Amphitheater For profit rate 4 hours $ 400.00 $ 425.00 6.3% Non-profit rate 4 hours $ 250.00 $ 270.00 8.0% Additional hours(Watergarden, Artesian, Amphitheater) $ 50.00 $ 55.00 10.0% Cultural Services Room Rentals(Galvan House) First floor of Galvan House 4 hours $ 400.00 $ 420.00 5.0% Meeting Rooms 4 hours $ 100.00 $ 110.00 10.0% Bridal Suite 4 hours $ 100.00 $ 110.00 10.0% Kitchen 4 hours $ 400.00 $ 420.00 5.0% Rose Garden 4 hours $ 400.00 $ 420.00 5.0% Courtyard 4 hours $ 600.00 $ 625.00 4.2% Non-business hour rentals $ 100.00 $ 105.00 5.0% Full package: First floor, Courtyard, Rose Garden Plaza&Kitchen 8 hours $ 1,200.00 $ 1,275.00 6.3% Partial package: (Courtyard, Rose Garden&Kitchen 5 hours $ 800.00 $ 850.00 6.3% Partial package: (Courtyard, First Floor&Kitchen 5 hours $ 900.00 $ 960.00 6.7% Partial package: First Floor, Rose Garden &Kitchen 5 hours $ 700.00 $ 745.00 6.4% Cultural Services Room Rentals Additional Hours for Rental $ 100.00 $ 105.00 5.0% Change of Date Fee $ 75.00 $ 80.00 6.7% Change during final two weeks $ 100.00 $ 105.00 5.0% Run/walk-Heritage Park(Plaza Only)(4 hours) $ 250.00 $ 265.00 6.0% Festival Fees Heritage Park daily $ 2,000.00 $ 2,100.00 5.0% Heritage Park[non-profit festivals daily $ 1,000.00 $ 1,050.00 5.0% Commercial Photographic Session 4 hours $ 100.00 $ 105.00 5.0% Non-refundable reservation deposit $ 200.00 $ 210.00 5.0% Historical tour fees Page 2 of 3 Adults $ 6.00 $ 7.50 25.0% Children under 12 $ 2.00 $ 2.50 25.0% Cooking Demonstrations $ 8.00 $ 10.00 25.0% SENIOR CENTER RENTALS Facility rental fees below include staff supervision and cleanup 'Entire Facility' rate includes a 10%discount Additional hour rate for all facilities $ 55.00 $ 60.00 9.1% Deposit(required for all recreational facilities $ 150.00 $ 160.00 6.7% Non-profit Organizations-501(C)(3)or other community groups. Meeting space-per room per hour $ 55.00 $ 60.00 9.1% Ethel Eyerly Senior Center Small Social Hall 4 hours $ 182.00 $ 195.00 7.1 Large Social Hall 4 hours $ 248.00 $ 265.00 6.9% Entire Facility-(excluding pool room 4 hours $ 429.00 $ 450.00 4.9% Lindale Senior Center Large Community Room 4 hours $ 248.00 $ 265.00 6.9% Small Multipurpose Room 4 hours $ 165.00 $ 175.00 6.1% Entire Facility(excluding pool room 4 hours $ 506.00 $ 530.00 4.7% Greenwood Senior Center Large Community Room 4 hours $ 248.00 $ 265.00 6.9% Small Multipurpose Room 4 hours $ 165.00 $ 175.00 6.1% Entire Facility(excluding pool room &Rm#2 4 hours $ 429.00 $ 456.00 6.3% Garden Senior Center Bluebonnet Room 4 hours $ 292.00 $ 310.00 6.2% Pecan Tree Room 4 hours $ 171.00 $ 181.00 5.8% Crepe Myrtle Room 4 hours $ 121.00 $ 125.00 3.3% Pecan Tree&Crepe Myrtle Room combined 4 hours $ 209.00 $ 223.00 6.7% Entire Facility(excluding Wellness Room/Saera Loeb)(4 hours) $ 528.00 $ 550.00 4.2% Broadmoor Senior Center Community Room 4 hours $ 248.00 $ 265.00 6.9% Entire Facility(excluding Libra Room 4 hours $ 288.00 $ 300.00 4.2% Oveal Williams Center Community Room 4 hours $ 292.00 $ 300.00 2.7% Entire Facility-(Excluding Card Room&Arts&Crafts Room)(4 hours) $ 446.00 $ 475.00 6.5% Northwest Senior Center Activit Room 4 hours $ 292.00 $ 310.00 6.2% Meeting Room 4 hours $ 127.00 $ 134.00 5.5% Entire Facility(excluding Arts&Crafts and Wellness Room)(4 hours) $ 468.00 $ 496.00 6.0% LATCHKEY CCISD School Year(from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 99.00 $ 109.00 10.1% Monthly fee, each additional child $ 84.00 $ 94.00 11.9% Prorated months- 1st child 3 months $ 87.00 $ 97.00 11.5% Prorated months-additional child 3 months $ 77.00 $ 87.00 13.0% June charged as daily rate $ - Registration involving 10 school days or less $ 50.00 $ 60.00 20.0% Scholarship fee $ 60.00 $ 70.00 16.7% Daily drop in fee $ 15.00 $ 25.00 66.7% Summer Latchkey Program Weekly fee per child $ 89.00 $ 99.00 11.2% Scholarship per child $ 60.00 $ 70.00 16.7% Daily Fee $ 20.00 $ 30.00 50.0% Vacation Station per child $ 20.00 $ 30.00 50.0% Scholarship per child $ 15.00 $ 25.00 66.7% Section 10. SPECIAL SERVICES Vendor Permits Gulf Beach Vendor Fixedper month $ 200.00 $ 225.00 12.5% Inflatable games vendor $ 200.00 $ 220.00 10.0% Page 3 of 3 CORPUS CHRISTI PARKS& RECREATION Parks & Recreation Department Recreation Recommended Fee Changes Council Presentation i March 27, 2018 Recreation Fees & Charges 14L CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed%� $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change ATH LETICS Adult Recreational League per team $400.00 $4,000.00 10% $450.00 12.5% $50.00 13% Athletics age 6 to 18 $65.00 $250.00 26% $70.00 7.7% $5.00 8% Scholarship 1st child $30.00 $115.38 26% $35.00 16.7% $5.00 17% Scholarship each additional child $25.00 $96.15 26% $30.00 20.0% $5.00 20% Youth Fall season per team per season $275.00 $1,057.69 26% $300.00 9.1% $25.00 9% Dick Runyan/Paul Jones Youth Rental fee/field/hour $45.00 $83.33 54% $50.00 11.1% $5.00 11% Dick Runyan/Paul Jones Youth Baseball Field $300.00 $555.56 54% $350.00 16.7% $50.00 17% Tournament Fee/field/day Greenwood Softball Complex Multi teams/tourney fee $100.00 $185.19 54% $125.00 25.0% $25.00 25% >40 teams/field/da Volleyball Youth Sports Camps $60.00 $230.77 26% $65.00 8.3% $5.00 8% Football Youth Sports Camps $60.00 $230.77 26% $65.00 8.3 $5.00 8% Basketball Youth Sports Camps $60.00 $230.77 26% $65.00 8.3% $5.00 8% Soccer Youth Sports Camps $60.00 $230.77 26% $65.00 8.3% $5.00 8% Ninja Youth Sports Camps $60.00 $230.77 26% $65.00 1 8.3% $5.00 8% Baseball Youth Sports Camps $60.00 $230.77 26% $65.00 1 8.3% $5.00 8% Cheer Youth Sports Camps $60.00 $230.77 1 26% $65.00 1 8.3% $5.00 8% 41 Recreation Fees & Charges < CHRISTI R RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change AQUATICS General Admission-Youth 17&under $1.00 $7.69 13% $1.25 25.0% $0.25 25% General Admission-Doggie Dip $5.00 $38.46 13% $6.00 20.0% $1.00 20% Annual Swim Passes-Youth $187.50 $1,442.31 13% $200.00 6.7% $12.50 7% Annual Swim Passes-Adult $350.00 $2,692.31 13% $375.00 7.1% $25.00 7% Annual Swim Passes-Senior $250.00 $1,923.08 13% $300.00 20.0% $50.00 20% Seasonal Swim Passes-Youth $62.50 $480.77 13% $75.00 20.0% $12.50 20% Seasonal Swim Passes-Family(minimum of 4 $275.00 $2,115.38 13% $300.00 9.1% $25.00 9% members) Adult-U.S.Swim Team Member $165.00 $1,269.23 13% $175.00 6.1% $10.00 6% City Championship Swim Meet-City Swim Leagues $4.00 $66.67 6% $5.00 25.0% $1.00 25% Family Night Swim-Five person family $7.50 $57.69 13% $8.00 6.7% $0.50 7% Oso Pool-Splash Party-2 hours 1-50(Number of persons) $200.00 $3,333.33 6% $250.00 25.0% $50.00 25% during General Swim(up to 25 people) $50.00 $833.33 6% $60.00 20.0% $10.00 20% Collier,Greenwood,HEB Pools,Natatorium,West Guth-Splash Party-2 hours during General Swim(up to 25 people) $125.00 $2,083.33 6% $150.00 20.0% $25.00 1 20% 41 Recreation Fees & Charges < CHRISTI -RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change AQUATICS Lane rental-25 yard/meters per lane per hour $5.00 $83.33 6% $6.00 20.0% $1.00 20% Lane rental-25 yard/meters pool per hour $40.00 $666.67 6% $45.00 12.5% $5.00 13% Lane rental-50 meters per lane per hour $10.00 $166.67 6% $12.00 20.0% $2.00 20% Lane rental-50 meters pool per hour $80.00 $1,333.33 6% $90.00 12.5% $10.00 13% Special Usage Fee(training room) $30.00 $500.00 6% $35.00 16.7% $5.00 17% Deposit(refundable cleanup deposit) $250.00 $4,166.67 6% $275.00 10.0% $25.00 10% Facility set up $50.00 $833.33 6% $55.00 10.0% $5.00 10% Lifeguards $16.00 $266.67 6% $20.00 25.0% $4.00 25% Laptop usage fee for swim meets $150.00 $2,500.00 6% $175.00 16.7% $25.00 17% One Timing System-One day $400.00 $6,666.67 6% $450.00 12.5% $50.00 13% One Timing System-Two days $600.00 $10,000.00 6% $650.00 8.3% $50.00 8% One Timing System-Three days $750.00 $12,500.00 6% $850.00 13.3% $100.00 13% Two Timing System-One day $525.00 $8,750.00 6% $575.00 9.5% $50.00 10% Two Timing System-Two days $725.00 $12,083.33 6% $800.00 10.3% $75.00 10% Two Timing System-Three days $875.00 $14,583.33 6% $950.00 8.6% $75.00 9% 4 41 Recreation Fees & Charges < CHRISTI -RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change AQUATICS Swim lessons $40.00 $266.67 15% $42.00 5.0% $2.00 5% Private swim lesson'4-pack' $65.00 $433.33 15% $80.00 23.1% $15.00 23% Swim lessons Scholarship fee per session per child $30.00 $200.00 15% $37.00 23.3% $7.00 23% Water Aerobics/Aqua Fit $4.00 $26.67 15% $5.00 25.0% $1.00 25% Water Aerobics/Aqua Fit punch card $24.00 $160.00 15% $25.00 4.2% $1.00 4% Red Cross-Jr.Lifeguard Camp $60.00 $400.00 15% $75.00 25.0% $15.00 25% Red Cross-Lifeguard Certification Classes $150.00 $1,000.00 15% $175.00 16.7% $25.00 17% Red Cross-Water Safety Instruction Training $175.00 $1,166.67 15% $185.00 5.7% $10.00 6% Red Cross-Lifeguard Instructor Training $175.00 $1,166.67 15% $200.00 14.3% $25.00 14% Vendor Permits Gulf Beach Vendor Permit(Fixed)per month $200.00 $392.16 51% $225.00 12.5% $25.00 13% Inflatable games Vendor Permit $200.00 $392.16 51% $220.00 1 10.0% $20.00 10% 5 41 Recreation Fees & Charges < CHRISTI R RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $75.00 $357.14 21% $80.00 6.7% $5.00 7% Non-Profit Organizations 501(C)(3)or other $45.00 $214.29 21% $55.00 22.2% $10.00 22% community organizations Entire Facility(4 Hours)Oak Park $150.00 $714.29 21% $180.00 20.0% $30.00 20% Entire Facility(4 Hours)Joe Garza $175.00 $833.33 21% $200.00 14.3% $25.00 14% Entire Facility(4 Hours)Oso $290.00 $1,380.95 21% $300.00 3.4% 1 $10.00 3% Micro Soccer Rec Center Leagues $45.00 $214.29 21% $50.00 11.1% $5.00 11% Micro Soccer with late fee Rec Center Leagues $60.00 $285.71 21% $70.00 16.7% $10.00 17% Historical tour fees Adults $6.00 $17.14 35% $7.50 25.0% $1.50 25% Children(under 12) $2.00 $5.71 35% $2.50 1 25.0% $0.50 25% Cooking Demonstrations $8.00 $22.86 35% $10.00 1 25.0% $2.00 25% 6 41 Recreation Fees & Charges < CHRISTI R RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change PARK AND FACILITY RENTALS West Guth Pavilion $150.00 $428.57 35% $160.00 6.7% $10.00 7% Parker Pavilion $100.00 $285.71 35% $105.00 5.0% $5.00 5% Watergarden(4 hours) $200.00 $571.43 35% $220.00 10.0% $20.00 10% Amphitheater For profit rate(4 hours) $400.00 $1,142.86 35% $425.00 6.3% $25.00 6% Non-profit rate(4 hours) $250.00 $714.29 35% $270.00 8.0% $20.00 8% Additional hours(Watergarden,Artesian, $50.00 $142.86 35% $55.00 10.0% $5.00 10% Amphitheater) First floor of Galvan House(4 hours) $400.00 $1,142.86 35% $420.00 5.0% $20.00 5% Meeting Rooms(4 hours) $100.00 $285.71 35% $110.00 10.0% $10.00 10% Bridal Suite(4 hours) $100.00 $285.71 35% $110.00 10.0% $10.00 10% Kitchen(4 hours) $400.00 $1,142.86 35% $420.00 5.0% $20.00 5% Rose Garden(4 hours) $400.00 $1,142.86 35% $420.00 5.0% $20.00 5% Courtyard(4 hours) $600.00 $1,714.29 35% $625.00 4.2% $25.00 4% Non-business hour rentals $100.00 $285.71 35% 1 $105.00 5.0% 7 Recreation Fees & Charges 14�1 / CHRISTI CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change Heritage Park Packages Full package:1st floor,Courtyard,Rose Garden, 0 0 Kitchen 8 hrs $1,200.00 $3,428.57 35/0 $1,275.00 6. /0 3 $75.00 6% Partial package:Courtyard,Rose Garden,Kitchen 5 hrs $800.00 $2,285.71 35% $850.00 6.3% $50.00 1 6% Partial package:Courtyard,First Floor, Kitchen 5 hrs $900.00 $2,571.43 35% $960.00 6.7% $60.00 7% Partial package:First Floor,Rose Garden,Kitchen 5 hrs $700.00 $2,000.00 35% $745.00 6.4% $45.00 6% Cultural Services Room Rentals Additional Hours for Rental $100.00 $285.71 35% $105.00 5.0% $5.00 5% Change of Date Fee $75.00 $214.29 35% $80.00 6.7% $5.00 7% Change during final two weeks $100.00 $285.71 35% $105.00 5.0% $5.00 5% Run/walk-Heritage Park(Plaza Only)(4 hours) $250.00 $714.29 35% $265.00 6.0% $15.00 6% Festival Fees Heritage Park daily $2,000.00 $5,714.29 35% $2,100.00 5.0% $100.00 5% Heritage Park[non-profit festivals]daily $1,000.00 $2,857.14 35% $1,050.00 5.0% $50.00 5% Commercial Photographic Session(4 hours) $100.00 $285.71 35% $105.00 5.0% $5.00 5% Non-refundable reservation deposit $200.00 $571.43 35% $210.00 5.0% $10.00 5% 8 41 Recreation Fees & Charges < CHRISTI -RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Chan e SENIOR CENTER RENTALS Additional hour rate for all facilities $55.00 $141.03 39% $60.00 9.1% $5.00 9% Deposit(required for all recreational facilities) $150.00 $384.62 39% $160.00 6.7% $10.00 7% Meeting space-per room per hour $55.00 $141.03 39% $60.00 9.1% $5.00 9% Ethel Eyerly Senior Center-Small Social Hall(4 hours) $182.00 $466.67 39% $195.00 7.1% $13.00 7% Ethel Eyerly Senior Center-Large Social Hall(4 hours) $248.00 $635.90 39% $265.00 6.9% $17.00 7% Ethel Eyerly Senior Center-Entire Facility-(excluding $429.00 $1,100.00 39% $450.00 4.9% $21.00 5% pool room)(4 hours) Lindale Senior Center-Large Community Room 4 hrs $248.00 $635.90 39% $265.00 6.9% $17.00 7% Lindale Senior Center-Sml Multipurpose Room 4 hrs $165.00 $423.08 39% $175.00 6.1% $10.00 6% Lindale Senior Center-Entire Facility(excluding pool $506.00 $1,297.44 39% $530.00 4.7% $24.00 5% room)(4 hours Greenwood Senior Center-Large Community Rm 4 hrs $248.00 $635.90 39% $265.00 6.9% $17.00 7% Greenwood Senior Center-Sml Multipurpose Rm 4 hrs $165.00 $423.08 39% $175.00 6.1% $10.00 6% Greenwood Senior Center-Entire Facility(excluding $429.00 $1,100.00 39% $456.00 6.3% $27.00 6% pool room&Rm#2)(4 hours 9 41 Recreation Fees & Charges < CHRISTI R RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change SENIOR CENTER RENTALS Garden Senior Center-Bluebonnet Room(4 hours) $292.00 $748.72 39% $310.00 6.2% $18.00 6% Garden Senior Center-Pecan Tree Room(4 hours) $171.00 $438.46 39% $181.00 5.8% $10.00 6% Garden Senior Center-Crepe Myrtle Room(4 hours) $121.00 $310.26 39% $125.00 3.3% $4.00 3% Garden Senior Center-Pecan Tree&Crepe Myrtle $209.00 $535.90 39% $223.00 6.7% $14.00 7% Room combined(4 hours) Garden Senior Center-Entire Facility(excluding $528.00 $1,353.85 39% $550.00 4.2% $22.00 4% Wellness Rm/Saera Loeb)(4 hours) Broadmoor Senior Center-Community Room 4 hrs $248.00 $635.90 39% $265.00 6.9% $17.00 7% Broadmoor Senior Center-Entire Facility(excluding $288.00 $738.46 39% $300.00 4.2% $12.00 4% Library Room) (4 hours) Oveal Williams Center-Community Room(4 hours) $292.00 $748.72 39% $300.00 2.7% $8.00 3% Oveal Williams Center-Entire Facility(Excluding Card $446.00 $1,143.59 39% $475.00 6.5% $29.00 7% Room&Arts&Crafts Room)(4 hours Northwest Senior Center- Northwest Senior Center-Activity Room(4 hours) $292.00 $748.72 39% $310.00 6.2% $18.00 6% Northwest Senior Center-Meeting Room(4 hours) $127.00 $325.64 39% $134.00 5.5% $7.00 6% Northwest Senior Center-Entire Facility(excluding Arts&Crafts/Wellness Rm)(4 hours) $468.00 $1,200.00 39% $496.00 6.0% $28.00 6% 41 Recreation Fees & Charges < CHRISTI -RKSS CURRENT PROPOSED Current Fee Per Full Cost of Current% Proposed Proposed% $ Service or Item Service or Item Service Cost Recovery Fee Cost Recovery Chane %Change LATCHKEY-CCISD School Year(from end of school day to 6:00 p.m.) Monthly fee,1st child $99.00 $112.50 88% $109.00 10.1% $10.00 10% Monthly fee,each additional child $84.00 $95.45 88% $94.00 11.9% $10.00 1 12% Prorated months-1st child (3 months) $87.00 $98.86 88% $97.00 11.5% $10.00 11% Prorated months-additional child(3 months) $77.00 $87.50 88% $87.00 13.0% $10.00 13% Registration involving 10 school days or less $50.00 $56.82 88% $60.00 20.0% $10.00 20% Scholarship fee $60.00 $68.18 88% $70.00 16.7% $10.00 17% Daily drop in fee $15.00 $17.05 88% $25.00 66.7% $10.00 67% Summer Latchkey Program Weekly fee per child $89.00 $150.85 59% $99.00 11.2% $10.00 11% Scholarship per child $60.00 $101.69 59% $70.00 16.7% $10.00 17% Daily Fee $20.00 $33.90 59% $30.00 50.0% $10.00 50% Vacation Station per child $20.00 $100.00 20% $30.00 50.0% $10.00 50% Scholarship per child $15.00 $75.00 1 20% 1 $25.00 66.7% 1 $10.00 67% 11 cr_:t)0- Recreation Fees & Charges • Total projected annual revenue increase = $3,517,759 SC o� Va. U AGENDA MEMORANDUM First Reading Item for the City Council Meeting of March 27, 2018 Nc1852ESecond Reading Item for the City Council Meeting April 10, 2018 DATE: March 7, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(a)cctexas.com (361) 826-1718 Renewal of Lease with Tejas Bowmen Archery Club CAPTION: Ordinance authorizing execution of a five-year lease agreement with Tejas Bowmen Archery Club for use of the property near Allison Wastewater Treatment Plant off McKenzie Road to maintain and operate a public archery range. PURPOSE: The Water Utilities Department seeks approval to enter into a five (5) year lease agreement with the Tejas Bowmen Archery Club (Club) for the parcel and improvements located near McKenzie Road and Allison Drive. BACKGROUND AND FINDINGS: The Tejas Bowmen Archery Club has been leasing two tracts of City property off of McKinzie Rd and Allison Dr. for over 35 years. The Club is a registered 501c-3 organization and has remained in compliance with the lease throughout its tenancy. The Club is responsible for all maintenance and archery range operations. There is no lease payment for the use of the property. 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 Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) 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 Tejas Bowmen Archery Club Ordinance authorizing execution of a five-year lease agreement with Tejas Bowmen Archery Club for use of the property near Allison Wastewater Treatment Plant off McKenzie Road to maintain and operate a public archery range. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a five-year Lease Agreement with the Tejas Bowmen Archery Club for the use of City property near Allison Wastewater Treatment Plant off McKenzie Road to maintain and operate a public archery range. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, 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 2018, 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 , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 17 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS BOWMEN ARCHERY CLUB THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES § This lease ("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 TEJAS BOWMEN ARCHERY CLUB ("Lessee"), a Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of providing an archery range for persons interested in archery, acting through its duly authorized President, Robert A. Garcia. Section 1. Definitions. For the purposes of this Lease: Improvements means buildings and other structures located on the Premises. Premises means two tracts or parcels of land designated as Tracts "A' and "B", as shown on the attached drawing, Exhibit "A", together with all Improvements. Section 2. Purpose. The purpose of this Lease is to enable Lessee to operate a public archery range for persons interested in archery. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Executive Director of Water Utilities ("Director"). Section 3. Leased Premises. The Leased Premises are two tracts or parcels of land designated as Tracts "A" and "B", as shown on the drawing attached as Exhibit "A", together with all Improvements. Section 4. Term. The City leases the Premises, AS IS, 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 at any time to the other party, unless sooner terminated. This Lease begins on the first day after final Council approval. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy 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. 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 5. Surrender. Lessee shall surrender the Premises, 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. Page 2 of 17 Section 6. 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 construct, maintain, and operate a public archery range on the Premises, Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director. Section 7. Membership and User Requirements; Hours and Terms of Operation; Lessee Responsible for Activities. a. Board of Directors and List of activities. Lessee will provide City Director with a list of current Board of Directors. Lessee shall provide an updated list when any changes are made to the board members. Attached as Exhibit C is a copy of Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees. Lessee may not make any change in these Exhibits without prior written consent of the Executive Director of Water Utilities. b. 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 8. Alterations. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the City Manager and Risk Manager. Lessee, if directed by the Executive Director of Water Utilities, must construct and maintain screening or other safety barriers to ensure that arrows are confined to the premises. Any archery range construction must also be approved by the District Field Governor of the National Field Archery Association ("District Field Governor') prior to start of construction. a. 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 Executive Director of Water Utilities for review and written consent. b. If the Executive Director of Water Utilities (and the District Field Governor in the case of archery range construction) 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 Executive Director of Water Utilities, City's Building Official, (and the District Field Governor in the case of archery range construction), and their designated representatives. Page 3 of 17 c. 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. Section 9. Taxes, Assessments, Licenses, and Fees. 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 Section 10. 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 11. 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 12 Assignment and Subleasing. Lessee may not assign, sublease, or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance in writing signed by the City Manager. Section 13. 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 Directors, 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 must post the Premises with adequate signs to warn that it is an archery Page 4 of 17 range and no trespassing is allowed. Section 14. 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 15. 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. Section 16. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term, Section 17. 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 Executive Director of Water Utilities 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 18. 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. Section 19. 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 operating and providing maintenance in accordance with this Lease Section 20. Directors' Right to Access Premises in Emergency. a. Lessee shall provide Executive Director of Water Utilities with keys to the Premises, and a current list of names and phone numbers, for use by each Director, in the event of an emergency. b. Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Page 5 of 17 Section 21. 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 22. 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) Lessees use or Lessee's invitees 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, invitees, 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, invitees, 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 23. 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 Page 6 of 17 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. In the event alcoholic beverages are to be served or sold on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or sold. f. 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 8 of this lease. Section 24. 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) Failure to maintain any Insurance coverages required in this lease. 5) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. 6) Failure to keep, perform, and observe any other promises, covenants and Page 7 of 17 conditions contained in this Lease. Section 25. 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 26. 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 27. 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 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Assistant Director of Support Services. Section 29. 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. Page 8 of 17 c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi David Pena, President Water Utilities Dept. Tejas Bowmen Archery Club 2726 Holly Rd Corpus Christi, TX 78415 5564 Ayers Attn: Assistant Director of Support Services Corpus Christi, TX 78415 (361) 826-1800 (361) 765-0388 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 30. 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 31. 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 32. 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 33. 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 34. Interpretation. This Lease shall be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 35. 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) Page 9 of 17 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. Section 36. 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 37. 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 38. Severability. 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. Section 39. 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 40. 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 ill 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. Page 10 of 17 EXECUTE IN DUPLICATE, each of which shall be considered an original„on the 67� day of 2018. LESSEE; Tejas Bo en chert' Club Name ila4 Title Page 11 of 17 ATTEST: CITY OF CORPUS CHRISTI: Rebecca Huerta Margie C. Rose City Secretary City Manager Approved as to form: Lisa Aguilar,Assistant City Attorney Date Exhibit A - Location Map i i. _ p t Allison Waste Water Treatment Plant CASTLE RIDGE DR' Police q Pistol .00 c Range O� F 55 r v n '• Tejas Bowman Archery v Association Lease • + Tract A CAS r�F Rl►r o � 400' Y 300' , se West Corpus Christi ' Rotary Club Boy Scout Lease h <<� 400"* .�. o ; o t 0 ,0 Z Tejas Bowman N Archery Association Lease Tract B MCKINZIEi r - LN k ,. 250 125 0 250 Feet Page 13 of 17 EXHIBIT B INSURANCE REQUIREMENTS I. Lessee Liability Insurance A. Lessee must not commence work under this agreement until Lessee has obtained all insurance required herein and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, 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 for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation required Bodily Injury and Property Damage on all certificates or by applicable policy Per Occurrence /Aggregate endorsements Commercial General Liability including: $500,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises —Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractor 6. Personal Injury Liquor Liability $1,000,000 COMBINED SINGLE LIMIT Applicable when alcohol being served Applicable to paid employees WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT EMPLOYERS' LIABILITY AND SECTION II OF THIS EXHIBIT $500,000/$500,000/$500,000 C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when Lessee has paid employees: Lessee must obtain workers' Page 14 of 17 compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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- VI I. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 15 of 17 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2011 Tejas Bowmen Archery Club lease ins. req. 6-13-11 ep Risk Mgmt. Page 16 of 17 Exhibit C Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees 2018 1`ejas Shooting Schedule-Please arrive early to practice and register 21 3D 9am star!tines S M T W Tu F f S M i w m F 3 1 2 3 4 5 6 1 3 3 4 5 6 7 7 8 9 t17 t121 It 9 10 11 12 13 1414 15 16 15 1 a 17 18 i 9 20 21 21 22 23 22 23 24 25 26 27 25 23 29 30 29 30 31 MM19 30?am stat funic F S S M i 2 3 o 10s 6 7is 17 t2 13 14 23 24 19 2i3 21 26 27 28 3073 25 3D YeAVeme 9am i5 30 gam start lime Strrl lime MM F s5 M I w '.Th F S2 319 tQ2 3 A S 6 3 16 t7 4 10 31 12 13 ':� 15 23 24 16 '7 18 19 20 21 2290 91 23 2e 25 26 27 28 2r' 1301 11 • •. 14-15 SYWAT#1 field Shoal 90m start lime S M I W III F $ s M I 'N' Th F s 1 2 3 A B 6 i 1 2 3 4 5 6 21.22 ASA 3D Shaot 16am 8 9 10 1 T 12 13 t4 7 8 9 10 11 12 13 shafaun start 15me for 15 1 a I7 18 19 2D 21 '4 'S 16 ' 'S '; 23 compound n stolen. 22 23 24 25 26 27 2B 21 22 23 24 25 26 27 $om shotgun xta�f fa traditional shaaten 29 33 25 2s 30 31 5.6 SYWAT 42 flue Days FmW 72,� shoot Som slant time s M T w ill F % S MS19 3D 9am slorl fitne l 2 3 4 536 7 8 9 10 11 12 4 S313 I4 15 16 17 18 19 11 12 '20 21 22 23 24 2$ 26 to t9427 28 27 93 31 2$ 26 17 3D ?am start tine F FjA w TR FSS M i w 0 f s12r x 7 892 3 4 5 x 7 62 13 1A IS 16 9 '� '7 i2 13 14 159 20 2T 22 23 1 a 1; '5 19 20 2T 22 30 2s 24 25 26 27 28 29 30 31 Page 17 of 17 Exhibit C continued Standing Rules (1) Dues are to be$100.00 per year for an adult or family membership. Youth,when joining will pay%of the adult dues. , $100 January--December 31, $50 July 1— December for first time members only. Locks will be changed on January 15 of each year (2) Fees for all club shoots and activities will be set by the Board of Directors$20 for members, $25 for non-members, 18 and under $15,family cap$50. Fees for shoots for other affiliations will be charged by their schedule (3) Funds are to be deposited within 48 hours by the Treasurer at the organizations bank. Only the President and the Treasurer shall be authorized to sign checks. Only one signature and one initial will be required on all checks (4) The club colors will be red,white and black (5) Mange rules will be posted in a conspicuous place on the range and each member will abide by all rules (6) Visitors not accompanied by a club member,will not be allowed to shoot on the club's ranges, unless it is a scheduled shoot weekend (7) Club meetings will be held on the first Wednesday of each month. The meeting time will be 7:00pm (8) No living animal shall be hunted or trapped on or around the clubs property boundaries without written approval of the Board of Directors SC GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of March 27, 2018 1852 Second Reading Item for the City Council Meeting of April 10, 2018 DATE: March 13, 2018 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation JayEll�cctexas.com; 361-826-3464 Approve sale of parkland CAPTION: Ordinance approving the sale of following 3 properties: a) Congress Park (4017 Capitol) to Southern Builder Co. LLC for $180,000; b) Creekway Park (7306 Prairie) to Southern Builder Co. LLC for $75,000; and c) Violet Park (4301 Violet) to Isaac Camacho and Janet L. Camacho for $115,000. PURPOSE: To approve the sale of park properties and authorize the City Manager to execute documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: In October 2012, the Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three of 27 were repurposed and/or adopted shortly after the plan was approved. In June and July 2014, public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven additional parks were adopted or transferred to another agency for maintenance and removed from the list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. In September 2014, City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. While there has been interest in each of the properties, the negotiated cash offers have been received for the three properties presented today. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, signs were posted in the park noting the time and date of this city council meeting The properties will be sold "As-Is" and the City will not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. In addition, any zoning changes should be handled by the developer/purchaser on an individual basis. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (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 this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contracts for sale of parkland properties Presentation Ordinance approving the sale of following 3 properties: a) Congress Park (4017 Capitol) to Southern Builder Co. LLC for $180,000; b) Creekway Park (7306 Prairie) to Southern Builder Co. LLC for $75,000; and c) Violet Park (4301 Violet) to Isaac Camacho and Janet L. Camacho for$115,000. Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offers received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sales of surplus park property with any and all improvements thereon are hereby approved subject to additional City terms and conditions amending the standard real estate form: a) Congress Park at or near 4017 Capitol to Southern Builder Co. LLC for $180,000; b) Creekway Park at or near 7306 Prairie to Southern Builder Co. LLC for $75,000; and c)Violet Park at or near 4301 Violet to Isaac Camacho and Janet L. Camacho for $115,000. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey-Opel PASSED AND APPROVED this day of 12018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor vow r CORPUS CHRISTI PARKS& RLuRLA I iON Sale of Park Land Council Presentation March 20, 2018 Sale of Parkland CHRISTI I}-f «ec A A so • Proposition 3 — Voter approval for sale of park land on November 4, 2014 • Progress • Properties listed January 24, 2016 • Signs posted in parks • Adjacent landowners were notified by mail • Broker has contacted list of interested parties gathered • Received & negotiated offers Sale of Parkland 4 C.RP- CHRISTI PAgK56 Violet Park 6 wraoeaasT C, Teras Sxare Aq uanum y rp 0 Serena Muse.,n, @ C9ri7US Christi p wales ® QD 0 o C cerp„,c-11,nrernar on� � Alrpnrt LEI E-1 0 0 0 ® 1® i- o 71 12-1 o o r s" O Congress Park Tierra Grantle o o o ® ® ® o n C?Creekway Park- F-7 ® ® O `OQp VS C�RGC a � O � r Sale of Parkland t �esz • • Congress Park Age {�f3me'S`'plemxn ,Al4 ,•,•% rr� Backstop 79 PicnicBaseball Softball rr , d 1� 1 Sale of Parkland 4 CORPUS CHRISTI Creekway Park ! ` ARKS& C re e kway Park - Amenities: • Play Unit • Picnic Unit, 5 Sale of Parkland �� coRaus Violet Park CHRISTI nec A.K,son Violet Park Amenities: • Grill Aµ ^ ., 10 . • Play Unit , • Picnic Unit e ' .0 dba s, %M d_ Sale of Parkland �� CCRPUS CHRISTI PARKSS Planning Council Highest Cash Name of Park Address Acres Area Dist List Price Status Offer Congress 4017 Capital 1.96 5 3 $275,000 $180,000 Creekway 7306 Prairie 0.87 5 5 $115,000 $75,000 Violet 4301 Violet(FM 24) 1.55 1 1 $125,000 $115,000 Cabra 1323 W.Broadway 1.36 2 1 $25,000 Available San Carlos 12650 Figueroa St. 2 1 1 $42,500 Available Acushnet 6746 Aaron 9.96 5 5 $640,000 $655,000 Sold;Ord No.030823 Durant 6113 Durant 2.84 5 5 $150,000 $130,000 Sold;Ord No.030823 Parklane 4600 Arlene 1.95 5 3 $125,000 $121,000 Sold;Ord No.030823 Peary 1750 Paul Jones 1 5 5 $37,500 $36,000 Sold;Ord No.030823 11418 Willowood Willow Creek 0.93 1 1 $60,000 $50,000 Sold;Ord No.030823 Fountain 4938 Moody 1.62 2 3 $70,000 $70,000 Sold;Ord No.030849 Mt.Vernon 5151McArdle 7.25 5 5 $1,605,000 $1,756,765 Sold;Ord No.030849 Penn Place 4302 Aaron 1.67 5 5 $120,000 $100,000 Sold;Ord No.030933 TOTAL 34.96 $3,390,000 $3,288,765 Sale of Parkland CORPUS CHRISTI 1=2'2 • Offers Received Congress Creekway Violet • Next Steps • Continue to negotiate highest cash offer for remaining parcels • After sale closure, appropriate funds in the Community Enrichment Fund. 40P TEXAS ASSOCIA77ON OF REALTORS COMMERCIAL.CONTRACT-UNIMPROVED PROPERTY I. PARTES:Seder agnea is sed and convey to Buyer the Property described In Paragraph 2.Buyer agrees to buy the Prapertyr from Seiler for the sales pica slated in Paragraph 3.The partlea to this contract are: Seger. ofty of corpus Christi Addmu*. 0 6 GOtiPIJB CHR313Tt TX 7l146g Phone: E-mall: F= Other Buyer:SOUTHEN BUIWEFt 00 LLC Address:Sig 2gaDON ST.CORPUS C Phone: 381 M1725 E-m*.CFRISGCMPUSCi�t&COM Pax: - „ Z PROPERTY: A. *PropaW means that real property situated In NUECKS, Counly, Taxes at 17 CAPITOL t3R CORPUS CHRUM TX 7 (adairers)and that is Iegally described an the attached Exult _ / or as Uk ws: CONGRESS PLACE UNIT 2 LT 3 UK 8 "F, B. Sellar will esti and convey the Property logethw wdh: (1)all rights,privilges,and appurtenances pertaining to the Property,including Seller`s right. Me.and interest n Sellers interest in of Ierrsee,rants,and security depcsitta ter all or part of the Property;and (3)Selfa`s interest in an Smnsen and permits related to the Properly. (f)asmft arty extapflans,rssarvetiorA ormsh*ts in Paragraph 12 or an edden (ifmkwal egA ate b be ya Addendum should be etteched.) 3. SALES PRICE: A. At or before daft,Buyer wld pay a renewing setas pylae fir the Praparty, 7 ON 4F.WZOW-or For (1) crash portion payable by Buyer at closing........... . . ..... ...$ (2) Stun of all filrancing described In Paragraph 4 ......... ..........$ 1)and,3A(2))....... ......... ...... 3 j Gs�GIuef,/" t �- — (TAti�'tad!)11-1$ iNttaledtor td on by gder ._ red Bullar Page 1 of i ur+r�k.rtira�.wa.mLts�s�scwsewossr,+� re..� rwsr�a+uer� +enur�rct. " /� ei'M'�"'�"" rerari.a�..�hwc+�.nworr.YrA.r reAwY�ri��tef(dr Commercial Contract-Unimproved Property concerning 4Q17 CAPITOL DR,CORpuS CHRIST]TX 78415 B. P' : (Check(1) or(2) only.) E (1) The sales price will not be adjusted based on a survey. (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. a) The sales price is calculated on the basis of$ per: (i) square foot of["total area❑net area. (ii) acre of j�total area F-?net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (4) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within _ days after the terminating party receives the survey_ If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: K A. Third PacW Financing. One or more third party loans in the total amount of$ This contract: 1. (1) is not contingent upon Buyer obtaining third party financing. X (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum(TAR-1931). B. Assurnptio : In accordance with the attached Commercial Contract Financing Addendum (TAR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be$ C. Seller f=inancing: The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR-1931) in the amount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer depos' 00 as earnest money with SAN JACINTO TITL ;Z ' itle company) a C TX 78411 (address) _ (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of$ with the title company to be made -art of the earnest money on or before:. (i) days after Buyer's right to terminate under Paragraph 7B expires;or Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR-1802)1-1-1$ Initialed for Identification by Seller and Buyer Page 2 of 13 PJD& 411 wr t z*FC"nV by npLcg'x IW70 Fllea"M.I.Rued.Fnautr Mik;higat 48@8 1d11tWSW1.0IIlx ram 401'[APITOL. Commercial Contract-Unimproved Property concerning 4417 CAPITDL pg,CORPUS Clj$Lg-pL7)(_78415. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. B. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy,subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise_ (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions,or any overlapping improvements: (a) will not be amended or deleted from the title policy. ,X (b) will be amended to read"shortages in areas"at the expense of Buyer LJ Seller. (3) Within days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyers address. B. rve :Within 5 days after the effective date: 1k, (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTAfACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount)of the cost of the survey at closing, if closing occurs. (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTAIACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller (insert amount)of the cost of the new or updated survey at closing, if closing occurs. c. B (1) Within days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if. (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or(b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 613(1) applies, ffAR-18fl2)1-1-16 Initialed for identification by Sellerand'Buyer Page 3 of 13 Pmdwced Mn xipft"by zipLrgix 10070 Fiftten Mile Roel Fraser M rhipen 49M _ 4911 CAPITOL, Commercial Contract-Unimproved Property concerning Buyer is deemed to receive the survey on the earlier of. (i) the date of Buyer's actual receipt of the survey;or(ii)of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyers timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections, It Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1),will be refunded to Buyer. (3) Buyers Failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense,will complete the following before closing: 02 �1J B. Fiasibil6ly Period: Buyer may terminate this contract r any reason within 30 days after the / effective date(feasibility period) by providing Seller written notice of termination. (Check only one box.) (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If--no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the independent consideration. t3uypr will not have the right to.JgrmiGat& under this Paragraph 76. (2) Not later than 3 days after the effective date, Buyer must pay Seller$ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragra2h 7B(2) or if Buyg[ fails to pay the earnest money. Quyer will not have the nght to terminate under this Paragraph 78. C. Inspections. Studies, 4F Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR-1802)1-1-16 Initialed for Identification by Seller and Buyer Page d of 13 produced wish npFom M by xipLoaix 18070 FdleenMile Road.Fruar.Michigm48= 400 cxrrraL. Commercial Contract-Unimproved Property concerning 4017 rAPlIQ Wit.CORPUS CHRI571 TX 78415 _.._ (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Prue y Infotmation: (1) Delivety of Em2aWnformation:Within days after the effective date, Seller will deliver to Buyer: (Check all that apply.) (a) , �r [ (b) eepies €all�tates - it st t-wiWessttme of r x-w If-not-flay-in-fuIl-an-or_befGPs ck singT_ UJ (c)-copies of-all erwtr+ a tenial assess € t -studies-e�-aflalyses --rt�sde�an�r-r�9ata ng..tg�#�e--F� y� (d)-eopias-p (e) plats of the Property; ( ; and (g) Nie (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied;and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 71)(2)survives termination of this contract. E. Contracts Affectin4 Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Setter must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases: (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease: (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and iTAR-Iaozl I-1-76 Initialed for Identification by Beller and Buyer Page 5 of 13 Produced with zipFomM by zipLcox M70 FrMaR Mile Road Rabor Mian QUe aITCAKTOL. CorrWWdetl CoMW•UrrarWQvad P(qany C0n0H►Fnp 4017 CAanrtx OR.C l8EIM CMUM tat 9411 - - (5)ay amounts payable under the teases that tine been assigned or encumbered,excerpt as Mcuray for laMs)al mmd or taken sub}ed to hillier this r mh& B. :V t l4 _s days atter the eftective date,Seller will delver to Buyer estoppel Cadillicates efgnad not errrtler than by eech tenant that leases space In the Property.The estoppel cartillcatas must Include the Certification's contained In the current version of TAR Form 1938-iComrnarciat Tersant Estoppel Certificate and any additional Inlarrneltan requested by a third party lender providing itoencing under Paragraph 4 If the third party lander requests such aadlttonal Information at least 10 days prior to the earliest date that Seller may detivar the aided esloppef certificates. 9. BROKERS: A The bmkom to this sale are: Psinclpal&akar. lk=LOWIM GgMEAlW CeeparaFlaa Brekar.fir.M2MTA!YO i/44EOCaAI'ES, _- Apani GEffR[ifi CLA1M AWL Cid r fO�ITA1 Addrara PMX2W Ad&m 110 QlRd %CORP_USQM tix7!0i,-....� Phone a F=air PW4 a Fisc rrrealr Llama No t kw=NO, etararta dpel Broker.(Check only one box.) Cooparalirrg Braker represents Boyar. 4'!�=�)Z'r,aprosents Salter only. preseents Buyesranty Is an lntermnteary between Seller and Buyer. B. �(Check 0*(1)or(2)bekw.) (Corrrpleta fire Agraomegt a*Mmeln SinAmrs on page 13 only if(1)is salected.) i)S (1)Steer will pay principal Broker do fee spectfled by separate +,edUn commission agreement # between Principal Broker and Seller.principal Broker wIll pay Cooperodng Broker 0ae fee spe cMed X ka the Agreement BebvM Brokers found betraw the pardear signatures to lids conlmrt. ) At ttsa closing of tt►!s sale,SaSier will}ray: 4V�-- "'(2 Prkiraipsf Broker a tefel rests tea all: Cooperating Broker a total cans ferw ofe oh f e sates pdCe� " " � a rash fe will be I�� Gaut ,Texas.Bader authurttes the title company to pay the brokers fraam the seller`s proceeds at dosing. N0710E' Chapiar 6Z Texas Property Code.auflt kes a broker to secure an eemad crown � WRh a tier against the property, C. The parties may not amend this Peragrapfr 9 without the wriitren consent of the brokers affected by the amendment f TAtt�td821 i.f.te r»l"d ksr kion dNaUort by Sebr_ a or 13 rtir.wr,-4sw�wofMMM Sa7�rlAOUMA rs,r wbTpw�iC7! q,TGar,tp. Commercial Contract-Unimproved Property concerning 4017 CAPITOL DR,Cogs S GEHS71_TX 70415 10.CLOSING: A. The date of the closing of the sale (closing date)will be on or before the later of. days after the expiration of the feasibility period. (specific date). X WHEN TITLE IS READY AND CLEAR (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. G. At closing, Seller will execute and deliver, at Seller's expense, a general X special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract.Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Selle{s expense,will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS)together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale_ F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. (TAR-1802)1-1-t6 Initialed for lilentiFication by 5eller and Buyer Page 7 of 13 Pawed vnth pPFa�by zipi 7807011/Milo RGaO.Fraser Michigan 48M WWN.lioLOCia[»rtl 4017 CAPITOL, Commercial Contract-Unimproved Property concerning 4o17 CAPITOL og.CogpUS CHRISTI Tx.IB4ls _. 12.SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (!f special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) BUYER IS A LICENSE REALESTATE BROKER IN THE STATE OF TEXAS 13.SALES EXPENSES: A. Seller`5 Ex n : Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording Fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. BWygrEXpensg§: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (B) other expenses that Buyer will pay under other provisions of this contract. 14.PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the safe closes vary from the amount prorated at closing,the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2)survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seiler by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closingr the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Degosits:At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received.This Paragraph 14C survives closing. (TAR,1802)1.116 Initialed for Identification by Seller_.__..._, and Buyer_ _ _. Page 8 of 13 Produter3wNr trpFtr Mty vpLOW 1BO70 MOM We Road.Fraser.Mic"an 48MA *MW-CpL0MM-= 4nt7 CAPITOL. Commercial Contract-Unimproved Property conceming 4017 CA21T-OL DR.CORPUS CHRlS11jXza415 15.DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3)which Seller may pursue; or (Check if applicable) X enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may; (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 78(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 73(1), as liquidated damages and as Buyer's sole remedy (71 �nfnrro c aririr narrnrm�nrn nr cnir o4T Gr F$ltef , r 16.CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 713(1),will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17.ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18.ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand, If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party malting demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(i) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 16, each party hereby releases the title company from all claims related to the disbursal of the earnest money- (TAR-1802)1-1-16 Initialed for Identification by Seller and Buyer,, Page 9 of 113 Produ dvvft zpFotrn*by zjPLngin 18070 rVfla n Mile Road,Fra»r M,chyan 46MO vertu sioLooi.ewn 4017 CAPITOL, Commercial Contract-Unimproved property concerning 4017 CAP[JOL DR.CORPUS CHRISTI TX 78415 _ _ E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees;and (iv) all costs of suit. G. 'Seller. Buyer intend(s) to complete this transaction as a part of an exchange of like-kind properties in accordance with Section 1091 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange.The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19.MATERIAL FACTS: To the best of Seller's knowledge and belief; (Check only one box.) X A. Sell is not aware of any material defects to the Property except as stated in the ached Commercial Prope onditton Statement(TAR-1408). 8. Except as othe ' e provided in this contract, Seller is not aware of: (1) any subsurface: s tures, pits,waste, springs,or improvem ; (2) any pending or threate litigation,condemnation, or as sment affecting the Property; (3) any environmental hazards o nditions that mate) affect the Property; (4) whether the Property is or has b used fo a storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or an erground tanks or containers; (5) whether radon, asbestos containin aten urea-formaldehyde foam insulation, lead-based paint, toxic mold (to the extent it adversely a the health of ordinary occupants), or other pollutants or contaminants ny nature now exist or ever . ted on the Property; (8) any wetlands, as defin y federal or state law or regulation, o Property; (7) any threatened or angered species or their habitat on the Propel (8) any present ast infestation of wood-destroying insects in the Property's ovements; (9) any co plated material changes to the Property or surrounding area that w materially and de . entally affect the ordinary use of the Property; (1 y condition on the Property that violates any law or ordinance. {Describe any exceptions to (1)-(10)in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in }paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21.DISPUTE RE=SOLUTION: The parties agree 10 negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22.AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR-1902)1-1-16 Initialed for Identification by seller _ antl Buyer Page 10 of 13 Prmucea"m LPF=*by itpugix 18076 Fdnw Afire Roil_Fraser fAthipert 40726 --._ _ 4017 CAPITOL. Commercial Contract-Unimproved Property concerning If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. ddenda which are part of this contract are: (Check all that apply.) (1} Property Description Exhibit identified in Paragraph 2; 'a { i r E8} Inform 'on About Bro a age rvices TA 25 1 ; and (Note. Counsel for the Texas Association of REALTORM(TAR)has determined that any of the foregoing addenda which aro promulgated by the Texas Rea!Estate Commission(TREC)or published by TAR are appropriate for use with this form.) E. Buyer IXC may may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23.TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday,or legal holiday. 24.EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyers selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seiler to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property."The real property is descnb d in Paragraph 2 of this contract. (TAR-1802}1-1-16 Initialed for Identification by Seller __.._.._ and Buyer,, Page 11 of 13 PmdueedvAth Won*by 2*Loox 18tH}Fifteen Mie Rodd,Fraser M diigen 48MB4017 CAPITOL. Commercial Contract-Unimproved Property concerning 4p1T CA JTQL QR,CDRPtI - D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E, If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties.. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment: or(2)drought or flood conditions." 26.CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on December 11, 2017 ,the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction.CONSULT your attorney BEFORE signing. Seller: 0 f Cornua Chris{,,._ __.. __.._. Buyer:wM Q+ptl4 Y Y- B13y(signature) By(signature} Printed Name: Printed Name Title ___.._.._ .._�-.. Title_ By -------–—_ By By(signature).--- By(signature) Printed Name Printed Name Title Title (TARAM)1.1.18 Page 12 of 13 Produmd was Lp omM by zowga 16070 Finno M H Road Fuser Midiigast4=15 Jot?CAPITOL. Commercial Contract-Unimproved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1)is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received.The fee to be paid to Cooperating Broker will be: $ ,or %of the sales price,or %of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: ATTORNEYS Sellers attorney: Buyer's attomey: Address: Address: Phone&Fax: Phone&Fax: E-mail: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: the title company sends to Seiler, the title company sends to Buyer. Buyer sends to Seller. >wa Seller sends to Buyer. ESCROW RECEIPT The Otte company acknowledges receipt of: A. the contract on this day (effective date); B. earnest money in the amount of$ in the form of on Title company: Address: By: Phone&FaxI� Assignee rife number(GF#): E-mail i (TAR-isoz)i-i-ie Page 13 of 13 PMdundvdh 2SpFomthy zPLoga 18010 FAA M.le Road,Frazer,MicNM 49028 www zW r,gk cm 407 CAPITOL, ADDENDUM TO COMMERCIAL CONTRACT— UNIMPROVED PROPERTY 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE 15 condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17, "ATTORNEY FEES", the last sentence shall be modified to read as follows: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initials Buyer's Initials EXHIBIT "B" "AS-IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS-IS" "WHERE-IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. c: Seller's Initials z Buyer's Initials !:'tooiSlpeweoW to Shu' AATM 2CE4FS1-BB37-UMFWS3 'TEXAS ASSOCIATION OF REALTORSOD COMMERCIAL CONTRACT-UNIMPROVED PROPERTY 1162 pF7NS�rY slFIO NIEHOr 1iEML!!lSnf1M!1WSASiQQIIfOfF�IKJLIOKSi13 iffirJrtl101alfL! Cr+s+!au.err!r Rf11L1a16a.Yw�1! 1. PARTIES:SelW agrees to sell and corwey to Bayer the Property de5cdbed h1 Paragraph 2.Buyer agrees to buy the Property from Seger for the sales price stated In Paragraph 3.The pasties to tilts contract are: Seller. Cast O(Coramr Chrtati — Address;Po Mx SM CORP TX 711042 Phone: E-maf! Fax father. -- Buyer. 3 BUUMM 9L LC Addnsax Phone:13811L Jl 0 Fax PROPERTY: A. Tmpay means that reel property situated In NIIECES County, Faxes at 44 PRUM pH.g2BEUS CKRjffl Tx 78413 (Address)and that is legally dm aftd on the alt abad Exhlbit or as Mows: Z 45 J -- L 13. Seller will sell and convey the Property tegethsrwith. (1)all rights,privileges,and appurtenances pertaining to the Property,Including SeWs rM No.and Interest (2) Seller's interest In all teases,rents,and semu ty deposits for ell at part of the Property,and , / 3) Seller's Interest in all licensesand permb related to the Property. J (Describe any excerpflom reserlralfons:orrashicttans In Paragraph 12 or an addendum.) (tf mfrrand fights ere to be an appropfia e"ndum should be attach 3. SALES PRICE: A. At or before dosing, sales . (1)Cash portion payable by Buyer at Closing....... ....(..... (2) Stmt of all flnaneirtg described In Paragraph 4 ....................S (3) Sales price(sunt of 8A(1)and 3A(2))... ... .......S go-- (TAR-M)1-1-19 hWW&d(or rdanOmko by Sager _and B+r�.. Pana 1 of 13 J1I.,frGll�WalA�i+w.{iL«lls�iirY Crl.a[LYW7S7i+Y hely S413M M Fw HL UT" A&MCA&ML 64fIrlJ.a Pwt�iwllTFrlIIdkJ�lipt fa1rB►14RIiM illii flet�i�� �IRffirilala'J ,DocuSign Envelope ID:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAI IE DR.COR US CHRISTI TX 78413 B. Adjustment to Sales Price: (Check(1) or(2) only.) ❑X (1) The sales price will not be adjusted based on a survey. [] (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of$ per: ❑ (i) square foot of❑total area E net area. ❑ (ii) acre of❑total area❑ net area. (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: ❑ (i) public roadways; ❑ (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and ❑ (iii) (c) If the sales price is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither parry terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: 0 A, Third Party Financing: One or more third party loans in the total amount of$ This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. 0 (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR-1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ ❑ C. Seiler Financinn : The delivery of a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR-1931) in the amount of 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Bu ust deposit $ $2 500 00 as earnest oney with SAN JACINTO TITLE //16 /` ale company) � STAR' 2-2-STS 1 QQ .CC TX 78411 (address) (closer). !1� I-f Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits ff the earnest money. B. Buyer will deposit an additional amount of$ with the title company to be made part of the earnest money on or before: ❑ (i) days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 513 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buye Ste" , Page 2 of 13 Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www z ogix.com 4017 CAPFrOL, DocuSign Envelope ID:3A69FA47-02CE-4E51-BB37-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR,CORPUS CHRISTI TX 78413 C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: ❑ (a) will not be amended or deleted from the title policy. ❑X (b) will be amended to read "shortages in areas" at the expense of❑ Buyer'ixl Seller. (3) Within days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: Within 5 days after the effective date: ® (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required, Buyer will reimburse Sever _ (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Ob'ections to the Commitment and Survey: (1) Within days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an °A" or W" zone as defined by FEMA). If Paragraph 6B(1) applies, (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buyej�k , Page 3 of 13 Produced with zipForm(D by zipLegix 18070 Fifteen Mlle Road,Fraser,Michigan 48626 www zi L ix com 4017 CAPITOL, DocuSign Envelope ID:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR.C OP11S CHRISTI TX 78413 Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or(ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. if Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. if Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: A s1 �xi/ter B. Feasibility Period: Buyer may terminate this contrac for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. {Check only one box.) J 0 (1) If Buyer terminates under this Paragraph 713, the earnest money will be refunded to Buyer less $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(l) or if Buyer fails to deposit the independent consideration Buyer will not have the right to terminate under this Paragraph 7B. (2) Not later than 3 days after the effective date, Buyer must pay Seller$ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the earnest-money, Buyer will not have the right to terminate under this Paragraph 7B. C. Insoeetions. Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (TAR-1802) 1-1-16 Initialed for Identification by Seller Ste`and Buye Page 4 of 13 Produced with zipFormV by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zi o ix wm 401.7 CAPITOL, DocuSign Envelope 0:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR, CORPUS CHRISTI TX 78413 (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑ (a) ; ❑ (b) r (d) L•••+irn r.rnv�r y env c4atoman�,nrntcs for theha Pp,nno Y!]Coini (e) plats of the Property; h` (f) fir y's &Fviee-pFev+der; ❑ (g) NIA (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seiler delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buye S6Lf, Page 5 of 13 Produced with zipFormt by zipLogix 18070 Fifleen Mile Road,Fraser,Michigan 48026 %vww.zioLoaix cam 4017 CAPITOL, t7 aftntt wW"16 3AWA47=E4r;5I 8577 MENDFEAm Cowrwmtnt Cans W-U*waved P4nperly canuMdIV 7su P AMID CR COREM CMInTUNIS (d) eny amourb payable under the lam that have been assigned or enclmtbared,except as sacu ty for loans)assumed of taken subject to under this contract. B. Eskc tilW Wficates VMn __days after the effective date,Seller wM debar to Buyer estappel certificates signed not gader than by each tenant that leases space In the Property.The estoppel certificates must Include the motions contained In the currant versklrl of TAR Farm 1938-Commercial Tenant Estoppel Certificate and any additlonat Information requested by a third party lender providing finarrcheq under Paragraph 4 If the third party lender requests such addkional Information at (east 10 days prior to the azdkM1 date that Seiler may deliver the signed estoppel cars icates. 9. BROKERS: A. The brokers to this sale are: Ma elpal Br*ar. TO Q&MM COWANY Coapvraffm 9roker. Mgjffl&i MM- ALYO A AASC7CUlTE.f' Agant GaMM MAM. .r..., . Agad CMs MONTALYd Mdrars FOWA asp Addrena�q aorinclH r rr�lra r rlrsln 7t a t _ Fhane&Fes T Phone&pax: E-MIM Einar Irene No. l MMA No ffam Ipei broker.(Ctletxr only ane box:) Cooperating Broker represents Buyer. and Buyer. reptaserlts setter only. represents Buyer ants. il;an lntertnediary betwaerl Seller S8 Ems:(Cheat only(1)or(2)bebm) � (Complete the Agreement Mween Btmkm an page 13 aWy#(I)is selected) - (1) Sefiar will pay Prindpsl Broker The fee spectlfed by separate whiten cammisslon agreement beWeen Principal Broker end Seller.Principal Brauer wM pay Cooperating Broker the fee apes Med /// In the Agmerllent Seiwaen Brokers found below the parties'signatures to this contract. YAt the etosing of this sate,Seger will pay: Prindpal Broker total cash fee of: Cooperating Broker a total rash at --�� ' .a ire price. ° f the sales priVU es. 2"f The cash vA pa C.ou ,Texas.Sdar authorize the title company to pay the brokers from the Sellers proceeds at closing. NOTICE.Chapter 0, Texas Properly Code, authorizes a broker to secure aro earned commission with a tfen against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. (PAR-1507)1-1-10 Irntlarad rer IdmnNficatirnn try Sadao Arad Page 8 of 13 rnssa.,.sa►.e.�pp..o.neror.«�ren..�.rw.o..uaP .�..,....,.,.... srr�Mtaa. DocuSign Fnvelope ID:3A69FA47-02CE-4E51-B837-BBE98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR, CORPUS CHRISTI TX 78413 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) ❑ days after the expiration of the feasibility period. ❑ (specific date). ® WHEN TITLE IS READY AND CLEAR (2) 7 days after objections made under Paragraph 60 have been cured or waived. B. If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a ❑general X special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buyer' Page 7 of 13 Produced with zipFormO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48025 www ZIPLOgix.com 4017 CAPITOL, DocuSign Envelope ID:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DRQ CORPUS CHRISTI TX 784 3 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) BUYER IS A LICENSE REALESTATE BROKER IN THE STATE OF TEXAS / /r 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (6) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. D. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. (TAR-1802) 1-1-16 Initialed for Identification by Seller and Buye SBCL Page 8 of 13 Produced with zipFormg by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLoaix.com 4017 CAPITOL, DocuSign Envelope ID:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7 P { I C P T 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seiler, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3)which Seller may pursue; or (Check if applicable) OX enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy (2 ,00116. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: r A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 713(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17.ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 713(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 1 a, each party hereby releases the title company from all claims related to the disbursal of the earnest money. (TAR-1802) 1-1-16 Initialed for Identification by Seller I and Buye Ste` Page 9 of 13 Produced w&7ipFarm®by zipLogix 18070 Fifteen we Road,Fraser.Michigan 48026 www.zipLooix.com 4017 CAPITOL. DocuSign Envelope ID:3A69FA47-a2CE-4E51-BB37-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR.CORPUS CH T1 TX 78413 E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. ❑Seller❑ Buyer intend(s) to complete this transaction as a part of an exchange of like-kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange_ The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑X A. Selle i not aware of any material defects to the Property except as stated in the attached Commercial etr Property dition Statement (TAR-1408). ❑ B. Except as othe . provided in this contract, Seller is not aware of: (1) any subsurface: s ctures, pits, waste, springs, or improve nts; (2) any pending or threats d litigation, condemnation, or sessment affecting the Property; (3) any environmental hazards conditions that ma ally affect the Property; (4) whether the Property is or has en used the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, o nderground tanks or containers; (5) whether radon, asbestos cont ai m rials, urea-formaldehyde foam insulation, lead-based paint, toxic mold (to the exte at it advers affects the health of ordinary occupants), or other pollutants or contaminaDlw6f any nature now exist ever existed on the Property; (6) any wetlands, as dejkl&d by federal or state law or regu "on, on the Property; (7) any threatene endangered species or their habitat on the operty; (8) any prese r past infestation of wood-destroying insects in the erty's improvements; (9) any emplated material changes to the Property or surrounding a that would materially and Mentally affect the ordinary use of the Property; (1 )any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(10) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22.AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. (TAR-1862) 1-1-16 Initialed for Identification by Seller and Buye Ste' Page 10 of 13 Produced with zipForm®by zipLogix 18070 Fifteen We Road,Fraser,Michigan 48026 www zipLogix com 4017 CAPITOL, DocuSign Envelope ID:3AE9FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract- Unimproved Property concerning 7244 PRAIRIE DR.CORPUS CHR1511 TX 7 8413 If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; ❑ ¢4)-Cofnineris< I-Gentraet Ad ❑ /\ p I I �rnr�ar-hr in 7 ti.�l�tl#II.LJ.L1)., 5)T l�lotiee-to-Pic-h+aeet'--etf-Rech-�.-r�.., ❑ - ); r(8) Information About Brokerage Services (TAR-2501); and (Note: Counsel for the Texas Association of REALTORS®(TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission(TREC)or published by TAR are appropriate for use with this form.) E. Buyer ❑X�may ❑may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23.TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notioe Required by 513,257, Water Code: "ThP real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is descn to Paragraph 2 of this contract- (TAR-1802) ontract°(TAR-1802) 1-1-16 Initialed for Identification by Seller and Buye 5+ , Page 11 of 13 Produced with zipFornnO by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipLagix.ccm 4017 CAPITOL, DocuSign Envelope ID:3A69FA47-02CE-4E51-B837-B8E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE R TI TX 78413 D. if the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as part of this contract. E. if the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. if the Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers_ Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, onh17_ the offer will lapse and become null and void. READ THIS C40FRaACT CAREFUL/L0 The brokers and agents make no representation or � rrecommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: cityof rpus Chr sti Buyer:SOUTHERN BUILDER CO LLQ Voclu'Signed by:: J I I+ rJ e �UMv �VI � 9871 SFK8B04483... By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: (TAR-1802) 1-1-16 Page 12 of 13 Produced with zipForm®dy zipLogix 18x70 Fifteen Mile Road,Fraser,Michigan 48025 www zipLooix cam 4017 CAPITOL. DocuSign Envelope ID:3A69FA47-02CF-4E51-B837-i38E98DFEA783 Commercial Contract-Unimproved Property concerning 7244 PRAIRIE DR.CORPUS CHRISTI TX 7847 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1)is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $ , or ❑ _% of the sales price, or ❑ % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker. Cooperating Broker. By: By� ATTORNEYS Seller's attorney: Buyer's attorney: Address: Address: Phone& Fax: Phone&Fax: E-mail: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: ❑ the title company sends to Seller. ❑ the title company sends to Buyer. ❑ Buyer sends to Seller. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); B. earnest money in the amount of$ in the form of on Title company: Address: By: Phone&Fax: Assigned file number(GF#): E-mail: (TAR-1802) 1-1-16 Page 13 of 13 Produced with zipForm0 by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zipLoaix.Orn 4017 CAPITOL, ADDENDUM TO COMMERCIAL CONTRACT—UNIMPROVED PROPERTY 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control,the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that Buyer's intended use is permitted in the current zoning district of the said property. 6. In regards to Paragraph 17, "ATTORNEY FEES", the last sentence shall be modified to read as follows: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initials Buyer's Initials MAR 0 1 1018 TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED CITexes Assaciation of REALTORS®,Inc.2016 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Corpus Christi,a Texas municipal corporation Address: 1201 Leopard St. Corpus Christi,Texas 78401 Phone: E-mail: Fax: Other: Buyer: Isaac Camacho&Janet Lynn Camacho Address: Phone: E-mail: Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Nueces County, Texas at 4301 Violet Rd,CC,Tx Violet Park (address) and that is legally described on the attached Exhibit 'A" or as follows: An improved tract of land located at 4301 Violet Road being legally described as Martine Subdivision,Lots 1,2,&3,Block.1, Corpus Christi,Nueces County,Texas with any and all improvements contained thereon.NCAD Tax ID#4888-0001-0010 See Exhibit A attached hereto B. Seller will sell and convey the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest (3) Seller's interest In all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's Interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seiler's interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: None Any personal property not included in the sale must be removed by Seller prior to closing. (Describe any exceptions. reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property is a condominium, attach Commercial Contract Condominium Addendum (TAR-1930).) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,000.00 B Sum of all financing described in Paragraph 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 C Sales price (sum of 3A and 3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,000.00 (TAR-1801) 1-1-16 Initialed for identification by Seller_ and Buyer. Page 1 of 14 Computer generated using Autocontract 7^r v7 from Auloneally,LLC.1060 W Plpefine.Suite 101,Hurst,TX 76053,t800)322-1176 C LLjwm*,IifnaoCerrl bm AUIDCOMraa?lCamroGriCity of CC X101-t Pnrk "Moons 03011E akml Ths Installation of AutoContraet 7"r is licensed for use to George Clower of The Ck—Comparry.and is not transferable Use by others is a violation of federal mpyright law under Trt1e 17 U 3 C 9101 Printed 92121 AM 3111201E Commercial Contract- Improved Property concerning 4301 Violet Rd.,CC,T- Violet Park 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: A. Third Party Financing: One or more third party loans in the total amount of$ 115,00o oo. This contract: ❑ (1) is not contingent upon Buyer obtaining third party financing. 'EI (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TAR-1931). 0 B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ NA ❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum (TAR-1931) in the amount of$ NIA 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit$ 1,000.00 as earnest money with San.lacinto Title co.of C.C. (title company) at 520 Lawrence St.CC,Texas 78401 (address) Shelly Grahmann (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ 000 with the title company to be made part of the earnest money on or before: ❑ (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or ❑ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money in an interest bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company In the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts;or-shortagesiri area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: "1 (a) will not be amended or deleted from the title policy. ❑ (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. (TAR-1801) 1-1 16 Initialed for Identification by Seller and Buye`L- Page 2 of 14 Computer generated using AutoCmtract 7^v7 from AutoRealty C 1060 W Pipeline Sude 101 Hurst TX 78053(500)322-1178 C 1USemudpDooumemsAutoContrac1 TCoolraaslCityof CC-Valet Park-Camacho 030118 a)ml TMs Installation of AutoContmct 7TM is licensed far use to George lower of The Clamor Company and is not transferable Use by oMm m a valatan of fedefal copyright law udder Tdle17 U S C§101 Printed,921 22 AM 311/201a Commercial Contract Improved Property concerning 4301 Violet Rd.,cG,Tx Violet Park B. Survey: Within 11) days after the effective date: ' (1) Buyer will obtain a survey of the Property at Buyers expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer N/A (insert amount)of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a surrey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 20 days if necessary for Seller to deliver an acceptable survey within the time required. Buyer will reimburse Seller 0.00 (insert amount)of the cost of the new or updated survey at closing, if closing occurs. C. UCC Search: ❑ (1) Within Nin days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show. as debtor, Seller and all other owners of the personal property in the last 5 years. x (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment, Survey, and UCC Search: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If Paragraph 66(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date Buyer actually receives the survey; or (ii) the deadline specified in Paragraph 6B. (2) Seller may. but is not obligated to, cure Buyer's timely objections within 16 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 76(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. (TAR-1801) 1-1-16 Initialed for Identification by Seller and Buyer Page 3 of 14 Cornputerg-led using AuloComracl 7"'v7,from AuloRealty.LLC,tOBO W Pipeline.Suile 101 Hurst TX 78053,.,800)322.1178 C 1UseFsUil1%I)MmerA3AutoCordfacl 71 ContractsTity of CC-Violet Park Camecho.030118.axm, This Mstallallon of AuloConeact 7"'Is licensed for use to Gearge Clower of The Clower Company and rs not transferable Use by others is a vrotahon of federal copynpht law under Tale 17 U S C.5101. Pr nled 3 27.13 PM 31f12018 Commercial Contract- Improved Property concerning 4301 violet Rd,cc,Tx violet Park 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing:None,Buyer accepts the said property in it AS IS WHERE IS condition with any and all faults-See Exhibit B attached hereto B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days after the effective date (feasibility period) by providing Seller written notice of termination. (Check only one box.) U (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ loo 0o that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paraaraph 713(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paraaraph 7B. ❑ (2) Not later than 3 days after the effective date, Buyer must pay Seller$ NIA as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 76(2) or if Buyer fails to pay the independent consideration Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies. or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's-inspections, studies, or assessments: including any property damage or personal injury Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 6 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) (TAR-1801) 1-1-16 Initialed for Identification by Seller and Buyer, _ _ Page 4 of 14 CompW.cr 0encraleo—9 AulcContract 7^'v7 iron AuloRcaay.LLC,1060 W.Refine SWe 101 Hurst.TX 76053(800)522 1178 C WsersVnDowm PentsWutoCoutMU 71CorMdslCny of CC lfiolet Palk-C— acho-030118 am l This stallotion of AutoContract 7^'is licensee for use to C—ge Clower of The Clower Corn,lany and is not transferable Use by others is a violation of federal copyrlOM I"Under Title 17 U S C 4101 Printed 9 21 25 AM 5'712016 Commercial Contract- Improved Property concerning 4301 Violet Rd.,Cc,TX Violet Park ❑ ' ❑ , 1 1 oil Ret pay f6ill 9R GF laeleFe GI96IRg' ❑ ' ❑ ll eF ' ❑ rl4abilitr ' O 4#9 PFGPG4�AL, ❑ " i ❑ eiipepseiReeme NA #g.NIA ; ❑ , studies, @F aRalyse ❑ { (p) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) ❑ (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; xJ (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied; and U (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to Its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases, (2) any circumstances under any lease that entitle the tenant to terminale the I ase or seek any offsets or damages; TAR 1801) 1 1-16 Initial^d for Identification by Seller and Buyer Page 5 of 14 Computer generated using AutoContract 7^'v7 from AutoRealty,LLC 1080 W Pipeline,Suite 101 Hurst TX 78053,(800)322-1178 C:1UsemUillDocumentSAutoContrad 7%ContractsZdy of CC-Na1e1 Park-Camacho-030118-nmi This Installation of AutcContrad 7^'Is licensed cr use to George Clower of The Cower Company,and is not transferable Use by others is a violation of federal copyright law under Ttlk 17 US.0 4101 Punted g21 27 AM 7112018 Commercial Contract- Improved Property concerning 4301 Violet Rd.,CC,TX Violet Park (3) any non-occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. 13. Egiappe , SelleF will by +Ienafl4 448 me and apy ad-d- FQqwQ6t@rl to 4 ._ ellei: way EJ&Wei; the 6691449d at least 4"ays 9. BROKERS: A. The brokers to this sale are: Principal Broker:The Clower Company Cooperating Broker: Century 21 Best of the Best Agent:George B.Clower Agent:Mary Jane Cam acho Address:P.O.Box 2525 Address:6802 Saratoga Blvd. Corpus Christi Texas 78403 Corpus Christi,Texas 78414 Phone&Fax:361.880 4111 Phone&Fax:361.891.6870 E-mail:-gbclower aol.com E-mail:camachom46 _gmail.com License No.*428055 License No.:0696105 Principal Broker: (Check only one box) Cooperating Broker represents Buyer. U represents Seller only. ❑ represents Buyer only. ❑ is an intermediary between Seller and Buyer. B. Fees: (Check only(1) or(2) below.) (Complete the Agreement Between Brokers on page 14 only if(1) is selected.) U (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: ❑ NIA % of the sales price. ❑ NIA % of the sales price. ❑ NIA ❑ NIA The cash fees will be paid in Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. (TAR-1801) 1 1 16 Initialed for Identification by Seller _and Buye Page 6 of 14 Computer genemteo using AlrteCOMlaol 7^'v7 from Aulo,teeNy LLL,1080 W P Pelma Swig t el,Hurst T)(78053(800)322 1178 C%UsemUJHN)cumemsWuloControd 71COMaclsiCify of CC-V101e1 Palk.C 8 Ch 2803 L6 axmll This mstallallon of AuloConuad 7^r is ficensed for use 10 George Clower of The Clower Como ny,a.O is rot Imnsfemble Use by others Is a violation of federal copyright law under Title 17 U SC 5101 Commercial Contract- Improved Property concerning 4301 violet Rd,cc,TX Violet Park C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) M _five(5) days after the expiration of the feasibility period. ❑ NyA _ - (specific date). ❑ NIA (2) 7 days after objections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. C. At closing. Seller will execute and deliver to Buyer, at Seller's expense, a ❑ general 8 special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract, (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or. if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (li) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary- E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer: (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. 6(TAR-1801) 1-1-16 initialed for Identification by Seller , __ and Buyer T Page 7 of 14 Computer genemteo—rig AutuContract 7^'v7 from Autortcany,LLC 1050 W Plpema.Suite 101,Hurst.1 76053(aoo)=1178C 1AJ varJ3oe ents%AUtocom�d 71Contmds%C7y of CC V.Aet Park-Camadlo-030118 axml This installation of Au,oConlrad 7—is li—sed for use to George Cl—of The Clower Comparry and l5 not transferable Use by oNers is a violation 01 le0eral acopyright Ia.under Title 17 U 5 c.§101 Printed 721 30 AM 3;12010 Commercial Contract- Improved Property concerning 4301 Violet Rd.,CC,TX Violet Park F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See attached Addendum-to Commercial Contract attached hereto 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender, (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. a for Identification b Seller — and Buyer _ _ Page 8 of 14 (TAR 1801) 1-1 16 InitialedY C WunUilODan,menlsWuloContrars 71ContraCWCily of CC-Motel Park-Camacho-030118 unit Computer generated uslnp AuloCOnlreG 7^'v7,from AutORaally LLC,1080 W Pipeline,Gune 101 Hurt T%79057(800)322 1170 Printed 9 21 31 AM 3/1/2010 This Installation of AutoContmcl 7* is Ikon ed for use to George Clower of The Clower Ccmpany and is not transferable Use by others is a rwlalion of federal wpynghl law urMer Title 17 U S.0§IDI Commercial Contract- Improved Property concerning $301 violet Rd.,cc, TX `°irlp,g 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(4) which Seller may pursue, or (Check if applicable) 0 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the esteppel eekffifiea4es, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate-this contract and receive the earnest money, les.s any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or . than the eles ng elate. it,witheut fault, geller is 1IR141410 tR_ 12119 Gla, 19HYeF FAa!ii,.L , (TAR-1801) 1 1-16 Initialed for Identification by Seller-, _and Buyer Page 9 of 14 ,;. Pusr generaleo using AuIoContrVJ 7-v7,aom AulaRealty.LLC.1080 W Pipeline.Sulk 101 Hurst,7X 70053.(800)322-1178 C XU a Ula,Doo,menlsWutoConlracl7fContractslCi y of CC kolel Park-Camacho-030118 a rml This 1n51a11MMn of AUInCon11W 7-i5 kensad for use to George Ocnver of The Clower Company and Is not transferable Use by olhers is a violation ci federal copinight law under Tillo 17 U S C§101 Printed:3'28 39 PM 311201R Commercial Contract- Improved Property concerning 4301 Violet Rd.,CC,TX Violet Park (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 76(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount- or (b) Buyer and the sales price will not be reduced. 17.ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non prevailing parties all costs of such proceeding and reasonable attorneys fees This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 713(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (III) reasonable attorney's fees; and (iv) all costs of suit. G. ❑ Seller ❑ Buyer intend(s)to complete this transaction as a part of an exchange of like kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 7 (TAR-1801) 1-1-16 Initialed for Identification by Seller and Buyer Page 10 of 14 Compwer generated using AuloComrea 7—v7,from Aut.Raalty LLC,1060 W PRpellno Suite 101 Hurst TX 78053(8001322.1178 C eiseRUOhDOcumenlsWnoContred 71Conlracls•Cily v1 LC-Urokt Park Camecno 030118 aunl This installation c1 AutuContract 7^15 licensed for use to Georg!dower o1 The Clower Company and is not lransferaole Use oy others¢a viomaoon of federal Mpyrrght law under Title 17 U 5 C§101 Pdrncd 9 21 34 AM 31112010 Commercial Contract- Improved Property concerning 4301 violet Rd.,CC,Tic Violet Park , ❑ . 1 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. ❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. ❑ B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains-the entire agreement-eff--the tpAmies and may net be chang-ed nxcept-in writing. C. If this contract Is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement D. Addenda which are part of this contract are: (Check all that apply.) U (1) Property Description Exhibit identified in Paragraph 2; ❑ , 10 (3) Commercial Contract Financing Addendum (TAR-1931); ❑ ; (TAR-1801) 1-1-15 Initialed for Identification by Seller and Buyer Page 11 of 14 Cwnmlw generaled us.ng AutaContract7"v7 fmm AuloRca0y,LLC,1000 W.Pipeline Swte 101 Nurat.TX 78053.(800)122-1 t78 C WmmUiI Documents\AuloContract 71Contracts%Cityof CC Nolel Park-Cemacno 030118 muni This irSlaflet on of AuloContled 7"n licensed for use 10 George Clower of The Clower Company and is not tmnsremMe Uso by others is a violation of federal capyn0ht lew under Title 17 U S C 5101 Printed 0'21 38 AM 3112018 Commercial Contract- Improved Property concerning 4301 violet Rd.,CC,TX violet Park X5 FAR 1996)-, ❑ ( . ❑ ' ❑ ' U (10) Information About Brokerage Services (TAR-2501); and ❑ (1 1) Addendum to Commercial Improved Contract and Exhibit B-AS IS Addendum (Note: Counsel for the Texas Association of REAL TORSO(TAR)has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission(TREC)or published by TAR are appropriate for use with this form.) E. Buyer U may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this contract. 23.TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D—. If-the Prope+-ty-adioins--or-shar$s a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract. E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra territorial jurisdiction (ETJ) of a municipality and may now o later be subject to annexation by the municipality. Each municipality maintains a map that depi its bo aries and ETJ. To (TAR-1801) 1-1-16 Initialed for Identification by Seller and Buye 9 Page 12 of 14 Computer Oenemted using AtneContrBCt 7^r v7,from AutoReaBy LLC,1000 W Pipeline,Suite 101.Hurst TX 78053(800)322-1178 C 41s,m,uuoommerns%AaleCw,I-1 71Comraclu%Clty of CC "... Pork nleedama921cho 37:a7r�f.,a?' r,� 9 13 s Asa= This installation of AwoContract 7^'is licensed for use to Gecrge Clower of The Cower Company,and s not ourrsfemble Use by others is a viotini-of federal mpyrgat law under Title 17 U S C§101 Pdis Commercial Contract-Improved Property concerning 4301 violet Rd.,CC,TX Violet Park _ determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract. H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation certificate issued for the Property during the 5 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. J. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an Impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., In the time zone in which the Property is located, on March 31st,2018 . the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller. City of Corpus Christi,a Texas municipal corporation Buyer Isaac Camacho&Janet Lynn Camacho By By: By(signature) By(signature): �— Printed Name. Printed Name: Title: Title: By: By: / p By(signature): By(signatur v — Printed Name. Printed Title: Title: (TAR-1801) 1-1-16 Page 13 of 14 Computer generated using AuloCunuaG 7"'v7,from Autoftealty,LLC,INOW.Pipeline,Su.le 101.Hurst,TX 78053(1100)322-1178 C WMMUapDocumantstAutoConboo MommclsLity o1 CC-Violet Park-Camacho-030118 a tml This Instahanon of AUJoContrao 7^Is Ikensed for use to George Clower of The Clower Company,and is not transferable Use by others is a violation of federal copyr101tt law unser Tdle 17 U 5 C§101 Printed 9 21 39 AM 3/112018 Commercial Contract- Improved Property concerning AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(l)is effective) Principal Broker agrees to pay Century 21 Best of the Best (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: ❑ $NIA , or U 2.25 % of the sales price, or ❑ NIA % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: The Clower Company c/o George B.Clower Cooperating Broker: Century 21 Best of the Best c/o Lowell Gaut By: By, ATTORNEYS Seller's attorney: Buyer's attorney: Address: Address- Phone&Fax: Phone&Fax: E-mail: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents. notices, and other information: notices, and other information: ❑ the title company sends to Seller. ❑ the title company sends to Buyer. ❑ Buyer sends to Seller. ❑ Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: ❑ A. the contract on this day (effective date); ❑ B. earnest money in the amount of$ 1,000.0o in the form of on Title company:San Jacinto Title Co-of C.C. Address, 520 Lawrence St.CC,Texas 78401 By: Phone&Fax: 361.884.7582 Assigned file number(GF#): E-mail: shellygrahmann(4sanjacintotitle.com (TAR-1801) 1-1-16 Page 14 of 14 Computer generated uv99 AulaComract 7^'v7,from AutoReahy,LLC,1060 W.Pipeline,Suite 101,Hurst,Tx 7W53.(800)322-1178 C 1llsenUlloo mer %AW Controa 7\ConaoaslCdY or CC-VMW Park Camacho•030118 aaml This instaaation of AutoContrea 7^Is lk—sed for use to George Clower of The Clower Company,and is not transferable Use by others is a violation of federal copyright Ww under Tdle 17 U 5 C§101 Primed 9 21 40 AM 3112018 TEXAS /ASSOCIATION 01• REALTORS' COMMERCIAL CONTRACT FINANCING ADDENDUM l� E 1-TH S FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOC ATION OF REALTORS®IS NOT AUT-,ORIZED ®Texas Assoc abon of REALTY.-QRS®, nz.2010 ADDENDUM TO COMMERCIAL CONTRACT BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 4301 Violet Road,Corpus Christi,Texas Violet Park The portion of the Sales Price not payable in cash will be paid as follows: (Check all that apply.) A. THIRD PARTY FINANCING: (1) The contract is contingent upon Buyer obtaining a third party loan(s) secured by the Property in the amount of$ 115,000.00 for not less than years with the initial interest rate not to exceed 9.000% per annum and payments calculated on an amortization period of no less than years. (2) Buyer will apply for the third party loan(s) described in Paragraph A(1) promptly after the effective date. If Buyer cannot obtain the loan(s), Buyer may give Seller written notice within days after the effective date and the contract will terminate and the earnest money, less any independent consideration under Paragraph 713(1) of the contract, will be refunded to Buyer. If Buyer does not give such notice within the time required, this contract will no longer be subject to the contingency described in this Paragraph A. (3) Each note to be executed under this addendum is to be secured by vendor's and deed of trust liens. ❑ B. ASSUMPTION. (1) Buyer will assume the unpaid principal balance of the existing promissory note secured by the Property payable to NIA dated NIA which balance at closing will be$ NIA . (2) Buyer's initial payment will be the first payment due after closing. Buyer's assumption of the existing note includes all obligations imposed by the deed of trust securing the note, recorded in NIA (recording reference) in the real property records of the county where the Property is located. (3) If the unpaid principal balance of the assumed loan as of the date of closing varies from the loan balance stated in Paragraph B(1), the cash payable at closing will be adjusted by the net amount of any variance; provided, if the total principal balance of the assumed loan varies in an amount greater than $ NIA at closing, either party may terminate this contract and the earnest money will be refunded to Buyer unless either party elects to eliminate the excess in the variance by an appropriate adjustment at closing (4) Buyer may terminate the contract and the earnest money, less any independent consideration under Paragraph 713(1) of the contract. will be refunded to Buyer if the note holder on assumption requires: (a) Buyer to pay an assumption fee in excess of$ NIA and Seller declines to pay such excess; (b) an increase in the interest rate to more than NIA%; or (c) any other modification of the loan documents. (5) Unless Seller is released of liability on any assumed note, Seller requires a vendor's lien and deed of trust to secure assumption, which will be automatically released on execution and delivery of a release by the note holder. TAR 1931, 1-26-10 In!t°aled fF Identification by Seller: and Buye Page 1 of 4 •i,:AutoConaacl`^ L C 1060 W P peline Sade 101 Hu;s'TX 76057(6001322-1770 C%Usersk Cl"erVAus�cAocumertslACWmlFinancung Addendum-Ring-022310 T 4 f ct'-a I.censed t,.. ., ,*.on Propert es and a not transferable Use by others is n violatmn of federal copyright law under Tde 17 USC§101 pnmed 09 01-2018 Commercial Contract Financing Addendum concerning 4301 Violet Road,Corpus Christi,Texas Violet Park (6) If assumption approval is required by the note holder, Buyer will apply for assumption approval within NIA days after the effective date of the contract and will make every reasonable effort to obtain assumption approval. If Buyer cannot obtain assumption approval, Buyer may give Seller written notice within NIA days after the effective date and the contract will terminate and the earnest money, less any independent consideration under Paragraph 76(1) of the contract, will be refunded to Buyer. If Buyer does not give such notice within the time required and Buyer does not close because Buyer is not able to assume the existing note, Buyer will be in default. ❑ C. SELLER FINANCING: (1) At closing, Buyer will execute and deliver a promissory note (the note) from Buyer to Seller in the amount of$ NIA , bearing NIA% interest per annum. Matured, unpaid amounts will bear interest at the maximum rate of interest allowed by law. (2) The note will be payable as follows ❑ (a) In one payment, due NIA after the date of the note, with interest payable: ❑ (i) monthly ❑ (ii)NIA ❑ (b) In installments of$ NIA ❑ including interest ❑ plus interest beginning NIA after the date of the note and continuing at ❑ monthly ❑ NIA intervals thereafter for NIA when the entire balance of the note will be due and payable. ❑ (c) Interest only in ❑ monthly ❑ NIA installments for the first NIA years and thereafter in installments of$ NIA ❑ including interest ❑ plus interest beginning NIA after the date of the note and continuing at ❑ monthly ❑ NIA intervals thereafter for NIA when the entire balance of the note will be due and payable. (3) The note will be secured by vendor's and deed of trust liens and an assignment of leases payable at the place designated by Seller. (4) The note will provide that if Buyer fails to timely pay an installment within 10 days after the installment is due, Buyer will pay a late fee equal to 5% of the installment not paid. (5) The note ❑ will ❑ will not provide for liability (personal or corporate) against the maker in the event of default. (6) The note may be prepaid in whole or in part at any time without penalty. Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal. (7) The lien securing payment of the note will be inferior to any lien securing any superior note described in this addendurn. If an owner's policy of title insurance is furnished Buyer. at Buyer's expense, will furnish Seller with a mortgagee title policy in the amount of the note at closing. (8) If all or any part of the Property is sold or conveyed without Seller's prior written consent, Seller, at Seller's option, may declare the outstanding principal balance of the note, plus accrued interest, immediately due and payable. Any of the following is not a sale or conveyance of the Property: (a) the creation of a subordinate lien; (b) a sale under a subordinate lien; (c) a deed under threat or order of condemnation-, (d) a conveyance solely between the parties; or (e) the passage of title by reason of death of a maker or operation of law. (TAR-1931)1-26-10 Initialed for Identification by Seller: and Buye • ._-� Page 2 of 4 Compute-generated using AutcContracO"v602 software from AutoRealty,LLC 'CROW Ppe in*Sive 101 Hurst TX 76053(800,322 1178 Clusersl7m ClowetlMusic'DocumentsW^Win-S-a,wng Addendum-Ring-022310 This nstaltation of AutoContracti°•s Incensed for use to Betty Gaston of Gaston Properties and is not transferable Use by others is a violation of federal copyright law under Title 17 US C§101 printed 03-01-2016 CommerciaContract Financing Addendum concerning 4301 Violet Road,Corpus Christi,Texas Violet Park (9) Deposits for Taxes and Insurance: Together with the principal and interest installments, Buyer 0 wili 0 will not deposit with Seller a pro rata part of the estimated annual ad valorem taxes on the Property and a pro rata part of the estimated annual insurance premiums for the improvements on the Property. (a) If Buyer deposits taxes and insurance deposits with Seller, Buyer agrees that the taxes and insurance deposits are only estimates and may be insufficient to pay total taxes and insurance premiums. Buyer agrees to pay any deficiency within 30 days after Seller notifies Buyer of any deficiency. Buyer's failure to pay the deficiency is a default under the deed of trust. (b) If any superior lien holder on the Property collects payments for taxes and insurance, any requirement to deposit taxes and insurance deposits with Seller under this addendum is inoperative so long as payments are being made to the superior lien holder. (10) Any event that constitutes a default under any superior lien constitutes a default under the deed of trust securing the note. (11) The note will include a provision for reasonable attorney's fees for any collection action. (12) Unless the parties agree otherwise, the form of the note and loan documents will be as found in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. ❑ D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: (1) To establish Buyer's creditworthiness for assumption approval or seller financing, Buyer will deliver to Seller the following information (Buyer's documentation)within NIA days after the effective date of the contract: ❑ (a) verification of employment, including salary; J (b) verification of funds on deposit in financial institutions; ❑ (c) current financial statement; ❑ (d) credit report; ❑ (e) tax returns for the following years NIA , ❑ (f) (2) If Buyer does not timely deliver Buyer's documentation or Seller determines, in Seller's sole discretion. that Buyer's creditworthiness is not acceptable, Seller may terminate the contract by giving written notice to Buyer not later than NIA days after the date Buyer must deliver Buyer's documentation under Paragraph D(1) and the earnest money, less any independent consideration under Paragraph 7B(1) of the contract, will be refunded to Buyer. If Seller does not timely terminate the contract under this paragraph, Seller will be deemed to have accepted Buyer's credit. ❑ E. SPECIAL PROVISIONS: NrA (TAR-1931)1-26-10 Initialed for Identification by Seller: and Suye _ Page 3 of 4 Compute-generated using AutoContract"v602 software from AutoReally LLC 1060W Pipe:.ne Suite 101 Hurst.TX 78053,(800)322-1176 CWseislTm CbwetWLsicloocumentsKCWinFinancing Aedendum-Ring-022318 This instal'atlon of AutoContraclTM is Lwnsed fcr use to Betty Gaston of Gaston Properties and is rat transferable Use Oy cthers is a violation of federal oopynght law under Tide 17 US C§101 printed 03-012016 Commercial Contract Financing Addendum concerning 4301 Violet Road,Corpus Christi,Texas Violet Park Seller:City of Corpus Christi,a Texas municipal corporation Buyer:Isaac Camacho&Janet Lynn Camacho By: By: By(signature). By(signature): ^� Panted Name:61 Printed Name: Title Owner Title: By: By: By(signature) By(signatde- Printed Name: Printed Name. 0 Title: Title: r (TAR-1931)1--26-10 Page 4 of 4 6L'art'ifruter cf®s`e�ate[i a.s n�nu?uG:�ira� -d'a vafwva*imrro r6 hRea,f UO WIN IN npeht: e'11 M-1 wx o,. 63 )32z?78 C.t l e' ri:o a 1,fi�,wlflneumsnislkt.k ..i->.!'C I O 4d r.ureI RN 022", 6 1. 61 d£.e defy vaMns a!Gamw,Arc;�me?i�s—6 E_nab f-�,:,4crads V1.ty arose„.5 a v=@ia4�.;c•f�d—w caE'r'tlBt' ..:der Td_..3. .;G 3 oqP ponied 03 01 t4 t$ ADDENDUM to the COMMERCIAL CONTRACT - IMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI, a Texas Municipal Corporation (the "SELLER") and Isaac Camacho & Janet Lynn Camacho (the "BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. ?. Buyer acknowledges that the subject property is being sold in its AS IS WHERE IS condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyers sole expense. shall be responsible for any and all platting and or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control. the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi—Development Services that the Buyer's intended use is permitted in the current zoning district of RS-6 (Single Family 6) for the said property. 6. In regards to Paragraph 17—ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." Seller's Initial's Buyer's Initial's EXHIBIT "A" Property Description No. SWAY .,•► "poLT . g It 7931 10 A .g0 v ,•;'•`' x � 110 20 T Q •a �l w'�` 1 O T70 BC • fir n` /..r t 1'fB tt � � , a..SetAs DRIVE ,. ���.__ rte z4 26j 1382460 359.66 2 ► Y - A70 � sWlze 00 0 eq 50 -40 aAL 4 00 3 U OL1 T t Ft�r i N 6 ► es N -10 # A332.3' 9. MUN DR. ,,.'..� ► NDSORp so fl-64 3 ,+n Z MAR r1 n.1c An improved tract of land located at 4301 Violet Road being legally described as Martine Subdivision, Lots 1, 2, & 3, Block 1, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. NCAD Tax ID#4868-0001-0010. Seller's Initial's .Buyer's Initial' EXHIBIT "B" "AS-IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "AS-IS" "WHERE-1S" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's uyer's Initial' 6. SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 27, 2018 1852 Action Item for the City Council Meeting of April 10, 2018 DATE: March 27, 2018 TO: Margie Rose, City Manager FROM: Mike Markle, Chief of Police m ikema(o)cctexas.com (361) 886-2601 Kim Baker, Assistant Director of Financial Services kim b2(a)cctexas.com (361) 826-3169 Police Uniforms and Accessories Supply Agreement CAPTION: Motion authorizing a 24 month supply agreement for police uniforms and accessories with Galls, LLC, from Lexington, Texas via BuyBoard for a total amount not to exceed $241 ,294.48. PURPOSE: This supply agreement will allow the police department to order uniforms and accessories as necessary for new cadets and current officers. BACKGROUND AND FINDINGS: The supply agreement will cover the trousers, short and long sleeve shirts, jackets, body armor, badges, and leather gear worn by the police officers. Included in the price per item is: hemming of trousers, sewing on of patches and hash marks on shirts and jackets. All orders have a delivery time of 15 to 20 days on stock items and there will be no freight charges. The Police Department has been utilizing the services of Galls for over two years with exceptional customer service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Police FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $299,225.44 $165,282.48 $464,507.92 Encumbered / Expended Amount $108,617.29 $0.00 $108,617.29 This item $76,012.00 $165,282.48 $241,294.48 BALANCE $114,596.15 $0.00 $114,596.15 Fund(s): 1020 - General Comments: The contract is for 24 months, with $76,012.00 budgeted in FY17-18. The remaining $165,282.48 will be budgeted the future years, bringing the total contract value to $241 ,294.48. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement .mUs ct,� o� V4 H SUPPLY AGREEMENT NO. 1560 U POLICE UNIFORMS AND ACCESSORIES yOHPnk Ai Ytl 1$52 THIS Police Uniforms and Accessories Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Galls, LLC ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide police uniforms and accessories in response to Request for Bid No. N/A ("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 police uniforms and accessories 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 24 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 $241,294.48, 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 12/15/17 Name: Pat Eldridge Department: Police Phone: (361 ) 886-2696 Email: Pat@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. (A) 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. (B) 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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 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 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain St., Corpus Christi, TX 78401 Phone: (361 ) 886-2696 Fax: (361 ) 886-2607 IF TO SUPPLIER: Galls, LLC Attn: Tara Beulah Title: Account Manager Address: 8430 N. Sam Houston Pkwy W, Houston, TX 77064 Phone: (281 ) 546-2643 Fax: (859) 268-5946 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 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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. 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 12/15/17 SUPPLIER Signature: �` AM—� Printed Name:R.Michael Andrews Jr. Title:CFO Date: 03/07/2018 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. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work The Contractor shall provide trousers, short and long sleeve shirts, caps, and jackets and other items worn by the Police Officers as described on Attachment B: Bid/Pricing Schedule. Included in the price per item is: hemming of trousers, sewing on of patches and hashmarks on shirts and jackets. Stock items have a delivery time of 15 - 20 days Freight charges will not be applied FOB: Corpus Christi Page 1 of 1 Attachment B: Bid/Pricing Schedule m 00 O O O O O O O O O O O O O O O O O O O O O O O o O O O O N7 O O N 00 00 00 N7 1� O r O M N O 61 �D 61 W N O M M P N6 N m L N — N L6r EH E9 E9 C.7 NN E9 Eq E9 - E9 E9 E9 E9 E9 E9 E9 E9 NN E9 E9 E9 E9 •i ~ d d 613,U = U w o Lri N CO O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 c�C E x p Ln Q a 0 0 0 0 0 0 0 0 0 0 0 0 r, 0 0 0 0 0 0 m O m O F- 00 00 O O O c-I c-I al a1 4 a1 c4 ci N Ln O Ln Ln al M l6 4 V1 o Q �' C r, r, m UO m m m m m m m w O m N a m N m a CO Z O N 2 0 d n HfLC tll O tl1 C Q :% M 7 O x 0 HC7 O�0 X d m U' v} v} v� v} v} v} v} v} v} v} to v} v} v} v} v} v} v} v} v} v} v} v} O O O Ln O r, Ln O O O O O Ln Ln O O m O O O O O O Ln M ci ci O Ln I, N N N Ln O N -1 M M -zT �3' -1 N M N M c-I M c-I M (J N 0 � Z Q y Q m O_ RJ UN N > w F K Q > V,x N 2 N F O z U X O J J J O x J •y a \> w LL F 00 0 p 0 Ln N z w O w \ w o o x j o n Q a U D N 0 L 1 N 11 N Ow , W U F- LU U n J \ -- r4 -- U U OE F 0 O w w O } \ } Z F F J 0 Ln D } J J Z Q Ln U O R3 Z J O U � O o J a 2 Q °° U w F o N — U F } a o a o = 0 ~ Z } X U V O O O i n ^ O p x wU Q Q N w a LLL O O O l O O o n w ^ LLQ w w U F O J \ Q O Q — w F- 0 m .Z >Z Ln O a w w W w y a m U7 >j J w Ln L= z Z O 'C o N o \ w w > w w w Q W w J n L,u 0 Q J w w Ln O F o (/� N N N u1 N J Ln w w U U J �w N y w O (O (D \ J N \ Q Ln F Ln O J W J J W F Ln d' W Y 0 O F N J x 0 0 2 w x Z F- V) Z } LXi V w } O z F N Q M m n n 0 Q Ln 0 L O o J O Q U x U J z x 00 0 J J O Ln O N o Ln p o U x n J N p 00 x J U � U o ^ w o Ln Ln J Ln Z :I-- OJ w N Q � w Q Ln Ln r, Zo Ln Z z Q Z w Ln n l7 Q Q C7 Ln CO O N ^ Ln w O w w Q LL w O n w n Ln " Ln � 2 2 m p w N Z Ln N N Ln Y w CO U w n p N Y U Z U 3: Q O LN O D U = U p � � O N +- z o N 3 U w a J O N z z z a a O LL Un O y y Z } Z n n LL F Z l7 U W W LL •L 0- } Z O LL W LL J Z (] LL } W J U_ L` J O O d z F r L ti x O O U U) l7 M U L O p w CO U m m m m LU m Z O_ D d N o o O U m e m Q0 w EE 0 — m m oo a m x > v LU > > > l O MO > > > > > a > a y z > z z z U W Q Q Z Z Z Q Z Q m 0 U U Q 00 0 Ur Y y CO w ra`r Z Z N I, U 0 Z l0 N J 0 0 K /1 O n n 00 N c-I lO M M X M r� N 10 m r14 Ln N ^ ^ Lf1 m n Ln N � Ln i9 qT Ln m m � lfl O qT O M ci c-I l0 l0 c-I T M � n lfl to `'1 M l0 l0 y M Ln al r� a m J J 0 Cr = X = = U Z Zi } a J Ln O F 0 F F F F F Ln Ln N Ln Ln Ln w w m m m WI W 2 Ln Ln F Ln Q to E n S= 7 N p Zv C Q CO No6 r_ OV E _T Q Q Z in U Page 1 of 2 O O O O O O N O N . 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J M O O Q ' 3 (7 a 0 � T a (0 Qj O U �0 � O a � � o N a� m 0 U c o M O a O o cr a � .MO w C o r 00 o C E o ID o U a O U N L u U � O `O EO N C E � O O C tl� 0 T w EOU -�O Na AV,) 0 0 0 O A X M M0 M o o a r O N x o Z cn Z Z Z JO J J J J J U J cr C T > p � U U U U U d. m 2 .— M C cu 01 .� N N N O O l0 n O n a N Z N d N N F ( .� d `m Q Page 2 of 2 Attachment C - Insurance Requirements Insurance is Not Required Page 1 of 1 Attachment D: Warranty Requirements At the Contractor's expense, the Contractor shall repair, replace or provide a refund for a newly purchased merchandise that is delivered defective and rejected by the Contract Administrator. The City will allow up to 20 days for the Contractor to correct or replace any garment that is not accepted by the City due to defect or incorrect size. Page 1 of 1 CITY OF CORPUS CHRISTI,TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 6 MONTHS ENDED March 31,2018 Run:03/07/2018 at 5:00 AM ORGANIZATION: 11740-Uniform Division Fund: 1020-General Fd Annual Commitments& Unencumbered %of Budget Acct# Account Description Original Budget Amended Budget Expenditures Encumbrances Balance Expended 510100 Salaries and Wages 19,634,899.39 19,634,899.39 7,545,574.97 0.00 12,089,324.42 38.43 510200 Overtime 1,110,008.00 1,110,008.00 404.854.90 0.00 705,153.10 36.47 510300 Other Pay 1,312,439.00 1,312,439.00 578,392.49 0.00 734,046.51 44.07 511000 Retirement 6,538,916.80 6,538,916.80 2,435,290.25 0.00 4,103,626.55 37.24 513000 Group insurance benefits 4,036,642.00 4,036,642.00 1,681,934.15 0.00 2,354,707.85 41.67 513001 Other employee benefits 137,201.02 137,201.02 57,167.10 0.00 80,033.92 41.67 530070 Temporary services 60,870.00 60,870.00 18,388.77 0.00 42,481.23 30.21 Total Personnel Costs 32,830,976.21 32,830,976.21 12,721,602.63 0.00 20,109,373.58 38.75 520025 First aid supplies INV cImi 0.00 0.00 60.00 390.00 (450.00) 0.00 520030 Chem/hsld supplies INV c 7,143.00 7,143.00 58.68 0.00 7,084.32 0.82 520035 Janitorial supplies INV clrr 0.00 0.00 0.00 107.96 (107.96) 0.00 520040 Clothing INV cImg 277,398.00 299,225.44 99,583.79 16,974.39 182,667.26 38.95 520050 Fuel&lubricants 216,000.00 216,000.00 215,988.83 0.00 11.17 99.99 520070 Food and food supplies 0.00 0.00 823.55 0.00 (823.55) 0.00 520090 Minor tools&equip 77,214.00 77,227.00 15,902.91 8,766.50 52,557.59 31.94 520100 Computer equip&softwar 0.00 0.00 306.88 0.00 (306.88) 0.00 520110 Minor office equipment 3,210.00 3,553.19 649.96 343.19 2,560.04 27.95 520120 Office Supplies 12,000.00 12,000.00 3,311.90 2,688.10 6,000.00 50.00 520130 Maint&repairs INV cImg 0.00 0.00 418.47 240.00 (658.47) 0.00 530000 Professional services 4,050.00 4,275.00 5,314.00 972.06 (2,011.06) 147.04 530100 Vehicle repairs 2,500.00 2,500.00 128.43 0.00 2,371.57 5.14 530140 Postage&express charge 1,050.00 1,050.00 62.50 169.52 817.98 22.10 530160 Rentals 3,127.00 3,406.15 606.25 279.15 2,520.75 25.99 530170 Mileage reimbursement 0.00 0.00 (1,289.23) 0.00 1,289.23 0.00 530230 Equipment maintenance 112,690.00 112,907.50 16,356.26 76,990.30 19,560.94 82.68 530250 Memberships,licenses& 71.00 71.00 245.00 0.00 (174.00) 345.07 530500 Printing advertising&PR 750.00 750.00 320.00 990.00 (560.00) 174.67 530520 Printing outside print shop 2,250.00 2,250.00 0.00 0.00 2,250.00 0.00 537218 Police Supplemental Insui 48,120.00 48,120.00 15,020.00 0.00 33,100.00 31.21 537287 Police Vision Insurance 33,684.00 33,684.00 9,485.00 0.00 24,199.00 28.16 537390 Sworn Empl-Dental 216,540.00 216,540.00 59,835.00 0.00 156,705.00 27.63 547010 Travel 0.00 0.0025( 8.00) 0.00 258.00 0.00 Total Operating Costs 1,017,797.00 1,040,702.28 442,930.18 108,911.17 488,860.93 53.03 CITY OF CORPUS CHRISTI,TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 6 MONTHS ENDED March 31,2018 Run:03/07/2018 at 5:00 AM ORGANIZATION: 11740-Uniform Division Fund: 1020-General Fd Annual Commitments& Unencumbered %of Budget Acct# Account Description Original Budget Amended Budget Expenditures Encumbrances Balance Expended 548010 Fleet Repair Costs Alloc 1,124,916.00 1,124,916.00 468,715.00 0.00 656,201.00 41.67 548020 Vehicle/Equip Pool Alloc 1,609,848.00 1,609,848.00 670.770.00 0.00 939,078.00 41.67 548060 MIS Alloc 1,647,512.33 1,653,771.36 689,071.40 0.00 964,699.96 41.67 548120 Self Insurance Alloc 700,550.38 700,550.38 291,896.00 0.00 408,654.38 41.67 548540 Transfers for capital outlay 1,300,000.00 1,300,000.00 541,666.65 0.00 758,333.35 41.67 Total Allocations 6,382,826.71 6,389,085.74 2,662,119.05 0.00 3,726,966.69 41.67 TOTAL 40,231,599.92 40,260,764.23 15,826,651.86 108,911.17 24,325,201.20 39.58 so O H v AGENDA MEMORANDUM NCpgpOR 1Future item for the City Council Meeting of March 27, 2018 1852 Action item for the City Council Meeting of April 10, 2018 DATE: March 05, 2018 TO: Margie C. Rose, City Manager FROM: William J. Green P.E., Interim Director, Development Services Department BiIIG@cctexas.com (361) 826-3268 Resolution authorizing outside city limits water contracts with property owners in the Nottingham Acres Unit 2 Subdivision. CAPTION: Resolution authorizing outside city limits water contracts with property owners in the Nottingham Acres Unit 2 Subdivision. PURPOSE: The City Council is required to approve the outside city limits water contract for a new water connection before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into an outside city limits water contract with the property owner at Nottingham Acres Unit 2 Subdivision Lot 6 Block 4 to provide public water located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. BACKGROUND AND FINDINGS: Section 55-113 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property as a condition of City water service. The property owner, Golden Real Estate & Construction, Inc., is proposing to build a home on a tract of land outside the city limits. Nottingham Acres Unit 2, consisting of 69 lots, is an extension of Nottingham Acres Unit 1 which consists of 31 lots. The plat for Nottingham Acres Unit 1 was approved by Planning Commission on December 3, 2014 and recorded in the Nueces County map records on September 2, 2015. A resolution to enter into outside city limits water contracts with property owners of Nottingham Acres Unit 1 was passed by City Council on December 8, 2015 with 9 votes in favor and 0 in opposition. When Nottingham Acres Unit 1 Subdivision was constructed, a public waterline was extended to the area and made available to the properties within Nottingham Acres Unit 2 Subdivision. In order to obtain public water, the property owners of must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit building plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such building construction. A water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction of homes may only occur in compliance with City regulations, including building construction permit requirements, as though the property were inside the City, subject to the applicable fees. The plat for Nottingham Acres Unit 2 Subdivision was approved by Planning Commission on June 29, 2016 and recorded in the Nueces County map records on September 1 , 2017. Nottingham Acres Unit 2 is located South of Farm to Market 43 between County Road 47 and County Road 49. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve a contract for each of the lots. In order to expedite contract execution, the City Council authorizes the City Manager or designee to execute the remaining water service contracts within the subdivision. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owner to provide public water to their property located outside the city limits. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-113 of the City Code requires City Council approval of outside-City-limits water contracts. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 CIP onl Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract Exhibit A — Location Map Resolution authorizing outside city limits water contracts with property owners in the Nottingham Acres Unit 2 Subdivision BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council authorizes the City Manager or designee to enter into outside city limits water contracts, an example of which is attached to this resolution, and incorporated herein for all purposes, with property owners in Nottingham Acres Unit 2 Subdivision to provide public water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Debbie Lindsey-Opel STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten-acre feet of water during the entire contract term . THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Golden Real Estate & Construction Consulting Group, Inc. a Texas Corporation (Owner), whose address is 46 W. Bar Le Doc, Corpus Christi, TX 78414, Charter Bank (Lienholder) whose address is 3701 Saratoga Boulevard, Corpus Christi, Texas, 78415 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to-wit: Nottingham Acres Unit 2, Lot 6 Block 4 also commonly known by its street address as 2366 Loxley Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. Page 1 of 3 IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND thisday offJatz , 2018. jA WNER: Golden Real Estate onstruction Consulting Group, Inc. 1 mir arg oni, P esi STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this thed day of 2018, by Amir H.Zarghoo���ii�bt# J3 Wqt of Golden Real Estate&Construction Consulting Group, Inc. a Texas t .Wp9 q�OF��'Py.' Notary Public, State of Texas AR L HOLDE Cha ;' i19���`````� David dadena, Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of�#a4'-'J 2018, by David Ca`d, * �� j)F sident of First Community Bank. Nop r = Notary Public, State of Texas . 0 Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta William J. Green, P.E. City Secretary Interim Director Development Services Department STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2018, by William J. Green, Interim Director of Development Services, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: 19 day of March , 2018. tll�le Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 KIRKLEES MAJOR OAK w J X I0 PRINCE JOHN Nottingham Acres, Unit 2, Block 4, Lot 6 EE 0 0.125 0.25 0.5 Miles N „-CR 26 CR26 Christi Exhibit "A" 0 r ' !2 U1 C7 FM 43 Water Contract Location Map U � HYDE PARK Q,Q City Limits Site DR22 n a SCS U"'PRAIRIE CR 26A v RABBIT RUN Date Created:1013012017 Prepared By:Joanna Scott Department of Development Services Projected Coordinate System:NAD_1983_StatePlane Texas_South_FIPS_4205_Feet Projection:Lambert Conformal_Conic File:K:IDevelopmentSvcsISHAREDIGIS ProjectslCases12017 Water ContractslNottingham AcresVnit 218lock 4,Lot 61NottinghamAcresUnit2Bli4Lt6_OCLWC.mxd ✓. it i Outside City Limits Water Contract Nottingham Acres Unit 2, Lot 6 Block 4 (1300 Block of FM 43) City Council Presentation March 27, 2018 `oaQus cy�.r i O % AERIAL 1 • NOTTINGHAM ACRES UNIT 2s 86 ea � a i. -- � � 4Cor us Christi Cit Limits t ! R r y /Fa AERIAL MAP 11 Lot 6 Block 4 SC)UTAAh7PTON CP 2366 Loxley �I E iyl » � P�TAID_MARIANC�— Existing 2 HDPE owl LI ON.NEART_CT Existing 8" 'ELIW—INS,ItT -- Distribution Lines C1WE . " I , Existing 6" l CR267292 763 Co pus Distribution Lines Qhz ffBay c0.35a '`�� „\ BB 7B3 Y� \ . .. g.. T azcR zs cRa en -ate 2, / 95 \\ C z �9 \� CR cR zoiz449q oo,SUBJECT ° cR 1E ��. —WSHHIITEHAND"GT — ss a CR 47 ca a,o CR 57 Gc 4oa2 I CR 43 // CR 492 CR 22. cR6 c Staff Recommendations Staff recommends: • Approve the proposed outside city limits water contract. CITY COUNCIL EXECUTIVE SUMMARY Council Priority WATER & STREETS / Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works j Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Legistar ID March 27, 2018 Motion 18-0198 Agenda Title: Professional Services Contracts— Construction Inspection Staff Support PROPOSED ACTIONS/RECOMMENDATIONS ➢ Approval ➢ Staff Recommendation: o Award (NEW) contract to AGICM - $ 1,060,000 ■ 6 Inspectors o Award contract amendments to Freese and Nichols - $ 486,640 ■ 3Inspectors o Award (NEW) contract to Heneco - $ 894,400 ■ 5Inspectors o Award (NEW) contract to Maverick Engineering - $ 187,200 • 1 Inspector o Each has option to administrative) execute two 6-month renewals SUMMARY ➢ 2016 Engineering Department assessment recommended contracting staff support for peak periods ➢ Currently at elevated level of construction activity: o > 50 Major City projects valued at approximately$253 Million o + 60 active subdivision & commercial projects under construction o + 68 projects in close-out ➢ Currently 15 City Inspectors, 12 Contract Inspectors: o Item: ■ Adds 3 new Inspectors ■ Replaces 9 existing contracts with new contracts ■ Extends 3 existing contracts o Total Contract Inspectors - 15 ➢ Request for Proposal: o Inspectors selected based on individual qualifications & proposed rates, not by company o Same responsibilities / work product as City staff PRIOR COUNCIL ACTION ➢ Previous Contract Inspection services contracts (under prior RFPs) awarded April 18, 2017 FINANCIAL CONSIDERATIONS ➢ Funding available in project budgets ALTERNATIVES ➢ Authorize execution of contracts. SUPPORTING DOCUMENTS ➢ Item Details ➢ Exhibit 1: Number of major active construction projects ➢ Presentation ➢ Location Map ➢ Contracts (4) FUTURE ACTIONS ➢ None Project No.(Various) JR/VP Rev.6—03/22/18 Item Details Legistar # 18-0198 Professional Services Contract Amendments — Construction Inspection Staff Support (Capital Improvement Program and Bond Projects) Council Meeting Dates: Item Being Considered: First Reading — March 27, 2018 Motion Second Reading —April 10, 2018 RECOMMENDATION: Authorization to execute multiple amendments, and award of a new contract with options to administratively execute two 6-month renewals, for Construction Inspection staff support for Capital Improvement Program (CIP) and Bond projects as follows: Firm Inspector Original Amendment No. Contract Duration Optional Contract (if applicable) (THIS ITEM) Extensions Freese Nichols David Marotta $48,000 Amend.No. 1 $160,000 40 weeks None Freese Nichols Harley Hampton $47,520 Amend. No. 1 $158,400 40weeks (1)one-year renewal Freese Nichols Arturo Hernandez $37,440 Amend.No. 1 $162,240 42 weeks (1)one-year renewal Maverick Engr Joe Sandoval $187,200 New Award $187,200 12 months None AG I CM Robert Munoz $166,400 New Award $166,400 12 months (2)6-month renewals AGICM Russell Soike $187,200 New Award $187,200 12 months (2)6-month renewals AG I CM Manuel Hernandez $187,200 New Award $187,200 12 months (2)6-month renewals AGICM Bobby Barker $187,200 New Award $187,200 12 months (2)6-month renewals AG I CM Marcus Garcia $197,600 New Award $197,600 12 months (2)6-month renewals AG I CM George De La Cerda $135,200 New Award $135,200 12 months (2)6-month renewals Heneco Jordan Dartest $156,000 New Award $156,000 12 months (2)6-month renewals Heneco Johyn Hinojosa $197,600 New Award $197,600 12 months (2)6-month renewals Heneco Louis Estopinal $176,800 New Award $176,800 12 months (2)6-month renewals Heneco Julian Pineda $176,800 New Award $176,800 12 months (2)6-month renewals Heneco Darrell Donahoe $187,200 New Award $187,200 12 months (2)6-month renewals Total $2,623,040 SUMMARY: Engineering Services has historically used a combination of in-house and contract staff resources to accomplish its mission. Current workload demands exceed the capabilities of the existing inspector workforce of 15 City employees (of 19 positions). Over 50 major City construction projects, with a total contract value of approximately$253 Million, are under construction. This is one of the highest levels of construction activity in several years. Exhibit 1 illustrates how construction workload has evolved over the last few years with Bond 2012 and Bond 2014 projects moving into construction. The 2016 assessment of the Engineering Services Department recommended use of"surge" contracted services to address the needs of peak construction activity. The contracts in this agenda item reflect implementation of that recommendation. The City uses a sealed competitive Request for Proposals (RFP) procurement to select specific inspectors based on the individual's qualifications and proposed hourly rates. Based on the inspector selections, a small Construction Inspection contract (under$50,000) is typically required to meet specific project construction start dates while a large contract amendment is finalized and presented to City Project No.Various 1 JR/VP Rev.6—03/22/18 Council for award. This item is the result of implementing two RFP's. The two recent RFP's were issued in July 2017 and January 2018. Two previous RFP's were issued in October 2015, and October 2016. This process provides a best value procurement that evaluates individuals' qualifications and competitive rates. It achieves significant savings while increasing the level of inspector qualifications, and allows the City to provide a more standardized management approach to construction oversight across the City's entire construction portfolio. The contracted Construction Inspector work assignments and responsibilities are comparable to City Employee requirements for maintaining regular business work hours and completion of required responsibilities. The proposed contract amendments (THIS ITEM) award new contracts and extends the period of performance for contracted construction inspectors to align with the project duration or up to one-year, whichever is shortest. Inspector assignments on projects with construction durations beyond one-year include optional time extensions. Staff will evaluation the available resources and project requirements at the end of the proposed timelines to determine if exercising the extension is required due to resource limitations and construction continuity. Staff will administratively authorize optional extensions if additional time is required for the project and internal staff resources are inadequate. Construction Inspectors are essential to the successful execution of construction projects. Responsibilities include: • Daily onsite monitoring to ensure that contractors are compliant with contract documents, codes and regulations • Daily quality assurance of the contractor's performance for quality control with materials and workmanship • Coordinate and monitor traffic control plans and other construction impacts with local businesses, residents and other agencies • Coordinate City utilities for outages, connections etc. with Operating Departments and local businesses and residents • Coordinate with private utilities including AEP, AT&T, Time Warner, etc. • Regular project progress monitoring and tracking to adequately review and recommend progress pay applications from the contractors • Implement and coordinate proper material testing, general inspections, special inspections and final inspections Inspection services are also provided for public infrastructure in private subdivisions and commercial developments approved by Development Services. There are currently 60 active subdivision and commercial projects for which Engineering provides inspection services. Additionally, there are currently 68 projects under close out which include 31 Engineering Services projects and 37 subdivision and commercial projects. Inspectors are critical in the close out process as they are closely in tune with the issues from the day to day construction activities. PREVIOUS COUNCIL / BOARD ACTIONS: Contract Amendments for Construction Inspection services under the 2016 Request for Proposals was awarded on April 18, 2017. Project No.Various 2 JR/VP Rev.6—03/22/18 EXHIBIT 1: Major Projects Under Construction ACTIVE BOND & CIP CONSTRUCTION PROJECTS (Excludes New Development Projects) CURRENT DATE 60 s0 v 40 a 30 20 10 0 .n .n .1 10 10 10 10 10 0 n n n n n n 0o ao ao 00 00 CO a+ 0+ e+ vm a+ o+ 0 0 0 0 0 0 N e1 N A H N H N N H H H N N H N e1 N N H N N N N N N N N N N N N> A d O ^ A $ C O C T A Y C A A -5 d ^ A A d O ^ A A d O ,A Corpus Chr sti Engineering Construction Inspection Staff Support Contracts Council Presentation March 27, 2018 Construction Activity L Trend Corpus Engineering ACTIVE BOND& CIP CONSTRUCTION PROJECTS (Excludes New Development Projects) 80 70 CURRENT DATE 60 50 O 40 30 20 YO �II II I 0 2 Construction Activity Forecast CEngineeningorpus Engineering FORECAST BOND & CIP CONSTRUCTION PROJECTS (Excludes New Development Projects) su 70 Bond 2018 Election BO I I so I I � I v w I 0 30 - - 20 0 aha ''aoio�LLEag' a� io�d a�''a'm�oio afar' a��io�a aE� a-oio ■Pre--'18 Bond 8,CIP P,.jects •2018CIP Proj— ■Bond'18R.d ■Bond'IB Facilities 3 Current Construction Activity Co Engineering Bring ➢ Experiencing Peak Level of Construction Activity ➢ Currently 53 City Projects under Construction ✓ Bond, CIP and operating projects ✓ Active project portfolio of $275M ✓ $10-15M average monthly pay applications ➢ 16 New Subdivision Projects under Construction ➢ Contract Staff Required to Manage Workload ✓ Currently: 0 15 (of 19) budgeted inspector positions filled 0 12 total contract inspectors Inspector Procurement Corpus Chrsti Engineering ➢ Construction Oversight Services Procured ✓ Request for competitive proposals (RFP) ✓ Supplements existing budgeted staff ➢ Best Value Procurement ✓ Improved quality and reduced cost ✓ Based on individual inspector qualifications (resumes) and proposed hourly rate ➢ All-inclusive Rates ✓ Includes vehicle, computer, telecom resources Inspection Contracting k* Benefits Corpus Engineering ➢ Allows Rapid Response to Workload Changes ✓ 'Ramping up' support as workload increases ✓ 'Ramping down' as workload decreases ➢ Provides Experienced Inspectors ✓ Ready to "hit the ground running" ➢ Best Value Procurement Approach ✓ Cost savings Construction Management Corpus*Ch,sti Engineering ➢ Currently: ✓ 15 City Inspectors (of 19 Positions), ✓ 12 Contract Inspectors ➢ This Item: ✓ Adds 3 new Inspectors ✓ Replaces 9 existing contracts with new contracts ✓ Extends 3 existing contracts ✓ Total Contract Inspectors - 15 Construction Inspection 3 Staff Support Contracts k,Chrsti Engineering QUESTIONS 8 Morgan Del Sal-Loma Farm Area Linda tit I rade•wim:: N i7 I : Taft SCALE: N.T.S. ray Asa {idem Falma tt Grego A �r Doyle • nd Ingleside Ingleside on the Bay. h San dry I.;±il�7l.` 4, III:=;fl obstown _ 0'.. '�C' 7 �, n Staff Augmentation - Construction Inspection (Citywide) Tierra Grande Petranila asp Chapman Ranch #� r LOCATION MAP NOT TO SCALE CITY COUNCIL EXHIBIT Staff Augmentation - Construction Inspection CITY OF CORPUS CHRISTI,TEXAS v DEPARTMENT OF ENGINEERING SERVICES wv CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES 17102A Construction Inspection Staff Augmentation (David Marotta) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Page 1 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings,job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $160,000 for a total restated fee not to exceed $208,000. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. Page 3 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 40-weeks beginning on the Effective Date, for a total of 12-months. T49 Page 4 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGEAMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: Page 8 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such em ployment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. Page 9 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest' in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS DAVID MAROTTA\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC CITY OF CORPUS CHRISTI FREESND NICHOLS �. 2 .S'. ! Jeff H. Edmonds, P. E. Date Ron Guzman, P. E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Boulevard, Suite 160ON Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.07/16 K\ENGINEERING DATAEXCHANGMVELMAP%ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION-RFP NO 2017-02TREESE NICHOLS DAVID MAROTTAI2 LARGE AMENDMENT NO 12017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO 1 DOC Construction Inspection Staff Augmentation (David Marotta) [RFP No. 2017-02] Project Number 17102A Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Amount Storm Water 2015 4530-043 550910 E16247-01-4530-EXP $93,600 Street 2015 GO Bd 2014 3551-051 550910 E16247-01-3551-EXP 66,400 Total $160,000 FREESEInnovative approaches Practical results rm'AICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com February 5, 2018 City of Corpus Christi Attn: Jeff Edmonds, P.E. Dept. of Engineering Services P.O. Box 9277 Corpus Christi,Texas 78469-9277 Re: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION —RFP 2017-02— AMENDMENT#1 DAVID MAROTTA—PROJECT NO. E15107 AND OTHER STREET PROJECTS Dear Mr. Edmonds: Thank you for this opportunity for Freese and Nichols (FNI)to provide our services to the City of Corpus Christi on the above referenced contract. FNI proposes to provide the following inspectors on a full-time basis for a period of 40 weeks (starting on or about March 28, 2018) at the corresponding rate and Not to Exceed (NTE)amount for the Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2017-02: David Marotta $100/hr NTE - $160,000.00 It is our understanding that David will be assigned to street projects or as otherwise directed by the City of Corpus Christi. Execution of the Original Contract and this Amendment No. 1 will provide 12 months of inspection services to be provided by David. We appreciate the City of Corpus Christi and look forward to future opportunities to provide our services. Sincerely, Chris Jones Ron Guzman Associate/Construction Services Group Manager Vice President/Principal cc: John New— FNI Central Texas Division Manager AMEND. NO. 1 Exhibit "A" Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER ■�1 TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: City of Corpus Christi P. O.BOX: P. O.Box 9277 STREET ADDRESS: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401- FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying &4; Date: 1/26/2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES 17102A Construction Inspection Staff Augmentation (Harley Hampton) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Page 1 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings,job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $158,400 for a total restated fee not to exceed $205,920. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. Page 3 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 40-weeks beginning on the Effective Date,for a total of 12-months. The Agreement may be renewed for up to one 1 one-year renewal options upon mutual agreement of the parties to be Page 4 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: Page 8 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. Page 9 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC CITY OF CORPUS CHRISTI FREES E ND NICHOLS 1L 2S• Jeff H. Edmonds, P. E. Date Ron G man, P. E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Boulevard, Suite 160ON Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.07/16 K\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO 2017-02\FREESE NICHOLS HARLEY HAMPTON\2 LARGE AMENDMENT NO 1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO 1 DOC Construction Inspection Staff Augmentation (Harley Hampton) [RFP No. 2017-02] Project Number 17102A Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Amount Wastewater 20126 4249-042 550910 E17029-01-4249-EXP $158,400 Total $158,400 FREESEInnovative approaches Practical results rm'AICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com February 5, 2018 City of Corpus Christi Attn: Jeff Edmonds, P.E. Dept. of Engineering Services P.O. Box 9277 Corpus Christi,Texas 78469-9277 Re: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION —RFP 2017-02— AMENDMENT#1 HARLEY HAMPTON— PROJECT NO. E17029 AND OTHER UTILITY PROJECTS Dear Mr. Edmonds: Thank you for this opportunity for Freese and Nichols (FNI)to provide our services to the City of Corpus Christi on the above referenced contract. FNI proposes to provide the following inspectors on a full-time basis for a period of 40 weeks (starting on or about April 9, 2018) at the corresponding rate and Not to Exceed (NTE) amount for the Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2017-02: Harley Hampton $99/hr NTE - $158,400.00 It is our understanding that Harley will be assigned to utility projects or as otherwise directed by the City of Corpus Christi. Execution of the Original Contract and this Amendment No. 1 will provide 12 months of inspection services to be provided by Harley. We appreciate the City of Corpus Christi and look forward to future opportunities to provide our services. Sincerely, Chris Jones Ron Guzman Associate/Construction Services Group Manager Vice President/Principal cc: John New— FNI Central Texas Division Manager AMEND. NO. 1 Exhibit "A" Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER ■�1 TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: City of Corpus Christi P. O.BOX: P. O.Box 9277 STREET ADDRESS: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401- FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying &4; Date: 1/26/2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR REPRESENTATIVE SERVICES 17102A Construction Inspection Staff Augmentation (Arturo Hernandez) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Page 1 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $162,240 for a total restated fee not to exceed $199,680. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. Page 3 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 42-weeks beginning on the Effective Date,for a total of 12-months. The Agreement may be renewed for up to one 1 one-year renewal options upon mutual agreement of the parties to be Page 4 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's abi lity to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: Page 8 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. Page 9 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest' in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC CITY OF CORPUS CHRISTI FR ES 4ND NICHOLS 2-14-2018 Jeff H. Edmonds, P. E. Date Ron Guzman, P. E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Boulevard, Suite 160ON Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.01/17 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\FREESE NICHOLS ARTURO HERNANDEZ\2 LARGE AMENDMENT NO.1\2017-01-31 CONTRACT REPRESENTATIVE SERVICES AMENDMENT NO.1.DOC Construction Inspection Staff Augmentation (Arturo Hernandez) [RFP No. 2017-02] Project Number 17102A Amendment No. 1 Fund Name Accounting Unit Account No. Activity No. Amount Water Capital Reserve 4480-041 550910 E16247-01-4480-EXP $38,693 Storm Water 2015 4530-043 550910 E16247-01-4530-EXP 123,547 Total $162,240 FREESEInnovative approaches Practical results rm'AICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com February 14, 2018 City of Corpus Christi Attn: Jeff Edmonds, P.E. Dept. of Engineering Services P.O. Box 9277 Corpus Christi,Texas 78469-9277 Re: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION —RFP 2017-02 ARTURO HERNANDEZ—PROJECT NO. E11066 AND OTHER ON STEVENS WATER TREATMENT PLAN PROJECTS Dear Mr. Edmonds: Thank you for this opportunity for Freese and Nichols (FNI)to provide our services to the City of Corpus Christi on the above referenced contract. FNI proposes to provide the following inspector on a full-time basis for a period of 42 weeks (starting on or about April 9, 2018) at the corresponding rate and Not to Exceed (NTE) amount for the Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2017-02: Arturo Hernandez $96/hr NTE - $162,240 It is our understanding that Arturo will be assigned to O.N. Stevens Water Plant Projects or as otherwise directed by the City of Corpus Christi. We appreciate the City of Corpus Christi and look forward to future opportunities to provide our services. Sincerely, t2 Chris Jones Ron Guzman Associate/Construction Services Group Manager Vice President/Principal cc: John New— FNI Central Texas Division Manager AMEND. NO. 1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER ■�1 TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: City of Corpus Christi P. O.BOX: P. O.Box 9277 STREET ADDRESS: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401- FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named "firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying &4; Date: 1/26/2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 17102A Construction Inspection Staff Augmentation (Joe Sandoval) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Maverick Engineering, Inc., a Texas corporation, 400 Mann Street, Suite 200, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Page 1 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements Page 2 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $187,200. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. Page 3 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 12-months beginning on the Effective Date. The gFeemeRt may be Page 4 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC WF 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one Page 7 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: Page 8 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. Page 9 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. Page 10 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC CITY OF CORPUS CHRISTI MAVERICK ENGINEERING, INC. Jeff H. Edmonds, P. E. Date PeVYCI let DateDirector of Engineering Services Cohristi Operations Manager 400 Mann Street, Suite 200 Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 696-3500 Office (361) 696-3699 Fax pmillet@maveng.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.07/16 K:\ENGINEERING DATAEXCHANGE\VELMAP\ENGINEERING SERVICES DEPARTMENT\CONSTRUCTION INSPECTION STAFF AUGMENTATION--RFP NO.2017-02\MAVERICK JOE SANDOVAL\2017-01-31 CONTRACT REPRESENTATIVE SERVICES.DOC Construction Inspection Staff Augmentation (Joe Sandoval) [RFP No. 2017-02] Project Number 17102A Contract for Representative Services Fund Name Accounting Unit Account No. Activity No. Amount Storm Water 2015 4530-043 550910 E16247-01-4530-EXP $187,200 Total $187,200 IAMAVERICK ENGINEERINQINC. i February 14, 2018 Mr. Ernesto De La Garza, P.E. Construction Management Engineer Engineering Services City of Corpus Christi, Texas 1201 Leopard Street, 3rd Floor Corpus Christi, TX 78401 Ref: City of Corpus Christi Request for Proposal RFP No. 2017-02 Construction Inspection Staff Augmentation Services Maverick Engineering, Inc. Proposal—Revision 1 Dear Mr. De La Garza: As requested, Maverick Engineering, Inc. is pleased to provide this revised proposal for Construction Inspection Staff Augmentation Services — Road Reconstruction Projects per the scope of work described in Exhibit"A"Addendum No. 1 of the referenced Request for Proposal. Construction Inspector: Joe Sandoval Billing Rate: $90 per hour based on a standard 40 hour work week Period of Performance: 52 weeks/ 12 months minimum Projected Time Period: 9-April-2018 through 7-April-2019 Total Cost: $187,200 The 9-April-2018 start date for this effort is based on the assumption that the funds remaining on MEI's existing contract for RFP 2015-07 Construction Inspection Staff Augmentation Services— Street Pavement Maintenance Program will be fully utilized before charging against the funding that will be provided for this new effort. Based on the funds remaining as of 31-January-2018 and our historical billing rate, the existing effort is estimated to be funded through 6-April-2018. Since this a projection, MEI will notify you should anything change. MEI looks forward to continue working with the City of Corpus on the upcoming capital improvement projects. If you have any questions regarding this proposal or need additional information, please contact me via email or at(361) 696-3568. Respectfully, Maverick Engineering, Inc. Percy Millet Corpus Christi Operations Manager 400 Mann St.,Suite 200 Corpus Christi,Texas 78401 361.696.3500•Fax 361.696.3699 •www.maveng.com Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER 1� TO BE ASSIGNED BY HY- PURCHASING DIVISION '_^►� EXHIBIT "D" City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Maverick Engineering,Inc. P.O.BOX: STREET ADDRESS: 400 Mann St Suite 200 CITY: Corpus Christi ZIP: 78401- FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) NA 2. State the names of each"official"of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Consultant NA FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Percy Millet Title: Operations Manager (Type or Print) Signature of Certifying Date: 29-Jan-2019 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Robert Munoz) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $166,400. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI AGCM 3/13/2018 Jeff H. Edmonds, P. E. Date NathanS inne , Date Director of Engineering Services Vice Pr ident - So Texas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Robert Munoz) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Account No. Activity No. Amount Street Fund 1041-12415-051 530000 $55,467 Street 2017 GO Bd 16 3554-051 550910 E16247-01-3554-EXP 110,933 Total $166,400 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION ROBERT MUNOZ—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $80/HR NTE- $166,400 Optional Renewal 1 (6 Months) $80/HR NTE- $83,200 Optional Renewal 2 (6 Months) $80/HR NTE- $83,200 It is our understanding that he will be assigned to Streets Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Russell Soike) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $187,200. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI AGCM 3/13/2018 Jeff H. Edmonds, P. E. Date Nathan eney, Date Director of Engineering Services Vice Prent - Sou Texas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Russell Soike) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Accoount Activity No. Amount Storm Water 2015 4530-043 550910 E16247-01-4530-EXP $93,600 Street 2017 GO Bd 16 3554-051 550910 E16247-01-3554-EXP 53,007 Street 2015 GO Bd 14 3551-051 550910 E16247-01-3551-EXP 40,593 Total $187,200 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION RUSSELL SOIKE—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $90/HR NTE- $187,200 Optional Renewal 1 (6 Months) $90/HR NTE- $93,600 Optional Renewal 2 (6 Months) $90/HR NTE- $93,600 It is our understanding that he will be assigned to Streets Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Manuel Hernandez) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $187,200. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI AGCM 3/13/2018 Jeff H. Edmonds, P. E. Date Natha winprey, uth Date Director of Engineering Services Vice resident - oTexas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Manuel Hernandez) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Account No. Activity No. Amount Street 2013 GO Bd 2012 3549-051 550910 E16247-01-3549-EXP $163,940 Wastewater 2012B 4249-042 550910 E16247-01-4249-EXP 23,260 Total $187,200 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MANUEL HERNANDEZ—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $90/HR NTE- $187,200 Optional Renewal 1 (6 Months) $90/HR NTE- $93,600 Optional Renewal 2 (6 Months) $90/HR NTE- $93,600 It is our understanding that he will be assigned to Streets Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Bobby Barker) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $187,200. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI AGCM 3/13/2018 Jeff H. Edmonds, P. E. Date Nath'0 Swirfney, outDate Director of Engineering Services Vi President h Texas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Bobby Barker) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Account Activity No. Amount Unit No. Storm Water 2015 4530-043 550910 E16247-01-4530-EXP $86,680 Street 2015 GO Bd 2014 3551-051 550910 E16247-01-3551-EXP 100,520 Total $187,200 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION BOBBY BARKER—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $90/HR NTE- $187,200 Optional Renewal 1 (6 Months) $90/HR NTE- $93,600 Optional Renewal 2 (6 Months) $90/HR NTE- $93,600 It is our understanding that he will be assigned to Streets Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Marcus Garcia) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $197,600. 3.2 The Consultant's fee will be on a time and materials(T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI AGCM 3/13/2018 Jeff H. Edmonds, P. E. Date Natha Swirmey, Date Director of Engineering Services Vice resident - outh Texas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Marcus Garcia) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Account No. Activity No. Amount Unit Water Capital Reserve 4480-041 550910 E16247-01-4480-EXP $197,600 Total $197,600 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION MARCUS GARCIA—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $95/HR NTE- $197,600 Optional Renewal 1 (6 Months) $95/HR NTE- $98,800 Optional Renewal 2 (6 Months) $95/HR NTE- $98,800 It is our understanding that he will be assigned to Utilities Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (George De La Cerda) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ALCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders, field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $135,200. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ;75 3/13/2018 Jeff H. Edmonds, P. E. Date Nath Swir;rfiey, Date Director of Engineering Services Vic resident - outh Texas Region 1101 Ocean Drive Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 882-0469 Office (361) 884-9358 Fax nswinney@agcm.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (George De La Cerda) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Accoount Activity No. Amount Wastewater 2012B 4249-042 550910 E16247-01-4249-EXP $61,480 General Fund 1020-70002-533 550910 H17011-01-1020-EXP 2,587 Storm Water 2015 4530-043 550910 E16247-01-4530-EXP 71,133 Total $135,200 CORPUS CHRISTI 1101 Ocean Drive(78404) AGCM PO Box 2682 Corpus Christi,TX 78403 INC. Ofc 3611882-0469 Fax 3611884-9358 www.agcm.com March 5,2018 City of Corpus Christi Attu. Jeff Edmonds, P.E., Director of Engineering Services Dept.of Engineering Services P.O. Box 9277 Corpus Christi,TX 78469-9277 SUBJECT: PROPOSAL FOR CONSTRUCTION INSPECTION STAFF AUGMENTATION GEORGE DE LA CERDA—RFP 2018-02 Dear Jeff: Thank you for the opportunity to propose. We are excited to have the potential to continue our service to the City and will continue supporting the City to the standards you are accustomed to. AGI CM proposes to provide the subject personnel on a full-time basis for a 12(twelve)month period,with two optional 6(six)month renewals,at the corresponding rates and Not to Exceed(NTE)amounts: 12 Months $65/HR NTE- $135,200 Optional Renewal 1 (6 Months) $65/HR NTE- $67,600 Optional Renewal 2 (6 Months) $65/HR NTE- $67,600 It is our understanding that he will be assigned to Facilities Projects. AGICM will provide these services to the level of professionalism you have previously experienced with our personnel. Thank you again for this opportunity and we look forward to continuing the success of City of Corpus Christi. SincerelKinne , N anCCM ice PTexas Region l�l�'1C1C1 Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BYCITV-- PURCHASING DIVISION EXHIBIT "D" City of CITY OF CORPUS CHRISTI Cornus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: AGICM,Inc. P.O.BOX: P O Box 2682 STREET_ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78403- FIRM IS: 1. Corporation ® 1 Partnership B 3. Sole Owner ❑ 4. Association �. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board. Commission or Committee N/A 4. State the names of each employee or officer of a -consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. f Certifying Person: Nathan Swinney Title: Vice President South Texas Region (Type or Print) Signature of Certifying Date: March 6,2018 Person: —1 DEFINITION a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Jordan Dartest) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Heneco Engineering and Consulting, Inc., a Texas corporation, 16350 Park Ten Place, Suite 211 , Houston, Harris County, Texas 77084, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings,job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $156,000. 3.2 The Consultant's fee will be on a time and materials(T&M)basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/IegaI/ch46.htm1. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HENECO ENGINEERING AND CONSULTING Jeff H. Edmonds, P. E. Date Alex Dawotola, Date Director of Engineering Services President/CEO 16350 Park Ten Place, Suite 211 Houston, TX 77084 APPROVED AS TO LEGAL FORM (281) 717-4523 Office (405) 651-1943 Mobile alex.dawotola@heneco.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Jordan Dartest) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Account No. Activity No. Amount Street 2015 GO Bd 2014 3551-051 550910 E16247-01-3551-EXP $117,780 Wastewater 2012B 4249-042 550910 E16247-01-4249-EXP 38,220 Total $156,000 @� HENECO Engineering&Consulting 16350 Park Ten PI. Suite 211 HENECO Houston,TX 77084 USA 1 281 717 4523(Office)I www.heneco.com Our Ref: COCC-030518 Date: March 05,2018 City of Corpus Christi Attn: Mr. Jeff H.Edmonds,PE Director of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposal for Construction Staff Augmentation—Jordan Dartest(RFP No.2018-02) Dear Mr. Edmonds, It is with great pleasure that we formally submit this proposal for the RFP No. 2018-02, City of Corpus Christi Construction Inspection Staff Augmentation Services. HENECO proposes Jordan Dartest for this assignment.He will be available to work on a full-time basis on the project through end of March 2020 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2018-02: First one-year contract(thru March 2019) $75/hr. NTE- $156,000 OPTIONAL: Two 6-month renewals (thru March 2020) $75/hr. NTE- $156,000 TOTAL amount (one year plus two optional 6-month renewals) NTE - $312,000 Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. The estimate is based on 40 hours per week for a total of 52 weeks and an optional 52 weeks. It is our understanding that Mr. Dartest will be assigned to Street Projects, or as otherwise directed by the City of Corpus Christi. HENECO will provide these services to the best level of professionalism that we are known for. Thank you again for this opportunity. We are very enthusiastic to begin this work for the City of Corpus Christi. Sincerely, _'�t4r:. . Alex Dawotola President/CEO Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY-CITY-- PURCHASING YCITY-- PURCHASING DIVISION EXHIBIT"D" City of CITY OF CORPUS CHRISTI Corpus ChristiDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HENECO Engineering And Consulting P.O.BOX: STREET ADDRESS: 16350 Park Ten Pl.Suite 211 CITY: Houston,TX ZIP: 77084- FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association K 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name A- Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name . Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name M I R Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: NLEvr- Title: /iji oL T (Type or Print) Signature of Certifying Date: , Z o i Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (John Hinojosa) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Heneco Engineering and Consulting, Inc., a Texas corporation, 16350 Park Ten Place, Suite 211 , Houston, Harris County, Texas 77084, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $197,600. 3.2 The Consultant's fee will be on a time and materials(T&M)basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/IegaI/ch46.htm1. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HENECO ENGINEERING AND CONSULTING Jeff H. Edmonds, P. E. Date Alex Dawotola, Date Director of Engineering Services President/CEO 16350 Park Ten Place, Suite 211 Houston, TX 77084 APPROVED AS TO LEGAL FORM (281) 717-4523 Office (405) 651-1943 Mobile alex.dawotola@heneco.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (John Hinojosa) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Account Activity No. Amount Unit No. Wastewater 20126 4249-042 550910 E16247-01-4249-EXP $197,600 Total $197,600 HENECO Engineering&Consulting c■, 16350 Park Ten PI.Suite 211 HENECOHouston,TX 77084 USA 1 281 717 4523(Office)I www.heneco.com Our Ref: COCC -030518 Date: March 05,2018 City of Corpus Christi Attn: Mr. Jeff H.Edmonds,PE Director of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposal for Construction Staff Augmentation—John Hinojosa (RFP No. 2018-02) Dear Mr. Edmonds, It is with great pleasure that we formally submit this proposal for the RFP No. 2018-02, City of Corpus Christi Construction Inspection Staff Augmentation Services. HENECO proposes John Hinojosa for this assignment.He will be available to work on a full-time basis on the project through end of March 2020 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2018-02: First one-year contract(thru March 2019) $95/hr. NTE- $197,600 OPTIONAL: Two 6-month renewals(thru March 2020) $95/hr. NTE- $197,600 TOTAL amount (one year plus two optional 6-month renewals) NTE- $395,200 Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. The estimate is based on 40 hours per week for a total of 52 weeks and an optional 52 weeks. It is our understanding that Mr. Hinojosa will be assigned to Utilities Projects,or as otherwise directed by the City of Corpus Christi. HENECO will provide these services to the best level of professionalism that we are known for. Thank you again for this opportunity. We are very enthusiastic to begin this work for the City of Corpus Christi. Sincerely, Alex Dawotola President/CEO Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY-CITY-- PURCHASING YCITY-- PURCHASING DIVISION EXHIBIT"D" City of CITY OF CORPUS CHRISTI Corpus ChristiDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HENECO Engineering And Consulting P.O.BOX: STREET ADDRESS: 16350 Park Ten Pl.Suite 211 CITY: Houston,TX ZIP: 77084- FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association K 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name A- Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name . Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name M I R Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: NLEvr- Title: /iji oL T (Type or Print) Signature of Certifying Date: , Z o i Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Louis Estopinal) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Heneco Engineering and Consulting, Inc., a Texas corporation, 16350 Park Ten Place, Suite 211 , Houston, Harris County, Texas 77084, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings,job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $176,800. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HENECO ENGINEERING AND CONSULTING Jeff H. Edmonds, P. E. Date Alex Dawotola, Date Director of Engineering Services President/CEO 16350 Park Ten Place, Suite 211 Houston, TX 77084 APPROVED AS TO LEGAL FORM (281) 717-4523 Office (405) 651-1943 Mobile alex.dawotola@heneco.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Louis Estopinal) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Account No. Activity No. Amount Unit Wastewater 20126 4249-042 550910 E16247-01-4249-EXP $176,800 Total $176,800 HENECO Engineering&Consulting c■, 16350 Park Ten PI.Suite 211 HENECOHouston,TX 77084 USA 1 281 717 4523(Office)I www.heneco.com Our Ref: COCC -030518 Date: March 05,2018 City of Corpus Christi Attn: Mr. Jeff H.Edmonds,PE Director of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposal for Construction Staff Augmentation—Louis Estopinal(RFP No.2018-02) Dear Mr. Edmonds, It is with great pleasure that we formally submit this proposal for the RFP No. 2018-02, City of Corpus Christi Construction Inspection Staff Augmentation Services. HENECO proposes Louis Estopinal for this assignment. He will be available to work on a full-time basis on the project through end of March 2020 at the corresponding rates and Not to Exceed(NTE)amounts for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2018-02: First one-year contract(thru March 2019) $85/hr. NTE- $176,800 OPTIONAL: Two 6-month renewals (thru March 2020) $85/hr. NTE- $176,800 TOTAL amount (one year plus two optional 6-month renewals) NTE - $353,600 Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. The estimate is based on 40 hours per week for a total of 52 weeks and an optional 52 weeks. It is our understanding that Mr.Estopinal will be assigned to Utilities Projects,or as otherwise directed by the City of Corpus Christi. HENECO will provide these services to the best level of professionalism that we are known for. Thank you again for this opportunity. We are very enthusiastic to begin this work for the City of Corpus Christi. Sincerely, Alex Dawotola President/CEO Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY-CITY-- PURCHASING YCITY-- PURCHASING DIVISION EXHIBIT"D" City of CITY OF CORPUS CHRISTI Corpus ChristiDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HENECO Engineering And Consulting P.O.BOX: STREET ADDRESS: 16350 Park Ten Pl.Suite 211 CITY: Houston,TX ZIP: 77084- FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association K 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name A- Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name . Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name M I R Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: NLEvr- Title: /iji oL T (Type or Print) Signature of Certifying Date: , Z o i Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Julian Pineda) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Heneco Engineering and Consulting, Inc., a Texas corporation, 16350 Park Ten Place, Suite 211 , Houston, Harris County, Texas 77084, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $176,800. 3.2 The Consultant's fee will be on a time and materials(T&M)basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/IegaI/ch46.htm1. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HENECO ENGINEERING AND CONSULTING Jeff H. Edmonds, P. E. Date Alex Dawotola, Date Director of Engineering Services President/CEO 16350 Park Ten Place, Suite 211 Houston, TX 77084 APPROVED AS TO LEGAL FORM (281) 717-4523 Office (405) 651-1943 Mobile alex.dawotola@heneco.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Julian Pineda) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Accoount Activity No. Amount Water Capital Reserve 4480-041 550910 E16247-01-4480-EXP $176,800 Total $176,800 HENECO Engineering&Consulting ■� 16350 Park Ten PI.Suite 211 HENECO Houston,TX 77084 USA 1 281 717 4523(Office)I www.heneco.com Our Ref: COCC -030518 Date: March 05,2018 City of Corpus Christi Attn: Mr. Jeff H.Edmonds,PE Director of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposal for Construction Staff Augmentation—Julian Pineda (RFP No.2018-02) Dear Mr. Edmonds, It is with great pleasure that we formally submit this proposal for the RFP No. 2018-02, City of Corpus Christi Construction Inspection Staff Augmentation Services. HENECO proposes Julian Pineda for this assignment. He will be available to work on a full-time basis on the project through end of March 2020 at the corresponding rates and Not to Exceed (NTE) amounts for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2018-02: First one-year contract(thru March 2019) $85/hr. NTE- $176,800 OPTIONAL: Two 6-month renewals(thru March 2020) $85/hr. NTE- $176,800 TOTAL amount (one year plus two optional 6-month renewals) NTE - $353,600 Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. The estimate is based on 40 hours per week for a total of 52 weeks and an optional 52 weeks. It is our understanding that Mr. Pineda will be assigned to Utilities Projects,or as otherwise directed by the City of Corpus Christi. HENECO will provide these services to the best level of professionalism that we are known for. Thank you again for this opportunity. We are very enthusiastic to begin this work for the City of Corpus Christi. Sincerely, Alex Dawotola President/CEO Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY-CITY-- PURCHASING YCITY-- PURCHASING DIVISION EXHIBIT"D" City of CITY OF CORPUS CHRISTI Corpus ChristiDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HENECO Engineering And Consulting P.O.BOX: STREET ADDRESS: 16350 Park Ten Pl.Suite 211 CITY: Houston,TX ZIP: 77084- FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association K 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name A- Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name . Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name M I R Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: NLEvr- Title: /iji oL T (Type or Print) Signature of Certifying Date: , Z o i Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY OF CORPUS CHRISTI CONTRACT FOR REPRESENTATIVE SERVICES 18073A Construction Inspection Staff Augmentation (Darrell Donahoe) RFP No. 2018-02 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Heneco Engineering and Consulting, Inc., a Texas corporation, 16350 Park Ten Place, Suite 211 , Houston, Harris County, Texas 77084, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY ASSURANCE ..................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V INSURANCE REQUIREMENTS......................................................5 ARTICLE VI INDEMNIFICATION.........................................................................5 ARTICLE VII TERMINATION OF AGREEMENT ..................................................6 ARTICLE VIII RIGHT OF REVIEW AND AUDIT....................................................6 ARTICLE IX OWNER REMEDIES .......................................................................7 ARTICLE X CONSULTANT REMEDIES.............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ..........................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances at the time of the execution of the contract,throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant shall conduct all services in a manner to avoid delaying the progress of the construction work. 1.6 Consultant will conduct on-site observations of contractor's work in progress, materials and equipment to assist City and design consultants in determining if the work is in general proceeding in accordance with construction documents. Consultant shall not supervise, direct or have control over contractor's work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor's work in progress or for any failure of a contractor to comply with laws and regulations applicable to such contractor's performing and furnishing of its work. The Consultant neither guarantees the performances of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the construction documents. 1.7 Consultant shall notify the contractor and City if a construction deficiency is noted during observations. Consultant will advise the City of Consultant's opinion regarding the deficiency and the appropriate action but only the City can initiate any stop work orders or other penalties relating to the noted deficiency. The Consultant shall note the deficiency and action taken in the daily report. 1.8 Consultant shall notify the City of any design conflicts requiring a change to the construction contract or construction documents and will assist the City with resolution of the conflict. Consultant will consider and evaluate contractor's suggestions for modification to the construction documents and report such suggestions to the City. 1.9 Consultant shall review applications for payment with contractor for compliance with the established procedure for their submission and forward with recommendations to City and design consultant, noting particularly the relationship of payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 1.10 Consultant will assist in the scheduling of construction testing and system start-ups either on behalf of the City or through the contractor as may be required in the construction documents. Consultant will witness on-site testing, review the results of the tests and notify the City of test results that do not meet the minimum requirements of the construction documents. Consultant will observe, record and report to the City and design consultants appropriate details relative to the test procedures and system start-ups. 1.11 Consultant shall summarize construction observations reports in a log after each site visit in the format requested by the City. Reports shall include weather, site conditions, general observations, contractor's activities, data relative to questions of change orders,field orders,work change directives,field conditions or decisions made. 1.12 Consultant will attend meetings with the City, design consultants and contractor, such as pre-construction conferences, progress meetings,job conferences and other project related meetings as requested by the City. 1.13 Consultant will participate in site visits with the City, design consultants and contractor to determine substantial completion, and assist in determination of substantial completion and preparation of lists of items to be completed or corrected. Consultant will participate in a final site visit with the City, design consultants and contractor and assist in preparation of a final list of items to be completed and deficiencies to be remedied. Consultant will assist the City in determining whether all items on the final list have been completed or corrected and make recommendations to the City and design consultants concerning final acceptance. 1.14 Consultant shall not: 1.14.1 Authorize any deviation from the construction documents or substitution of materials or equipment (including "or-equal" items). 1.14.2 Undertake any of the responsibilities of contractor, subcontractors or suppliers. 1.14.3 Advise on, issue directives relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of contractor's work. 1.14.4 Advise on, issue directions regarding or assume control over security or safety practices, precautions,traffic controls, erosion controls or any programs in connection with the activities or operations of contractor. ARTICLE II — QUALITY ASSURANCE 2.1 The Consultant agrees to perform quality assurance inspection services. The City reserves the right to retain a separate consultant to perform additional services for the City. 2.2 The Consultant will perform quality assurance inspection services during the Project to ensure the Work satisfies applicable industry quality standards and meet the requirements of the Project scope. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $187,200. 3.2 The Consultant's fee will be on a time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. 3.3 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if a task requested requires an additional fee. 3.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. The invoice shall include documentation that shows who worked on the Project,the number of hours that each individual worked and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.5 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.6 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.7 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.7.1 delays in the performance of Consultant's work; 3.7.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.7.3 damage to City; or 3.7.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.8 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.9 In the event of any dispute(s) between the Parties regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.10 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.11 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two (2) six-months renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court cost. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Losses that are incurred because of errors and/or omissions in documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 10.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 11.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 11.4 1 n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. Both Parties expressly waive their right to a trial by jury. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent inspector. 12.4 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.5 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 12.7 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement, and attach the Form 1295 as Exhibit E. Form 1295 requires disclosure of"interested parties" with respect to entities that enter into contracts with cities that exceed $50,000. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage,shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 12.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement,this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HENECO ENGINEERING AND CONSULTING Jeff H. Edmonds, P. E. Date Alex Dawotola, Date Director of Engineering Services President/CEO 16350 Park Ten Place, Suite 211 Houston, TX 77084 APPROVED AS TO LEGAL FORM (281) 717-4523 Office (405) 651-1943 Mobile alex.dawotola@heneco.com Assistant City Attorney Date ATTEST City Secretary Date Construction Inspection Staff Augmentation (Darrell Donahoe) [RFP No. 2018-02] Project Number 18073A Contract for Representative Services Fund Name Accounting Unit Account No. Activity No. Amount Water Capital Reserve 4480-041 550910 E16247-01-4480-EXP $187,200 Total $187,200 HENECO Engineering&Consulting c■, 16350 Park Ten PI.Suite 211 HENECOHouston,TX 77084 USA 1 281 717 4523(Office)I www.heneco.com Our Ref: COCC -030518 Date: March 05,2018 City of Corpus Christi Attn: Mr. Jeff H.Edmonds,PE Director of Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 RE: Proposal for Construction Staff Augmentation—Darrel Donahoe (RFP No. 2018-02) Dear Mr. Edmonds, It is with great pleasure that we formally submit this proposal for the RFP No. 2018-02, City of Corpus Christi Construction Inspection Staff Augmentation Services. HENECO proposes Darrel Donahoe for this assignment. He will be available to work on a full-time basis on the project through end of March 2020 at the corresponding rates and Not to Exceed(NTE)amounts for Construction Inspection Staff Augmentation per the terms disclosed in RFP No. 2018-02: First one-year contract(thru March 2019) $90/hr. NTE- $187,200 OPTIONAL: Two 6-month renewals(thru March 2020) $90/hr. NTE- $187,200 TOTAL amount (one year plus two optional 6-month renewals) NTE- $374,400 Based on the scope of services outlined above, we have prepared a level of effort estimate for this initial effort. The estimate is based on 40 hours per week for a total of 52 weeks and an optional 52 weeks. It is our understanding that Mr. Donahoe will be assigned to Utilities Projects,or as otherwise directed by the City of Corpus Christi. HENECO will provide these services to the best level of professionalism that we are known for. Thank you again for this opportunity. We are very enthusiastic to begin this work for the City of Corpus Christi. Sincerely, Alex Dawotola President/CEO Exhibit A Page 1 of 1 EXHIBIT B PAYMENT REQUEST COMPLETE PROJECT NAME Project No.XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Inspection Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Consultant Fees $49,400.00 $0.001 $0.00 $49,400.00 $5,200.00 $0.00 $5,200.00 $44,200.00 10.5% Hours @$65/hr(John Doe) 760.00 0.001 0.001 760.00 80.00 0.00 80.00 680.00 10.5% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"B" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Staff Augmentation Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Contract for Professional Services WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 1.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers'compensation policy; Contract for Professional Services 1.7.2 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; 1.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 1.7.4 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services SUPPLIER NUMBER TO BE ASSIGNED BY-CITY-- PURCHASING YCITY-- PURCHASING DIVISION EXHIBIT"D" City of CITY OF CORPUS CHRISTI Corpus ChristiDISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HENECO Engineering And Consulting P.O.BOX: STREET ADDRESS: 16350 Park Ten Pl.Suite 211 CITY: Houston,TX ZIP: 77084- FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association K 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name A- Job Title and City Department(if known) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name . Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3%or more of the ownership in the above named"firm." Name M I R Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: NLEvr- Title: /iji oL T (Type or Print) Signature of Certifying Date: , Z o i Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E FORM 1295 CERTIFICATE OF INTERESTED PARTIES Contract for Professional Services CITY COUNCIL EXECUTIVE SUMMARY Council Priority WATER Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID March 27, 2018 Motion 18-0276 Agenda Title: Change Order No. 7—O. N. Stevens Water Treatment Plant High Service Building No. 3 PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute Change Order No. 7 o With PLW Cadagua Partners of The Woodlands, Texas o In the amount of$182,629.43 o For correction of soil and drainage issues at the project site SUMMARY ➢ Project approved in 2018 Capital Improvement Program (CIP) budget ➢ Construction started — October 2016 o High Service Building No. 3 located just south of Clearwell No. 2 o Clearwell No. 2 —90,000 Square foot, 10 Million-gallon water ground storage tank o Severe erosion & unstable soils ■ Discovered during excavation for new High Service Building No. 3 ■ Undermining south wall embankment of Clearwell No. 2 ■ Embankment of nearby (south of Clearwell No. 2) drainage creek ■ Outfall of drainage creek ➢ Change Order No. 7: o Replaces unstable soils o Restores embankments w/ new erosion control matting on south embankment Clearwell No. 2 o Improves drainage collection system (new French drain) o Stabilizes outfall at creek PRIOR COUNCIL ACTION ➢ August 16, 2016—Construction contract awarded FINANCIAL CONSIDERATIONS ➢ Six (6) previous Change Orders approved administratively ➢ Change Orders 1 thru 7 < 2% increase to original construction contract ALTERNATIVES ➢ Authorize execution of Change Order. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Change Order No. 7 FUTURE ACTIONS ➢ Approval Action Project No.E11066 AB/JR Rev.1—03/14/18 Item Details Legistar # 18-0276 Change Order No. 7 —With PLW Cadagua Partners of the Woodlands, Texas for the O. N. Stevens Water Treatment Plant High Service Building No. 3 Project Council Meeting Dates: Item Being Considered: Future Item — March 27, 2018 Motion Action Item - April 10, 2018 RECOMMENDATION: Authorization to execute Change Order No. 7 with PLW Cadagua Partners of The Woodlands, Texas in the amount of $182,629.43 for the O. N. Stevens Water Treatment Plant High Service Building No. 3 project for correction of soil and drainage issues at the project site. SUMMARY: Construction Change Order No. 7 is required to correct soil and drainage issues at O.N. Stevens Water Treatment Plant and complete the High Service Building No. 3 project. The High Service Building No. 3 project was awarded by City Council on August 16, 2016 with construction starting in October 2016. During construction, the contractor encountered unanticipated erosion and soil conditions that require additional work to complete the project. The new High Service Building No. 3 site is located just to the south of existing Clearwell No. 2. Clearwell No. 2 is a 90,000-square foot (300 feet x 300 feet), 10 million-gallon water ground storage tank. The lower sections of the four concrete exterior walls extend partially underground. The water in the tank puts significant pressure on the concrete walls which require solid, stable soil around them to counteract water pressure. The surrounding terrain has lower elevations on the south and east walls that require sloped earthen embankments on both the south and east side. During excavation for the new High Service Building No. 3, severe erosion and unstable soils were encountered on the south embankment that are undermining the existing Clearwell No. 2 structure. The site drainage for Clearwell No. 2 and surrounding area sheet flows to the south into a small underground collection system that outfalls to a nearby drainage creek within the O.N. Stevens Water Treatment Plant property. The sheet flow and excessive rains have caused severe erosion along the south embankment. There was also severe erosion discovered at the outfall to the nearby drainage creek. Construction Change Order No. 7 was developed to replace the unstable soils, correct the erosion by restoring the embankments with new erosion control matting on the south embankment, improve the drainage collection system (new French drain), and stabilize the outfall at the creek. The outfall improvements include grading, compaction, placement of new rock rip rap and miscellaneous erosion control and vegetative cover. This work was unavoidable. Additional geotechnical testing would have discovered the unstable soils and therefore work would have been included in the bid documents in lieu of a construction change order. Project No. E11066 1 AB/JR Rev.0—03/05/18 The previous Construction Change Orders 1 through 6 were administratively authorized. A summary is provided below: Change Description Cost ($) Order# 1 Daily delays due to O.N. Stevens Water Treatment Plant 56,843.90 personnel safety request 2 Changes to cable tray supports 34,442.14 3 Changes to wastewater line and AEP power additions 55,881.50 4 Changes and alignment to storm sewer drains and replacement 66,948.00 of existing manhole 5 Motor witness testing credit (35,600.00) 6 Change analyzer instrumentation 7,433.70 PREVIOUS COUNCIL / BOARD ACTIONS: Construction contract awarded August 16, 2016. Project No. E11066 2 AB/JR Rev.0—03/05/18 PROJECT BUDGET ESTIMATE O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE BUILDING NO. 3 CHANGE ORDER NO. 7 FUNDS AVAILABLE: WaterCIP...................................................................................................................... $28,547,400 TOTAL FUNDS AVAILABLE $28,547,400 FUNDS REQUIRED: Construction and Change Order Total.................................................................................. 22,018,579 *Initial Construction (PLW Cadagua Partners)............................................. 21,650,000 Change Order No. 1.............................................................................. 56,844 Change Order No.2.............................................................................. 34,442 Change Order No. 3.............................................................................. 55,882 Change Order No.4.............................................................................. 66,948 Change Order No. 5.............................................................................. -35,600 Change Order No.6.............................................................................. 7,434 Change Order No.7 THIS CONTRACT 182,629 Contingency Balance Remaining........................................................................................ 1,796,421 Construction Testing and Inspection Fees Estimate:............................................................... 830,951 **Construction Materials Testing................................................................ 54,765 Construction Materials Testing Amendment No. 1....................................... 26,186 Construction Inspection Estimate............................................................. 750,000 Design:.......................................................................................................................... 2,496,784 Original Contract(LNV, Inc.)................................................................... 47,500 ***Amendment No. 1 (LNV, Inc.).................................................................. 2,358,103 Amendment No. 2(LNV, Inc.).................................................................. 28,600 Amendment No. 3(LNV, Inc.).................................................................. 2,581 Amendment No. 4(LNV, Inc.).................................................................. 20,300 Amendment No. 5(LNV, Inc.).................................................................. 39,700 Reimbursements:............................................................................................................ 1,201,000 Contract Administration(Engineering Admin/Capital Budget/Finance)............. 450,000 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 750,000 Misc................................................................................................... 1,000 TOTAL $28,343,734 ESTIMATED PROJECT BUDGET BALANCE $203,666 *Construction contract approved by City Council on August 16, 2016 by Motion No. M2016-094 **Construction Materials Testing contract approved by City Council on August 16, 2016 by Motion No. M2016-094 ***Professional Services Contract approved by City Council on October 15, 2013 by Motion No. M2013-159 MUECES RIVER 1 V 524 • NUECES BAY SCALE: N.T.S. ANNAVILLE 77 0 o SHIP v o CORPUS CHRISTI �fopgRO I LEOPARD a' ROBSTOWN = 44 44 CORPUS CHRISTI p 288 NTEO�TIO 358 N W n N Q PROJECT LOCATION G43M O ��Y �i 358 ,FO My MG_ CABANISS FIELD T 885 9� 90 288 2444 O LOCATION MAP NOT TO SCALE Project: E11066 O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE PUMP BUILDING NO. 3 CITY OF CORPUS CHRISTI,TEXAS CONSTRUCTION CHANGE ORDER NO. 7 DEPARTMENT OF ENGINEERING SERVICES Corpus Chr'sti Engineering O.N. Stevens Water Treatment Plant High Service Building No. 3 Construction Change Order No. 7 Council Presentation �' March 27, 2018 Project Location Corpus Chr'sti ngin�nring N s:. NUECES MY SCALE:N.T.S. ANN4NLLE y CORPUS CHRM ROBFM ^\\ v # ONSWTP HIGH SERVICE PUMP BUILDING No.3 (CHANGE ORDER No.7) 2 Project Vicinity Corpus Chr'sti a.gin..ring WORM - N ®V SCALE:N.T.S. 1- eopar e Yr HIGH SERVICE#3 SITE o``, { CHANGE ORDER No.7 j.. Project Scope Corpus Chr sti Engineering This project provides for construction of a new High Service Building at the 0.N. Stevens Water Treatment Plant as a replacement of existing High Service Building No. 1. During construction, severe erosion and unstable soils were encountered and must be addressed to complete the project. Construction Change Order No. 7 will: • Replace unstable soils • Correct erosion by restoring the embankment • Install erosion control matting on the south embankment • Improve drainage collection system • Stabilize the outfall at the drainage creek by grading, compaction, placement of rock rip rap, vegetative cover, and adding miscellaneous erosion controls Project Schedule °1i Corpus Chr sti - Engineering 2016 20172018 2019 MJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASOND Bid & Construction Award Project Estimate: 1,170 Calendar Days = 39 Months Projected Schedule reflects anticipated construction completion by December 2019. ntCorpus Chr'sti Engineering Questions? 6 y . Change Order Summary Qrpus Thrt _ Engineering TOTAL CONTRACT AMOUNT (8/16/2016) $21,650,000.00 25%Limit Amount $5,412,500.00 Change Order No. 1 $56,843.90 Administrative Approval Change Order No.2 $34,442.14 Administrative Approval Change Order No. 3 $55,881.50 Administrative Approval Change Order No.4 $66,948.00 Administrative Approval Change Order No. 5 ($35,600.00) Administrative Approval Change Order No.6 $7,433.70 Administrative Approval Change Order No.7 $182,629.43 THIS ITEM TOTAL All Change Orders $368,578.67 1.7%<25% NEW CONTRACT AMOUNT 1 $22,018,578.67 Photos Corpus Chr'sti Cngin..ring s i^ = .;lye` � ��N' L'':`• ...� 1� 8 i CITY OF CORPUS CHRISTI i ENCtNEERING SERVICES CHANGE ORDER CHANCE ORDER NO: 7 CHANGE ORDER DATE: 11512018 PROJECT: O.N.Steven Water Treatment Plam High Semee Pump Bldg.13 PROJECT NUMBER: El 1066 I CONTRACTOR: PLWCadaguaPannets ORIGINALCONTRACI'TIME: ID65CD's ENGINEER: LNV,Inc. Make the fallowing addiduns,mudifieali0as or deletions to the work.described In rhe Can tract Dara ments: Qty Unit Unit Price Total I Erosion Control addition fur Cleanvell 82 and Creek Donn I LS S 182,629.43 S 182,629.43 Add lhirty(30)Colendm Days to Contract Time NET TOTAL OF THIS CHANGE ORDER, S 182,619,43 Why was this Change necessary: It became evident during constnrdion that there was excessive erosion on recent excavation and sloping of the till matcnal around the existing chearvvell.This excavalcon was required to construct the new fligh Service Pump Ststian.Soil utilized during backfill orihe clemwell during its original construction,experienced erasion well beyond design expectations during construction of the High Service Pump Station roundatiem.Tluis+vas not anticipated and a nese erosion control measure design was required to permanently stabilize the slope. How ran similar changes be avoided In the future? Additional snit borings and test during design could have avoided the need for this change but trot like costs associated. The canrpensrrllarr agreed Upon In this Change Orderisfrril,corrpfete and fival payment far all casisille Contractor ntny Incor as a resull efur reladng so lfrircAtege Wiether sold cows are knmvn,04141101=rr, foreseer or unforreen at this than,hteludhrg u4rhdut lindrailurr,any cost for delay,tertertded overhead,ripple or lnrpartcost,or any oilier effect on chongeel ar rrnchanged rtvrk Ora resufr ofthls C7rauge Order. Original Contract Amount S 21,650,000AD Preciously Approved Change Order Amount S 185,949.26 Proposed Change Order Amount S 182,629.43 Revised Contract Amount S 22,018,578.69 Percent of Total Change Orders(including this CO) 1.70% Original Contract Time far Substantial Completion 1065 Cly, Notice to Proceed Date 1 01312 01 6 Original Substantial Completion Date 9/3/2019 Previously Approved Change OrderTinua 22 CD's Additional Time on This Change Order 30 CD's Revised Contract Time for Substarutial Completion [117 CD's Revised Substantial Completion Date 11/2512019 REVIEWED BY:LNV,Inc REQUESTED BY:PLW Codngun Partners n/a VJanusry09.2018_ Engineer Datc Contractor ErnliP L. Vice Preslden! Date Crl'Y OF CORPUS CHRISTI F1IND:4096-061 RECOMMENDIinHY: t Y4, ACCOUNT:550910 Eraeslo De La Cama,P.E. AC11111TY.El 1066-01-4096-EXP Connection Management Engineer RECONIMENDED BY: APPROVED I.tY:NA Jeffrey Edmonds,P.E. Hole Valerie H.Cray,P.E. Dare Director of Engineering Scrviccs Executive Director of Public Works RECOMMENDEDDY: Electronic Approval 1/11/18 APPROVED BY: NA Eddie Houlihan,Director Date Mark Van Vleck Data Markagemcm and Budget Assistant City Manager RECOMMENDED BY: 1-12-18 APPROVEDDY: NA JanelKenem/Kent 8f hinrgleC.Rose Date City Attorney City Manager CITY COUNCIL EXECUTIVE SUMMARY e Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works 4 Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID March 27, 2018 Motion 18-0313 Agenda Title: Construction Contract—Citywide Lift Station Repairs 2017-2018 Project Year PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute construction contract o With Associated Construction Partners Ltd., of Bourne, Texas o In the amount of$1,496,000 o For Citywide Lift Stat ion Repairs 2017-2018 project ear SUMMARY ➢ Continues strategic lifecycle program: o Phased prioritization, design & construction o Extends lift station service life o Reduces long-term maintenance costs o Improves flows o Meets TCEQ guidelines ➢ Proposed Lift Stations (2017— 2018 Project Year): o Rincon North o Rincon South o Schanen o Stillwell o Coastal Meadows o Park Road 53 o Kings Crossing o North Beach `B' o Port & Pearse ➢ Services: o Construction improvements for: ■ Control of flow pumping ■ Replacement of various piping, valves, pumps and bases, guide rails, instrumentation and controls, and ■ Other miscellaneous items PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Project approved in CIP budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Approval Actlon Project No.E16426 PM/JR Rev.1—03/19/18 Item Details Legistar # 18-0313 Construction Contract— Citywide Lift Station Repairs 2017-2018 Project Year Council Meeting Dates: Item Being Considered: Future Item — March 27, 2018 Motion Action Item —April 10, 2018 RECOMMENDATION: Authorization to execute a construction contract with Associated Construction Partners Ltd. of Boerne, Texas in the amount of$1,496,000 for Citywide Lift Station Repairs 2017-2018 project year for the total base bid. (Capital Improvement Program - CIP). BASE BID: This project consists of the rehabilitation of nine lift stations which requires control of flow pumping, the replacement of discharge piping, plug valves, check valves, pumps, pump bases, guide rails, pump control panels, electrical generators, concrete structures, main electrical disconnects, new chain link fencing, minor site fill, concrete coating, pipe painting, temporary traffic control and miscellaneous items of work required to complete the project in accordance with plans, specifications and Contract Documents. ADDITIVE ALTERNATES: None BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners Ltd. 1,496,000 Boerne, Texas Bridges Specialties, Inc. 1,509,296 Robstown, Texas Veritas Management dba Black Castle General Contractor 1,945,500 New Braunfels, Texas Engineer's Opinion of Probable Construction Cost $1,261,000 SUMMARY: This project continues implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 104 Lift Stations. The project identifies, prioritizes and implements specific capital improvements in a phased design and construction approach to extend lift station service life, reduce long-term maintenance costs, improve flows, and meet the Texas Commission on Environmental Quality (TCEQ) guidelines including reducing overflows and redundant systems. Project No.E16426 1 PM/JR Rev.0—03/19/18 This is the second year of the City's ongoing Citywide Lift Station Repairs to strategically re-capitalize the lift stations. Year 1 (2016-2017) Year 2 (2017-2018) Year 3 (2018-2019) THIS ITEM Leeward Lift Station Rincon North Lift Station Williams Lift Station Jackfish Lift Station Rincon South Lift Station Wooldridge Lift Station Lake Padre South Lift Station Schanen Lift Station Everhart Staples Lift Station Seahorse Lift Station Stillwell Lift Station Morgan Lift Station Up River Lift Station Coastal Meadows Lift Station Studebaker Lift Station Park Road 53 Lift Station Turtle Cove Lift Station Kings Crossing Lift Station North Beach `B' Lift Station Port & Pearse Lift Station The 2017-2018 Program engineer, Urban Engineering, recommends approval of a construction contract with Associated Construction Partners Ltd., of Boerne, Texas in the amount of$1,496,000 for Citywide Lift Station Repairs 2017-2018 for the total base bid. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No. E16426 2 PM/JR Rev.0—03/19/18 PROJECT BUDGET ESTIMATE CITYWIDE LIFT STATION REPAIRS FISCAL YEAR 2017-2018 (CONSTRUCTION CONTRACT) FUNDS AVAILABLE: Wastewater C I P.......................................................................................................... $ 9,000,000 TOTAL FUNDS AVAILABLE $ 9,000,000 FUNDS REQUIRED: Construction and Contingency Estimate:.......................................................................... 1,645,600 Construction THIS CONTRACT 1,496,000 Contingency(10%)................................................................................ 149,600 Construction Inspection and Testinq Estimate:.................................................................. 495,000 Construction Inspection Estimate............................................................. 315,000 Testing Estimate................................................................................... 180,000 Engineering Desiqn and Geotechnical Testing:.................................................................. 147,800 *Engineer(Urban Engineering)................................................................. 145,500 Geotechnical Testing.......................................................................... 2,300 Reimbursements:........................................................................................................ 452,000 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 180,000 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 270,000 Misc................................................................................................... 2,000 TOTAL $ 2,740,400 ESTIMATED PROJECT BUDGET BALANCE $ 6,259,600 *Design contract approved by City Council on January 10, 2017 by Motion No. M2017-002 + I N SCALE: N.T.S. 0 D CITYWIDE LIFT STATION REPAIRS Rincon South Lift Station $ o� HUECEs BAY North Beach 'B' Lift Station ° AHr 7] r .9 OORPUs CHRIsII Rincon NorRDBSth Lift Station 6 °""" Port&Pearse Lift Station CORFMIs CHRIBII BAY Stillwell Lift Station ow BAY °°6 FLOUR BLUFF II �° Park Road 53 Lift Station Coastal Meadows Lift Station Schanen Lift Station U UMA MAORE GULF OF ME= Kings Crossing Lift Station LOCATION MAP NOT TO SCALE Project Number: E16426 CITYWIDE LIFT STATION REPAIRS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS 2017-2018 DEPARTMENT OF ENGINEERING SERVICES = Corpus Chr s Engineering Citywide Lift Station Repairs 2017-2018 Council Presentation March 27, 2018 Project Location Corpus Chr'sti ngin�nring CITYWIDE LIFT STATION REPAIRS Rincon South Lift Station N SCALE:N.T.S. North Beach'B'Lik Station d C70 Rincon North Lik Station _ Port&Pearse LiR Station arma cxa,wr a Stillwell Lift Station 71 Park Road 53 Lik Station Coastal Meadows Lift Station Schanen Lift Station . Kings Crossing Lift Station =- Project Vicinity Corpus Chr'sti Engin..ring CITYWIDE LIFT STATION REPAIRS Rincon South Lift Station !. North Beach'B'Lift Station N ' . SCALE: N.T.S. Rincon North Lift Station .. � Port&Pearse Lift Station Stillwell Lift Station r Park Road 53 Lift Station Coastal Meadows Lift Station i� Schanen Lift Station `�``t` _ l� Kings Crossing Lift Station &�4- ) C. ) Project Scope Carpus Chr sti Engineering This is part of the ongoing program to recapitalize the City's 104 lift stations. This item is for construction of the following nine lift stations: • Rincon North Lift Station • Park Road 53 Lift Station • Rincon South Lift Station • Kings Crossing Lift Station • Schanen Lift Station • North Beach `B' Lift Station • Stillwell Lift Station • Port & Pearse Lift Station • Coastal Meadows Lift Station Project Schedule &�4- ) Carpus Chr sti Engineering JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR Bid & Construction Award Project Construction Estimate: 310 days -- 11 months Projected Schedule reflects City Council award in April 2018 with construction completion in March 2019. Citywide Lift Station Repairs 2017-2018 Corpus Chr'sti rngin.ering_ Questions .? 6 URBAN Job No. 26175.136.00 ENGINEERING March 2, 2018 TRANSMITTED VIA EMAIL Jeff Edmonds, P. E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Subject: Lift Station Repairs Citywide 2017-2018 (#E16426) Dear Jeff: Urban Engineering has received a copy of, and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required in the Statement of Experience to be submitted after the bid date. We have investigated and found the bid package and experience record of Associated Construction Partners Ltd., the apparent low bidder, to be satisfactory. Attached please find a Bid Tabulation and a copy of the Statement of Experience. It is the recommendation of Urban Engineering that the subject project be awarded to Associated Construction Partners Ltd., if the funds are available, for the Total Base Bid amount of$1,496,000. Sincerely, URBAN ENGINEERING VC Y v ` Mark Maroney, P. E. MM/bdw Enclosure xc:Associated Construction Partners Ltd.via email Pablo Martinez, P. E.—City via email Alex Barabanov, P.E.—City via email (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urboneng.com TBPE Firm#145 TBPLS Firm #10032400 CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID March 27, 2018 Motion 18-0287 Agenda Title: Professional Services Contract— Citywide Lift Station Repairs 2018-2019 PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute professional services contract o With Urban Engineering of Corpus Christi, Texas o In the amount of$385,650 o For design, bid and construction phase services SUMMARY ➢ Continues strategic lifecycle program: o Phased prioritization, design & construction o Extends lift station service life, o Reduces long-term maintenance costs o Improves flows, o Meets TCEQ guidelines ➢ Proposed Lift Stations (2018 Program): o Williams o Everhart Staples o Wooldridge o Morgan ➢ Services — o Design improvements for: ■ New pumps, motors, and control panels ■ Suction and discharge piping ■ Odor control unit PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ CIP budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Contract FUTURE ACTIONS ➢ Approval Action Project No.E17806 PM/JR Rev.1—03/09/18 Item Details Legistar # 18-0287 Professional Services Contract — Citywide Lift Station Repairs 2018-2019 Council Meeting Dates: Item Being Considered: Future Item — March 27, 2018 Motion Action Item —April 10, 2018 RECOMMENDATION: Authorization to execute a professional services contract with Urban Engineering of Corpus Christi,Texas in the amount of $385,650 for Citywide Lift Station Repairs 2018-2019 for design, bid and construction phase services. (Capital Improvement Program - CIP). SUMMARY: This project provides for continuation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 104 Lift Stations. The project identifies, prioritizes and implements specific capital improvements in a phased design and construction approach to extend lift station service life, reduce long-term maintenance costs, improve flows, and meet the Texas Commission on Environmental Quality (TCEQ) guidelines reduce overflows and redundant systems. This program is critical to improve the operational capabilities, reduce overflows, and maintain TCEQ compliance that reduces operational and maintenance costs. Many of the lift stations are at the end of their useful life cycle and are at risk for meeting service demands and permit compliancy. The City-Wide Lift Station Repairs program identifies, prioritizes, and implements capital improvements to recapitalize a group of lift stations each year within the approved budget. Each fiscal year, the most critical improvements and lift stations are identified with the most cost effective alternatives. This contract provides professional services for design, bid and construction phase services for the 2018 program at four lift stations: • Williams Lift Station • Everhart Staples Lift Station • Wooldridge Lift Station • Morgan Lift Station Typical improvements include removal, replacement and upgrades to the pumps, pump motors, pump bases, suction and discharge piping, valves, guide rails, electrical, instrumentation, controls, odor control and other miscellaneous items. The construction for these four lift stations is planned for next fiscal year pending approval and funding availability. The engineer shall complete the necessary field investigations, evaluations and design services to prepare construction documents. The engineering includes: Project No. E17806 1 PM/JR Rev. 1—03/09/18 1. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design improvements to the Williams Lift Station to include new pumps and motors, pump control panels, suction and discharge piping, and odor control unit. 3. Design improvements to the Wooldridge Lift Station to include new pumps and motors, pump control panels, and suction and discharge piping. 4. Design improvements to the Everhart Staples Lift Station to include new pumps and motors, pump control panels, and odor control unit. 5. Design improvements to the Morgan Lift Station to include new pumps and motors, pump control panels, suction and discharge piping, and odor control unit. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No.E17806 2 PM/JR Rev. 1—03/09/18 PROJECT BUDGET ESTIMATE CITYWIDE LIFT STATION REPAIRS FISCAL YEAR 2018-2019 (A/E DESIGN CONTRACT) FUNDS AVAILABLE: Wastewater C I P.......................................................................................................... $ 6,259,600 TOTAL FUNDS AVAILABLE $ 6,259,600 FUNDS REQUIRED: Construction and Contingency Estimate:.......................................................................... 4,948,680 Construction Estimate............................................................................ 4,498,800 Contingency(10%)................................................................................ 449,880 Construction Inspection and Testinq Estimate:.................................................................. 269,086 Construction Inspection Estimate............................................................. 219,086 Testing Estimate................................................................................... 50,000 Design:..................................................................................................................... 385,650 Engineer(Urban Engineering)THIS CONTRACT ... 385,650 Reimbursements:........................................................................................................ 314,980 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 125,192 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 187,788 Misc................................................................................................... 2,000 TOTAL $ 5,918,396 ESTIMATED PROJECT BUDGET BALANCE $ 341,204 + I N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 wh qv CORPUS CHRISR Mor an Lift Station s M M Everhart/Staples Lift Station i3 a l; Williams Lift Station d BAY , 0°6 u FLOUR BEUFF am LAGUM WORE Wooldrid e Lift Station �F LOCATION MAP NOT TO SCALE Project Number: E17086 CITYWIDE LIFT STATION REPAIRS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS 2018-2019 DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering Citywide Lift Station Repairs 2018-2019 Council Presentation March 27, 2018 Project Location Corpus Chr'sti rngin.nring CITYWIDE LIFT STATION REPAIRS N SCALE:N.T.S. Morgan Lift Station Everhart/Staples Lift Station a t Williams Lift Station Wooldridge Lift Station Project Vicinity Corpus Chr sti _ Engineering CITYWIDE LIFT STATION �•- REPAIRS r1► Mor an Lift Station t Everhart/Sta les Lift Station Williams Lift Station 1 Williams Lift Station &�4- ) C. ) Project Scope Carpus Chr sti Engineering This is part of the ongoing program to recapitalize the City's 104 lift stations. This item provides for improvements to the four lift stations below. • Williams Lift Station • Wooldridge Lift Station • Everhart Staples Lift Station • Morgan Lift Station Project Schedule &�4- ) Carpus Chr sti Engineering APR MAY JUN JUL AUG SEP OCT Design Project Design Estimate: 190 days -- 7 months Projected Schedule reflects City Council award in April 2018 with design completion in October 2018. Citywide Lift Station Repairs 2018-2019 Corpus .r.n i rngin�ering Questions? 6 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E17086 CITYWIDE LIFT STATION REPAIRS 2018-2019 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Urban Engineering, a Texas company, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL-----------------------------------------------------------------------3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ----------------------------------------------------------------------5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS.................................................10 EXHIBITS Page 1 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC ARTICLE I —SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Page 2 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $385,650.00. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). te the expiratie—A date Af the prier term. ARY FeRAWA11; AhAll htQ At thtQ SAIMA tArMS AR GE)RditieRs, plus aR" Page 4 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Page 10 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2018-2019\CONTRACT\CONTRACT.DOC 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:/Avww.cctexas.cornfgovernmenVcity-secretarylconflict-disclosure/index. 13.11 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.12 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.13 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict, CITY OF CORPUS CHRISTI URBAN ENGINEERING Jeff H. Edmonds, P.E. DateJame L. Urban, P.E. Date Director of Engineering Services 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax APPROVED AS TO LEGAL FORM jimu a@urbaneng.com Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project Name Citywide Lift Station Repairs 2018-2019 Project Number E17086 Accounting Unit 4249-065 Account 550950 Activity E17086-01-4249-EXP Account Category 50950 Fund Name WW 2012B RVBD Amount $385,650.00 Page 11 Rev.18-1 KAENGINEERING DATAEXCHANGEYJENNIFER4WASTEWATER\E17086 CITYWIDE LIFT STATIONS 2918-20191CONTRACT%C0NTRACT,DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS CITYWIDE LIFT STATION REPAIRS 2018-2019 (WILLIAMS LIFT STATION, WOOLDRIDGE LIFT STATION, EVERHART STAPLES LIFT STATION, AND MORGAN LIFT STATION) PROJECT NO. E17086 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report (20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). EXHIBIT A Page 1 of 6 Revised November 26,2013 e) Field location of existing city utilities (A/E to coordinate with City Operating Department). f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey bench marks and coordinates. h) Preliminary traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/Y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the lift stations. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". C) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. g) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent EXHIBIT A Page 2 of 6 Revised November 26,2013 completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. i) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. EXHIBIT A Page 3 of 6 Revised November 26,2013 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Topographic Survey/Field Investigation. Provide field surveys and investigations, as required for design including the necessary control points, coordinates and elevations of points. 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, EXHIBIT A Page 4 of 6 Revised November 26,2013 repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit NTP 5 Weeks from NTP Draft ELR submittal 8 Weeks from NTP City Review 9 Weeks from NTP Final ELR submittal 15 Weeks from NTP 60% Design Submittal 18 Weeks from NTP City Review 22 Weeks from NTP 100% Design Submittal 25 Weeks from NTP City Review 27 Weeks from NTP Final Submittal 29 Weeks from NTP Advertise for Bids 31 Weeks from NTP Pre-Bid Conference 33 Weeks from NTP Receive Bids 40 Weeks from NTP Contract Award 45 Weeks from NTP Begin Construction TBD I Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT A Page 5 of 6 Revised November 26,2013 Summary of Fees Basic Services Fee 1. Preliminary Phase $47,700 2. Design Phase 247,500 3. Bid Phase 9,350 4. Construction Administration Phase 64,200 Subtotal Basic Services Fees 368,750 Additional Services Fees (Allowance) 1. Permit Preparation (as applicable) 0 2. ROW Acquisition Survey 0 3. Topographic Survey\Field Investigation 13,750 4. Environmental Issues 0 5. Construction Observation Services 0 6. Start-up Services 0 7. Warranty Phase 3,150 Sub-Total Additional Services Fees Authorized 16,900 Total Authorized Fee $385,650 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 6 of 6 Revised November 26,2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS CITYWIDE LIFT STATION REAPIRS 2018-2019 (WILLIAMS LIFT STATION, WOOLDRIDGE LIFT STATION, EVERHART STAPLES LIFT STATION, AND MORGAN LIFT STATION) Project No. E17086 TASK LIST 1 . Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 2. Design improvements to the Williams Lift Station to include new pumps and motors, pump control panels, suction and discharge piping, and odor control unit. 3. Design improvements to the Wooldridge Lift Station to include new pumps and motors, pump control panels, and suction and discharge piping. 4. Design improvements to the Everhart Staples Lift Station to include new pumps and motors, pump control panels, and odor control unit. 5. Design improvements to the Morgan Lift Station to include new pumps and motors, pump control panels, suction and discharge piping, and odor control unit. EXHIBIT A-1 Page 1 of 1 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 r $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT B If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: Contract for Professional Services City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similarwords mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer s findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 CITY COUNCIL EXECUTIVE SUMMARY e Council Priority STREETS Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works 4 Jeff H. Edmonds, P. E., Director of Engineering Services Andres Leal, Jr., Director of Street Operations Meeting Date Agenda Category Le istar ID March 27, 2018 Motion 18-0277 Agenda Title: Construction Contract— Downtown Street Traffic Signals and Area Improvements (Bond 2014, Proposition 2) PROPOSED ACTIONS/RECOMMENDATIONS ➢ Future Item — No action required ➢ Staff Recommendation: Authorization to execute construction contract o With Siemens Industry, Inc. of Austin, Texas o In the amount of$2,989,286 o For the Downtown Street Traffic Signals and Area Improvements project SUMMARY ➢ Project Scope: o Water Street from I H-37 to Coopers Alley ■ Remove and replace existing pedestal pole traffic signals with mast arm signals ■ New pedestrian poles with detectible push buttons and LED countdown ■ New ground boxes, control cabinets, street signs, radar detectors, etc. ■ Optimize traffic signals for improved traffic flow ■ Repair ADA-compliant pedestrian ramps at corners ■ Remove mid-block crosswalk east of John Sartain Street PRIOR COUNCIL ACTION ➢ October 18, 2016— Design contract awarded to Freese and Nichols FINANCIAL CONSIDERATIONS ➢ Approved Bond 2014, Proposition 2 project ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Recommendation Letter ➢ Presentation FUTURE ACTIONS ➢ Approval Action Project No.E15108 CH/VP Rev.0—03/20/18 Item Details Legistar # 18-0277 Construction Contract— Downtown Street Traffic Signals and Area Improvements (Bond 2014 Proposition 2) Council Meeting Dates: Item Being Considered: Future Item — March 27, 2018 Motion Action Item - April 10, 2018 RECOMMENDATION: Authorization to award a construction contract with Siemens Industry, Inc., of Austin,Texas in the amount of$2,989,286 for the Downtown Street Traffic Signals and Area Improvements (Bond 2014, Proposition 2) project for the base bid. BASE BID: The proposed improvements include traffic signalization, signage, street lighting, conduit and coordination with franchise utility owners and the City Departments on existing utilities in downtown Corpus Christi along Water Street from Cooper's Alley north to Twigg Street. A total of nine intersections will receive new mast arm traffic signals to replace the post mounted signals in place currently. ADDITIVE ALTERNATES: None BID SUMMARY CONTRACTOR BASE BID Siemens Industry, Inc. 2,989,286.00 Austin, Texas E Z Bel Construction, LLC San Antonio, Texas 3,252,334.00 D&G Energy Corporation 3,329,237.00 McAllen, Texas Clark Pipeline Services Corpus Christi, Texas 4,225,828.50 Austin Traffic Signal Construction Company, Inc. 4,337,819.40 Pflu erville, Texas Engineer's Opinion of Probable Construction Cost $3,256,000.00 SUMMARY: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects in the general election held on November 4, 2014. Project No. E15108 1 CH/VP Rev.0—03/20/18 Water Street is a four-lane undivided roadway in Downtown Corpus Christi that runs parallel to and one block west of Shoreline Drive for approximately 1.4-miles. Currently, Water Street has two lanes in each direction which pass through a densely developed area. The 3,000-foot segment has curbside parking and nine (9) signalized intersections. Most corners at each intersection have been improved recently to add bulb-outs and pedestrian curb ramps. These will remain as currently configured. This project removes existing outdated traffic signal pedestal poles along Water Street, from IH-37 to Coopers Alley and replaces them with new traffic signal poles and mast arms. New poles with mast arms will make the intersections safer for drivers with clearly positioned signals and improved turning- movement sight distance. Other new traffic signal components to be provided are pedestrian poles with detectible push buttons and LED countdown, ground boxes, control cabinets, conduit, street signs, attached street sign back-lighting (LED), radar presence detector, and miscellaneous incidentals. The new traffic signals are to be optimized for the Water Street corridor to improve traffic flow. At the intersection corners, ADA-compliant pedestrian ramps with adjoining concrete curb and gutter are to be repaired. The mid-block crosswalk with pedestrian ramps, just east of John Sartain Street, is to be removed and replaced with new curb and gutter and sidewalk. Freese and Nichols, the design engineer selected for this project under Request for Qualifications No. 2014-08, recommends award of a construction contract to Siemens Industry, Inc. in the amount of $2,989,286 for the Downtown Street Traffic Signals and Area Improvements project. PREVIOUS COUNCIL / BOARD ACTIONS: October 18, 2016— Design contract award to Freese and Nichols. Project No. E15108 2 CH/VP Rev.0—03/20/18 PROJECT BUDGET ESTIMATE Downtown Street Traffic Signals and Area Improvements BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2......................................................................................... 3,500,000 StormWater CIP............................................................................................................. 442,992 TOTAL FUNDS AVAILABLE............................................................................................. 3,942,992 FUNDS REQUIRED: Construction Fees: Construction (Siemens Industry, Inc.) THIS ITEM............................................................... 2,989,286 Streets................................................................................................... 2,602,336 Utilities................................................................................................... 386,950 Storm Water...................................................................... 386,950 Contingency (9%).......................................................................................................... 269,035.74 Construction Inspection and Testing Fees:............................................................................ 108,168 Construction Inspection............................................................................... 78,278 Construction Phase - Materials Testing Services (estimate)................................. 29,890 Design and Geotechnical Fees:.......................................................................................... 439,390 * Engineering Design (Freese and Nichols)...................................................... 419,090 Streets................................................................................. 419,090 Geotechnical Testing (Rock Engineering)........................................................ 20,300 Reimbursement Fees and Miscellaneous:............................................................................ 118,417 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)..................... 39,139 Engineering Services (Project Mgt/Constr Mgt)............................................... 78,278 Misc. (Printing, Advertising, etc.).................................................................. 1,000 TOTAL.......................................................................................................................... 3,924,297 ESTIMATED PROJECT BUDGET BALANCE....................................................................... 18,695 * Contract approved by City Council on October 18, 2016. NUECES BAY n I V �o SCALE: N.T.S. PROJECT LOCATION SHIP CHAN CORPUS CHRISTI ARO � QO � LEOPARD 0 a z 44 eq RISTI p <ph/ 286 AL Q c� OFtGP O 358 > M 0 9! O Z °�ti CORPUS CHRISTI BAY � 0�0�0 S ./p O L TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI O� Q 358 ZZ C DD �SgRgTOcq3�m Q�� �Rp�F CABANISSi OSO BAY Q N <6 FIELD Q� O �v 43 O moo° FLO Z 358 286 � Z J 2444 4v,V LOCATION MAP NOT TO SCALE Project Number: E15108 Downtown Street Traffic Signals CITY COUNCIL EXHIBIT and Area Improvements (Bond CITY OF CORPUS CHRISTI,TEXAS VW 2014) DEPARTMENT OF ENGINEERING SERVICES ,A Corpus Chr sti Engineering Downtown Street Traffic Signals and Area Improvements BOND 20141, Proposition 2 Council Presentation March 27, 2018 Project Location Corpus*Ch,sti Engineering wcco Rr,� NUECES BAY N 151 SCM:N.T.S. CIXi%15 CHRISTI PROJECT LOCATION d u� NNilMNn �Y COHPUS CHRISU BAY OSO BpY Project Vicinity Corpus*Ch,sti Engineering � � 1+ SCALE:N.T.S. 16 I._ TRAFFIC SIGNAL IMPROVEMENTS 9 LOCATIONS x Project Scope Corpus Chr sti Engineering Downtown Street Traffic Signals and Area Improvements includes: • Replace obsolete traffic signal poles with new and more visible traffic signal poles and mast arms (9-intersections) • New pedestrian poles with detectible push buttons and LED countdown units • New ground boxes, control cabinets, and conduit • New overhead illuminated (LED) street signage • Radar presence detectors • Optimized traffic signals at 9-intersections, Water Street from Coopers Alley north to Twigg Street • Miscellaneous intersection improvements to curb and gutter and sidewalk Project Schedule Corpus Chr sti Engineering 2018 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Bid & Award Construction Project Estimate:210 Calendar Days z 8 Months Projected Schedule reflects City Council construction contract award in March 2018 with anticipated construction completion in November 2018. Existing Signals (Sample) Corpus*Ch,sti Engineering n 6 Proposed Signals (Example) Corpus*Ch,sti Engineering ilk Downtown Street Traffic 3 Signals and Area Imps Eorpus ginee ing Engmeermg QUESTIONS? 8 MFREESE Innovative approaches 0 Practical results IVICHOLSOutstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com February 21, 2018 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: Downtown Street Traffic Signals and Area Improvements(Bond 2014) City Project No. E15108 Mr. Edmonds: The City of Corpus Christi received five(5)sealed bid proposals for the above referenced project on February 14, 2018 at 2:00 p.m. at the City Secretary's office. The project bid included a base bid for the proposed improvements include traffic and pedestrian signalization, signage,striping, street lighting, conduit and coordination with franchise utility owners and the City Departments on existing utilities in downtown Corpus Christi along Water Street from Cooper's Alley north to Twigg Street. There are no additive alternates included in the project. A total of nine intersections will receive new mast arm traffic signals to replace the post mounted signals in place currently. Attached are the bid tabulations of the five (5) bid proposals. We have received and reviewed the Statement of Experience of the three (3) lowest bidders and have found them to be satisfactory. All of the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project.The bid breakdown for the five bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid Siemens Industry, Inc. $2,989,286.00 E Z Bel Construction, LLC $3,252,334.00 D&G Energy Corporation $3,329,237.00 CPC Interests, LLC-DBA Clark Pipeline Services $4,225,828.50 Austin Traffic Signal Construction Co., Inc. $4,337,819.40 Siemens Industry, Inc. is the apparent low bidder for the project. Therefore, FNI recommends that the City award the construction contract for Downtown Street Traffic Signals and Area Improvements(Bond 2014) (City Project No. E15108)to Siemens Industry, Inc.of Austin,Texas in the amount of$2,989,286.00 for the Base Bid. February 21, 2018 Page 2 of 2 If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Shane Torno, P.E., P.M.P. Attachments: Tabulation of Bids TABULATION OF BIDS DEPARTMENTGFENGINE ERIN G SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:SIMINE-no,P.E. FREESE AND NICHOLS,INC. vxa 14,201e Dare E:0,256,000lBaee Blal DOWNTOWN TRAFFIC SIGNALS AND AREA IMPROVEMENTS nustn,Inc. El Lc energy corporsnon are pipeline services lxe sr signal (BOND 2014)-CITY PROJECT NO.E15108 so unnr Owens Blvn.stec 22e pare street st ane BASE BID co� pnu� ITEM DESCRIPTION UNIT CITY. UNITPRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT PART A:GENERAL Al Mobilization(5%Max) LS 1 $144,535.00 $144,535.00 $150,000.00 $150,000.00 $140,000.00 $140,000.00 $198,400.00 $198,400.00 $209,028.00 $209,028.00 A2 Bonds and Insurance LS 1 $1,129.00 $1,129.00 $45,000.00 $45,000.00 $100,000.00 $100,000.00 $76,800.00 $76,800.00 $175,000.00 $175,000.00 A3 Demolition LS 1 $25,407.00 $25,407.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 $124,800.00 $124,800.00 $25,000.00 $25,000.00 A4 Ozone Day DAV 1 $2,422Ao $2,422A0 $2,5GOM $2,5GOM $5,000AO $5,000Go $640A0 $640A0 $6,5GOM $6,500.00 A5 Surve Monument EA 2 $787.Oo $1,574.00 $1,500.00 $3,000OO $5,000OO $10,000GO $1,280.00 $2,560.00 $8,500.00 $1T000OO AS TCP Plan antl Pre EA 2 $1,916.Oo $3,832.00 $5,000.00 $10,000.0o $30,000.00 $60,000.00 $3,200.00 $6,400.00 $12,500.00 $25,000.00 A7 TCP Mobil¢ations/Atl'ustments EA 2 $1,91fi.00 $3,832.00 $3,500.00 $7,000.00 $10,000.00 $20,000.00 $3,840.00 $7,680.00 $9,$00.00 $19,000.00 AS TCP Items(Signs,Barricades,Channelizing Devices,etc.) MO 7 $1,916 Go $13,412.00 $18,000.00 $126,000.00 $15,000.00 $105,000.00 $2,240.o0 $15,680.00 $12,500.00 $87,500.00 A9 Sign Boards EA 4 $1,916.Oo $7,664.Go $9,Oo0.0o $36,000.00 $3o0.0o $1,200.00 $7,6Bo.00 $30.720.00 $7,500.00 $30,000.00 A10 Tem OM Si nalization Perintersection EA 2 $1,916.00 $3,832.00 $to,00o.00 $20,000.00 $20,Ooo.00 $40,000.00 $76,80o.o0 $153,600.00 $21,500.00 $43,Ooo.00 A11 Silt Fence for Storm Water Pollution Prevention LF 200 $11 Ao $2,2GOM $Moo $2,000AO $15.00 $3,000.00 $5.12 $1,024.00 $25.00 $5,000.00 Al2 Curb Inlet Protection EA 65 $11.00 $715.00 $20.00 $1,300.00 $1,000AO $65,000.00 $i60.00 $10,400.00 $125.00 $8,125.00 A13 Storm Water Pollution Prevention Plan LS 1 $678 GO 5678.00 $7,000.00 $7,000.00 $20,000.00 $20,000.00 $19,200.00 $19,2oo.00 $25,000.00 $25,000.00 Subtotal Part'A'Items Al throw hA13 $211,232.00 $439,800.00 $619,200.00 $647,904.00 $675,153.00 PART B:STREET IMPROVEMENTS 61 Eradicate Existing Crosswalk LF 60 $24.00 $1,440.00 $165.00 $9,9o0.00 $looGo $6,o00.00 $134.40 $8,064.00 $1o0.00 $6,000.o0 B2 Unanticipated Concrete Sidewalk Removal and Repair SF 2,Ooo $53.00 $106,000.00 $10.00 $20,000.00 $5o.0o $100,000.00 $27.31 $54,620.00 $20.00 $40,000.00 B3 Unanticipated Concrete Pavement Removal and Repair SV 250 $229.00 $57,250.00 $130.Oo $32,500.00 $150.00 $37,500.00 $46.08 $11,520.00 $120.00 $30,000.00 B4 Ref.Pavement Marking Type 1(V)(4")(DBL)(SOLID) LF 360 $22.00 $7,920.00 $ioGo $3,600.00 $6.00 $2,160.00 $1.92 $691.20 Koo $1,13ooAo B5 Reil.Pavement Marking Type 1(W)(4")(SOLID) LF 720 $22.00 $15,840.00 $lo.00 $7,200.00 $3.00 $2,160.00 $0.96 $691.20 $3.00 $2,160.0 B6 Reil.Pavement Marking Type 1(W)(12")(SOLID) LF 3,Ooo $22.00 $66,000.00 $12.00 $36,OOo.00 $10.00 $30,000.00 $5.12 $15,360.00 $7.00 $21,000OO B7 Prefab.Pavement Marking Type 1(W)(24")(SOLID) LF 800 $23.00 $18,400.00 $25.00 $20,000GO $15.00 $12,000.00 $10.24 $8,192.00 $15.00 $12,000.00 B8 Allowance for Unanticipated Street Improvements LS 1 $20,000.00 $20,000AO $20,000.00 $20,000AO $20,000.00 $20,000.00 $20,000AO $20,000AO $20,000.00 $20,000.00 Subtotal Part'B'Hems B1 throw h B8 $292,850.00 $149,200.00 $209,820.00 $119,138.40 $132,960.00 PART C:A.D.A.IMPROVEMENTS C 44"Concrete Side Ilk SF 1,160 $109.00 $12,44-0.Oo $25.00 $29,000.00 $60.00 $69,600.00 $10.24 $11,878.40 $20.00 $23,200.00 C2 Petl.Pole Assembly EA 31 $1,135.00 $3$185.00 $2,000.22 $62,000.00 $2,000.00 $62,Ooo.00 $2,437.12 $75,550.72 $2,100.00 $65,100.00 C3 Ped.Detect Push Button(APS)w/Rio-3E sign EA 72 $886.00 $63,792.00 $2,0002.00 $144,Oo0.0o $2,500.00 $180,000.00 $1,280.00 $92,160.02 $2,000GG $144,Oo0.00 C4 Petl.Sig.Sec.(LED)(Countdown) EA 72 $4fi1.00 $33,192.00 $600.00 $43,200.00 $800.00 $57,600.o0 $787.20 $56,678.40 $650.00 $46,800.00 Subtotal Part'C'Hems C1 throw h C4 $258,609.00 $278,200.00 $369,200.00 $236,267.52 $279.100.00 PART D:STORM WATER DRAINAGE IMPROVEMENTS Di fi"Concrete Curb B Gutter LF 150 $169.o0 $25,350.00 $35.00 $5,250.00 $200.00 $30,000.00 $38.40 $5,760.00 $150.00 $22,500.00 D2 I Thick Non-reinT Gutter Concrete Fill SF 525 $628.00 $329,700.00 $6.00 $3,150.00 $6o.o0 $31,500.00 $112.64 1 $59,13fi.00 $28.00 $14,700.00 D3 jUnanticipated Curb B Gutter Removal I LF I too $49.00 1 $4,900.00 $io.00 1 $1,000.00 MOO $4,000.00 $25.60 $2,560.00 $21.00 $2,100.00 Subtotal Part'D'Hems D1 throw h D3 $359,950.00 $9,400.00 $65,500.00 $67,456.00 $39,300.00 PART E:SIGNALD:ATION IMPROVEMENTS El Drill Shait rt.Si.Pole 24" Tem ora Casin ma be re uild LF 36 $543.00 $19,548A0 $250.00 $9,000.0o $250A0 $9,o0o Go $467.20 $16,819.20 $350.00 $12,600.00 E2 Drill Shaft rt.Si.Pole 36"with Tem ora Steel Casin LF 474 $543.00 $257,382.00 $450.00 $213,300.00 $700.00 $331,800.00 $1,184.00 $561,216.00 $750.00 $355,500.00 E3 Conduit(PVC)(Sch.40)(2")(Under Roadway) LF 1,656 $41.00 $67,896.00 $40.00 $66,240Ao $40.00 $66,240.00 $84.48 $139,898.88 $148.00 $245,088Ao E4 Contluit PVC Sch.40 2" LF 188 $25.00 $4,700.00 $40.00 $7,520.00 $15.00 $2,820.00 $79.36 $14,919.fi8 $108.00 $20,304AO E5 Contluit PVC Sch.40 3" LF 1,104 $25.00 $27,600.00 $45.00 $49,680.00 $19.00 $20,976.00 $88.32 $97,505.28 $109.00 $120,336.00 E6 Conduit(PVC)(Sch.40)(4")(Under Roadway) LF 1,656 $52.00 $86,112.00 $50.00 $82,800.00 $60.00 $99,360.00 $92.16 $152,616.96 $150.00 $248,400.00 E7 Conduit(PVC)(Sch.40)(4") LF 135 $25.00 $3,375.00 $5o.0o $6,750.00 $20.00 $2,700.00 $89.60 $12,095.00 $110.00 $14,850.00 E8 Elec.Condr.(No.6)Bare LF 2,796 $2.00 1 $5,592.00 $1.50 1 $4,194.00 VAG I $2,796.00 $1.87 $5,228.52 $3.00 $8,388.00 E9Elec.Condr.(No-6)Insulatetl LF 447 $2.Oo $894.Oo $2.Oo $894.00 $1 Lo $447.00 $2.27 $1,014.69 $5.0o $2,235.Oo Eio Elec.Condr.No.12 Insulatetl LF 9,642 $2.Oo $19,284.00 $1.75 $16,873.50 $0.50 $4,821.00 $2.37 $22,851.54 $1.90 $18,319.80 Ell Tray Cable 4Condr. 12 AWG LF 1,936 $4.00 $7,744.00 $3.Oo $5,808.00 $1.25 $2,420.00 $2.91 $5,633.76 $2.60 $5,G33.fio E12 Ground Box Type D(162922)W/Apron EA 51 $1,177.Oo $60,027.00 $1,000.00 $51,000.00 $1,200.00 $61,200.00 $2,560.00 $130,560.00 $2,150.00 $109,65G.Oo E13 Remove 8 Replace Ground Bax EA 6 $1,177.Oo $7,062.00 $1,500.00 $9,000.00 $1,200.00 $7,200.00 $3,200.00 $19,200.00 $2,150.00 $12,900.00 E14 Remove and Salvage FlashinBeacon Assembly EA 2 $1,048.00 $2,096.Oo $2,500.00 $5,000.00 $1,500.00 $3,000.00 $1,024.Oo $2,048.00 $2,500.00 $5,000.00 E15 Remove Controller Cabinet and Foundation EA 9 $1,235.Oo $11,115.00 $2,500.00 $22,500.00 $3,000.00 $27,000.00 $1,920.00 $17,280.00 $1,850.00 $16,650.00 E16Remove Traffic Signal Petlestal Pole EA 27 $487.00 $13,149.00 $350.00 $9,450.00 $500.00 $13,500.00 $448.00 $12,096.00 $650.00 $17,550.00 E17 Remove Traffic Signal Pedestal Pole and Foundation EA 4 $1,048.Oo $4,192.00 $650.0o $2,600.00 $1,000.00 $4,000.00 $1,728.00 $6,912.00 $1,ioo.00 $4,400.00 E18 Install Hi hwa Traifc Signal(isolated) EA 9 $1,886.Oo $16,974.00 $35,000AO $315,000.00 $16,000.00 $144,000.00 $32,000AO $288,000AO $24,270.00 $218,430.00 E19 Back Plate(12")(3 SEC) EA 60 $99.00 $5,940.Oo $200.00 $12,Oo0.00 $lo0.0o $6,000.00 $256.00 $15,360.Oo $135.00 $8,1o0.00 E20 Veh.Sig.Sec.12"LED Grn. EA 60 $215 Ao $12,900.00 1 $400.00 1 $24,000.00 $250.00 $1 S,OGo.00 $249.60 $14,976.00 $255.00 $15,300.00 E21 Veh.Si.Sec.12"LED Vel. EA 60 $215.00 $12SGOM $40oA0 $24,000.00 $250.00 $15,000.00 $249.60 $14,976M 11 $255A0 1 $15,3GOM Page 1 of 2 TABULATION OF BIDS DEPARTMENTGFENGINE ERIN G SERVICES-CITY OF CORPUS CHRISTI,T-S TABULATED BY:S-Tomo,P.E. FREESE AND NICHOLS,INC. vua 14,201e Dare E:u,zae,onnlBaee B,dl DOWNTOWN TRAFFIC SIGNALS AND AREA IMPROVEMENTS dusq,inc. El Lc Enemy corporsnon are P'Pellne semces ixe sr sienai (BOND 2014)-CITY PROJECT NO.El 5108 -NIBuddy Owens sive.stet zzs pard street st ane BASE BID co� Pnu� ITEM DESCRIPTION UNIT pTY. UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT E22 Veh.Si Sec. 12"LED Red EA 6o $215.00 $12,900.00 $400.00 $24,000.00 $250.00 $15,000.00 $249.60 $14,976.00 $255.00 $15,300.00 E23 Trt.Si.Cbl.(TypeA 14 AWG 20 Condr. LF 6,071 $20.00 $121,420.00 $7.50 $45,532.50 $4.00 $24,284.00 $567 $34,422.57 $5.00 $30,355.00 E24 Ins.Trt.S'.PL AM S 1 Arm 24' EA 1 $5,951.00 $5,951.00 $6,500.00 $6,500.00 $6,600.00 $6,600.00 $6,255.36 $6,255.36 $8,500.00 $8,500.00 E25 Ins.Trt.S'.PL AM S 1 Ann 28' EA 8 $6,259.00 $50,072.00 $7,000.00 $56,000.00 $7,000.00 $56,000.00 $7,091.20 $56,729.60 $8,800.00 $70,400.00 E26 Ins.Trt.S'.PL AM S 1 Arm 32' EA 1 $7,047.00 $7,047A0 $7,5MOO $7,500.00 $7,2MOO $7,200.00 $7,311.36 $7,311.36 $9,2MOO $9,200.00 E27 Ins.Trt.S'.PL AMS 1 Arm 32'Lum. EA 11 $8,165.00 $89,815.00 $8,000.00 $88,000.00 $7,500.00 $82,500.00 $9,117.44 $100,291.84 $9,500.00 $104,500.00 E28 Ins.Trt.S'.PL AMS 1 Arm 36' EA 2 $7,334.00 $14,668.00 $8,500.00 $17,000.00 $8,oU0.00 $16,o00.00 $9,525.76 $19,051.52 $9,900.00 $19,800.00 E29 Ins.Trt.S'.PL AMS 1 Arm 36 Lum. EA 2 $8,582.00 $17,164.00 $9,500.00 $19,000.00 $8,500.00 $17,000.00 $8,224.00 $16,448.00 $10,500.00 $21,000.00 E30 Ins.Trt.Sig.PL AMS 1 Ann 49Lum. EA 4 $9,336.00 $37,344.00 $1,000.00 $4,000.00 $9,000.00 $36,000.00 $9,525.76 $38,103.04 $12,500.00 $50,000.00 E31 Ins.Trt.Sig.PL AMS 1 Arm 44'Lum. EA 1 $9,777.00 $9,777.00 $10,500.00 $10,500.00 $10,000.00 $10,000.00 $10,447.36 $10,447.36 $13,5MOO $13,500.00 E32 -SN(LED)(8)(S) EA 30 $3,065.00 $91,95OA0 $3,500.00 $105,000OO $3,500.00 $105,000.00 $4,608.00 $138,240.00 $3,800.00 $114,000OO E33 Radar Presence Detector EA 36 $5,676.00 $204,336.00 $7,000.00 $252,000.00 $7,500.00 $270,000.00 $8,320.00 $299,520A0 $9,000.00 $324,000.00 E34 Radar Presence Detector Comm.Cable LF 2,587 $4.00 $10,348.00 $6.00 $15,522.00 $4.00 $10,348.00 $8.96 $23,179.52 $5.00 $12,935.00 E35Mast Arm Dam in Plate EA 30 $380.00 $11,400.00 $1,000.00 $30,000.00 $700.00 $21,000.00 $640.00 $19,200.00 $750.00 $22,500.00 E36 0.25 KW EO LED Luminaire TRAFFIC SIGNAL EA 18 $788.00 $14,184.00 $1,I)MOO $18,000.00 MOM $12,600.00 $640.00 $11,520.00 $850A0 $15,300.00 E37 Camera PTZ(Pelco Spectra Enhancad Series) EA 5 $7,149.00 $35,745.00 $5,000.00 $25,000A0 $7,000.00 $35,000.00 $6,400.00 $32,000.00 $7,500.00 $37,50OA0 E38 Ethernet Cable CAT 6 for PTZ LF 321 $2.00 $642.00 $5.00 $1,605.00 $2.00 $642.00 $13.02 $4,179.42 $15.00 $4,815.00 E39 Radio&Antenna Mimosa EA 24 $4,704.00 $112,896.00 $1,500.00 $36,000.00 $1,000.00 $24,000.00 $4,480.00 $107,520.00 $7,500.00 $180,000.00 E40 Ratlio Antenna Cable CAT 6 LF 2,163 $2.00 $4,326.00 $5.00 $10,815.00 $1.00 $2,163.00 $11.77 $25,458.51 $9.00 $19,467.00 E41 Electrical Service and Cabinet with Foundation EA 9 $4,961.00 $44,649A0 $10,000.00 $90,000.00 $7,I)MOO $63,000.00 $10,880.00 $97,920A0 $75MOO $67,500.00 E42 Controller Cabinet TS-2 with Extension EA 9 $10,719.00 $96,471.00 $15,000.00 $135,000OO $13,000.00 $117,000.00 $14,080.00 $126,720.00 $18,500.00 $166,500.00 E43 Controller Foundation EA 9 $1,967.00 $17,703.00 $6,000.00 $54,000.00 $3,000.00 $27,000.00 $2,240.00 $20,160.00 $3,500.00 $31,500.00 E44 Controller Econolite Cobalt EA 9 $3,658.00 $32,922.00 $6,000.00 $54,000.00 $3,500.00 $31,500.00 $4,480.00 $40,320.00 $6,500.00 $58,500.00 E45 TraRc Si nal Louver 12" EA 36 $202.00 $7,272.00 $400.00 $14,400.00 $400.00 $14,400.00 $640.00 $23,040.00 $650.00 $23,400.00 E46 Et her net 4000 Switch EA 9 $273.00 $2,457.00 $5,000.00 $45,000.00 $6,500.00 $58,500.00 $11,200.00 $ioo,8o0.o0 $7,500.00 $fi7,500.00 E47 U=Ie Power Su with Cabinet EA 9 $6,697.00 $60,273.00 $10,000.00 $90,000A0 $7,500.00 $67,500.00 $10,240.00 $92,160.00 $8,500.00 $76,500.00 E48 Ac clica Roatl Trend,Power/Comm Cable and 2AGHz Antenna EA 9 $5,455.00 $49,095.00 $7,750.00 $69,750.00 $6,000.G0 $54,000.00 $8,533.33 $76,799.97 $12,500.00 $112,500.00 E49 24"Decorative Medallion with Mounting Hardware EA 18 $2,352.00 $42,336.00 $5,500.00 $99,000.00 $1,500.00 $27,000.00 $2,560.00 $46,080.00 $2,500.00 $45,000.00 E50 Allowance for Unantici atetl Si nalization lm prow LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Subtotal Part'E' terns E1 throw h E50 $1,866,645.00 $2,375,734.00 $2,065,517.00 $3,155,062.58 $3,211,306.40 BASE BID SUMMARY TOTAL BASE BID PARTS A,B,C,D,&E PartA-General Items Al through A13 $211,232.00 $439,800.00 $619,200.00 $647,904.00 $675,153.00 Part B-Street lm rovements Items 6l throughB8 $292,850.00 $149,200.00 $209,820.00 $119,138.40 $132,960.00 Part C-A.D.A.Improvements(Items Cl through C4) $258,609.00 $278,200.00 $369,200.00 $236,267.52 $279,100.00 Part D-Storm Water Drainage Improvements Items D1 through D3 $359,950.00 $9,400.00 $65,500.00 $67,456.00 $39,300.00 Part E-S nalization lm rovements Items El through E50 $1,866,645.00 $2,375,734.00 $2,065,517.00 $3,155,062.58 $3,211,306.40 Total Base Bid $2,989,286.00 $3,252,334.00 $3,329,237.00 $4,225,828.50 $4,337,819.40 Page 2:d2 SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of March 20, 2018 1852 Action Item for the City Council Meeting of March 27, 2018 DATE: February 6, 2018 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology BMercado@cctexas.com 361-826-3740 Approval of a one-year software licensing and support agreement for LANDesk CAPTION: Motion authorizing the City Manager, or designee, to execute a one-year software licensing and support agreement with SHI Government Solutions, Inc., of Austin, for LANDesk software in the amount of$80,602.20 pursuant to the cooperative purchasing contract with the Texas Department of Information Resources with an option to renew for up to two additional years for a multiyear amount not to exceed $241,806.60 subject to annual appropriations. PURPOSE: Approval of this item continues the maintenance and use of LANDesk software and the cloud- based subscription. This solution provides a method for City employees to request IT support and provides ticket tracking, historical reporting, and IT asset management. Licensing also provides the IT Department with the ability to manage endpoint devices including security patches, remote assistance and remote software installation. BACKGROUND AND FINDINGS: On March 26, 2013, City Council authorized the purchase of upgrades to the LANDesk software that included a 3-year agreement for a total amount of$252,911.94. LANDesk software has been in place since 2008. This renewal allows IT to continue the effort to provide self-service reporting of assets and IT requests for City departments. On May 23, 2017, City Council approved a one-year agreement for LANDesk software and cloud-based subscription. The current DIR contract executed in October 2017 is DIR-TSO-3984. ALTERNATIVES: Search for new software at a potential higher cost. OTHER CONSIDERATIONS: The transition to a cloud-based subscription allows IT to continue the reduction of our datacenter footprint. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $477,773.00 $477,773.00 Encumbered / Expended Amount ($34,372.00) ($34,372.00) This item ($80,602.20) 1 ($161,204.40) ($241 ,806.60) BALANCE $362,798.80 ($161 ,204.40) 1 $201 ,594.40 Fund(s): Information Technology Comments: This is a cooperative contract with the Texas Department of Information Resources. Funds have been budgeted for this expense and are available in 5210-40480-530160, Rentals. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI, Inc. Quotation Agreement Price lock notice DocuSign Envelope ID-OACC623C-2662-45CC-AA97-6D00O22BCC97 END USER LICENSE, MAINTENANCE, AND SUPPORT SERVICES AGREEMENT This End User License, Maintenance, and Support Services Agreement ("EULA"), is a legal agreement between Licensee and Ivanti (as such terms are defined below). This EULA describes the terms and conditions upon which Ivanti is willing to license its products and provide Maintenance and Support Services to Licensee. BY INSTALLING OR USING ALL OR ANY PORTION OF LICENSED SOFTWARE, LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF LICENSEE DOES NOT AGREE TO ANY TERM OR CONDITION OF THIS EULA, LICENSEE SHOULD STOP INSTALLATION OR USE AND PROMPTLY RETURN THE LICENSED SOFTWARE IT PHYSICALLY POSSESSES, IF ANY, AND ANY ACCOMPANYING MATERIALS IN AN UNDAMAGED CONDITION TO THE VENDOR FROM WHICH IT WAS ACQUIRED. 1. DEFINITIONS. "Concurrent Users" means the maximum number of users that may concurrently use or access the Licensed Software. "Documentation"means the user documentation Ivanti provides with the Licensed Software. "Infringement Claim" means a claim by a non-affiliated third party against Licensee asserting that Licensee's use of Licensed Software in accordance with this Agreement violates that third party's patent, trademark, or copyright rights "Ivanti"means: • Ivanti U.K. Limited, an English company, if Licensee is purchasing any Licensed Software other than Wavelink or Naurtech branded Licensed Software and has its primary office located outside of North America, Central America, South America (excluding Brazil), (collectively, the "Americas"), Japan or the People's Republic of China. • Ivanti International Limited, an Irish company, if Licensee is purchasing Wavelink or Naurtech branded Licensed Software and has its primary office located outside of the Americas), Japan or the People's Republic of China. • Ivanti, Inc., a Delaware corporation, if Licensee has its primary office located in the Americas. • Ivanti Com6rcio de Software Brasil Ltda, a Brazilian company, if Licensee has its primary office located in Brazil. • Ivanti Software K.K., a Japanese company, if Licensee has its primary office located in Japan. • Ivanti (Beijing) Information Technology Co., Ltd., a Chinese company, if Licensee has its primary office located in the People's Republic of China. "Licensed Software" means the software, in object code form, and any Documentation accompanying this EULA or the software. "Licensee"means the person or entity licensing the Licensed Software from Ivanti pursuant to this EULA. "Maintenance"means Ivanti's provision of Updates and Upgrades to the applicable Licensed Software. "Node" means each electronic device using the Licensed Software including without limitation (a) a physical device such as a computer, handheld device, workstation, console, Seat, server, or any other electronic device; (b) a virtual machine, such as an operating environment that may be running DocuSign Envelope ID:OACC623C-2662-45CC•AA97-600Co22SCC97 concurrently with another operating environment on a single physical device; or(c)for the Ivanti Antivirus for Mail Servers product, an electronic or virtual mailbox(e.g., a mailbox for email). "Node Count Data" means information periodically generated by the Licensed Software about (a) the quantity and type of current usage of the Licensed Software on a server, and (b) the non-personal, encrypted hardware configuration of that server. "Seat"means the number of Concurrent Users authorized to use the Licensed Software. "Support Services" means the services regarding installation, configuration and usage detailed at http://www.ivanti.camlen-US/com2any/legal/support-terms and available to Licensee for purchase. "Update" means content used to update the License Software and includes bug fixes, minor enhancements and patches, but does not include Upgrades. "Upgrade" means a new version of Licensed Software that replaces a pre-existing version of such Licensed Software. "User" means a natural person employed by or who otherwise provides services (whether as an independent contractor or otherwise)to Licensee who is supported with or uses the Licensed Software. 2. LICENSES.The licenses that are available from Ivanti include,without limitation, the following: (A) TRIAL USE LICENSE: A"Trial Use License"is a nonexclusive, non-transferable, restricted, forty-five (45) day limited license that allows Licensee to evaluate the Licensed Software before purchasing a Full- Use License for the Licensed Software. At the end of the forty-five (45) day evaluation period, Licensee agrees to promptly discontinue use and delete the Licensed Software from Licensee's systems. It is the sole responsibility of Licensee to back-up its system and perform all other measures to prevent any loss of files or data. Use of the Licensed Software under a Trial Use License is entirely at Licensee's own risk. (B) FULL-USE LICENSE: A "Full-Use License" is a non-exclusive, non-transferable, perpetual, and limited license to copy, install and use the Licensed Software within Licensee's organization on the total number of Nodes for which Licensee has paid the required license fee. A Full-Use License does not include Maintenance or Support Services. Maintenance and Support Services must be purchased in addition to the Full-Use License. (C) SUBSCRIPTION LICENSE: A "Subscription License" is a non-exclusive, non-transferable, time- limited license to copy, install and use certain Licensed Software within Licensee's organization on the total number of Nodes for which Licensee has paid the required subscription license fee. Unless a different term is specified in the purchase order to Ivanti, the term of Subscription License or renewal thereof is one (1) year. During the term of the time-limited subscription, Licensee is entitled to receive Maintenance for the Licensed Software (additional Support Services also may be available for purchase by Licensee). If the Subscription License is provided as software as a service (SaaS), the terms and conditions found at www.landesk.com/saas/termsandconditions/ shall also apply in addition to the terms and conditions contained within this EULA. (D) USER-BASED LICENSE: A "User-Based License" is a non-exclusive, non-transferable, perpetual, and limited license to copy, install and use the Licensed Software within Licensee's organization to support the total number of Users for which Licensee has paid the required license fee. A User-Based License does not include Maintenance or Support Services. Maintenance and Support Services must be purchased in addition to the User-Based License. 3. LICENSE GRANT. Subject to Licensee's compliance with all terms and conditions of this EULA, Ivanti hereby grants Licensee a non-exclusive, non-transferable, restricted, license to use the Licensed Software in accordance with the type of license and subject to the quantity of Nodes paid for by Licensee. Licensee may make a copy of the Licensed Software only as needed for archival and backup purposes. DocuSign Envelope ID:OACC623C-2662-45CC-AA97-6D00O22BCC97 Licensee may permit third party consultants and contractors (such as third-party supplier(s)of information services) to use the Licensed Software on Licensee's behalf provided that (a) all such use is in accordance with the terms and conditions of this EULA, and (b) Licensee assumes full responsibility and liability for any use of the Licensed Software by such third parties in any violation of this EULA, including without limitation use in excess of the licensed number of Nodes. Licensee agrees not to override or bypass the activation process or any security feature, authorization, activation, or reactivation of the Licensed Software or to assist others in doing the same. 4. NODE COUNT VERIFICATION AND AUDIT. Licensee agrees that Ivanti may periodically verify that Licensee's usage of the Licensed Software does not exceed the quantity of Nodes or User-Based Licenses purchased. Periodically, the Licensed Software on each server will generate Node Count Data. Each time the Licensed Software generates Node Count Data on a server, Licensee agrees to send, within thirty (30) days of generation, the Node Count Data to Ivanti either automatically by the Internet or manually by email. If Licensee fails to provide such Node Count Data within thirty (30) days, Ivanti has the right to render the Licensed Software inoperative or reduce the Licensed Software's functionality until Licensee provides Ivanti with the Node Count Data. If the node count verification process shows that Licensee, including its third party consultants or contractors using the Licensed Software for Licensee, is using more than the number of Nodes or other Licensed Software for which licenses have been purchased, Licensee shall pay Ivanti for such additional Nodes and/or Licensed Software no later than thirty(30)days following Licensee's receipt of an invoice from Ivanti,with such fees being the license fees as per Ivanti's then-current price list. Licensee agrees not to override or bypass this node count verification process or assist others to do the same. With respect to User-Based Licenses, Licensee agrees to provide Ivanti with documentation evidencing the total number of Users within thirty(30)days of Ivanti's request. Licensee shall permit Ivanti to conduct audits to verify Licensee's compliance with this EULA. Such audits shall be conducted during normal business hours and after reasonable advance notice to Licensee by Ivanti. The cost of such audits will be bome by Ivanti; provided, however, that if such audit determines that Licensee has failed to pay fees amounting to five percent(5%) or more of that annual period's fees due hereunder, then Licensee shall reimburse Ivanti for the cost of such audit in addition to payment of any identified delinquent fees. 5. USE RESTRICTIONS. Ivanti reserves all rights not expressly granted to Licensee herein. Without limiting the generality of the foregoing, Licensee shall not and shall not allow others to: (a) copy, modify, adapt, rent, lease, sell, distribute, export, re-export, assign, sublicense, translate, transfer, or reprogram the Licensed Software or any portion thereof except as provided in this EULA; (b) use the Licensed Software in a service bureau, facility management, service provider, timeshare, or other similar type of environment, (c) reverse engineer, decompile, translate, merge, or disassemble the Licensed Software; (d) create derivative works based upon the Licensed Software; (e) use the Licensed Software to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, or defamatory, or to perform any activity which breaches the rights of any third party; (f)take any actions that would cause the Licensed Software to become subject to any open source or quasi-open source license agreement not otherwise applicable; or (g) transfer any Licensed Software or Licensee's license rights under this EULA, in whole or in part without Ivanti's prior written consent, which consent shall not be unreasonably withheld or denied. THE LICENSED SOFTWARE IS NOT INTENDED OR LICENSED FOR AND IVANTI SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE LICENSED SOFTWARE IN ANY ENVIRONMENT IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD IVANTI HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF LICENSEE'S UNAUTHORIZED USE OF THE LICENSED SOFTWARE. 6. OWNERSHIP OF LICENSED SOFTWARE, The Licensed Software is the proprietary property of Ivanti or its licensors. No title to or ownership of any Licensed Software is transferred to Licensee. The Licensed Software is licensed to Licensee, not sold. All rights, title and interest in and to the Licensed Software (including any Update or Upgrade thereto), including all worldwide intellectual property rights, shall remain with Ivanti, its licensors, vendors and/or suppliers, as the case may be. Ivanti may make DocuSign Envelope ID:OACC623C-2662-45CC-AA97-60000228CC97 changes to the Licensed Software at any time and without notice. Except as otherwise expressly provided, Ivanti grants no express or implied right under any Ivanti patent, copyright, trademark, or other intellectual property right. 7. COPYRIGHTS, TRADEMARKS, AND PATENTS. The Licensed Software is copyrighted and protected by the laws of the United States and other countries, and by international treaty provisions combined with patents and trademarks. In no circumstance may Licensee remove or alter the copyright notice, trademark notice, or other proprietary notices from the Licensed Software. Licensee agrees to faithfully reproduce and include all copyrights, trademarks, and other proprietary notices on any authorized copy of any Licensed Software. Ivanti is either a registered trademark or trademark of Ivanti, Inc. or its affiliates in the United States and/or other countries. One or more patents, as well as other patent pending technology, may apply to Licensed Software. 8. MAINTENANCE AND SUPPORT SERVICES. Nothing in this Agreement entitles Licensee to any Support Services and/or Maintenance of the Licensed Software without the required payment for such Support Services and/or Maintenance. (A) MAINTENANCE: During the term for which Licensee has paid the applicable Maintenance or subscription fees for the Licensed Software, Licensee is entitled to Updates and Upgrades as and when they are made generally available to Ivanti's end users. (B) SUPPORT SERVICES: During the term for which Licensee has paid the applicable support fees, Licensee is entitled to support in accordance with Ivanti's points-based support programs. Points expire at the end of each Support Services period and new points are calculated each renewal period. Support levels may be adjusted any time Licensee purchases additional Support Services. For more information on the Ivanti support programs, see the Ivanti service portal at http://www.ivanti.com/en- US/companylleual/support-terms. (C) NO OBLIGATION. Ivanti shall be under no obligation to furnish Maintenance and/or Support Services for the Licensed Software to the extent that such Maintenance and/or Support Services are necessary or desired as a result of: (i) the operation of the Licensed Software in environmental conditions or configurations outside those prescribed in the Documentation; (ii) Licensee's failure to upgrade and update the Licensed Software to the currently supported versions of the Licensed Software or to maintain the Licensed Software in accordance with the standards of Maintenance prescribed in the Documentation or as specified in Maintenance or Support Services received by Licensee from Ivanti; (iii) actions of any third party other than Ivanti or a third party authorized by Ivanti; and (iv)causes unrelated to the Licensed Software as delivered to Licensee by Ivanti, including without limitation, modifications to the Licensed Software made by Licensee or on Licensee's behalf. (D) TERMINATION OF MAINTENANCE OR SUPPORT SERVICES. Without limiting any other remedies available under this EULA, at law, or in equity, Ivanti shall have the right to terminate Licensee's right to receive Maintenance and/or Support Services with prior notice to Licensee for Licensee's breach hereunder if such breach remains uncured for a period of thirty (30) days after receipt of notice thereof from Ivanti. 9. THIRD-PARTY SOFTWARE. The Licensed Software may be bundled with non-integrated hardware or other software programs licensed or sold by a licensor other than Ivanti. IVANTI DOES NOT WARRANT SUCH THIRD-PARTY PRODUCTS. Any and all such third-party products (e.g., drivers, utilities, operating system components, etc.) which may be distributed with the Licensed Software are provided "AS IS" without warranty of any kind, whether express or implied, and Licensee's use and installation thereof, and any related warranty service, is subject to the third-party licenses supplied with such products or the applicable manufacturer's warranty. Use of Microsoft's DCOM software, distributed with the Licensed Software, is conditioned upon Licensee having a valid licensed copy of the applicable Microsoft operating system software on the computer on which the DOOM software is installed. Ivanti expressly disclaims liability of any kind with respect to Licensee's installation or use of third-party DocuSign Envelope ID:OACC623C-2662-45CC-AA97-6D00O22BCC97 products. Nothing in this EULA shall restrict, limit or otherwise affect any rights or obligations Licensee may have, or conditions to which Licensee may be subject, under any applicable open source licenses to any open source code contained in any Licensed Software. Ivanti may cease to provide access to third- party databases and content, such as patch content, used with some licensed software, in its sole discretion, at any time, and makes no warranty that third-party software which Licensee seeks to access using the licensed software shall be available for downloading to Licensee's system. 10. LIMITED WARRANTY. IVANTI WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS FROM LICENSEE'S INITIAL ACQUISITION OF A LICENSE TO USE THE LICENSED SOFTWARE, THE LICENSED SOFTWARE WILL FUNCTION SUBSTANTIALLY IN CONFORMANCE WITH THE DOCUMENTATION ACCOMPANYING SUCH LICENSED SOFTWARE WHEN USED IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION. LICENSEE'S SOLE REMEDY FOR A BREACH OF THIS WARRANTY SHALL BE THAT IVANTI, IN ITS REASONABLE DISCRETION, WILL EITHER: (i) RESOLVE THE NONCONFORMITY, (ii) REPLACE THE LICENSED SOFTWARE WITH SOFTWARE OF SUBSTANTIALLY THE SAME FUNCTIONALITY, OR (iii) REFUND THE LICENSE FEES PAID BY LICENSEE FOR THE APPLICABLE LICENSED SOFTWARE. THIS LIMITED WARRANTY SHALL NOT APPLY TO UPDATES AND UPGRADES (IF ANY) TO THE LICENSED SOFTWARE OR IF LICENSEE HAS OBTAINED A TRIAL-USE LICENSE 11. NO OTHER WARRANTIES. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE LICENSED SOFTWARE, MAINTENANCE AND SUPPORT SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERSEDED. NEITHER IVANTI NOR ITS LICENSORS REPRESENT OR WARRANT THAT THE LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT THE LICENSED SOFTWARE IS WITHOUT DEFECT OR ERROR OR THAT OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE MAY HAVE OTHER WARRANTY RIGHTS PROVIDED BY LOCAL LAW. 12. LIMITATION OF LIABILITY AND DIRECT DAMAGES. IN NO EVENT SHALL IVANTI OR ITS LICENSORS, VENDORS, AFFILIATES, SUBSIDIARIES, PARENTS, EMPLOYEES AND/OR SUPPLIERS BE LIABLE UNDER THIS EULA OR IN CONNECTION WITH THE LICENSED SOFTWARE, MAINTENANCE, OR SUPPORT SERVICES FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF COMPUTER PROGRAMS, OR INABILITY TO USE THE LICENSED SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM), EVEN IF IVANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IVANTI'S ENTIRE LIABILITY UNDER THIS EULA SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES AND THE AGGREGATE LIABILITY OF IVANTI ARISING FROM OR RELATING TO THIS EULA, THE USE OF THE LICENSED SOFTWARE, MAINTENANCE, AND SUPPORT SERVICES SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES RECEIVED BY IVANTI FROM LICENSEE UNDER THIS EULA FOR THE LICENSED SOFTWARE OUT OF WHICH SUCH LIABILITY AROSE (EXCEPT WITH RESPECT TO INDEMNIFICATION UNDER SECTION 13 OF THIS EULA WHICH SHALL NOT BE LIMITED). SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO SOME OF THESE PROVISIONS MAY NOT APPLY TO LICENSEE. 13. INDEMNIFICATION. (A) INDEMNIFICATION BY IVANTI: Ivanti will, at its own expense, defend or settle any Infringement Claim and indemnify Licensee for any damages finally awarded against Licensee, but only if: (i) Licensee promptly notifies Ivanti of any Infringement Claim; (ii) Ivanti retains sole control of the defense, negotiations, settlement, or compromise of any Infringement Claim; and (iii) Licensee provides Ivanti with all necessary authority, information, and reasonable assistance (at ivanti's expense). Ivanti will not be responsible for any costs, expenses or compromise incurred or made by Licensee without Ivanti's prior DocuSign Envelope ID OACC623C-266245CC-AA97-6DOCo22BCC97 written consent. If use of Licensed Software is permanently enjoined as the result of an Infringement Claim, Ivanti will, in its sole discretion and expense, procure for Licensee the right to continue using such Licensed Software, replace such Licensed Software with non-infringing product, modify such Licensed Software so that it is no longer infringing, or, if each of the foregoing is commercially unreasonable or unduly burdensome, Ivanti may elect to refund to Licensee the fees, less depreciation, received by Ivanti for such enjoined Licensed Software. Depreciation shall be determined using a straight line basis over thirty-six (36) months, commencing on the effective date for Ivanti Licensed Software and on the date of first delivery to Licensee of any Licensed Software or Support Services. (B) EXCLUSIONS: Ivanti shall not have any indemnification obligations, other responsibility or liability for any costs, expenses, or damages, settlement, or otherwise resulting from: (i) Ivanti's compliance with Licensee's designs, specifications or instructions; (ii) Licensee's modification (whether authorized or not) of Licensed Software; (iii) any Infringement Claim arising from Licensee's combined use of Licensed Software (or any part thereof) with any Licensee or other third party product; or (iv) Licensee's direct or contributory infringement of any business method patent. (C) ENTIRE OBLIGATION AND EXCLUSIVE REMEDY: The foregoing states the entire obligation and exclusive remedy of each of the parties hereto with respect to any Ivanti indemnification obligation. 14. PAYMENT AND TAXES. In the event that Licensee is purchasing directly from Ivanti and payment is required from Licensee directly to Ivanti (as opposed to purchase through or payment to an authorized Ivanti reseller or distributor), Licensee shall pay Ivanti all amounts due in U.S. Dollars no later than thirty (30) days following Licensee's receipt of an invoice from Ivanti_ For the purchase of any annual renewal of the then-current annual Subscription Fee and annual Support Services Fees (if any), Licensee shall make payment to Ivanti within thirty (30) days of such annual renewal. If Licensee fails to make a payment to Ivanti when due, Ivanti may charge Licensee interest at the lesser of a rate of one and one half percent (1.5%) per month or the maximum rate allowed by applicable law, which interest will accumulate on the outstanding balance on a daily basis until paid in full. Licensee shall reimburse Ivanti for all reasonable costs, including legal fees and related costs, Ivanti incurs in collecting any late payments and interest from Licensee. Ivanti shall be entitled to terminate all licenses, services and Support Services provided hereunder upon thirty (30) days prior written notice to Licensee if Licensee falls to pay any required fees when due. In the event that any withholding, sales, value-added, use or other taxes or government fees, assessments or charges are payable because of this EULA, the license of the Licensed Software to Licensee, or because of any payment by Licensee, then Licensee shall pay all such taxes, fees, assessments and charges in addition to all other payments. If Ivanti is required to make any such payments, Licensee agrees to reimburse Ivanti for such payments promptly upon notice from Ivanti. 15. TERMINATION OF THIS EULA. If Licensee is using the Licensed Software under any time-limited license, including without limitation a Trial-Use License or Subscription License, this EULA shall terminate with regard to such Licensed Software without notice to Licensee on the last day of the specified time period. Any other license granted hereunder shall automatically terminate if Licensee breaches this EULA. Upon expiration or termination of this EULA, Licensee shall immediately cease all use of the Licensed Software and uninstall and delete all of the Licensed Software. The foregoing shall not limit or affect any remedy available to Ivanti as a result of any breach of this EULA by Licensee. 16. EXPORT COMPLIANCE. Licensee acknowledges that the Licensed Software is exported from the United States in accordance with the Export Administration Regulations. The Licensed Software, and any product or technical information provided by Ivanti, are subject to applicable import and export regulations of the United States and/or other countries. Diversion contrary to U.S. law is prohibited. Licensee agrees to comply with all applicable import and export regulations as they may be amended from time to time. Regardless of any disclosure made by Licensee to Ivanti of an ultimate destination of the Licensed Software or any product or technical information, Licensee agrees that it will not export, re-export or disclose (directly or indirectly) any of the Licensed Software, any product or technical information DocuSlgn Envelope ID:OACC623C-2662-45CC-AA97-600CO22BCC97 provided by Ivanti, or any portion thereof, to any country, entity or person in violation of U.S. export laws or regulations or any other law, regulation, or government order. Note that Licensed Software containing encryption may be subject to additional restrictions with which Licensee also agrees to comply. 17. GOVERNING LAW. if Licensee has its primary office in North America, Central America, South America, or any other area not expressly identified below in this section, this EULA is governed by the laws of the State of Utah, United States of America. If Licensee has its primary office in a member state of the European Union or the European Free Trade Association, the Middle East or Africa, this EULA is governed by the laws of England. If Licensee has its primary office in Japan, this EULA is governed by the laws of Japan. If Licensee has its primary office in the People's Republic of China, this EULA is governed by the laws of the People's Republic of China. Such governing laws are effective without regard to the principles of conflict or choice of law and are exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods. In any action or suit to enforce any right or remedy under this EULA, the prevailing party will be entitled to recover its fees and costs, including reasonable attorney's fees. 18. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is provided with "RESTRICTED RIGHTS" and is deemed "commercial computer software" and "commercial computer software documentation" within the meaning of applicable civilian and military Federal acquisition regulations and any supplement thereto. Use, modification, duplication, or disclosure by the United States Government is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (DEC 2007) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data - commercial items clause); FAR 52.227-14, including Alternates 1, Il, and IIl (DEC 2007) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), and any successor provisions . Use of the Company products by the U.S. Government constitutes acknowledgment of Ivanti's proprietary rights therein. The Contractor or Manufacturer is Ivanti, Inc. (or its subsidiaries or affiliates),with an office at 698 West 10000 South, Suite 500, South Jordan, UT 84095, USA, 19. SEVERABILITY. If any provision in this EULA shall be found or be held to be invalid, unenforceable, or in conflict with applicable law in any jurisdiction in which this EULA is being performed, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity, unenforceability, or conflict, and all other provisions of this EULA shall remain unaffected. 20. FORCE MAJEURE. Ivanti shall not be liable for its failure to perform due to unforeseen circumstances or any causes beyond Ivanti's reasonable control ("Farce Majeure"). In the event of Force Majeure, Ivanti's performance will be extended for a period equal to the duration of the delay caused thereby. 21. WAIVER. No action taken pursuant to this EULA, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by such party of any representation, warranty, covenant or agreement contained herein. The waiver by any party hereto of a breach of any provision of this EULA or failure to perform by the other party shall not operate or be construed as a further or continuing waiver of such breach or failure to perform or as a waiver of any other or subsequent breach or failure to perform. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by applicable law. 22. ASSIGNMENT; SUB-LICENSE. Licensee may not assign, sublicense, or transfer this EULA, the Licensed Software, any right to Support Services, or any rights or obligations hereunder without prior written consent of Ivanti. Ivanti may assign this EULA and any rights or obligations hereunder at any time and without consent. DocuSign Envelope ID:OACC623C-2662-45CC-AA97-6D00O22BCC97 23. NOTICES. All notices required or permitted to be given hereunder shall be in writing, shall make reference to this EULA, and shall be delivered by hand, or dispatched by prepaid courier or by registered or certified mail, postage prepaid. Notices to Ivanti shall be sent to the following address: lvanti, Inc. 698 West 10000 South, Suite 500 South Jordan, Utah 84096 Attn: Legal Dept. Notices shall be deemed served when received by addressee or, if delivery fails by reason of some fault or action of the addressee,when tendered for delivery. 24. ENTIRE AGREEMENT; AMENDMENT. This EULA sets forth the entire understanding and agreement between Licensee and lvanti relating to the subject matter herein. This EULA may be amended only in a writing signed by authorized representatives of both parties. No vendor, distributor, dealer, retailer, reseller, salesperson, employee or any other person is authorized to modify this EULA or to make any representations different from, or in addition to, the terms of this EULA and Licensee hereby confirms that it has not entered into this EULA in reliance on any statement or representation not expressly set forth herein. Any terms and conditions of any purchase order or other document that is submitted by Licensee in connection with the lvanti Licensed Software that are different from or in addition to the terms and conditions of this EULA are not binding on lvanti and are ineffective. EULA—Version: March 2017 EACH PARTY HAS CAUSED ITS DULY AUTHORIZED REPRESENTATIVE TO SIGN THIS AGREEMENT. IVANTI CITY OF CORPUS CHRISTI "LICENSEE" DocuS{pnaf by: By Ms ( By: (Si &1"1F37AAD4ea (Signature) Name. yrus Hatfield Name: (print) (print) Title: vice President Americas Title: (print) (print) os �9 - l A roved as to t6rM. -- C Ass nt City Corney Fo Ity Attorney Pricing Proposal Quotation#: 14957249 Created On: 3/5/2018 Valid Until: 3/30/2018 Sh 1-d r li a rii k i? CITY OF CORPUS CHRISTI Inside Account Manager Jesse Carmona Jeff Rosen 1201 LEOPARD ST 1301 South Mo-Pac Expressway CITY HALL BASEMENT Suite 375 CORPUS CHRISTI,TX 78401 Austin,TX 78746 United States Send PO to:Texas@shi.com Phone: (361)826-3765 Phone: 800-870-6079 ext 8686150 Fax: (361)826-4356 Fax: (512)732-0232 Email: jessecar@cctexas.com Email: Jeff—Rosen@shi.com All Prices are in US Dollar(USD) Product Qty Retail Your Price Total 1 Cloud Services/Management Gateway Maintenance 1 $0.00 $795.00 $795.00 LANDesk-Part#:SCNT-PMA-LDMG1000 Contract Name: Software Contract#: DIR-TSO-3984 Coverage Term:3/30/2018—3/29/2019 2 TOTAL USER MANAGEMENT BUNDLE MNT(USR) 2896 $0.00 $17.50 $50,680.00 LANDesk-Part#: LDTUM-M Contract Name: Software Contract#: DIR-TSO-3984 Coverage Term:3/30/2018—3/29/2019 3 SD Host Fixed End User 2896 $0.00 $9.70 $28,091.20 LANDesk-Part#:SDHOSTFXAN-S Contract Name: Software Contract#: DIR-TSO-3984 Coverage Term:3/30/2018—3/29/2019 4 SD Host Admin Console 1 $0.00 $1,036.00 $1,036.00 LANDesk-Part#:SDHOSTAC-S Contract Name: Software Contract#: DIR-TSO-3984 Coverage Term:3/30/2018—3/29/2019 *Tax $0.00 Total $80,602.20 *Tax is estimated. Invoice will include the full and final tax due. Additional Comments SHI will offer this price for a total of three years as per Ivanti's promise to lock the pricing for that timeframe The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/retumliol%vunless there is an existing agreement between SHI and the Customer. DocuSign Envelope ID: 9A626131-D23F-4D3E-99CD-B64162B1C74A Ivanti March 5, 2018 Frank De Los Santos City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Price Lock Letter Dear Mr. De Los Santos: Ivanti Inc., ("Ivanti")hereby agrees that until March 29, 2021,there will be no (0%)price increase to your reseller over the prices quoted to your reseller on quotes Q-258861, Q-286979 and Q-286983 (the "Quotes") for annual maintenance and subscription renewals for: 1) Cloud Services/Management Gateway Maintenance 2) Total User Management Bundle Maintenance (USR), powered by Landesk 3) SD Host Fixed End User 4) SD Host Admin Console Any reduction in quantity of the products listed on the Quotes will result in a termination of this price protection agreement. This price protection is provided only to City of Corpus Christi and is not assignable or transferable, and may not be extended without the express written agreement of Ivanti. Regards, EDocuSigned by: MS fwk CBEW37AAD498... Cyrus Hatfield Vice President Americas Sales EDS 113 www.ivanti.com 1801.208.1500 SC GO � O H U NOORPOB 1ED 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 27, 2018 Action Item for the City Council Meeting of April 10, 2018 DATE: March 9, 2018 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Reimbursement Resolution for Solid Waste Certificates of Obligation CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds one or more series of taxable obligations to be issued by the City in an aggregate amount not to exceed $7,500,000 for authorized purposes relating to constructing various City improvements; authorizing matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on issuing up to $7,500,000 of taxable certificates of obligation to construct Sector 3C disposal cell at the Cefe Valenzuela Landfill. In order to begin awarding contracts and expending funds prior to the receipt of the proceeds from the certificates of obligation, this resolution gives the City the authority to reimburse itself from the proceeds for qualifying expenditures. BACKGROUND AND FINDINGS: At the February 27, 2018 City Council meeting, the City Council discussed upcoming bond projects for the fiscal year. One of the projects was the construction of Section 3C disposal cell at the Cefe Valenzuela Landfill. It was discussed that this project would be funded with certificates of obligation that would be paid for by the Solid Waste Department (and not by property taxes). On April 10, 2018, the contract to begin construction for this new cell will be presented to the City Council for approval. For the City to be begin awarding contracts and to be eligible for reimbursement of any expenditures incurred prior to the issuance of the certificates of obligation, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable FINANCIAL IMPACT: x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - - - - BALANCE - - - - FUND(S): Water CIP Fund COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: • Financial Services • Solid Waste Services • Engineering • Bond Counsel • City Attorney's Office LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $7,500,000 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill (the Construction Costs), (ii)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer intends to reimburse itself for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $7,500,000 to finance a portion of the costs of the Project; and WHEREAS, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, 29606172.6 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 3. The Issuer intends to otherwise comply with those matters addressed within this Resolution. SECTION 4. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law. SECTION 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 29606172.6 - 2 - 29606172.6 - 3 - PASSED, ADOPTED AND APPROVED on this the 10th day of April, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 10th DAY OF APRIL, 2018: Miles Risley, City Attorney 29606172.6 S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 10th day of April, 2018, relating to establishing the City's intention to reimburse itself in an amount not to exceed $7,500,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 10th day of April, 2018. City Secretary (CITY SEAL) 29606172.6 S-2 That the foregoing resolution was read and passed on this the 10th day of April, 2018, by the following vote: Rudy Garza Ben Molina Paulette Guaj ardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the 10th day of April, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 29606172.6 S-3 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of March 27, 2018 DATE: March 5, 2018 TO: Margie C. Rose, City Manager THRU: Keith Selman, Assistant City Manager Keith Se(o-)-cctexas.com 361-826-3878 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyBa-cctexas.com 361-826-3021 Homelessness Recommendations Update STAFF PRESENTER(S): Name Title/Position Department 1. Rudy Bentancourt Director Housing and Community Dev. 2. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Amy Granberry Chief Executive Officer Charlie's Place Recovery Center 2. Paulette Kluge Chief Executive Officer CC Convention & Visitors Bureau 3. BACKGROUND : During the December 12, 2017 City Council meeting, City staff presented an update to the four homeless solutions recommendations originally presented by the Advisory Council on Homelessness, Mental Health, and Substance Abuse on October 17, 2017. An updated was presented to City Council on November 7, 2017 as well. City staff has created an on-going Action Plan to assist the Advisory Council in their recommendations. The presentation will provide an brief status of three recommendations with more discussion on the Tiny Homes recommendation. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Homeless Recommendations Update Homeless Recommendations Update March 27, 2018 Council Briefing Rudy Bentancourt Status Update #1 and #4 Recommendation #1 — Coordinated Entry (CE) • Coordinated Entry — HCD policies and procedures effort with Texas Homeless Network • CE Policies and Procedures — Approved 3/6 • CE Policies and Procedures transition to HIP for management — 3/9 • The Salvation Army will currently serve as the only CE Entry Point; Participating agencies to be receiving agency Recommendation #4 — Family Reunification Program • TSA — Program implemented Status Update #2 Recommendation #2 — Homeless Work Program • Advisory Council coordination with TAMUCC research methods for class project • Task: • Research Best Practices (Albuquerque and Ft. Worth) • Demystify supportive services • Establish a local model with program guidelines Status Update #3 Recommendation #3 — Tiny Homes Pilot Program • Advisory Council subcommittee has toured Community First Village in Austin, TX on 2/6 • SkillsUSA April 2018 Competition • Create MOU/Agreement • Finalize footprint design • Establish delivery date • Opportunity for future annual coordination/inventory and redesign • Collaboration with local students — continue momentum Status Update #3 Recommendation #3 — Tiny Homes Pilot Program Preliminary Criteria • Chronic Homeless — Veteran Population • Ability to pay rent • Conditional Entry Program (Homeless Management Information System) • One unit for on-site Program Manager • One unit for counselors • Resident to follow civil laws & rules/regulations of the village • Establish vetting process for homeless participants. Assessment for participants (not to be a threat to themselves or others) • Furnishings — seeking donations • Volunteers needed for garden, walk-ways, shade area, picnic tables, etc. Status Update #3 Status Update #3 Gmdert�i AAA � hA Wcrtie( GmFing Firy ring Tmif/W.ik—m Mcmlc/ Cm ting �`1AAAA 5idevmlk ems stop rry Winnebago S-1 Y Next Steps Return to City Council with status update: June 2018 • Short term storage • Identify Land • Identify Restroom/Shower Facilities ThankYou QUESTIONS? SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of March 27, 2018 DATE: March 5, 2018 TO: Margie C. Rose, City Manager FROM: Mark Van Vleck, Assistant City Manager MarkVW@cctexas.com 361-826-3082 National League of Cities Service Line Warranty STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager Executive Offices OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Brian Davis Representative USP, a HomeServe Company BACKGROUND: Mr. Davis will introduce the National League of Cities Service Line Warranty Program. LIST OF SUPPORTING DOCUMENTS: Program attachment NLCNATIONAL LEAGUE OF CITIES CITIES STRONG TOGETHER Service Line Warranty Program Presentation for: City Of Corpus Christi, TX Administered by Utility Service Partners, Inc. A HomeServe Company PROGRAM OVERVIEW—BENEFITS AND NEEDS The NLC Service Line Warranty Program: ✓ Offers free education to residents on their service line responsibility with the option to protect themselves ✓ Protects homeowners against unexpected financial hardship when home emergencies occur ✓ Uses only local, licensed and insured contractors to ensure all repairs are made quickly, correctly, and to code. ✓ Offers customers a single point of contact to streamline the repair process ✓ Is an optional program,with plans starting as low as$5.50/month, and citizens are free to choose which protection plan is right for them ✓ A+ ratings with the BBB and together have a 98%Customer Satisfaction rate ✓ Can save homeowners$2,500- $4,000 when having a water or sewer line replaced ✓ HomeServe/USP performs a repair every 73 seconds ✓ HomeServe/USP has delivered over$3oo million in repairs to homeowners in the past three years EXPERIENCE REPUTATION PARTNERSHIP The city has fully vetted this program and conducted proper due diligence_The program is endorsed by the National League of Cities, North Central Texas Council of Governments, multiple state municipal leagues and over 200 cities nationwide_ They also have an exemplary BBB record dating back to 2003. —Todd Gloria;City Council,San Diego,CA 10 BBB Torch Award for Marketplace Ethics T°=`. "°'ma°Ce. 1—gri" =STEV1E'W1NNEPR_BBB NLCOFNATIONAL LEAGUE CITIES CIT STHP T-THEF Page 1 PARTNER CITY DATA Cost of jobs for large partner cities The chart below contains enrollment and repairjob data for the following partner cities: Las Vegas, Atlanta, Kansas City, Phoenix,Tucson,Tulsa, Baltimore, Salt Lake City, Birmingham, Mesa and Arlington. Product Enrollments #of Jobs Job% Jobs< $750 Jobs> $750 Water Line 115,160 6,791 5.90% 5,361 1,430 Sewer Line 99,465 13,759 13.83% 12,060 1,699 Total 214,625 20,550 9.57% 17,421 3,129 If line replacements are required,claims expense can generally range from$2,000 to$4,000. NLCOFNATIONAL LEAGUE CITIES CITIES--I-T- Page 2 THE NUMBERS ✓ The NLC Service Line Warranty Program has saved citizens nearly$300 million dollars in repair expense over the last 3 years. The table below represents our repair expense across our 20 largest partner cities, totaling over$34 million dollars. Account Name Paid to Date Years in Program City of Arlington-TX $277,222 1 City of Atlanta-GA $2,162,495 5 City of Baltimore-MD $3,388,024 3 City of Birmingham-AL $2,645,983 3 City of Charleston-SC $686,646 3 City of Columbia-SC $540,493 1 City of Dayton-OH $403,189 4 City of Fort Lauderdale-FL $171,959 4 City of Hamilton-ON $492,212 2 City of Kansas City-MO $1,922,454 3 City of Las Vegas-NV $256,861 3 City of Louisville-KY $13,974,772 9 City of Madison-WI $535,006 3 City of Mesa-AZ $330,839 3 City of Newark-NJ $331,452 1 City of North Las Vegas-NV $117,736 3 City of Phoenix-AZ $1,520,177 4 City of Salt Lake City-UT $2,063,042 3 City of San Diego-CA $590,795 3 City of Tucson-AZ $835,653 2 City of Tulsa-OK $1,029,825 2 Total 34,276,838 NLCOFNATIONAL LEAGUE CITIES CITIES STXP 1-T- Page 3 PARTNER CITY TESTIMONIALS AND REFERENCES Felicia Moore,Councilmember,City of Atlanta,Georgia "After four years of program participation(and over$i million spent by the NLC Program on Atlanta homeowner repairs), we continue to receive compliments from our constituents on our sharing this opportunity with them. Many have signed up and forthose who have had to use the service;we have not received any complaints." Steven Wright,Chief Information Officer,City of Mesa,Arizona "We have worked with SLWA forthree years and have found the company to be responsive and focused on providing quality services to our residents." Jon Brodsky,former Public Information Officer,City of Phoenix,Arizona "The Service Line Warranty Program helps both Phoenix residents and the city government. Revenue from the program goes to core city services like police,fire, parks, libraries and senior centers." Shonte Eldridge,Chief of Special Projects,City of Baltimore, Maryland "They have exceeded all expectations regarding this partnership.They provided the City with a dedicated team that has been quick to respond to all of our questions and has gone above and beyond regarding our marketing materials.They also executed an exceptional training course on the program to our customer service staff." John Sharp,former City Councilman,City of Kansas City, Missouri "The City has benefited because it's a good service we offer people. I signed up myself." Bryan Long,City Manager,City of Lawton,Oklahoma "The program payouts have been huge for our homeowners;over$230,000 in water and sewer line repairs alone in 24 months. It really illustrates the fact that the program is responsive." Jay Walter, Public Works Director, City of San Carlos, California "While sewer and water line breaks do not happen frequently,when they do,they can be costly to repair. The City is pleased to be able to provide San Carlos homeowners with the option to purchase private warranty coverage for their service lines." Todd Gloria, City Councilman, City of San Diego,California "The city has fully vetted this organization and this program and we've conducted due diligence. SLWA's program is endorsed by the National League of Cities, North Central Texas Council of Governments, multiple state municipal leagues and hundreds of municipalities. SLWA's been a member of the BBB since 2003 and they are very proud of their exemplary record." John Brenner, Former President, PA State Municipal League "There is no question this is a helpful service to residents. It's important to me that this is a reputable company who is interested in investing in your community." Rodney S.Craig,Village President,Village of Hanover Park, Illinois "Having worked with SLWA for the last 4 years,the Village of Hanover Park has found them to be very customer focused and extremely responsive to our residents.Those who have had a repair incident have been very satisfied with the speed and quality of the technician who services the claim,and they were relieved to avoid significant out-of-pocket expenses. This is important protection for homeowners and I always share with my peers how every city in Illinois should have this program." NLCOFNATIONAL LEAGUE CITIES CITIES STXP 1-T- Page 4 ONE DAY OF CUSTOMER TESTIMONIALS - CAPTURED FROM MYREPUTATION.COM 5.0 /aS Nov 17, 2016 I was very impressed with the service. I am 100% satisfied! The technician was knowledgeable, thorough, courteous, and patient. He explained to me why I was having a problem, and he resolved it! Rarely, does one come across an individual that is so committed in the resolution of a problem. I highly recommend the technician as well as the company! 5.0 /5 Nov 17, 2016 Excellent service and excellent experience. The plumber who was dispatched; (Shapiro and Sons) had the latest equipment to quickly diagnose the problem and make repairs with the minimum amount of inconvenience. I'm afan! &M Nov 17, 201G Outstanding service. Called they were there in 2 hours, fixed the problem and no problems since I was impressed with the workers who came here, proficient and professional 5,015 Nov 17; 201113- They 111They did an Excellent Job and didn't stop working until my problem was completely resolved to my satisfaction. If you have a plumbing problem. these are the pros you want to resolve it. 5.0 /5 Nov 17, 2016 This was my first time having to call for repairs- I received great service! The workers were courteous, very professional and knew exactly what needed to be done. To my surprise, they even cleaned up after themselves! I'm so glad that I have the Interior Plumbing plan! It's definitely worth it! &0 15 Nov 17, 2016 1 was impressed with the knowledge of an older heating system_ The service men were polite and answered all questions thoroughly. was very pleased NLCO.NATIONAL LEAGUE CITIES --ST HONET-ETHER Page 5 5.0 6 Nov 17, 201.6 We were contacted promptly about our claim- The representative was courteous and asked only the information necessary to get: needed information. The plumbing company was prompt in setting up the appointment and replacing our water heaters All in all. it:was a very good experience. Thank you. �- 4.0 15 Nov 17, 2016 My issue was dealing with a water line leak outside of my house- was very impressed with my home service agent that not only got claim process she even followed through with scheduling all the work to be completed_ 5.0 /5 Nov 17, 201& We called on Sat and they returned our call in a short time. The plumber came out on Sunday morning and did a great job. He was very friendly and in a short time we were running water again. Made the smallest amount of mess in the yard and did a great job of cleaning up. Very impressed- &0 /5 Nov 17, 2016 One of the most pleasant experiences I have ever had....from the initial phonecall to the service!! Very efficient and professional- Thank you!! 4,10 i5 Nov 17, 2016 We had a leaky water pipe_ I called and the next day had someone come out and fix it_ It was fast and efficient and it was nice to have coverage. 5.10 /5 Nov 17, 2016 the crew that came over to perform the repair was very friendly and polite. Explain every step to the repair and very clean. NLCOFNATIONAL LEAGUE CITIES CITIES STX-I-T- Page 6 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of March 20, 2018 DATE: February 28, 2018 TO: Margie C. Rose, City Manager FROM: Keith Selman, Assistant City Manager KeithS@cctexas.com 361-826-3898 Corpus Christi Holidays on the Bay STAFF PRESENTER(S): Name Title/Position Department 1. Keith Selman Assistant City Manager City Manager's Office 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Paulette Kluge CEO Corpus Christi Convention & Visitors Bureau 2. BACKGROUND : On December 12, 2017 City Council Meeting Item T., Councilwoman Vaughn requested to begin a conversation about having a Christmas Festival in Corpus Christi along with making efforts to provide holiday decorations to enhance the Christmas cheer. City staff has partnered with the Corpus Christi Convention & Visitor's Bureau to plan Corpus Christi Holidays on the Bay which will last the entire month of December 2018. The festival includes life size Christmas decorations, a Christmas light competition among Downtown business owners, and a family oriented schedule of weekend events. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Corpus Christi Holidays on the Bay i C- orpus Christi 0 Holidays on the Bay MISSION VISION Coordinate with existing organizations Large kale and impactful holiday- to deliver cohesive and consistent inspired decorative elements in the holiday decorative elements and downtown area of Corpus Christi and unique programming during the month incorporate unique programming on of December in order to increase HOT, every weekend in the month of stimulate the Coastal Bend economy December. through sales tax and enhance the quality of life of residents. NEW BAYSHORE PARK CITY OF CORPUS CHRISTI MJLTI (RPOSE P NG OT -. \\ .-_-NEW SIDEWALKS -- _ DIA —_ 1 \ DIl�GONAL PARKING/ COURTS "� CESSIBILIN 1 1 R EO YOUT � � � \ IMPROVEMENTS �l\ NEWPLAYGROUND - FOODCOURTAND FACIRESLROOMITIES' O WER I. �EW SII SPECIAL EVENTS SPACE .. NEW / ADULT FITNESS AREA S E STRUCTURE ENLARGED PLAZA H NEW PAVERS/LA A INOp RELOCATED MOr RIALS ! L L * b i � PARKING/TFtP,FFIC CONTROL � � 4 40 Ap s � i PARKING CONTROL PARKING CONTROL NEW RESTR OMS SPECIAL EVENTS SPACE FUTURE SAIL PI IMPROVEMENTS/DECK NORTH PARKING LOT USS CORPUS CHRIST MONUMENTAL SIGNAGE LARGE/SMALL SHORELINE IMPROVEME PARKING TRAFFIC LAN IMPROVEMENTS ALTERNATE BI OL n IMPROVEMENTS WITH SHADE (PLANTERSy (NOT IN CONTRA ) WPEI DESTRIAN FOOD NS GGNA I ARCHITECTS C Fult n astcon �. o Co General Contractors Decorati* ve Elements ,Cx' THE MOST BEAUTIFUL, FABULOUS , GORGEOUS CHRISTMAS TREE IN THE ENTIRE PLANET .' CE Decorati* ve 1 1I �� 1 Jr •., i r J 4 ''' ,..Y�� + � �'� _ � � `■I 4 Imo_...p,�y'',�4��L ��+fir - ■ _ �i 1 - ®' rte.. � ■i��r• W � ■_ I ,". Y • V � ■ 5 2i��I ■ •I� y AL MA 4&� •�s� I+ p,.1•�'� �I�r.r �-■yam -�'. �ti .I ■� Jori S _� 1 ■ Jt".� ■ 3 � I 7 'L rjr F 1[ • Decorati ve Elements pq igy t4 Vo �1 Tia'" --~ ,�►� '..�. •.. .y 5TH`. - �•,A•tr_`T�r AFF ,. s. �.•. c _-..■ .-• - . •f � R r ° -six •I+C.- - � •• x � . i l¢ i '+• "`�, - .fid' " 'Yt`•• +S•5.�+.•• . - :t•t •��, '�.- ja - .. --" r� l t r t , b a Decorative Elements .. ........ . -Z loaf PF LOW Lk �i —, a � i Reimagine Peppermint Lanie 0 � Decorative LIGHTING THE PARKS La Retamo Park, Artesian Park, Heritage Park DOWNTOWN BUILDINGS HOLIDAY LIGHTS COMPETITION NEW BOWS AND GARLANDS ON LIGHT POLES Holl* day Programming pppppp- r- F r,�- pppp"p- -,;;7 11 F pp"p,"- ­"qq9 , 2018 2018 F 2018 WEEKEND WEEKEND WEEKEND WEEKEND WEEKEND • • F OF J,1L OF DECEMBERkR DECEMBER Y - i Y - Y Y ECEME � ECEMY r L —.aj L .wj L A LIM.— A L, - A HARBOR ARTWALK. CHRISTMAS FESTIVUS HEALTHY LIGHTS I N 1VILLAGE CELEBRATION GOALS FESTIVAL DOWNTOWN AT AT BRIDGEWALK AT HERITAGE WATER ' S STARTING W TER ' S PARR EDGE AT EDGE AND HERITAGE DOWNTOWN PARK Holl* day Programming -9Its its 37th year , Harbor Lights Festival is an F HARBOR LIGHTS annual tradition that kicks off the holiday FESTIVAL AT season in the Coastal Bend . In 2018 , the festival moves to a new home at The Water ' s 6,L Edge on the beautiful Corpus Christi Bayfront . Holl* day Programming —"441ARTWALK is a monthly favorite thing to do in ARTWALK IN Corpus Christi . In December , the downtown area comes alive with artisan vendors and 4ctivities that will put the jingle jingle in 6,,.- the holiday sp r it . �b Holl* day Programming F_ I— Take a step back in time and enjoy a special ( CHRISTMAS 11 VILLAGE holidayexperiencein Heritage Park . Nestled AT M01, within the historic homes of Corpus Christi , HERITAGE PARK this agent will include multi - cultural family _,Afriendly readers theater performances , a P sad , carolers in period d dress and more ! Holiday Programming ■ • ■ culturephenomenon become an alternative way tocelebrateholidays . Corpus FESTIUS AST I ' lT ESChristi will feature fun events fori . favor � T '1 ' A► T E R ' celebration . includeAiring of trength " at The Water ' s Edge around an unadorned aluminum pole . Aet!M Mi FwTcw ha+F'Pwn IwFSeMJ Holiday Programming —"qq9St rf the New Year off right with a brisk early T HEALTHY 1, morning walk on the iconic Harbor Bridge . BRIDGEWALK Arnonthly staple in Corpus Christi , Bridge Wal . has offered attendees great views f the city r hlle offering a unique fitness experience that can only happen in our beautiful city . • ' onth - Long Promotions ail SIGNATURE WEBSITE that highlights holiday-oriented events in the Coastal Bend TRADITIONAL ADVERTISING inclusive of billboards, print and television DIGITAL MEDIA PROMOTIONS inclusive of promoted blogs, targeted social media campaign and Google key word search